| HOUSTON, TX — Harris County has joined Clean Air for Kids in filing a formal petition for rulemaking with the Texas Commission on Environmental Quality (TCEQ), asking the agency to extend to air permits the same community petition rights that currently exist for waste and water permits. Under existing TCEQ rules, Texas residents affected by a waste disposal or water permit may file a petition to revoke or suspend that permit if they discover serious noncompliance, including false or misleading information in an application. There is no current pathway for communities to raise concerns over air permits. The joint petition asks the TCEQ to close that gap by adopting a new rule that would give residents the same procedural tools for air permits. "We know many communities have real concerns about facilities emitting harmful pollutants in the air, and they should have a formal way to bring to TCEQ's attention credible evidence of misrepresentations in an application, falsifying reports, or other significant noncompliance," said Harris County Attorney Jonathan Fombonne. "Right now, that pathway simply doesn't exist for air permits. Harris County is home to some of the most heavily industrialized communities in the nation, and residents should be able to have a transparent and fair process around this." If adopted by the TCEQ, the new rule would allow affected residents to formally petition the agency to deny, suspend, or revoke an air permit when there is evidence of permit violations, misrepresentations in application materials, or other good cause. The commission would then be required to respond by either referring the matter to a hearing or explaining in writing why the petition was denied. “The community’s tireless efforts to raise concerns about the Webber facility's permit helped expose an important regulatory gap that goes beyond the immediate community where Awty is located,” said James E. Smith on behalf of Clean Air for Kids. “This petition was born from that experience—turning a push from a group of parents into a statewide initiative to close this gap and ensure every community has a formal voice in protecting their health.” “There is currently a backlog of 1,400 enforcement actions at the TCEQ while they continue to issue thousands of air permits. At this rate, TCEQ will never catch up with investigating complaints, excess emissions, fires leaks, and other bad actors,” said Jennifer Hadayia, Executive Director of Air Alliance Houston. “The community having the ability to petition for the revocation of a bad air permit gives them a remedy to close this gap, one the is long overdue as we continue to see rock crushers and batch plants next to schools and hospitals with TCEQ unable to provide oversight. We thank the County Attorney for acting on behalf of Harris County residents in support of this petition.” The proposed rule is modeled after 30 TAC § 305.66, the existing TCEQ provision governing solid waste permits, ensuring consistency across the agency's permitting programs. The petition cites statutory authority under the Texas Health & Safety Code and Texas Water Code, which broadly empower the TCEQ to adopt rules necessary to protect air quality and public health. |