The Environmental Protection Agency closed a loophole this week that Elon Musk’s xAI had exploited to rapidly stand up its first data center in Memphis, Tennessee.
Musk’s artificial intelligence startup created a kind of off-grid power plant for its Colossus facility by using a cluster of gas-burning turbines. The company was able to avoid air pollution permitting by classifying the turbines, which were mounted on trailers, as “non-road engines.”
The EPA’s updated rule clarifies that those kinds of turbines can’t be designated as non-road engines and companies must also obtain Clean Air Act permits before installing them, particularly if their aggregate emissions will go above “major source thresholds” of pollution.
The Shelby County Health Department in Memphis previously allowed xAI to designate its turbines as non-road engines, and to start using them without any public comment and environmental impact review, as would have been required in a standard permitting process.
Representatives from the county’s health department and xAI didn’t respond to requests for comment.
