The Regulation of Air Emissions from Data Centres in NSW

At Northstar, we are increasingly asked to provide advice regarding emission control from data centres in NSW. The development of data centres is becoming quite a booming sector at the moment and we have noted a frequent misunderstanding regarding how they are regulated under the POEO (Clean Air) Regulation in NSW. Recently we have come across a number of examples where the requirements to assess and control emergency-generated emissions has been misunderstood, particularly in relation to the exemption provided by Clause 57A:

57A   Exemption relating to emergency electricity generation

Emergency standby plant comprising a stationary reciprocating internal combustion engine for generating electricity is exempt from the air impurities standard for nitrogen dioxide and nitric oxide specified in Schedule 4 in relation to that plant if the plant is used for a total of not more than 200 hours per year.

The exemption provided under Clause 57A specifically relates to the air impurities standard for NOx as provided under Schedule 4 of the Regulation. This exemption relates to air emission limits only (i.e. the concentration limit at point of discharge) and Clause 57A does not provide exemption from the requirement to assess the potential impacts of those emissions, nor does it provide an exemption from compliance with the air quality assessment criteria, as published in the Approved Methods.

Data centres typically have a significant installed emergency generating capacity, and as they get bigger (as they are) the installed emergency generating capacity is also required to increase to provide air conditioning in the event of electricity power outage. Typically, this generating capacity is provided by a significant number of fast-start diesel-fuelled turbines, which may be located at near ground level and often located close to other commercial or residential land uses. 

Without appropriate assessment and adequate emission control, the air emissions from that generating capacity may represent a significant health risk at off-site locations, albeit for a few hours in a year.

The cost of designing and construction of suitable emission controls for the discharge of emergency generator emissions is relatively minor than to retrofitting such systems once constructed.

If you would like to discuss the above or need any assistance relating to impact assessment or emission controls, please do not hesitate to contact the team on +61 (02) 9071 8600 or [email protected].