Key Takeaways
- NPDES Permit No. OHD000001 is a permit drafted by the Ohio EPA allowing eligible data centers to discharge wastewater into certain state waters.
- Arguments for the general permit state the potential economic and social gains, as well as state the permit’s ability to adequately protect water quality.
- Arguments against the general permit state the health issues that the discharges can have on Ohio communities and aquatic environments.
- Water quality can be lowered because of this general permit, but the severity of the quality decline is left to be seen.
What is the Current State of Data Centers in Ohio?
In recent years, facilities that provide computer processing and digital data services, or data centers, have been constructed all over the country. Ohio in particular has seen a great increase in data centers. Ohio is ranked the fourth US state with the largest volume of data centers with currently 195 data centers in the state. A tax exemption for Ohio data centers, a powerful electricity grid, competitive electricity rates, as well as a large amount of public support for data center construction have all contributed to Ohio’s growing dominance in the data center industry. Companies like Google, Meta, Amazon Web Services, and Cologix already have many data centers across the state. However, there are also many plans to further expand and create new data centers across Ohio. For example, Amazon Web Services announced both a $10 billion data center expansion in Columbus, Ohio, as well as a new $5 billion data center investment in Fayette County.
Understanding NPDES Permits
The National Pollutant Discharge Elimination System (NPDES) permit program was created by the Clean Water Act to regulate industries that discharge or release pollutants into United States waters. This is done through the creation of five year long permits that allow an “acceptable amount” of released pollution substances, as determined by the Clean Water Act. NPDES permits are split into two main forms: individual and general permits. The individual NPDES permits are assigned to site-specific conditions of a single facility that discharges pollutants, usually with more complex, high-impact discharges. General NPDES permits, in contrast, are assigned to multiple dischargers of similar operations and types of minimally complex dischargers.
NPDES Permit No. OHD000001 is a general NPDES permit drafted by the Ohio Environmental Protection Agency (EPA). This general permit allows eligible data centers in Ohio to discharge wastewater, specifically waters used for cooling down their computers, into certain state waters. These eligible state waters include Lake Erie, the Ohio river, category 1 or 2 wetlands, and any state waters under the classification of excellent, good, or poor quality state waters. However, discharges cannot be released 500 yards upstream of a public water supply, or in any seasonal salmonid habitats. Lake Erie is the only outstanding state water that is an exception to these standards. The Ohio EPA stated in the permit draft that a lowering of water quality associated with this permit is necessary for important social and economic developments in Ohio. However, the Ohio EPA also stated the “lowering of water quality” language was a standard phrase for NPDES permits and does not inherently indicate that water quality will be lowered to a point where it would become a health hazard.
The general permit was drafted with the aim of making the permitting process quicker, simpler, and more efficient for both data centers and the Ohio EPA, which would further encourage data center construction in the state of Ohio.
What Are the Strengths of the General Permit for Data Centers?
Greater Economic Development and Social Development
Some argue the NPDES Permit No. OHD000001 can generate more economic and social developments by promoting data center construction in Ohio communities. This is because data centers can create more jobs, generate more tax revenue, and strengthen Ohio communities. The jobs that data centers can create consists of temporary construction jobs to permanent, high-wage jobs in engineering, operations, or information technology (IT). Data centers can also generate a lot of tax revenue from property and other types of local taxes. According to ConsumerEnergyAlliance, “Construction of a 1 GW data center creates approximately 45,367 temporary jobs, producing $2.4 billion in earnings and $176.8 million in state and local tax revenue within 18 months.” Lastly, data center facilities can indirectly strengthen communities by funding public infrastructure, including roads and libraries, through taxes. Data centers also underpin many critical services, like video conferences and medicare access, through their computer processing services.
Limited Environmental Damage
Another argument is that the general permit’s restrictions are strong enough to have minimal impact on the environment and the health of Ohio communities. All NPDES permits have to follow state and federal guidelines under the Clean Water Act, so NPDES Permit No. OHD000001 must follow Ohio’s Water Quality Standards and federal guidelines. The federal standards require monitoring for all NPDES permits, and state standards give specific guidelines on what chemicals can be discharged and how much should be discharged in order to protect the health of aquatic organisms and Ohio residents. However, critics argue that the current Ohio water infrastructure is not adequately equipped to meaningfully support these standards.
What Are the Downfalls of the General Permit for Data Centers?
Health Risks From Lower Water Quality
A common argument against NPDES Permit No. OHD000001 is that the general permit format is not restrictive enough to fully protect water quality. Since general permits cannot cover all unique circumstances at every different site, more pollutants than accounted for could navigate into Ohio waters and lower water quality. This lower quality of water can negatively impact the health of Ohio communities, through diseases like Cholera and diarrhea. Furthermore, the Ohio general permit does not have any restrictions on Per- and polyfluoroalkyl substances (PFAS) or any other chemicals that do not naturally break down in their environment. These chemicals are commonly used as fire suppressants or cooling agents, and are commonly used in data centers’ cooling waters. These chemicals can also cause health issues if consumed, including increasing the risk of kidney cancer and dyslipidemia.
Negative Ecological Impacts
Another argument is that the discharged waters the general permit admits could harm the aquatic environment in Ohio. Discharged waters can cause temperature changes, which can alter dissolved oxygen levels in the water and can harm aquatic organisms. Some stakeholders, like State Representatives David Thomas (R-Jefferson) and Kellie Deeter (R-Norwalk), are concerned for Lake Erie’s aquatic environment specifically, since discharges are less restricted for the great lake. There is also a concern that anti-corrosive chemicals from HVAC pipes could be released into Ohio waterways by the increased amount of water in the system. Furthermore, many treatment centers and wastewater facilities, particularly in rural regions, may not have the infrastructure needed to filter those chemicals out, so those harmful contaminants could be released into Ohio waters.
How Will NPDES Permit No. OHD000001 Affect Ohio Communities?
NPDES Permit No. OHD000001 could bring in more data centers into Ohio communities, since the general permit would make the process of using waters of the state faster and less complicated. University of Cincinnati College of Law Professor Brad Mank furthered this idea, stating that the data center industry could see Ohio as a data center friendly state because of the general permit. Increased data center construction in Ohio could cause greater conflict over natural resources between Ohio communities and data centers. For instance, since data centers consume a lot of energy and water to maintain their computer processes, there is potential for conflict over how those resources are shared. Furthermore, Ohio communities with data centers in them could face greater economic costs, like higher energy prices.
In terms of water quality, there is a chance of decline as a result of this general permit. However, the severity of the quality decline would remain to be seen. NPDES Permit No. OHD000001 is still a new development, as the public commenting period for the permit draft ended in January 16, 2026. As data centers become more common across the US and the rest of the world, state engagement becomes increasingly relevant. It is unclear what will change in the final draft of NPDES Permit No. OHD000001.
FAQ
- What is the difference between general and individual NPDES permits?
- A general NPDES permit is assigned to multiple dischargers, while an individual NPDES permit is assigned to a single discharger.
- Why was the NPDES Permit No. OHD000001 drafted?
- The permit was drafted in order to encourage data center construction in Ohio by making the process to use state waters simpler, quicker, and more efficient.
- Who is affected by NPDES Permit No. OHD00000?
- All Ohioans are affected, as data centers can be constructed in any community.