TCEQ to publish and seek comment on amended compliance-history rule implementing 2023 legislative changes

The Texas Commission on Environmental Quality on July 9 approved publication and a public hearing for proposed amendments to 30 Texas Administrative Code Chapter 60 to implement statutory changes to compliance-history classification and repeat-violator evaluations.

Krista Clement of the Enforcement Division said the rulemaking implements Texas Water Code section 5.754 as amended by Senate Bill 1397 (88th Legislature) to require that moderate and minor violations be considered when determining repeat-violator status, in addition to previously considered major violations. Staff also proposed increasing the numerical point threshold for an unsatisfactory performer rating for less complex entities and changing the frequency for evaluating compliance history from annually to biannually, with evaluations occurring March 1 and Sept. 1 each year.

Sheldon Wayne of the Office of Public Interest Counsel said OPEC reviewed the proposal, supports publication and will attend the Aug. 18 public hearing. Commissioners said the changes respond to Sunset recommendations and legislative direction to better compare facilities by complexity and to provide more frequent compliance-history updates. The commission approved publication and the hearing date and authorized nonsubstantive edits to comply with Texas Register requirements.