On Wednesday, April 11, 2012 the Commissioners on the Texas Commission on Environmental Quality (TCEQ) adopted rulemaking which would implement House Bill (HB) 2694, Article 10, Contested Case Hearings, 82nd Legislature, 2011, which amends the Texas Water Code (TWC) by adding new §5.315, amending §5.115(b) and §5.228(c) and (d), and by repealing §5.228(e), which revise the contested case hearing (CCH) process.
Some state agencies and environmental groups argued that the rules, if adopted, would limit state agencies’ abilities to voice environmental concerns and provide information to the TCEQ before final decisions are made. Under the rules, state agencies would no longer be allowed to be parties providing evidence in contested case hearings over air quality, water and waste permit applications, unless they are applicants.
TCEQ staff stated during the April 11 hearing that state agencies can still participate during the open comment period of the permitting process. Public comment will be considered and, if the case becomes contested, the comment response will be placed in the administrative record which forms the formal basis for commission action on a permitting action.
However, TCEQ staff also said they will continue to comply with the requirements of section 12.0011 of the Texas Parks and Wildlife Code in accordance with an agreement they already have in place with Texas Parks and Wildlife Department (TPWD).
Ann Bright, General Counsel for the TPWD, was pleased to hear TCEQ will continue with their agreement. Bright did note that reasonable minds can differ in the legislative interpretation and she left comments with the commissioners addressing that interpretation.