Texas' environmental regulator kept processing permits tied to data centers in the weeks after Gov. Greg Abbott told it to stop, according to a review of agency records released Monday by two watchdog groups.
FracTracker Alliance, working with Public Citizen, counted 35 actions by the Texas Commission on Environmental Quality on data center projects after Abbott's Sept. 21 letter directing the agency "to halt all permits sought by data centers." The groups checked records through Oct. 16.
What the records show
According to the FracTracker report:
- 14 applications for gas plants and generators that serve data centers or support their construction moved forward in review, with some assigned to an engineer or put on an expedited track.
- 11 construction stormwater approvals were recorded, including for large campuses in Caldwell County, Abilene and Cedar Creek. That coverage is a required step before clearing, grading and digging can start.
- Seven air emission-limit certifications were logged as issued, one for a San Antonio data center on Oct. 16.
- Three preliminary-decision notices for major air permits were mailed on Sept. 22, the day after the governor's letter, for projects in Shackelford County, Hubbard and Hill County. Publication of two of them opened 30-day comment periods.
One North Texas example in the report is a generator registration for Edged Energy in Dallas. It was filed and expedited Oct. 6, assigned to an engineer the next day and through initial review by Oct. 9.
What the agency said
In an Oct. 14 response to FracTracker, TCEQ said it had paused "the issuance of all air and water permits and authorizations related to the construction or development of infrastructure directly supporting data centers" while the state's grid operator, ERCOT, completes its audit.
Asked whether applications could still move through review, the agency said companies could submit them, "but their applications will not advance through the review process."
FracTracker said the records show otherwise. Inside Climate News, which reported on the findings Monday, said Abbott's office and TCEQ did not immediately respond to its request for comment.
