SOUTHERN NEW MEXICO
Project Jupiter air permit to be debated in October hearing
Environment Department to hear testimony in Sunland Park
A public hearing into a controversial air quality permit for the data center known as Project Jupiter will take place in October, according to by the New Mexico Environment Department.
The hearing is set for 9 a.m. Oct. 19, and will continue as necessary, at the Sunland Park Multi-Generational Center, a community space within the Sunland Park Sports Complex at 4700 McNutt Road.
The permit application, submitted by Yucca Growth Infrastructure LLC, pertains to a microgrid facility planned to provide power for the hyperscale data center under construction in Santa Teresa for use by Oracle and OpenAI to train artificial intelligence software. The project includes four data centers, an office building and the power facility, which would be powered with natural gas and fuel cell technology.
The permit application includes a projected 10.1 million tons of greenhouse gas emissions annually. For comparison, the entire city of Albuquerque in 2023.
Critics and opponents of the project, including some local state legislators, have called on the project to invest in a major solar power installation instead. Others, including four Democratic lawmakers, have vowed to press for a statewide moratorium on data center development, with the support of community groups and organizations such as Food and Water Watch, which has over impacts to agriculture in the region as well as impacts on air and water resources.
In a statement, Oracle said scheduling the hearing three months from now “defers the public’s right to hear the detailed technical facts about our project, and puts the NMED at risk of missing their statutory mandated period to make a decision regarding the permit.”
The project has run into a significant obstacle in supplying gas to the site, as New Mexico Commissioner of Public Lands Stephanie Garcia Richard has twice denied permission to build a pipeline extension across state trust land. The applicant, Energy Transfer, has not stated whether it would further contest the decision.
Besides the air quality impacts, the process drew controversy over complaints that supportive comments had been submitted under the names of residents, including elected officials, without their knowledge or consent.
The hearing notice set an Oct. 1 deadline for parties wishing to present technical evidence, with notices for rebuttal testimony to be submitted by Oct. 12. Comments from the public will also be accepted online and at the meeting, with a three-minute time limit. More time — up to half an hour — will be allotted to technical witnesses to summarize their evidence, according to the notice.
The department’s Air Quality Bureau has until late November to decide whether to grant the permit.
An Oracle spokesperson wrote, “Project opponents have had months to prepare for the hearing and are now deliberately foot-dragging to prolong approval of a permit application that meets all air quality requirements and has been thoroughly vetted by NMED staff.”
In a scheduling hearing Wednesday, developers sought to schedule the hearing in August, but opponents argued this left too little time for attorneys to meet 30-day deadlines for filing technical evidence.
“Already, thousands of workers, including more than 440 New Mexican residents are working on site,” the spokesperson wrote. “A delayed hearing puts those jobs in jeopardy and needlessly postpones the creation of 1,500 ongoing project-supported jobs. Project Jupiter is already generating $37.4 million in tax revenue for Doña Ana County and $22.5 million for the state, and delays to the project would bring that down substantially.”
Algernon ’A is the Journal’s southern New Mexico correspondent. He can be reached at adammassa@abqjournal.com.