TCEQ Discusses Enforcement Policy of Speciating Pollutants
Beveridge & Diamond, P.C. - Texas Environmental Update, 2008
At the May 9, 2008 Commissioners’ Work Session, the Commission debated the TCEQ staff’s enforcement practice of handling a single release as separate violations based on the speciation of the pollutants. The TCEQ first began speciating pollutants in air enforcement cases in 2007. The TCEQ staff reports that since that time it has speciated pollutants in thirty-two cases. The Commission has approved agreed orders in three of those cases, agreed orders are pending in nine of the cases, and the balance of the cases remain unresolved.
At the May 9th Work Session, the TCEQ staff offered two options for the Commissioners’ consideration: (1) that the penalty policy provide flexibility to speciate a release into separate violations taking into account the nature and gravity of the alleged violation on a case-by-case basis; and (2) that the Penalty Policy be revised to include specific circumstances when the Executive Director should consider speciating a release into separate violations. The TCEQ staff recommended the first option. Commissioner Soward expressed a strong preference for the second option. Following considerable discussion of the item, the Commissioners agreed to defer further consideration of the matter to the August 29, 2008 Commissioners’ Work Session. Commissioners Soward and Shaw indicated they would take that opportunity to solicit informal input from stakeholders.
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