TCEQ Amends Public Notice Requirements in 30 TAC Chapters 39 and 55

Author: Maddy Vanlandingham

Effective February 19, 2026, the Texas Commission on Environmental Quality (TCEQ) adopted proposed amendments to Texas Administrative Code Title 30, Chapter 39 (Public Notice) and Chapter 55 (Requests for Reconsideration and Contested Case Hearings; Public Comment). These amendments, driven by Sunset Bill 1397, aim to facilitate public participation in the permit application process. While many of the amendments were administrative (e.g., removing obsolete dates or fax requirements and adding definitions), certain new requirements will noticeably affect future air permit applications. Unless otherwise specified, the implementation date of these new requirements is May 1, 2026.

Why does this matter?

These new requirements will affect the public notice for many types of air permit applications, including certain New Source Review (NSR) applications and amendments, hazardous air pollutant (HAP) major source construction/reconstruction permits, Standard Permit registration for concrete batch plants, and more. Because these amendments seek to facilitate participation in the public comment process and clarify the course of action for hearing requests, public scrutiny of certain air permit applications might increase. Additionally, hearing requests are more likely to be submitted by concerned parties. It is important for companies to consider how public perception may influence their applications and take steps to understand the nuances of these new public notice requirements.

Notable Updates

Comment Period Extension

TCEQ extended the comment period for air permits with consolidated Notice of Receipt of Application and Intent to Obtain Permit (NORI) and Notice of Application and Preliminary Decision (NAPD) to at least 36 hours following the end of any public meetings. This extended comment period requirement applies to all administratively complete air permit applications with consolidated notice received on or after March 1, 2026.

Public Notice Document Availability

Permit application documents required for public notice must be available continuously from the date of NORI to the date of final action by TCEQ or referral to the State’s Office of Administrative Hearings (SOAH). Moreover, the initial permit application must remain in place until it is replaced by the technically and administratively complete permit application.

Applications Posted on TCEQ Website

After June 1, 2026, administratively and technically complete permit applications must be posted on the TCEQ website (with some size-based exceptions). Public notice documents must also include a statement that a copy of the technically complete permit application is available on the TCEQ website, along with its location on the website.

Public Notice Signage

Public notice signs must be posted the day of NORI publication and remain legible and in place continuously, without interruption, throughout the entire comment period and as long as the public can submit timely comments. Although new sign size requirements were proposed, ultimately, no amendments were made to the existing public notice signage requirements.

New Section in Subchapter K

TCEQ has added 30 TAC § 39.606, a new section detailing requirements for requesting contested case hearings, notice and comment hearings, and public meetings. This section lists the permits for which different hearings may be requested and the manner in which to do so, including who is eligible to request a hearing.

Clarified Process for Responses to Reconsideration and Contested Case Hearing Requests

30 TAC Chapter 55 now includes clarified directions for responding to requests for reconsideration or contested case hearings. If a request for a hearing is received, the executive director, the public interest council, and the permit applicant have 12 days to respond. All responses must be filed with the chief clerk, and responders must send notice of their response to the various involved parties.

After the chief clerk mails notice of the first meeting of the commission to discuss the reconsideration or contested case hearing, the original requester has 26 days to send written responses addressing any responses to their request. This written response must also be filed with the chief clerk, and the requester must notify the executive director, the public interest council, and the permit applicant of their response.

How ALL4 Can Help

ALL4 has extensive experience developing permitting strategies, preparing permit applications, and navigating the public involvement process in Texas. When facing greater scrutiny, preparation of clear, consistent, and accurate documents is vital for permit applications and renewals. In the wake of this change, ALL4 can help you understand the new requirements, develop a project permitting timeline, and prepare public notice materials. For more information, please reach out to mvanlandingham@all4inc.com or your ALL4 Project Manager.