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TCEQ approves Valero permit, adopts enforcement orders and OKs rulemaking for concrete‑batch permits
Summary
At its Oct. 8 meeting, the Texas Commission on Environmental Quality denied a hearing request and issued Valero air permit No. 106965, adopted enforcement orders totaling $598,246 in assessed penalties, referred multiple permit matters to contested‑case hearings or ADR, and approved publication of an amendment to 30 TAC §116.605.
The Texas Commission on Environmental Quality on Oct. 8 voted to issue a renewal and amendment for Valero Refining Texas’s air quality permit and to adopt a set of enforcement orders, while referring several other permit matters to contested‑case hearings or alternative dispute resolution.
Chairwoman Papp presented the Valero item and said the hearing request from Ellie McKay did not demonstrate personal impact because the requester lives more than five miles from the facility. Commissioner Katerina moved “that we deny the hearing request of Ellie McKay, issue the renewal and amendment of air quality permit number 106965 as recommended by the executive director and that we adopt the executive director's response to comments.” The motion was seconded and carried on a voice vote, with commissioners saying “aye.”
The commission also took up wastewater and registration permits. For BL374 LLC’s wastewater permit application (proposed final discharge up to an average of 490,000 gallons per day), commissioners found a set of nearby requesters met standing requirements and voted to refer four issues — protectiveness for water quality and existing uses, impacts to requester health and wildlife, nuisance odors, and regionalization under Texas Water Code §§26.0282 and 26.081 — to the State Office of Administrative Hearings for a contested‑case proceeding with a 180‑day hearing duration.
For a registration application from Verdecre Houston LLC for a concrete batch plant in Fort Bend County (standard permit/registration no. 176289), the commission applied the statutory 440‑yard standing rule for standard permits, found several Sullivans to be affected persons, and referred the listed health, air quality and nuisance dust issues to SOAH while recommending concurrent referral to TCEQ’s ADR program and a 180‑day hearing duration.
On a separate Formosa Plastics Corporation Texas matter — amendments to nine air permits at its Point Comfort facility — Commissioner Tanya Miller recused herself because of prior work within TCEQ’s Office of Air. Commissioners disagreed about whether San Antonio Bay Estuary Waterkeeper’s member Diane Wilson had standing. Given that disagreement, the commission voted to continue the matter to the Nov. 5 agenda and to notify parties that the commission will conduct fact‑finding on effectiveness for the record.
The enforcement docket (items 6–18) was presented by Executive Director staff and carried by voice vote. Staff reported total assessed administrative penalties of $598,246, with $60,574 deferred, $123,775 applied toward supplemental environmental projects, and $334,097 directed to general revenue. The Office of Public Interest Counsel told the commission it supports approval of the orders.
On rulemaking, staff presented a proposal to publish and seek comment on amendments to 30 Texas Administrative Code §116.605 (Control of Air Pollution, permits for new construction or modification). The proposed changes would implement directives from Senate Bills 763 and 2351 by adding an eight‑year protectiveness review cycle for standard permits for concrete batch plants, and new provisions (f)(1) and (f)(2) addressing updated construction plans when extensions are requested. The commission voted to approve publication and the taking of public comment; OPIC said it would attend the Nov. 20 public hearing.
What’s next: the Formosa item will return on Nov. 5 for fact‑finding and potential oral argument; the adopted rulemaking will advance to publication and public comment with a hearing scheduled for Nov. 20.
