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NJ fines data center $1.1M for illegal gas generators

Ars Technica •
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New Jersey ordered Data One, operator of one of the East Coast’s largest planned data centers, to pay a $1.1 million fine for secretly installing and operating gas generators in violation of the state’s Air Pollution Control Act. The fine followed an investigation by The Guardian and Floodlight News that used thermal drone footage showing 45 of the 62 generators operating without required permits. The generators emit pollutants like carbon dioxide and nitrogen oxides, which can worsen asthma and trigger heart attacks.

DEP Commissioner Ed Potosnak called the enforcement “by far the largest ever taken against a data center in New Jersey,” vowing that data centers would not be “constructed or operated with impunity.” However, residents remain concerned. Data One was given 45 days to apply for permits or cease operations, but can continue running the generators while seeking permits. Nichole Gardner of Sustain SJ told Ars that the fine is “insufficient, both in dollar amount and enforcement.”

Data One said it would apply for permits and disagreed with the fine, noting a future transition to fuel cells. But neighbors near the Vineland site, which powers Microsoft’s AI tools, question why the company started generators near homes and schools. Tiffany Leone-Vespa, a resident of 18 years, asked, “What have we been breathing in?” Steve Brown called the fine “a drop in the bucket” for a billion-dollar company, echoing Leone-Vespa’s view that it’s “pocket change.”