Members of the Shelby County Commission could be included in the current debate over data centers underway in the Memphis City Council.
Interim Shelby County health director Dr. Bruce Randolph made a recommendation to commissioners at the Monday, Sept. 28 meeting during a discussion on rate hikes and penalties for large-scale industries that violate air quality rules.
“I’ve been in communication with the director of Planning and Development, Mr. Brett Ragsdale,” said Randolph. “I suggested it to him and will suggest it to the commission today … It is very important that the county commissioners be at that table to discuss the zoning plan.”
The council is currently drafting a zoning ordinance that regulates the controversial tech facilities, including the SpaceXAI Colossus data center. However, any discussion over air quality requires the input of the county-run health department.
“Even though they may be focusing on the City of Memphis, the City of Memphis falls within the county of Shelby. I believe those zoning decisions should be something that the county should have some input in,” added Randolph.
Much of the immediate concern about pollution levels centered around Colossus in South Memphis. During last week’s discussion on rates, it was revealed that SpaceXAI ranked 28th on the county’s list of industry polluters.
Data centers currently operate in a Wild West fashion with little oversight. Memphis isn’t alone in its pursuit of a regulatory framework. Municipalities across the nation are considering zoning ordinances of their own. Moreover, opposition to data centers is an issue that appears to cross political divides. Both Republican and Democratic politicians have expressed concerns.
In Shelby County, the only recourse currently available for violations is through enforcement of Environmental Protection Agency standards. The rates under discussion are one enforcement tool. They apply to large-scale industries that release 100 tons or more of pollutants into the atmosphere annually.
Companies in that category include NuCor Steel and the Tennessee Valley Authority. Both are required to report levels monthly, followed by annual inspections by health department staff. A red flag on a report or increase in monitored pollution levels could lead to an immediate inspection.
Pollutants the EPA monitors include CO2, lead, sulfur dioxide, nitrogen dioxide and ground level ozone. The health department also monitors 188 toxic pollutants.
“Let’s do whatever we can to make sure the companies currently present are operating under those limits,” said Randolph. “Let’s make sure the companies are doing more than that and hold them accountable if they don’t. That’s one thing these permit fees will do, is hold folks accountable” said Randolph.
Accountability also comes in the form of fines. They are tacked on to the bill if violations are discovered. All the money collected goes towards the self-funding program. In recent years, costs of sustaining the program have risen along with the inflation rate. Moreover, the EPA requires the county to fully fund its own pollution monitoring.
“The permit fees are for us to sustain the program. To allow us to continue oversight locally and to provide regulations for industry that wants to come into Shelby County,” explained deputy health director Kasia Smith-Alexander.
The program is currently $90,000 short of its overall $900,000 budget.
During the discussion, Randolph briefly elaborated on an “environmental justice” position he proposed to create during last week’s committee meetings. The position would fall under the second of the “two-fold responsibility” of the agency, which is to “ensure the health” of the county’s residents. The first obligation is to enforce regulations.
“The idea is that this individual would really be an advocate for the public and represent the interests of the public,” said Randolph.
This ordinance amendment passed 9-0. Voting in favor were Michele Dial, Karen Streeter, Amber Huett-Garcia, Will Richardson, Charlie Caswell, Miska Clay Bibbs, Erika Sugarmon, LaShanta Rudd and chairwoman Shante Avant. Commissioners Derek Mills, Henri Brooks, Mark Billingsley and Rhonda O’Dell abstained.
Members agreed to an ordinance amendment that brings the Shelby County Air Code references up to date with the state’s air pollution regulations. It also repeals obsolete provisions and revises the appeals procedure by providing for recovery of appeal costs.
