Executive Director to Propose Rule Update

The TCEQ's executive director plans to propose a rule amendment to clarify the process for individuals wishing to appeal the executive director’s decision to issue an air quality standard permit. 

The Texas Clean Air Act allows a person affected by an action of the executive director to appeal that decision to the commission. This right, together with certain exceptions, is codified at Texas Health and Safety Code Section 382.061(b).  TCEQ complies with this statute by providing a process for persons to file a motion to overturn, as described in agency rules at 30 Texas Administrative Code Section 50.139. The intent of this rulemaking action is to clarify that TCEQ’s motion to overturn process is available for appeals of executive director decisions on standard permits.

Staff is currently drafting the proposed rule package and anticipates that the commission will consider at its June 28 agenda meeting whether to publish the proposed rule in the Texas Register. If published, the agency will consider and respond to public comment in a final rule that will be brought to the commission for potential adoption.

TCEQ encourages the public to provide input during the public comment period. Public input is valuable to the agency in developing the final rule. Those wishing to follow this process can do so at www.tceq.texas.gov/rules.

While this rule is being developed, the commission will continue to evaluate appeals filed for air standard permits on their merit, as Section 382.061(b) requires.