Public Citizen Comments to the TCEQ Regarding OPIC Rulemaking
Public Citizen Comments to the TCEQ Regarding OPIC Rulemaking
Good morning, Commissioners.
I’m Kathryn Guerra, with Public Citizen’s Texas office. Public Citizen is a nonprofit consumer advocacy organization with over 1M members and supporters that champions the public interest in the halls of power.
I’m speaking in support of OPIC’s item today. We are grateful for the work of the Public Interest Counsel and for their continued legislative recommendations and advocacy on behalf of communities to mitigate the impact of polluters on communities across Texas. I would like to emphasize the importance of the Office of Public Interest Counsel and urge the commission to really consider its advice in your decision-making process. It ensures that communities, not just industry, have a voice in those processes.
While we understand these are legislative recommendations that require legislative action, which we will champion again during the Legislature’s next regular session, we also know that TCEQ enforcement policies, rule-making and rule program implementation for batch plants have been and continue to be harmful to communities.
You’ve heard from several of those concerned parents and school administrators today to support the OPIC recommendation that schools should have Contested Case Hearing standing. They are certainly affected and should have a legal avenue to challenge this.
Legal challenges can be effective. Just last week, the Houston communities won their lawsuit they filed against the TCEQ for its attempt to give concrete batch plant operators up to 10 additional years to comply with new pollution standards. The court found that this pollution grace period was arbitrary, capricious and violated Texas law. These comments were presented to the commission by advocates during the rulemaking process. Still, in their response to comments, the executive director dismissed them and this commission adopted them, as you have done before despite similar concerns. Public concern about the potential health impacts of batch plants led the agency to conduct an air quality analysis, which prompted stronger pollution-limiting requirements for concrete batch plants in the first place. We should listen to these communities.
When OPIC raises a concern on the public’s behalf, whether it is about public notice, gaps in environmental analysis, or weaknesses in permit conditions, the commission should heed them as early warnings. OPIC has been sounding the alarm about concrete batch plants and their harmful impact on nearby communities since at least 2018 with the recommendation that additional surrounding uses have standing. It’s time for this commission to take stronger steps to protect the public from these facilities.
I do have suggestions for OPIC as well.
I’d also like to see included in this annual report not just the number of meetings or hearings attended, but the total number of cases where OPIC’s recommendation to this commission reflected the concerns of and aligned with the community’s requests. I’d also like a value that indicates effectiveness, or the number of instances where the community achieved its desired outcomes because of OPIC’s recommendation.
Finally, I request that all of OPIC’s annual reports be made available on the TCEQ’s website for transparency. I had to request the reports from the agency’s staff because the website stopped after 2021.
Thank you for your time.