DONA ANA COUNTY, N.M. – (KFOX14/CBS4) — A controversial data center project planned for Santa Teresa, New Mexico, is now seeking air-quality permits for an on-site microgrid — and new permit applications show two separate facilities are planned, drawing criticism over how emissions would be regulated.

Borderplex Digital has said there would be one microgrid to support on-site power generation for the project.

When asked why two applications were filed, Borderplex referred questions to Matthew Gonzales, a project advocate and a member of the Consumer Energy Alliance, a national nonprofit that supports projects like this one.

“I think that the project developers are doing the right thing by following the law. They’re working closely with the environment department to make sure that they’re crossing their t’s and dotting their i’s,” Gonzales said.

The project, known as Project Jupiter, is described as a $165 billion investment to build a data center facility in Santa Teresa.

RELATED: Project Jupiter ignites debate: Economic tech boom or ecological bane for Borderland?

The air-quality permit applications describe two facilities called the East and West microgrids.

To explain the permitting process and concerns raised by the filings, David Baake, a New Mexico attorney who has worked on these kinds of permits, said he believes the approach is unlawful.

“I think that the approach they’ve taken to try to get this air permit is really wildly illegal. I don’t think they’re going to succeed,” Baake said.

Baake said the two facilities are connected to the same overall project.

“They just happen to be on other sides of the Pete Domenici Highway. But they’re going to be serving the same data center. They’re both related to Project Jupiter,” he said.

Gonzales said the project is following New Mexico Environment Department guidelines and that separate applications were required.

“By state law, they were required to put those applications forward. The state of New Mexico could probably come in and say, hey, do these as one,” Gonzales said.

Baake said a major concern is what the facilities would emit, arguing that treating them as separate power plants could be an attempt to avoid stricter controls.

“The idea that they’re going to be able to claim that these are two separate power plants to avoid the emission controls is just not going to work,” Baake said.

According to the permit applications, if the two facilities ran 24/7, together they would emit around 13.5 million tons of greenhouse gases in a year.

By comparison, the most recent Climate Action Plan from the city of Las Cruces reported emissions of just over 900,000 thousand tons in 2018, and Albuquerque’s most recent action plan reported emissions of just under 6 million tons in 2017.

FULL PERMIT APPLICATIONS:

The New Mexico Environment Department is still considering whether the two facilities should submit one permit or separate permits.

Construction on the microgrids would not happen until the permits are approved.

To learn more about the project, visit projectjupitertogether.com

RELATED: Rep. Mary González joins town hall to discuss impact of data centers

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