The NAACP filed an intent to sue Elon Musk’s artificial intelligence company xAI on Tuesday over concerns about air pollution generated by a supercomputer located near predominantly Black communities.

The xAI data center began operating gas turbines last year, emitting air pollution, without first applying for a permit under an exemption that allowed them to do so for 364 days.

The permit application now being considered by the Shelby County Health Department calls for the use of 15 turbines, though the Southern Environmental Law Center says there are as many as 35 turbines located at the sprawling facility.