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.

  1. 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

  2. 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

  3. Date: May 27, 2026

    Sales tax exemption pause

    No new data center exemption requests after June 1, 2026

    Status: In effect

  4. Date: May 2026

    Joint Data Center Committee

    House and Senate committees studying data center impacts

    Status: Ongoing

  5. Date: July 21, 2026

    Data center general NPDES permit

    Ohio EPA dropped the streamlined permit; direct discharges need individual NPDES permits

    Status: Withdrawn

  6. Date: Aug. 14, 2025

    HB 15

    Behind-the-meter self-power, OPSB shot clocks, brownfield siting incentives

    Status: Law

  7. 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

  1. 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.

  2. 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.

  3. 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.

  4. 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

  1. 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

  2. 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

  3. 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.

  4. 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.

    • Code compliance
    • NDT inspection
  • Electrical, fire & commissioning

    Electrical and fire protection testing, generator and UPS verification, and commissioning support before go-live.

    • Fire & electrical
    • Commissioning
  • Environmental & due diligence

    Environmental compliance support, technical due diligence for investors and insurers, and ESG assurance.

    • Technical due diligence
    • 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.

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.

Bring one TIC partner to your next Ohio data center project

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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.