U.S. govt says Musk's gas turbine generators for xAI aren’t exempt from permits — EPA ruling closes local loophole that allowed Musk to get power from temporary on-site power generators

The U.S. Environmental Protection Agency just released a ruling that removes any permitting exemptions for all types of gas turbine generators. According to The Guardian, this move comes as some Memphis residents have been fighting a legal battle against Elon Musk and his xAI startup for its allegedly illegal use of generators to deliver power to his multiple AI data centers.

While any deployment of a gas turbine generator generally requires a permit from the authorities, the county where Musk’s first AI supercluster is located has a loophole that allows their operation without a permit, provided they are moved within 364 days. xAI took advantage of this technicality, allowing it to set up and run an AI data center with 100,000 Nvidia H200 GPUs in just 19 days — something that Nvidia CEO Jensen Huang says usually takes four years. It achieved this by using multiple portable power generators to power the site while waiting for the 150MW substation to finish construction.

Other AI hyperscalers have also started using this technique while waiting for a connection to the grid, with OpenAI planning to use gas turbines at its first Stargate site for additional power. However, EPA’s latest rule now requires air permits for gas turbines, even portables ones that are deployed on a temporary basis. More than that, companies that want to use them now have to abide by the requirements set in the federal Clean Air Act.

This is going to be a blow to companies that are rushing to build AI data centers and bring them online, even without available grid power. The U.S. electricity grid is being stretched thin by the sudden influx of power demand from millions of power-hungry AI GPUs, and many hyperscalers are now turning to on-site generators for electrical power while waiting for their site to get a grid connection. While the EPA’s ruling is not a ban on portable or even permanent turbines, it increases the regulatory burden for those who want to deploy them. Furthermore, they can no longer rely on legal loopholes in local ordinances, meaning they’ll have to follow the higher standard that the federal government has set when it comes to permits and air quality.

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