Texas Commission on Environmental Quality

The agenda for the commission meeting included multiple Proposals for Decision regarding applications for new Texas Pollutant Discharge Elimination System Permits. Specifically, discussions covered permits for Rainbow's End Park, Inc. and Cullen RV Resort, LLC. The agenda also addressed requests for hearing and reconsideration concerning Air Quality Permits for Fermi Equipment Holdco, LLC and Flores Concrete LBK LLC, and a renewal for Heidelberg Materials Southwest LLC. Furthermore, the commission considered an application for a major amendment to a TPDES Permit for Gulf Coast Growth Ventures LLC. Several items involved the adoption of Agreed Orders for administrative penalties related to air quality violations, industrial wastewater discharge violations, used oil and water quality violations, municipal solid waste violations, water rights violations, and public drinking water violations. The agenda concluded with discussions on the Monthly Enforcement Report and the adoption of amendments to administrative code sections regarding Air Pollution Control and Underground Injection Control, necessitated by recent legislative bills.

The meeting covered program updates and regulatory updates for the first stakeholder group meeting of 2026. Key administrative topics included a request for pre-application meetings for program modifications, updates on paper reduction and digitization efforts (reducing required hard copies), and clarification that Technical Input Parameters (TIPs) reports are valid for the duration of the permit (5 years). Regulatory updates discussed the extension of e-reporting deadlines until 2028 due to pending EPA revisions to the NetDMR tool. Other regulatory discussions covered the withdrawal of proposed categorical standards for meat and poultry facilities, and recent changes to the 40 CFR Part 423 steam electric category, which extended compliance deadlines for coal-fired power plants. The attendees also discussed the status of unpublished Industrial Pretreatment Programs (IPPs) data affecting technical reports.

The primary focus of the meeting was the consideration of Old Business Item 1: the petition filed by Sunny Jane Elizabeth Erenss and Thomas Edward O. Kelly for the creation of Kelly Farms Municipal Utility District (MUD) in Johnson County, which had been continued from a previous agenda to allow for oral arguments. Discussions involved hearing requests from concerned parties regarding this development, including County Commissioner Woolly, who raised serious concerns about limited water availability, strain on first responders, and impacts on local infrastructure like County Road 203 and Kelly Road 106. Concerns were also conveyed from the Green View Independent School District regarding potential doubling of enrollment. A significant discussion centered on environmental issues, specifically potential PFAS contamination from past land application of biosolids near the proposed development, and the risk of runoff impacting Chambers Creek and the Chambers Reservoir, a drinking water source. Legal representatives from the petitioners and the Executive Director (ED) and Office of Public Interest Counsel (OPIC) presented their positions on whether the hearing requesters qualified as 'affected persons' entitled to a contested case hearing. The ED argued that most concerns were outside the scope of MUD creation review or more appropriate for wastewater permit applications. OPIC recommended granting the hearing request for Lan Langley due to her proximity and specific concerns regarding water quality and runoff, while recommending denial for Commissioner Woolly's request on behalf of the county as it lacked the necessary statutory basis.

The key discussion topics included an update from the waste permits division regarding ongoing rulemaking efforts, progress on implementing targeted changes rather than overhauls, and specifics related to HB 3229, which mandates annual reporting, cost estimates, and financial assurance for facilities recycling renewable energy components like solar panels and wind turbine blades. There was also a discussion about a new internal process implemented for public meetings, moving the Q&A session to a one-on-one format before the meeting to improve the atmosphere and allow for more individualized responses. Additionally, the council received an update on the MSW permit section staffing, noting one vacancy for an engineer and the internal filling of a work leader position, leading to a new vacancy for an environmental permit specialist. Updates were provided on 20 active permit applications and six registrations, noting an increased use of pre-submission meetings to resolve technical issues. Finally, it was announced that the regulatory guidance (RG658) for exiting postclosure care, particularly for Type 1 landfills, is officially published, outlining required steps, facility condition assessments (landfill gas, groundwater, cover), and the recommended 10 years of data for permit revocation.

The Commissioners' Agenda Meeting primarily focused on Item Number Two: the consideration of the Administrative Law Judge's (ALJ) proposal for decision regarding the application by Colon RV Resort LLC for a new wastewater permit. Presentations were made by a representative from Brazoria County, the applicant's representative (Mr. Faulk), the Executive Director's (ED) staff, and the Office of Public Interest Council (OPIC). The key discussion point involved the proposed discharge route, which the County argued would cause drainage issues and stagnant water by flowing into county-owned stormwater facilities (Joe Road and Bailey Road). The applicant and the ED staff maintained that the application met all technical and regulatory requirements, including water quality protection and regionalization policies, arguing that the administrative record supported approval based on the applicant meeting its burden of proof. OPIC supported the ALJ's proposal for decision recommending the permit be granted without changes.