Report Questions Texas Compliance with Abbott's Data Center Permit Pause

A new review by FracTracker Alliance and Public Citizens found that the Texas Commission on Environmental Quality continued processing permits and authorizations tied to data center development after Governor Greg Abbott (R) ordered a pause on September 21.

The groups identified 35 permitting actions recorded between September 21 and October 16, including 14 applications for gas and generators that advanced through review, 11 construction stormwater approvals, seven air emission-limit certifications, and three public notices for major-source air permit applications.

Abbott's directive instructed TCEQ to halt data center permits while the Electric Reliability Council of Texas (ERCOT), the Public Utility Commission of Texas, and the Texas Water Development Board assess the industry's effects on electricity reliability and water resources. The governor also directed TCEQ to provide a compliance update by October 19.

On October 14, TCEQ told FracTracker that it has paused air and water permits and authorizations for infrastructure directly supporting data centers. The agency also said applications could be submitted but would not advance through review, according to the watchdog group's report.

However, the groups said permit records showed activity continuing after the directive. Among the examples were stormwater approvals for Caldwell Valley Technology Park in Caldwell County, Crusoe's Abilene campus, and EdgeConneX's Cedar Creek campus. The review also found that an application for generators serving Edged Dallas advanced from filing on October 6 to initial review completion by October 9.

FracTracker argued that the continued activity conflicts with the directive's intent and could leave residents unaware that public-comment periods remain open. The groups called for TCEQ to explain the discrepancies, make its compliance update public, and extend or reopen affected comment periods.

The findings do not establish that every action identified resulted in a final permit being issued. Some involved public notices or applications moving through review, rather than final approvals. TCEQ's stated position was that permit issuance and review had been paused for covered infrastructure.