The Commission met to hear hearing requests, enforcement orders, rulemaking proposals, and public testimony.  A video archive of the meeting is available here.

This report is intended to give you an overview and highlight 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.


Hearing Requests/ Requests for Reconsideration

Item 1: Consideration of the application by City of Houston, for a major amendment to Texas Pollutant Discharge Elimination System Permit No. WQ0010495030 to authorize the removal of the

existing Sublethal Whole Effluent Toxicity (WET) limits and monitoring requirements from the

permit pursuant to the Environmental Protection Agency’s WET policies, the Clean Water Act,

and the Code of Federal Regulations. The current permit authorizes the discharge of treated

domestic wastewater at an annual average flow not to exceed 26,400,000 gallons per day. The

facility is located at 12901 Hermitage Lane, in the City of Houston, Harris County, Texas 77079.

  • Lindley – I move that we grant the hearing request of Will Hickman and refer to SOAH


Motion Carries


Item 2: Consideration of the application by Epitome Development LLC, for a new Texas Pollutant

Discharge Elimination System Permit No. WQ0016226001, to authorize the discharge of treated

domestic wastewater at a daily average flow not to exceed 300,000 gallons per day.

  • Niermann- Talked about who has standing to request a hearing to contest the application from Epitome
  • Niermann- Patricia Daffin meets requirements for a hearing
  • Niermann- Prairie Crossing Wastewater. I would lean on the side of granting that request
  • Niermann- The remaining requests would bootstrap their concerns to Prairie Crossing, but I would deny those two for lack of standing
  • Lindley- I am comfortable referring Prairie Crossing Wastewater as a party
  • Lindley- Move to grant requests by Daffin and Prairie Crossing Wastewater and deny the other two requests


Motion to grant hearing request for Daffin and Prairie Crossing Wastewater Carries


Air Quality Enforcement Agreed Orders

Items 3-17

Enforcement Division Staff

  • Requests approval of all items


Horus Garcia, SAVS Management Corporation

  • Speaking on item 12
  • We keep getting heavy fines and no one explains to what we need to do
  • Niermann- I believe that this is the case that your management has entered into an agreed order
  • Niermann- I believe that this agreement requires the facility to come into compliance with the order. You just want clarification on what you need to do?
    • Yes, we have already paid the fine
  • Niermann- We have a small business and local government assistance program which can get you the information you need
  • We just don’t think we can do business being told we need to pay money and not told what we need to do


Garrett Arthur, Office of Public Interest Counsel

  • Requests approval
  • Lindley- I move to adopt Items 3-17


Motion to adopt items 3-17 carries


Item 18: Consideration for the adoption of the rules review and readoption of 30 TAC Chapter 80,

Contested Case Hearings. This review is in accordance with Texas Government Code, Section

2001.039, which requires state agencies to review and consider for readoption each of their

rules every four years. The proposal was published in the March 24, 2023, issue of the Texas

Register (48 TexReg 1643).

Executive Director Staff

  • Rules designed to implement SB 900
  • Requests changes to the rulemaking for Chapter 338
  • Lindley- If we need to work on tweaking the fees so we have the money to fund the program, we need to do that. Also, lets make sure that this is digestible to the public
  • The ASV storage program is a good solution to implement the laws implemented by the legislature
  • Janecka- moves to adopt rules


Motion to adopt rules carries


Items 19-22: Rules Review for 30 TAC Chapter 80 Contested Case Hearings, 30 TAC Chapter 122 Federal Operating Permits Program, 30 TAC Chapter 218 Brine Evaporation Pits, and 30 TAC Chapter 305 Consolidated Permits

Executive Director Staff

  • We conducted a review to see if there is a need for these rules to exist
  • The reason for these rules continues to exist
  • Request approval for the readoption of the rule reviews
  • OPIC Counsel- We agree for the conclusions of staff
  • Lindley- moves to adopt


Motion to readopt items 19-22 carries


Item 23: Public Comment

JoJo Heselmeyer, Deputy Executive Director for Texas State Inspection Association

  • Concerns with emissions inspections program
  • Gap between when safety inspections end and when emissions inspections must begin
  • If emissions testing doesn’t start in Bexar until 2026, inspectors would have to look for other employment
  • TSIA recommends an earlier start date to the program
  • TSIA recommends that the fees should be increased for the program
  • All emissions testing should be set at 25 dollars


Meeting Adjourned