Environmental Regulations Associated with Data Center Activities 2025

Apart from a $10 water withdrawal fee, MDEQ does not charge application/permit fees for most air, water, and waste permitting. MDEQ prioritizes new construction and works with MDA and applicants to streamline the permitting process.

Applicants who wish to utilize a contractor to assist MDEQ with permitting may do so through the Contractor Permitting Assistance Program. This program was established by the Mississippi legislature through Senate Bill 2649 in the 2024 regular session. Costs associated with this program are paid by the applicant.

• The Office of Land and Water Resources Permitting, Certification and Compliance Division (OLW PCCD)
• The Office of Pollution Control Environmental Permits Division

The Office of Land and Water Resources Permitting, Certification and Compliance Division (OLW PCCD)

OLW PCCD is responsible for regulating the use of surface water and groundwater. The surface water and groundwater use regulations (11 Miss. Admin. Code Pt. 7 Ch. 1.) require that any person or entity proposing to use surface water or groundwater in the state of Mississippi must notify MDEQ and may be required to obtain written authorization and/or a permit.

Surface Water Withdrawal Considerations:

1. A Permit Application to Divert or Withdraw Surface Water should be made at least two months prior to the desired date for withdrawing surface water. The application, a map depicting the location, and a $10.00 permit fee should be submitted to MDEQ for all surface water sources.
2. MDEQ will determine if the source is considered state waters or will impact state waste If so, MDEQ will determine an estimated allowable flow rate based on historic averages and prepare a Notice of Intent to Withdraw Surface Water to be published in a paper with circulation in the project county. It is the responsibility of the applicant to ensure publication. The Notice of Intent has to be published for one day, which begins a ten-day public comment period
3. A permit is not issued until the applicant submits a notarized proof of publication to MDEQ, the ten-day comment period is completed, and comments, if any, are considered.
4. Every permit contains Special Terms and Conditions as part of the permit. It is the responsibility of the applicant to ensure compliance with the Special Terms and Conditions.

Groundwater Withdrawal Considerations:

1. A Groundwater Withdrawal Permit Application should be made at least two months prior to the desired date for initiating construction of a well or withdrawing groundwater from an existing well. The application, a map depicting the location, and a $10.00 fee should be sent to MDEQ. A separate application and fee is required for each well, if multiple wells are needed.
2. MDEQ will prepare a Notice of Intent to Withdraw Groundwater to be published in a paper with circulation in the project county. It is the responsibility of the applicant to ensure publicati The Notice of Intent must be published for one day, which begins a ten-day public comment period.
3. A permit is not issued until the applicant submits a notarized proof of publication to MDEQ, the ten-day comment period is completed, and comments, if any, are considered.
4. Every permit contains Special Terms and Conditions as part of the permit. It is the responsibility of the applicant to ensure compliance with the Special Terms and Condition
5. Title 11-Mississippi Administrative Code, Part 7, Chapter 1, Rule 1.4.D.1 states: “Once-through, Non-contact Cooling Water – In general, the use of large volumes of groundwater for once-through, non-contact cooling purposes is not a beneficial use of groundwater resources and is contrary to principles of water conservation. Use of more than 20,000 gallons per day (gpd) for this purpose is prohibited, regardless of the size of the well or the source of the groundwater, unless approval is obtained from the Permit Board. Proposals to use less than 20,000 gpd will be considered by the Permit Board on a case-by-case basis.” MDEQ should be contacted as soon as possible to discuss options if the company is planning to use groundwater for once-through non-contact cooling water.
6. When the well is no longer needed it must be properly plugged and a Decommissioning Form must be provided to MDEQ.

 NOTE: Do not assume an existing permitted groundwater well may be used for data center purposes, and do not pump any existing well without contacting MDEQ.

All new or existing groundwater wells will be evaluated to ensure no significant impacts will occur to existing drinking water supplies.

Water Conservation Considerations:

Due to Title 11, Part 7, Chapter 1, Rule 1.4.D.1 alternatives to once-through non-contact cooling water should be utilized through closed loop and/or recycling systems.

Alternative Water Source Considerations:

The use of alternative water sources such as surface water, aquifers with poorer quality water, treated wastewater, and/or conjunctive water-use are encouraged. The use of the lowest quality water available that will meet quantity and quality requirements may be required.

Permit application, additional information and a copy of the regulations, can be obtained here:

https://www.mdeq.ms.gov/permits/water-availability-and-use/forms/

For additional information, please contact:

Chris Hawkins, P.E., Chief
Permitting, Certification, and Compliance Division
(601) 961-5775
mailto:chawkins@mdeq.ms.gov

The Office of Pollution Control Environmental Permits Division (OPC EPD)

OPC EPD is responsible for air, wastewater, and stormwater permitting, and water quality certifications.

Permits that are typically needed to commence construction include an Air Construction Permit, a Construction Stormwater Permit, and possibly a Section 401 Water Quality Certification (if a federal 404 Permit is needed). Sources are encouraged to contact MDEQ to discuss permitting options prior to filing an application.

Air Construction Permits:

Any new “Greenfield” stationary source must obtain an air permit to construct prior to beginning construction except as excluded in Title 11, Miss. Admin. Code Pt. 2, Ch. 2, Rule 2.13(D) and (E). MDEQ has two types of air construction permits and a Pre-permit construction approval:

1. A Prevention of Significant Deterioration (PSD) permit is triggered when a facility is considered a PSD major source per 40 CFR 52.21 and can be issued approximately 5-8 months upon receiving a complete application.
2. Most air construction permits are non-PSD and can be issued approximately 3-6 months upon receiving a complete application.
3. Pre-permit construction approval is available when all the requirements in Title 11, Miss. Admin, Code Pt. 2, Ch.2, Rule 2.15 are met but is not allowed for PSD major sources.

Air Operating Permits:

1. Operating permits are required unless the facility is a true minor source. A true minor source is one which requires no federally enforceable restrictions to maintain a potential-to-emit (PTE) below the Major Source thresholds.
2. A synthetic minor operating permit (SMOP) is required for sources which propose federally enforceable restrictions to limit the facility’s PTE below Title V thresholds (Major Source).
3. Title V Operating permits are required for Major Sources (HAP > 10 tpy or Total HAPs > 25 Criteria Pollutants >100 tpy).

Section 401 Water Quality Certifications:

A Section 401 Water Quality Certification (WQC) is required when a federal Section 404 Permit is needed. For most Section 404 Nationwide Permits, MDEQ has issued a corresponding WQC with conditions. In cases where an individual WQC is required, the processing timeline is 3 – 6 months from receipt of a complete request for WQC. The WQC process is initiated by submitting a request for a Pre-Filing Meeting here: (https://www.mdeq.ms.gov/prefiling-meeting/).

Construction Stormwater Coverages:

The Large Construction Stormwater General Permit (LCGP) is for the discharge of stormwater from projects that will disturb five or more acres. Applicants must apply for coverage under that General Permit by submitting a Large Construction Notice of Intent (LCNOI), a Stormwater Pollution Prevention Plan (SWPPP), and other applicable documents. MDEQ estimates that the coverage could be issued within 30-60 days upon receiving a complete application and depending on the number of high priority projects in the queue and the level of public interest/opposition in the project.

Note: Construction projects equal to or greater than one (1) acre but less than five (5) acres are not required to obtain approval from MDEQ but are required to comply with the Small Construction Stormwater General Permit.

Wastewater Permits

Any person discharging wastewater or operating a treatment works from which no discharge occurs must submit application and obtain the necessary permits or coverages prior to the commencement of discharge. There are three (3) types of wastewater permits.

Pretreatment (PT) Permits:

A pretreatment (PT) permit may be needed for wastewater discharge to a Publicly Owned Treatment Works (POTW). If the POTW is willing to accept the wastewater, an application must be submitted to MDEQ for a permit determination and/or development of a PT permit. A 30-day public notice is required for new PT permits. MDEQ estimates a PT permit could be issued 3-6 months from receipt of a complete application.

National Pollutant Discharge Elimination System (NPDES) Permits:

An NPDES Permit is required if the project proposes a discharge directly to State/Federal Waters. NPDES forms and an anti-degradation review must be submitted to MDEQ. A public notice is required for new NPDES permits, and a 30-day EPA review may be required. MDEQ estimates an NPDES permit could be issued within 3-6 months from receipt of a complete application.

State Operating Permits (SOPs):

SOPs are required for wastewater treatment from which no discharge occurs. An application must be submitted to MDEQ. New SOPs require a 30-day public notice but do not require EPA review. MDEQ estimates SOPs to be issued within 2-5 months from receipt of a complete application.

Industrial Stormwater Coverages, Permits, and No Exposure Certifications:

Industrial stormwater discharges associated with industrial activities, listed in 40 CFR 122.26 (b) (14) (i – xi, except x) are required to either obtain coverage under the Industrial Stormwater General Permit (ISGP), obtain an individual stormwater permit, or claim No Exposure. Most industrial stormwater is covered by an ISGP coverage or a NEC. MDEQ estimates that ISGP coverages can be issued within 30-60 days upon receiving a complete application. NECs are processed in approximately 10 days upon receipt.

Permit applications can be obtained here: https://www.mdeq.ms.gov/permits/environmental-permits-division/applications-forms/

A copy of the state regulations can be found here:  https://www.mdeq.ms.gov/about-mdeq/regulations/

For additional information, please contact:

Becky Simonson,
Environmental Permits Division Chief
(601) 961-5580
bsimonson@mdeq.ms.gov

or

Mike Freiman, Office of Pollution Control Director
(601) 961-5271
mfreiman@mdeq.ms.gov