ALERT: Chisum Would Gut TCEQ Process

Folks, we have been focusing on fighting Chisum’s amendments to the TCEQ Sunset Bill. But Chisum has another trick up his sleeve- the amendment is being introduced as a stand-alone bill, HB 3251.

This is the bill that eliminates the opportunity for a contested case hearing on any amendment to an air pollution permit held by an electric generating facility (read: coal-fired power plant) to implement new controls on hazardous air pollutants such as mercury and toxics (hazardous air pollutants or HAPs are covered under Section 112 of the federal Clean Air Act).

The contested case opportunity is replaced with what essentially is a public meeting (called public “hearing” in the bill but this is really more akin to what we know in Texas as a public meeting) and public comment period – basically a meaningless public venting process.

No “affected person” status, no referral of a case to the State Office of Hearing Examiners for a quasi-judicial proceeding before an administrative law judge, no discovery, no cross-examination of witnesses, no burden of proof on the applicant, no leverage to force an applicant to the negotiating table to try to greater reductions in the emissions of hazardous air pollutants than the applicant and TCEQ have already agreed to (not likely to be as protective as what citizen groups would demand).

Call your State Representative! Find them here.

Sample Script:

“Hi my name is ____ and I’d like to leave a message for Representative _____. I strongly oppose House Bill 3251. It eliminates the contested case process when industry applies for a permit, which means that the people don’t have any role in the decisionmaking process. Please ask Representative ____ to oppose HB 3251. Thanks.”

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