New Jersey has fined one of the East Coast’s largest planned data centers $1.1 million for secretly installing and operating gas generators without the required permits. The state ordered DataOne to pay the penalty after an investigation by The Guardian and Floodlight News found that 45 of the 62 gas generators were in operation.
None of the generators held the permits needed for machines with 37-kilowatt capacity or higher. Instead, they operated at 1,982-kw capacities, more than 50 times the state limit. The investigation shared thermal drone footage showing the machines in operation.
The Fine and the Investigation
The fine comes under the state’s Air Pollution Control Act. Officials from New Jersey’s Department of Environmental Protection (DEP) noted that gas generators release “carbon dioxide, nitrogen oxides, carbon monoxide, and other combustion-related pollutants.” Those pollutants can worsen asthma, trigger heart attacks, and cause early deaths.
Calling the action “by far the largest ever taken against a data center in New Jersey,” DEP Commissioner Ed Potosnak vowed that data centers would not be “constructed or operated with impunity in this state.”
What DataOne Has to Do Now
DataOne was given 45 days to apply for the missing permits or else stop operations. But the state’s solution does not immediately relieve residents’ concerns. The company can keep running the gas engines while seeking the paperwork.
Nichole Gardner, a co-chair of a local environmental nonprofit Sustain SJ, told reporters that “we believe it is insufficient, both in dollar amount and enforcement. The DataOne site should be made to discontinue operations during the 45-day period until the proper permits are issued.”
The Company’s Response
In a statement to The New York Times, the company seemed unfazed by the fine. “We will apply for the air permits for the temporary generators,” a DataOne spokesperson said, while noting that DataOne “disagreed” with the fine.
The spokesperson also pointed to a future shift. “Eventually, the polluting gas generators will supposedly be phased out, as the data center is ‘transitioning to low-emission, quiet fuel cells,'” the spokesperson noted.
The Scale of the Breach
The numbers involved are large. Here is what the investigation found:
- 62 gas generators at the site
- 45 of those machines confirmed operating via thermal drone footage
- 1,982-kw operating capacities on the running machines
- 37-kw as the state limit
- More than 50 times the permitted capacity on the running machines
- $1.1 million as the total fine
Why Permits Matter
The permits matter because the generators produce pollution. The DEP listed the gases produced: carbon dioxide, nitrogen oxides, carbon monoxide, and other combustion-related pollutants. Those pollutants can worsen asthma, trigger heart attacks, and cause early deaths.
Without the permits, the generators operate outside legal limits. The state’s Air Pollution Control Act requires permits for machines of a certain size, and DataOne’s machines far exceeded that threshold.
What Residents Want
Local residents want the generators shut down while the permits are sorted. The 45-day grace period allows DataOne to keep running the machines, even though they lack the necessary approvals.
Gardner’s position is clear. She wants the site to stop operations entirely until the proper permits are issued.
The Fine’s Weakness
The $1.1 million fine is substantial, but it may not be enough to change behavior quickly. DataOne can keep operating while it applies for the permits. That means the emissions continue flowing for up to 45 days.
The company has said it will seek the necessary approvals. Whether that happens within the deadline is unclear.
The Road Ahead
The next 45 days will determine whether DataOne complies with the law. The company has said it will apply for the air permits for the temporary generators.
The DEP’s vow that data centers will not be constructed or operated with impunity leaves open what happens beyond that deadline.
Our View
This is a serious breach of state law. Operating machines at nearly 2,000 kilowatts when the limit is 37 is not a minor mistake, and the company’s disagreement with the fine does not make it any less serious.
The 45-day grace period, however, is a problem. Residents should not have to breathe polluted air while DataOne sorts out its paperwork. The state should have demanded immediate shutdown of the generators pending permit approval.
DataOne has promised a transition to low-emission, quiet fuel cells. That promise is welcome, but it does not excuse the current violations. The company should stop operating the gas generators immediately, not wait 45 days.
The fine sends a message. Whether it changes behavior remains to be seen.
Source material: “New Jersey fines data center $1.1M after drone pics expose 62 gas generators,” Ars Technica.
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