The Texas Commission on Environmental Quality met on August 10, 2022, to discuss regular agenda items, including several hearing requests brought to the Commission by various parties. The Commission also considered several rule changes and met in closed Executive Session. A copy of the meeting agenda can be found here. An archived video of the meeting can be found here.

This report is intended to give you an overview and highlight of the discussions on the various topics taken up. It is not a verbatim transcript of the discussions but is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.

Item 1: Consideration of the application by Dalasu 686 LP, for new Texas Pollutant Discharge Elimination System Permit No. WQ0016004001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 720,000 gallons per day. The domestic wastewater treatment facility will be located approximately 2.06 miles southeast of Fostoria Road and Texas Highway 105 E and approximately 1.42 miles northeast of Fostoria Road and Morgan Cemetery Road, in Liberty County, Texas 77328.

  • Niermann – This is a SB 709/HB 801 request on new permitting, one requester with concerns on flooding, complainant did not express how the permit directly affects him, recommends denial of request
  • Lindley – Agrees
  • Motion to deny hearing request, and approve application as recommended by the Executive Director; passes

Item 2: Consideration and hearing on a petition from LIT Interchange 249 Business Park LLC, for creation of Tomball Business Improvement District No.1 (“District”) of Harris County, pursuant to Chapter 375, Texas Local Government Code. The proposed District is comprised of approximately 240.075 acres of land wholly within the corporate limits of the City of Tomball, Harris County, Texas.

  • Attorney for LIT Interchange makes case for petition, provides overview of site plan, which includes 10 buildings of industrial and retail space, purpose of the district is to aid infrastructure on site
  • No questions from Commissioners, no public testimony
  • Executive Director recommends granting the petition to create District, OPIC agrees
  • Niermann – Agrees with Executive Director
  • Motion to approve petition to create the Tomball Business Improvement District No.1 and allow Executive Director to appoint directors; passes

Item 3: Consideration and hearing on a petition from RDC Partners, LP, for creation of Riceland Management District (“District”) of Chambers County, pursuant to Chapter 375, Texas Local Government Code. The proposed District is comprised of approximately 1399.758 acres of land wholly within the corporate limits of the City of Mont Belvieu, Chambers County, Texas.

  • Attorney for RDC Partners provides overview of project, project would be a new town center, including a new city hall, management district would allow financing of parks and city services
  • Lindley – For the initial directors, are the 5 original property owners in the District?
    • Yes
  • Executive Director recommends granting the petition to create District, OPIC agrees
  • Niermann – Agrees with Executive Director
  • Motion to approve petition to create the Riceland Management District and allow Executive Director to appoint directors; passes

Item 4: Consideration of the adoption of an amendment with renewal of the Texas Pollutant Discharge Elimination System General Permit TXG340000 authorizing discharges of facility wastewater, contact stormwater, and stormwater associated with industrial activities into or adjacent to water in the state from petroleum bulk stations and terminals.

  • Executive Director staff recommends adoption of amendment to renew permit
  • No public comments were received
  • OPIC agrees with Executive Director staff
  • Niermann – Amendments are minor changes, ready to move forward
  • Motion to adopt the amendment for renewal Texas Pollutant Discharge Elimination System General Permit; passes

Item 5: Consideration of the resolution filed with the Texas Commission on Environmental Quality (agency) on February 7, 2022, by the Municipal Solid Waste Management and Resource Recovery Advisory Council (advisory council). The advisory council expresses its support of the agency taking a leadership role in examining and implementing the recommendations of the Recycling Market Development Plan that help move the State of Texas forward in increasing diversion in a cost-effective manner.

  • President of Advisory Council presents resolution, resolution would further expand opportunities with job creation with waste recycling activities
  • Niermann – One of the biggest challenges to recycling is contamination, what is South Carolina doing in response to that?
    • Can’t tell you specifically, work with local governments and companies and looking at contamination issues, cities are good with alerting but there are inconsistencies in messaging, there needs to be consistency
  • Executive Director staff determined that there are elements of the Recycling Market Development Plan that are out of statutory authority, recommends continuing current recycling strategies and plan
  • Rachel Herring, Director of Keep Texas Beautiful – Voices support for resolution filed, need to be doing more for recycling in Texas
  • Steve Shannon, VP of Texas Alliance for Recycling – Advocates for the creation of a statewide Recycling Development Board to oversee industry, creation of a statewide recycling center at a university, and proper funding
  • OPIC agrees with Executive Director’s recommendation
  • All three commissioners voice support for initiative
  • No action taken on item

Item 6: Consideration and approval of the Agency’s FY 2023 Operating Budget and the FY 2024-2025 Legislative Appropriations Request.

  • FY 2023 total budget is $483M, this is a decrease of $17M or 3% of FY 2022 budget
  • FY 2024-2025 LAR is $654M, decrease of $17M from last LAR
  • OPIC has no concerns
  • Motion to approve FY 2023 Operating Budget and the FY 2024-2025 Legislative Appropriations Request as recommended by the Executive Director; passes

Items 7-28: Enforcement Docket

  • Executive Director staff recommends approval of all items on enforcement docket
  • OPIC has no concerns
  • No questions from commissioners
  • Motion to approve Items 7-28 as recommended by the Executive Director; passes

Item 29: Consideration of a petition for rulemaking under Section 20.15 of 30 TAC Chapter 20, Rulemaking. The petition was filed with the Texas Commission on Environmental Quality (Commission) on June 20, 2022, by Brian Wakefield, President of B & J Wakefield Services, Inc. (Petitioner). The Petitioner requested that the Commission initiate rulemaking to amend rules in 30 TAC Chapter 285, On-Site Sewage Facilities (OSSFs).

  • Brian Wakefield is not present to provide comments
  • Executive Director staff recommends denial of the petition, PEX pipe is not as protective of the environment and public health as PVC pipe
  • Janecka – Regarding other rulemaking being done, has this issue come up in any of those discussions?
    • It has not
  • Janecka – Useful issue to have documented and useful response from Executive Director office
  • OPIC agrees with Executive Director’s staff
  • Motion to deny the petition for rulemaking, due to PEX pipe not being proven to be as protective as PVC pipe; passes

Item 30: Public Comment

  • No public comment

Item 31-34: Executive Session

  • No action was taken and the Commission adjourned in Executive Session