TCEQ approves permits, amends MSGP, increases ED enforcement threshold and advances rulemaking; enforcement docket moves forward

The Texas Commission on Environmental Quality took a slate of administrative and rulemaking actions on May 1, 2025, approving several permits, adopting a stormwater general‑permit amendment, increasing delegated enforcement authority for the executive director, revoking certain agreed orders for retired or converted power plants, and moving multiple enforcement items through the docket.

Votes at a glance

- Carlin LLC — TPDES permit WQ0016449001: hearing requests denied; permit issued as recommended by the Executive Director. Motion adopted unanimously.

- Williamson County MUD petition (OPIII ATX Georgetown 220 LP): continued to the May 22, 2025 agenda to allow county representatives to answer additional questions and for further staff participation. Motion adopted unanimously.

- MSGP (Texas Pollutant Discharge Elimination System General Permit TXR050000) — amendment without renewal to incorporate recent legislation and delegated oil & gas stormwater authority: adopted. Motion adopted unanimously.

- Delegation resolution — expand the Executive Director’s authority to sign certain field citations and agreed orders (increase the single‑order administrative penalty threshold): commission approved the resolution; the ED had requested increasing the threshold from the current $7,500 to $12,500 (as described in staff presentation); the resolution was adopted unanimously.

- Enforcement docket (Items 6–19): the commission remanded items 6 and 9 for additional case development and adopted items 7–8 and 10–19 as presented by the Executive Director. Total assessed administrative penalties in the adopted orders: $163,495 (with $13,837 deferred; $20,550 applied to supplemental environmental projects; $129,108 assessed to general revenue). Motion adopted unanimously.

- Section 185 fee program rulemaking (new 30 TAC Chapter 101, Subchapter K): the commission approved publication of and a hearing on a proposed rule to establish a state Section 185 fee program (failure‑to‑attain fee) for the 2008 8‑hour ozone standard to be implemented if Dallas‑Fort Worth and Houston‑Galveston‑Brazoria fail to attain the standard by the applicable deadline; motion adopted unanimously to publish and hold a hearing.

- Revocation of voluntary agreed orders (Items 21–24): the commission revoked four voluntary agreed orders tied to coal plant units that have permanently shut down or converted from coal to natural gas (Southwestern Electric Power Company — H. W. Perkey Power Plant; Southwestern Public Service Company — Harrington Station; Public Service Company of Oklahoma — Oakland Union Power Station; Texas Municipal Power Agency — Gibbons Creek Steam Electric Station) and directed staff to notify the U.S. EPA regional administrator. Motion adopted unanimously.

Summaries of key items

Carlin LLC permit (Item 2): The commission considered an application for a new TPDES permit authorizing discharge of treated domestic wastewater of up to 250 gallons per day. Hearing requesters argued about flooding and facility location, but the chair determined the requesters did not demonstrate a personal justiciable interest within TCEQ’s jurisdiction on those topics. The commission denied the hearing requests and issued the permit as recommended by the Executive Director.

MSGP amendment (Item 4): Staff explained the amendment without renewal to Texas Pollutant Discharge Elimination System General Permit TXR050000 (the multi‑sector general permit) implements House Bill 2771 (transferring certain oil and gas stormwater permitting authority to the state) and House Bill 1688 (prohibiting certain quarries in scenic riverways from using the MSGP), aligns the permit with EPA’s 2021 MSGP where appropriate, and makes clarifying edits. EPA reviewed the draft and did not require changes; no public comments were received during the publication period. The commission adopted the amendment and authorized non‑substantive edits for Texas Register compliance.

Delegation resolution (Item 5): The Enforcement Division asked the commission to increase the executive director’s delegation threshold for field citations and administrative enforcement orders to align with changes in penalty policy since 2011. Staff framed the request as a workload and efficiency measure; OPIC supported the resolution. Commissioners approved the resolution. The Executive Director had framed the need in part by noting that the statutory maximum penalty and penalty‑policy changes have increased the overall penalty environment since 2011.

Enforcement docket (Items 6–19): Enforcement staff presented 14 matters for commission action. The commission remanded items 6 and 9 to the Executive Director for further development (item 6 because the respondent no longer owned the facility; item 9 for further review) and approved the remaining enforcement orders. Staff reported totals for assessed penalties and the allocation of funds to deferred amounts, supplemental environmental projects and general revenue, as noted above.

Section 185 fee program (Item 20): Staff sought permission to publish and hold a hearing on proposed new rules to implement a Section 185 failure‑to‑attain fee for the 2008 8‑hour ozone NAAQS, as required by the federal Clean Air Act sections 182(d)(3) and 185. The proposed rules would establish program elements including applicability, baseline‑determination options, fee calculations, exemptions, compliance schedules, and collection and payment provisions. Public Citizen provided oral comment at the agenda item urging the commission to adopt a traditional major‑source fee approach rather than an alternative structure; OPIC said it supported publication. The commission voted to publish and hold a hearing to gather written and oral public comment.

Revocations of agreed orders (Items 21–24): Staff explained that changes in operations (permanent shutdown or conversion from coal to natural gas) rendered four previously adopted voluntary agreed orders unnecessary to retain in the SIP; OPIC supported revocation. The commission revoked those orders and directed staff to notify EPA’s regional administrator.

Public comment (Item 25): A public speaker, Errol Summerlin of the Coastal Alliance to Protect Our Environment, urged commissioners to visit and listen to communities living near large industrial facilities, describing ongoing noise, flaring and odor impacts in coastal refinery communities. Commissioners acknowledged the comment and offered to meet with local residents; public comment does not change pending contested permits subject to ex parte rules.

Administrative notes: The commission recessed for a closed session (items 26–29 were posted for closed session) and later announced the meeting’s adjournment. No closed‑session action was reported on the public minutes of the meeting.