Live data from Hacker News

EPA says power for data centers can sidestep pollution laws

epa.gov

91–100 of 262 posts

Re: EPA says power for data centers can sidestep pollution laws

#91

Earlier quoted context omitted.

Pretty insane, expect data center to be data center + coal power plant soon, why bother with generators or the pesky local grid.

If coal doesn't pencil out economically for the grid it still likely won't pencil out economically for data centers even if you remove some of the compliance stuff.

Fair enough, I don't know if it matters short term for massive buildouts, but I'm sure whatever comes out of this is not a benefit for anyone except the owners.

Re: EPA says power for data centers can sidestep pollution laws

#93

EPA guidance source document https://www.epa.gov/system/files/documents/2026-07/epa-issue...

This is so amateurish. This document misquotes its own authorities, with grade-school grammar mistakes:

> "In particular, while a “utility” under ARP regulations includes any person that sells electricity, the 1990 edition of DOE Form 860 only covers those electricity generators who sell “electric energy primary [sic] for use by the public.”

Said "1990 edition of DOE Form 860" is included on page 8 of the pdf, and it very clearly reads "primarily"; not "primary". As is proper English.

Re: EPA says power for data centers can sidestep pollution laws

#94

What a disgrace. Abysmal leadership in this country.

It's consistent leadership. Malevolent and stupid, but consistent.

Are you sure you're aiming your ire in the right direction in this case?

The EPA provided guidance that the CAA (Clean Air Act) itself was written to not apply in these cases.

Shouldn't you be angry at the authors of the law?

Re: EPA says power for data centers can sidestep pollution laws

#95

> Clean Air Act (CAA) Acid Rain Program (ARP) does not apply to power generation facilities that are not connected to a public electricity grid, commonly referred to as “islanded” power generation facilities. This of course makes no sense whatever, as whether or not a power generator is connected to the grid has nothing to do with its environmental impact.

It literally is just a cartoon villain plan. The AI companies look at something called the "Acid Rain Program" and think to themselves "Fuck that, what's a bit of acid rain going to do?". I truly cannot comprehend the mindset here as hard as I try

The AI companies look at something called the "endless government bureaucracy" and they think to themselves "fuck that, I'm not waiting 10 years for all that bullshit, I'll just use the loophole." I truly cannot comprehend any other reaction because I would rather have my fingernails ripped out than deal with years of government bureaucracy.

Re: EPA says power for data centers can sidestep pollution laws

#96

> Clean Air Act (CAA) Acid Rain Program (ARP) does not apply to power generation facilities that are not connected to a public electricity grid, commonly referred to as “islanded” power generation facilities. This of course makes no sense whatever, as whether or not a power generator is connected to the grid has nothing to do with its environmental impact.

Most generators not connected to the grid are for emergency backup purposes. Granted, this carve out is now clearly being abused, but the original intent is quite rational.

If we enforced strict regulations on all generators without any exceptions at all, your sewage lift station might not have a backup source anymore.

Re: EPA says power for data centers can sidestep pollution laws

#97

Earlier quoted context omitted.

Pretty insane, expect data center to be data center + coal power plant soon, why bother with generators or the pesky local grid.

Somebody mentioned that a solar panel field to power a data center requires a lot of impact assessment paper work and approvals. Whereas natural gas generators do not. Hence the runs on gas turbines, while solar panels are plentiful. ( Although I'd guess the consistency of power is a bigger issue. ) Running existing coal is now supposedly more expensive then putting in new wind or solar ... all else being equal.

They should definitely use wind power, since you could use the fans to cool the computers at the same time!

I for one would love a nice HTTP status in the form of "due to the weather being nice and calm outside, AI services are down, go outside and enjoy the day"

Re: EPA says power for data centers can sidestep pollution laws

#98
post #93

EPA guidance source document https://www.epa.gov/system/files/documents/2026-07/epa-issue...

This is so amateurish. This document misquotes its own authorities, with grade-school grammar mistakes: > "In particular, while a “utility” under ARP regulations includes any person that sells electricity, the 1990 edition of DOE Form 860 only covers those electricity generators who sell “electric energy primary [sic] for use by the public.” Said "1990 edition of DOE Form 860" is included on page 8 of the pdf, and it…

What about the substance?

Re: EPA says power for data centers can sidestep pollution laws

#99

Earlier quoted context omitted.

Are they clarifying? It reads to me like they are making up an exception for data centers out of thin air.

In what way do you think the guidance is in contradiction to the law?

The entire argument rests on a 36-year-old survey form: "DOE Form 860 (1990) defines electric utility to mean 'a corporation, person, agency, authority, or other legal entity or instrumentality that owns and/or operates facilities within the United States for the generation, transmission, distribution, or sale of electric energy primarily for use by the public.'"

So the leap is: an old survey form says "sale of electric energy primarily for use by the public," therefore anything not grid-connected isn't a sale to the public.

No assessment of prior practice, history, the plain meaning of the statute, or other statutory exemptions. And there are grid-connected plants serving a single customer so why the distinction?

Why the 1990 form? Congress froze it into the statute so a survey agency couldn't rewrite Clean Air Act coverage by editing a questionnaire. EPA is now exploiting that freeze by treating the form's obsolete boilerplate as substantive law; a taxonomy EIA itself abandoned, since modern EIA-860 covers essentially all generators above 1 MW, grid or not.

It's as if Congress defined citizenship by reference to a 1990 Census form, and the agency decided who's a citizen by parsing the instruction booklet.

100% complete BS. The silver lining is that without Chevron deference, this "interpretation" won't survive litigation, though the memo's "not final agency action" disclaimer means challengers may have to wait for an actual permitting decision to sue.

Re: EPA says power for data centers can sidestep pollution laws

#100

> Clean Air Act (CAA) Acid Rain Program (ARP) does not apply to power generation facilities that are not connected to a public electricity grid, commonly referred to as “islanded” power generation facilities. This of course makes no sense whatever, as whether or not a power generator is connected to the grid has nothing to do with its environmental impact.

It literally is just a cartoon villain plan. The AI companies look at something called the "Acid Rain Program" and think to themselves "Fuck that, what's a bit of acid rain going to do?". I truly cannot comprehend the mindset here as hard as I try

> truly cannot comprehend the mindset

The mindset is "if I could harvest your organs for profit I absolutely would, and I would make it illegal to protest against it"

Post reply on HN