The Curious Case of An Inquiry Yanked

Our State Representative Writes About ‘Crucial’ Need for Hearing on LCRA Pollution Changes, Then Withdraws That Request Completely

Back in mid-October, State Rep. Stan Kitzman wanted the Texas Commission on Environmental Quality (TCEQ) to hold a public hearing in Fayette County over a proposed permit amendment for industrial wastewater runoff from the Fayette Power Project. But then on Oct. 30, Kitzman withdrew his request The Lower Colorado River Authority (LCRA) wants to remove selenium pollution limits from runoff at the coalfired power plant outside La Grange, including runoff from the plant’s coal pile.

Selenium can be toxic to aquatic life and humans. Runoff from the plant eventually makes its way into Cedar Creek, a tributary of the Colorado River. Kitzman had called for the public hearing after Fayette County Judge Dan Mueller raised the issue in a letter dated Sept. 16 that he sent to both TCEQ and LCRA.

“The Fayette Power Project has long been a matter of significant public interest in our community,” Mueller wrote. “Concerns have always existed about its potential impact on our local environment, air quality, and water resources. Any proposed changes to environmental standards affecting this facility must be made with full transparency and with the direct input of the people who will be most affected by these decisions.”

State Rep. Stan Kitzman, who represents Fayette County, also requested a public hearing in a letter to TCEQ dated Oct. 14.

“As the State Representative for House District 85, which includes constituents directly affected by the Fayette Power Project and its surrounding communities, I am writing to formally request that the Texas Commission on Environment Quality hold a public hearing regarding the proposed environmental quality changes related to the facility,” Kitzman wrote in his Oct. 14 letter.

“My constituents have expressed deep concern and a strong desire for transparency and public engagement in the decision-making process,” the letter went on to say. “A public hearing would provide an essential opportunity for residents, local officials, and stakeholders to review the proposed changes, ask questions, and share their perspectives before any final decisions are made. It is crucial that this process be conducted with full public input to ensure confidence in TCEQ’s mission to protect human and natural resources consistent with sustainable economic development.”

Kitzman asked TCEQ to hold the hearing in Fayette County at a time and location accessible to the general public, and he called for it to be “well-publicized” in local media outlets.

But then on Oct. 30, a staffer from Kitzman’s office sent TCEQ an email containing a one-sentence statement signed by Kitzman: To Whom It May Concern, I hereby withdraw in its entirety my October 14, 2025, request for a public hearing on LCRA’s application for the renewal and amendment of Permit No. WQ0002105000.

Sincerely, Stan Kitzman Dist. 85 The Record reached out to Rep. Kitzman’s office this week to inquire about the decision to withdraw his request. A staffer said she would investigate the matter and get back to us. So far, we have not received a response.

TCEQ has received 16 public comments regarding the permit application, most of them from private citizens requesting a public hearing and urging TCEQ to reject the application.

TCEQ’s public comment period for the permit amendment ended on Dec. 4. At some point, the Commission will decide whether to approve or deny the permit. A staffer at TCEQ told the Record they could provide an estimate of when that decision might be made.

“It looks like it will take a while due to public interest,” the staffer said in an email.