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Environmental groups threaten lawsuit over West Side San Antonio data centers

Vantage data center at 5207 Rogers Rd. in San Antonio.
Photo by Brendan Gibbons EIP
Vantage data center at 5207 Rogers Rd. in San Antonio.

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Environmental groups are threatening to sue the developers of two far West Side San Antonio data centers, alleging the projects avoided pollution controls and public review required by the Clean Air Act.

The Vantage Data Centers campuses at 14270 Omicron Drive and 5207 Rogers Road include on-site, or “behind-the-meter,” natural-gas plants and more than 150 diesel backup generators. One campus is operating, while the other remains under construction, Public Citizen Texas Director Adrian Shelley said Tuesday on Texas Public Radio’s The Source.

The Environmental Integrity Project, Sierra Club and Public Citizen contend Vantage and power provider VoltaGrid improperly divided the data centers and generating equipment into smaller pollution sources to qualify for less-stringent state permits.

“If Vantage and its power plants, which are owned by VoltaGrid, were permitted all at once, then you’d have a major permit,” Shelley said. That process would include public notice, pollution controls and opportunities for residents to comment, he added.

Environmental Integrity Project Executive Director Jen Duggan said the plants could emit particulate matter, nitrogen oxides, carbon monoxide and formaldehyde. Bexar County already violates the federal health standard for ozone.

“Data center developers should comply with the law just like any other industry,” Duggan said.

The groups filed a notice of intent to sue July 22. That notice begins a required 60-day waiting period before a Clean Air Act citizen lawsuit can be filed. Duggan said the companies have been invited to respond but had not done so as of Tuesday.

Vantage and VoltaGrid did not respond to TPR’s invitation to participate in Tuesday’s program. But they sent this statement late Tuesday:

"Vantage Data Centers is aware of the notice issued by Sierra Club and Public Citizen regarding our San Antonio campuses. We take our environmental responsibilities seriously and are committed to operating in compliance with all applicable laws and regulations. While we do not comment on pending legal matters, we have worked closely with the appropriate regulatory agencies throughout the development of these projects and will review the allegations set forth in the notice. Vantage remains committed to supporting the growth of critical digital infrastructure while being a responsible neighbor and steward of the communities where we operate."

Residents can comment on Vantage’s proposed federal operating permit for the Omicron Drive campus at a TCEQ hearing at 7 p.m. Aug. 17 in San Antonio.

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David Martin Davies can be reached at dmdavies@tpr.org and on Twitter at @DavidMartinDavi