TCEQ approves draft discharge permit for Corpus Christi Inner Harbor desalination despite hearing requests

The Texas Commission on Environmental Quality on March 13 voted to issue a draft Texas Pollutant Discharge Elimination System permit for the City of Corpus Christi's Inner Harbor seawater desalination project, adopting the Executive Director's recommendation and denying multiple requests for a contested hearing.

The commission denied hearing requests from groups including the Hillcrest Residents Association and the Texas Campaign for the Environment and adopted the Executive Director's response to comments before voting to issue the draft permit. Commissioners said staff technical reviews and federal review informed their decision.

The permit application, as presented to the commission, would authorize the desalination plant to produce 20 million gallons per day in its initial phase and up to 30 million gallons per day in its final phase. The draft permit would authorize the discharge of water treatment waste up to 51.5 million gallons per day at full project build-out. The Executive Director incorporated EPA comments into the draft, adding salinity monitoring requirements, a narrative salinity criterion, and a requirement that the city submit analytical testing results within 90 days of initial discharge so TCEQ can determine whether to reopen the permit for additional effluent limits or monitoring.

Supporters including Railroad Commissioner Wright and State Representative Denise Villalobos addressed the commission during the meeting, urging approval. Wright said Corpus Christi needs additional, reliable water sources, and Villalobos described the region as an economic driver facing drought threats and requested the commission adopt the Executive Director's recommendations to expedite the permit. Miguel Rivera read a letter from Senator Juan “Chuy” Hinojosa that urged timely approval, noting the project's regional importance and referencing an EPA letter of no objection issued in 2024.

TCEQ staff and the Executive Director told commissioners that the agency performed technical reviews, including anti-degradation analyses, and preliminarily determined existing water quality uses in the Inner Harbor would be maintained and that no significant degradation was expected. Staff emphasized that, based on submitted analytical results, TCEQ reserves the right to reopen the permit to add limits or monitoring.

Groups and individuals had filed timely hearing requests; the Commission analyzed whether requesters demonstrated they would be affected in a manner different from the general public. Commissioners concluded that the Hillcrest Residents Association and other association-style requests failed to identify an individual member with standing and that individual requests were too attenuated given the distance between the outfall and the claimants’ activities. The commission therefore denied those hearing requests and requests for reconsideration.

The motion to deny the hearing requests, adopt the Executive Director’s response to comments, and issue the draft permit passed by voice vote.

The decision does not constitute a final permit; issuance of a draft permit initiates the next administrative steps in the TCEQ process and contains monitoring and reporting conditions that staff said are enforceable. The Executive Director’s office and EPA review remain part of the administrative record, and parties retain other procedural avenues available under TCEQ rules.