TCEQ adopts public‑participation rule changes after one public criticizes package

The Texas Commission on Environmental Quality adopted amendments to 30 TAC Chapters 39 (public notice) and 55 (requests for reconsideration and contested‑case hearings) and corresponding State Implementation Plan revisions on Jan. 28, implementing statutory directives from the Sunset bill (SB1397).

Staff said the rule package extends comment and hearing‑request windows in certain air quality applications that include a public meeting, clarifies notice and public‑meeting procedures, and makes other procedural changes intended to improve transparency and accessibility. Staff also noted substantive changes made in response to public comments (for example, clarifying who may request contested‑case hearings for certain concrete batch plant permits and retention requirements for posted signs), and said the rule team held a hybrid public hearing and offered Spanish interpreters.

Catherine Guerra of Public Citizen urged the commission to do more, arguing the agency rejected community and environmental advocates’ recommendations and instead amended the package in ways she said favored industry. Guerra said the final rule package “acquiesces to industry” and continues an agency approach that she characterized as insufficiently responsive to community voices.

Office of Public Interest Counsel representative Sheldon Wang supported adoption, saying the rules implement Sunset directives and improve public access and clarity, including electronic posting of permit materials, signposting requirements, and extended comment time in certain circumstances. Commissioners thanked staff, noted the package makes incremental improvements, and recognized further work may be needed to strengthen public participation.

The commission approved the adopted rulemaking and authorized non‑substantive edits necessary to satisfy Texas Register requirements. Staff will publish the adopted rule and any required revisions in the Texas Register and open associated comment or hearing procedures as required by statute.

Quote from the hearing record: Catherine Guerra (Public Citizen) said, “This rulemaking was intended to correct a failure identified by the Sunset Advisory Commission... Instead of addressing that failure, this rulemaking reinforces it.”

What happens next

Staff will publish the adopted rules and make any non‑substantive edits for Texas Register requirements. Where the adopted package opens additional public comment periods or hearings, those schedules will be posted and announced per the revised rules.