The Texas Commission on Environmental Quality (TCEQ) has temporarily disabled its automated electronic filing system after concerns were raised by watchdog organizations regarding the agency’s compliance with a directive from Governor Greg Abbott. This directive instructed TCEQ to halt the issuance of stormwater permits associated with data center construction.
In response to the watchdog groups’ findings, TCEQ announced the suspension of specific data center permits earlier this week. On Wednesday, the agency reported on its website that its electronic filing system, which is utilized for automatic permit authorizations, would be temporarily taken offline.
TCEQ spokesperson Ryan Vise stated, “To ensure all applications are thoroughly reviewed by agency staff to determine if they are related to data centers, applications must be physically provided to TCEQ.” This decision highlights the agency’s commitment to a more rigorous review process.
The State of Texas Environmental Electronic Reporting System (STEERS), the online platform in question, facilitates a variety of permit applications, including those concerning air and water pollution. The system also allows companies to report operational data and enables certain permits to receive automatic approval initially. However, as of Wednesday, the STEERS portal was inaccessible.
Public Citizen, an advocacy organization opposing data center expansion, along with the FracTracker Alliance, a nonprofit focused on the environmental impacts of industrial development, identified several stormwater permits that they allege were granted by TCEQ for large data center construction projects.
This scrutiny follows Governor Abbott’s directive a month prior, which instructed TCEQ to cease issuing all permits related to data center projects. This moratorium was intended to give state agencies and the electric grid operator time to review the anticipated water and power consumption of these developments.
Sam Law, research and communications manager for FracTracker Alliance, noted the inconsistency in the agency’s messaging and actions, suggesting that true oversight was only initiated following media and watchdog scrutiny. He pointed out that other types of permits appeared to continue advancing despite the stated halt.
Law emphasized the need for a legislative moratorium, stating, “If our own environmental regulator can’t figure out which permits belong to data centers or has to take down their entire system because of them, it’s a real sign that we need a real moratorium backed by legislation.”
Stormwater permits are essential for regulating the impact of water runoff from construction sites, which can carry pollutants. Companies are required to submit a “notice of intent” through the online system, which typically receives automatic approval.
Public Citizen’s TCEQ Watchdog Campaign director, Kathryn Guerra, commented on the situation, saying, “In this case, the agency’s rubber stamp worked so well, even the agency had difficulty stopping it. Texans don’t need another reason to distrust TCEQ, but here it is.”
