Ohio · Data center compliance
Ohio data center compliance guide: federal, state and local requirements
Ohio has no data-center-specific permitting statute yet, but 2025–2026 brought three big changes: AEP Ohio's data center tariff, Governor DeWine's May 27, 2026 pause on new data center sales tax exemptions, and a legislative Joint Data Center Committee studying the industry.
Updated
Serving New Albany / Licking County, Franklin County suburbs, Delaware County, Pickaway, Union & exurban townships, Lorain County (Grafton) and Allen & Wood counties in Ohio.
At a glance
Ohio data center rules at a glance
85%
Minimum demand charge for up to 12 years under AEP Ohio's tariff for loads of 25 MW+
May 27, 2026
Governor pauses new data center sales tax exemption requests
50%
Proposed cut to new sales tax exemptions in Sub. HB 646, now back in committee
134 of ~200
Ohio data centers located in Central Ohio
Key takeaways for Ohio data center projects
- Ohio data centers answer to Ohio EPA (air, surface water, drinking and ground water), PUCO, the Ohio Power Siting Board, ODNR, the Tax Credit Authority, the Board of Building Standards and State Fire Marshal, plus local zoning.
- AEP Ohio's PUCO-approved tariff requires data centers of 25 MW or more to pay for at least 85% of contracted demand for up to 12 years.
- The Tax Credit Authority stopped taking new data center sales tax exemption requests after June 1, 2026, and DeWine says the pause lasts until he leaves office; existing agreements continue.
- Townships around Central Ohio increasingly use 12-month moratoria while they rewrite zoning codes.
Recent and pending laws
What’s changed for Ohio data centers
The rules moving fastest right now. Each entry shows its status and the dates to watch.
Date: May 2026
FirstEnergy and AES Ohio data center tariffs
PUCO directed FirstEnergy to file a data center tariff; staff recommends one for AES Ohio
Status: Proposed
Date: June 2026
Sub. HB 646
Would halve new sales tax exemptions, require data center tariffs, add water standards and a surety bond
Status: In committee
Date: May 27, 2026
Sales tax exemption pause
No new data center exemption requests after June 1, 2026
Status: In effect
Date: May 2026
Joint Data Center Committee
House and Senate committees studying data center impacts
Status: Ongoing
Date: July 21, 2026
Data center general NPDES permit
Ohio EPA dropped the streamlined permit; direct discharges need individual NPDES permits
Status: Withdrawn
Date: Aug. 14, 2025
HB 15
Behind-the-meter self-power, OPSB shot clocks, brownfield siting incentives
Status: Law
Date: July 9, 2025
AEP Ohio data center tariff
85% minimum demand for up to 12 years for 25 MW+
Status: In effect
Who regulates what
Four layers of oversight on every Ohio project
A compliant Ohio data center has to clear federal rules, state agency permits, local approvals and utility requirements at the same time.
Federal
- U.S. EPA (air, water, SPCC, EPCRA)
- U.S. Army Corps of Engineers
- OSHA
- FAA
- FERC / NERC
State
- Ohio EPA (air, surface water, drinking & ground waters)
- Public Utilities Commission of Ohio (PUCO)
- Ohio Power Siting Board (OPSB)
- Ohio Dept. of Natural Resources (ODNR)
- Tax Credit Authority / Dept. of Development
- Board of Building Standards / State Fire Marshal
Local
- Cities, villages, townships and counties
Utility & grid
- AEP Ohio
- FirstEnergy utilities
- Duke Energy Ohio
- AES Ohio
- Co-ops and water/sewer authorities
Lifecycle
Ohio requirements from site selection to decommissioning
01
Site selection
Confirm the zoning authority (city, village or township), any active moratorium, utility capacity and which tariff applies, and whether on-site generation triggers OPSB review under HB 15.
02
Permitting & construction
Ohio EPA permits-to-install for generator fleets and cooling towers, NPDES stormwater coverage, Ohio Building Code review by a BBS-certified department, and State Fire Marshal requirements for fuel tanks.
03
Operations
Air permit operating limits and reporting, AEP Ohio minimum-demand obligations, water use and discharge monitoring, and the terms of any local abatement.
04
Decommissioning
Close fuel systems under BUSTR rules, surrender air permits, manage batteries and electronics as regulated waste, and meet local restoration terms.
On your jobsite
What this means on your jobsite
Site selection
In Ohio, the deal-breakers are usually local: a moratorium, a utility capacity limit or ground you didn’t test. Check all three before you close.
Soils and undermined ground
Much of eastern, northeastern and southeastern Ohio sits over abandoned underground coal and clay mines, and ODNR’s mine maps don’t show every one. Heavy equipment rooms and generator yards need foundations designed for what’s actually below.
You'll need: geotechnical data, a check of ODNR’s abandoned mine maps and early testing to confirm the design assumptions
Environmental history
Lenders and buyers will expect a Phase I environmental site assessment before acquisition, and a Phase II if it flags concerns. Brownfield sites can qualify for HB 15 priority investment areas for on-site generation.
You'll need: an ASTM-based Phase I in the diligence file
Zoning and moratoria
More than 100 Ohio cities, villages and townships have paused or banned data centers, and a township can adopt a moratorium quickly while it rewrites its code.
You'll need: written confirmation from the city, village or township that no moratorium or pending zoning change affects the parcel
Power and water capacity
In AEP Ohio territory you’ll sign a long-term contract that bills at least 85% of contracted demand, and almost every Ohio data center buys water from a public system rather than pumping its own.
You'll need: a utility capacity letter, the applicable tariff terms and a will-serve letter from the water and sewer provider
Permitting & construction
Ohio has no data center permit of its own. You go through the same Ohio EPA, building and fire reviews as any large industrial project, and the big air permits now draw public hearings.
Special inspections
The Ohio Building Code requires owner-retained special inspections of structural concrete, steel, welding and fireproofing, reported to a building department certified by the Board of Building Standards.
You'll need: an approved special inspection agency, a statement of special inspections and daily reports the building official will accept
Welds and structural connections
Structural steel, pipe supports and generator skids need weld inspection and nondestructive testing before they’re covered up.
Construction stormwater
Disturbing an acre or more needs coverage under Ohio EPA’s construction stormwater general permit and a working SWPPP filed before you break ground.
You'll need: a SWPPP, a Notice of Intent and documented inspections throughout the build
Generators and fuel
Backup generator fleets need an Ohio EPA air permit-to-install, and large campuses have drawn public meetings and comment periods. Underground fuel tanks also need State Fire Marshal (BUSTR) permits and certified installers.
You'll need: generator specifications, run-hour limits and tank documentation ready to file
Commissioning before energization
Under AEP Ohio’s data center tariff, minimum demand charges follow your contract’s ramp schedule whether or not you’re running, so a late energization costs real money.
You'll need: commissioning records and integrated systems test results showing the systems perform as designed
Operations
Once you’re live, compliance becomes a matter of records: who tested what, when, and against which standard.
Electrical maintenance
NFPA 70B is now an enforceable standard with required maintenance intervals and condition assessments for electrical equipment. Insurers and AHJs increasingly ask for the records.
Backup power and air limits
NFPA 110 calls for regular generator exercise and load testing, and your Ohio EPA air permit caps how many hours those generators can run.
You'll need: run-hour logs and test records that match your permit limits
Cooling and mechanical reliability
Pumps, chillers and CRAH fans fail gradually, and the warning signs show up in vibration data first.
Monitoring you can trust
Environmental and power sensors drive alarms, PUE and the water-use figures that Ohio lawmakers and your water provider are now asking for. Uncalibrated sensors produce numbers you can’t defend.
Decommissioning
The fastest way to lose value at end of life is a site with undocumented contamination or orphaned tanks.
Tank closure
Removing or closing an underground fuel tank requires a closure assessment under BUSTR rules, with a written report to the State Fire Marshal within 90 days of sampling.
You'll need: inspection and sampling before the tanks come out
Batteries and hazardous materials
UPS and battery energy storage systems need proper removal, handling and recycling records, as do any EPCRA-reportable chemicals on site.
Exit assessment
A post-operations environmental assessment protects the seller and the next owner. If cleanup is needed, Ohio EPA’s Voluntary Action Program can end in a covenant not to sue.
Key local jurisdictions
Where Ohio rules get local
Zoning, noise, water and moratoria vary county by county. Confirm the current ordinance before you file.
New Albany / Licking County
Purpose-built business parks with data center zoning; AEP Ohio tariff applies.
Franklin County suburbs
City zoning plus Ohio EPA public meetings on large generator permits.
Delaware County
CRA abatements and fast growth; nearby townships testing moratoria.
Pickaway, Union & exurban townships
Township zoning; 12-month moratoria common while codes are rewritten.
Lorain County (Grafton)
Village ordinances can bar data centers outright; 5-year moratorium in Grafton.
Allen & Wood counties
Large generator and cooling tower permits; Lima adopted an 18-month data center moratorium in Sept. 2026.
How ATS + SGS help
One testing, inspection and certification partner for the whole build
Construction & code compliance
Materials testing, special inspections and nondestructive testing so your Ohio build passes inspection the first time.
Electrical, fire & commissioning
Electrical and fire protection testing, generator and UPS verification, and commissioning support before go-live.
Environmental & due diligence
Environmental compliance support, technical due diligence for investors and insurers, and ESG assurance.
FAQ
Ohio data center compliance questions
An Ohio data center typically needs an Ohio EPA permit-to-install (and later permit-to-install-and-operate) for its backup generators and cooling towers, NPDES stormwater coverage, local zoning approval from the city, village or township, building permits from a Board of Building Standards-certified department, and State Fire Marshal approval for fuel storage. On-site generation can also require Ohio Power Siting Board review.
At the state level, Ohio data centers deal mainly with Ohio EPA (air, surface water, drinking & ground waters); Public Utilities Commission of Ohio (PUCO); Ohio Power Siting Board (OPSB); Ohio Dept. of Natural Resources (ODNR); Tax Credit Authority / Dept. of Development; Board of Building Standards / State Fire Marshal. Local approvals come from Cities, villages, townships and counties, and interconnection and service terms come from AEP Ohio, FirstEnergy utilities, Duke Energy Ohio, AES Ohio, Co-ops and water/sewer authorities.
Governor DeWine paused new data center sales tax exemption requests on May 27, 2026; a Joint Data Center Committee began studying the industry; Sub. HB 646, which would cut new exemptions to 50% and add water and tariff requirements, was recommitted to the Senate Energy Committee; and Ohio EPA dropped its proposed general wastewater permit for data centers in July. AEP Ohio’s data center tariff, approved in 2025, remains in effect while an Ohio Supreme Court appeal is pending, and PUCO has asked FirstEnergy to file a similar tariff.
Ohio has no statewide moratorium. A proposed constitutional amendment to ban data centers over 25 MW missed the 2026 ballot and its backers are now aiming for 2027. Locally, more than 100 cities, villages and townships have adopted moratoria, including 12-month pauses in Pickaway County townships, an 18-month moratorium in Lima and a 5-year moratorium in the village of Grafton.
AEP Ohio's PUCO-approved data center tariff (effective July 9, 2025) applies to new loads of 25 MW or more. Customers must pay for at least 85% of their contracted demand for up to 12 years, whether or not they use it. An Ohio Supreme Court appeal is pending.
Every U.S. data center must meet EPA Clean Air Act rules for stationary engines (NSPS Subparts IIII and JJJJ, NESHAP Subpart ZZZZ), Clean Water Act stormwater and wetlands requirements (including U.S. Army Corps Section 404 permits), SPCC plans for diesel storage over the federal threshold, EPCRA Tier II chemical reporting, OSHA construction and electrical safety standards, and FAA notice for tall structures and cranes. FERC and NERC rules shape large-load grid interconnection.
This page summarizes Ohio data center requirements as of October 12, 2026 for general information. It is not legal advice. Confirm current requirements with the relevant agency or counsel before filing.
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Other states
Data center compliance guides by state
Ohio
No statewide moratorium, but new sales tax exemptions are paused, AEP Ohio’s tariff requires 85% minimum demand, Ohio EPA permits discharges case by case, and 100+ local moratoria are in place.