TCEQ shuts online permit system after data center pause violation

Who's involved

• Sam Law · researcher and manager of communications at FracTracker^[1]
• Victoria Cann · TCEQ spokesperson^[1]
• Kathryn Guerra · director of Public Citizen's TCEQ Watchdog Campaign^[1]
• Andrew Mahaleris · Gov. Greg Abbott's press secretary^[1]

The facts

1. The TCEQ shut down its online permit application system on Oct. 22, 2026, after watchdog groups accused the agency of approving permits for data centers in violation of Gov. Abbott's directive to halt approvals until an audit is completed. [1]^[1]
2. Public Citizen and FracTracker identified construction stormwater permits related to data centers that the TCEQ had approved. [1]^[1]
3. After the watchdog groups publicized their findings, the TCEQ suspended at least 17 stormwater and wastewater permits for data center projects. [1]^[1]
4. The stormwater permits are known as notices of intent and are approved through 'automated authorizations' prior to construction. [1]^[1]
5. Stormwater permits are required for construction of data centers if the building process will disturb at least one acre of land and cause erosion. [1]^[1]
6. The TCEQ said that to ensure all applications are thoroughly reviewed by agency staff to determine if they are related to data centers, applications must now be physically provided to TCEQ rather than submitted online. [1]^[1]

Who said what

• Sam Law, FracTracker TCEQ retroactively suspending construction stormwater approvals means that any clearing, grading and excavation at these sites must stop immediately, and the confusion surrounding these approvals proves the need for a moratorium because TCEQ is proving itself incapable of meeting complex regulatory challenges posed by data centers without further study.^[1]
• Andrew Mahaleris, Gov. Abbott's press secretary In line with the Governor's directive, TCEQ has not taken and will not take any proactive actions related to the approval of data center permits, and no other state agency will approve data center-related permits until the Public Utility Commission, ERCOT, and the Water Development Board have the information they need to make informed decisions.^[1]
• Kathryn Guerra, Public Citizen The TCEQ failed to follow the governor's directive and is trying to gaslight Texans about it, and once the permit record says approved, the TCEQ has granted the permit and with it, legal authority for that data center to begin construction.^[1]