As part of SB 1397 from the 88th Regular Session (TCEQ’s Sunset Bill), changes to TCEQ’s public participation rules including an extension of time for filing hearing requests and making public comments for certain air permits was required. Amendments to TCEQ’s rules at 30 Texas Administrative Code (TAC) Chapters 39 and 55 are needed to implement these statutory changes.
Rule amendments include, but are not limited to: extending the comment period and opportunity to request a contested case hearing for at least 36 hours following a public meeting for air quality permit applications with consolidated Notice of Receipt of Application and Intent to Obtain Permit (NORI) and Notice of Application and Preliminary Decision (NAPD) as described by §39.603(c) and (d) for applications received on or after March 1, 2026; changing notice requirements to specify that applications for air quality permits, waste permits, and wastewater and water quality permits subject to the requirements of Chapter 39 will be posted electronically by the agency; and updating other notice requirements as necessary for implementation of new requirements.
The commission held a public hearing on September 8, 2025. The comment period closed on September 9, 2025. Multiple comments were received and they expressed mixed support for the rulemaking, requested further changes, and included comments that the commission should limit the rulemaking to statutorily required changes.
In response to comments, changes were made to the adopted rule language as changes from proposal. In Chapter 55, the definition of personal justiciable interest was not adopted, in response to several comments requesting that the commission decline to adopt that definition. In Chapter 39, changes were made to §§39.405, 39.411, 39.412, and new 39.606. Language relating to who may request a contested case hearing on a concrete batch plant standard permit was amended to more closely mirror the statutory requirement. The requirement to keep signs in place was amended to require the signs to remain in place continuously through the end of the final comment period. The proposed requirement to increase the size of signs for air quality applications was not adopted. The requirement to place hard copies of materials in a local public place was amended to clarify when administratively complete versus technically complete applications are required to be in place, and to clarify that for applications with no requirement for a NAPD the materials are only required to remain available for the comment period. The proposed change to explicitly require a 30-day comment period for air quality no-increase renewals that are in the lowest compliance history rating was not adopted. Finally, new §39.606 was amended to clarify requirements for when the agency holds a public meeting and to add an applicability section to be clear what types of applications would be subject to its requirements. Additionally, proposed new §39.422 that would have required the agency to provide notice of extensions of comment periods is not being adopted. The proposed requirement for staff emails in notices was also not adopted.
The full executive summary can be found here.
