INSUBCONTINENT EXCLUSIVE:
"For instance, if all the 35 turbines operated by xAI were using" add-on air pollution control technology "to achieve a NOx emission rate of
they currently emit," the letter said.Allegedly, all of xAI's active turbines "continue to operate without utilizing best available control
technology" (BACT) and "there is no dispute" that since xAI has yet to obtain permitting, it's not meeting BACT requirements today, the
ongoing violation that is resulting in substantial amounts of harmful excess emissions," the letter said.Additionally, xAI's turbines are
considered a major source of a hazardous air pollutant, formaldehyde, the letter said, with "the potential to emit more than 16 tons" since
"xAI was required to conduct initial emissions testing for formaldehyde within 180 days of becoming a major source," the letter alleged, but
it appears that a year after moving into Memphis, still "xAI has not conducted this testing."The NAACP and SELC suggested that the exemption
that xAI is seemingly operating under could be a "nonroad engine exemption." However, they alleged that xAI's turbines don't qualify for
that yearlong exemption, and even if they did, any turbines still onsite after a year would surely not be covered and should have permitting
by now."While some local leaders, including the Memphis Mayor and Shelby County Health Department, have claimed there is a '364-exemption'
xAI site," SELC's press release alleged.