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"As a scientist, I am disappointed, but not surprised, that the EPA has proposed these new, shortsighted regulations," said TCEQ Chairman Bryan W. Shaw, Ph.D., P.E. "There is powerful data that casts doubt on whether lowering ozone levels beyond the current standard of 75 ppb will have any significant health benefit. Environmental regulations should be based on good science, common sense, and the certainty that they will achieve the stated health benefits. The EPA proposal fails miserably at meeting any of those metrics."
"First, I find it offensive for EPA to make this announcement the day before Thanksgiving without giving the TCEQ, one of the largest environmental agencies in the world, a courtesy call to alert us it was coming," said TCEQ Commissioner Toby Baker. "Second, if the EPA is proposing new standards based on the best available science, as Administrator McCarthy claims, wouldn't they propose a single new standard based on that science that is most protective of public health? Instead the EPA has proposed an arbitrary range of new standards. If the EPA believes one of their proposed standards is more protective of public health, I would prefer that they set politics aside, make their case and propose it, instead of asking the public to comment on a nebulous range of meaningless new standards."
"Unfortunately this appears to be a unilateral lowering of standards for the sake of lowering standards," said TCEQ Commissioner Zak Covar. "The science is clear that increases in asthma incidences are inverse to actual ozone concentrations. We are missing an opportunity to work with the EPA to research and actually determine the real causes of asthma."
The TCEQ's opposition to these new standards is largely based on the fact that current scientific data does not provide certainty that lowering the ozone standard will provide health benefits. The TCEQ also has serious issues with the potential cost to implement and achieve a more stringent ozone standard. The TCEQ recognizes and supports the requirement of setting the ozone NAAQS at a level adequate to protect human health and welfare, based on the best available scientific information. However, the agency, as well as several state environmental agencies and other experts, have expressed concerns regarding the EPA's interpretations and applications of the scientific materials used to conclude that a more stringent ozone NAAQS is needed.
The EPA's own modeling has even shown an increase in mortality caused by lowering the primary ozone design values in the greater Houston area.
Other concerns include the lack of consideration of personal exposure to ozone in the epidemiology studies that are used as the basis for the proposed standard, as well as the critical fact that clinical ozone exposure studies do not show a clinically-adverse effect (by the EPA's definition) at levels below the current standard of 75 ppb.
For more information on the TCEQ's study of the proposed ozone NAAQS, see newsletter article Will EPA's Proposed New Ozone Standards Provide Measurable Health Benefits?
A study by NERA Economic Consulting recently estimated a more stringent primary ozone standard at the 60 ppb level could reduce national gross domestic product by up to $270 billion per year and have a total compliance cost of over $2 trillion. Many areas of the country are likely to be above the lower end of the standard and are unlikely to have a means to meet the standard in the short term, given background levels of ozone entering a state or even the U.S. (from natural and man-made sources).
Areas determined not to be attaining a more stringent primary ozone standard will be those most impacted. All areas in Texas with a regulatory ozone monitor, or part of a metropolitan area with a regulatory monitor, currently measure ozone over 65 ppb with the exception of Laredo, the Lower Rio Grande Valley area, and Victoria. Based on current data, the Houston-Galveston-Brazoria, Dallas-Fort Worth, San Antonio, Austin-Round Rock, Waco, Killeen-Temple, Beaumont-Port Arthur, El Paso, Corpus Christi, Tyler-Longview, and even Brewster County (Big Bend National Park) all have ozone measurements over 65 ppb. The Laredo and Victoria areas currently have ozone design values between 60 and 65 ppb. The impact on these areas could be significant and not only ultimately require more industrial emission controls and expansion of the automobile emissions testing to these areas, but also could impact future economic growth within these areas and beyond. A final ozone NAAQS of 70 ppb would potentially impact not only the current ozone non-attainment areas of Houston-Galveston-Brazoria and Dallas-Fort Worth, but also Beaumont-Port Arthur, Tyler-Longview, Killeen-Temple, El Paso, and San Antonio, based on current data. A final decision on the ozone NAAQS concentration, and the monitored ground ozone levels between 2013 and 2016, will ultimately determine the exact areas impacted by a revised standard.
Texas has experienced a historical drought in recent years, with the drought of 2011 being a record breaker. By mid-2014, almost 45 percent of the state remained in severe, extreme, or exceptional drought.
As the state agency charged with managing surface water rights, the TCEQ carries out this responsibility primarily through issuing and enforcing water-right permits. Among permitted water-right holders, the permit holders that got their authorization first (senior water rights) are entitled to receive their water before water-right holders that got their authorization later (junior water rights). Water-right holders not getting their entitled water can call on the TCEQ to enforce the priority doctrine—a priority call.
In recent years, the TCEQ has received multiple priority calls on surface water from municipal, industrial, irrigation, and domestic and livestock users in the Brazos, Guadalupe, Colorado, Sabine, and Neches river basins. These priority calls have resulted in the suspension or curtailment of more than 1,000 water rights. When drought conditions abated, these priority calls were rescinded and suspensions lifted, allowing junior water-right holders the opportunity to use and store water.
During times of drought, TCEQ field personnel enforce curtailments through ground-level and aerial investigations. They also conduct streamflow monitoring to aid agency decisions regarding curtailments and management of priority calls.
The TCEQ has engaged in proactive steps to respond to extreme drought. It communicates information about drought conditions and permit suspensions to state leadership, legislative officials, county judges, county extension agents, holders of water-right permits, and the media.
This response is coordinated through the TCEQ's Drought Team, a multidisciplinary agency group that began meeting in 2010. The team issues updates on the status of drought conditions and agency response activities. Agencies invited to team meetings are partners such as the Texas Department of Emergency Management, Texas Department of Agriculture, and Texas Water Development Board.
The TCEQ has conducted a number of outreach and assistance activities—specifically targeting public water systems—to help prevent systems from running out of water. The agency also contacted public water suppliers to urge implementation of drought contingency plans. Personnel offered assistance to any public water systems experiencing critical conditions (see Chapter One, "Drought Fosters New Approaches").
The agency intensively monitors a targeted list of public water systems that have a limited or an unknown supply of water remaining. Employees offer those systems financial, managerial, and technical assistance, such as identifying alternative water sources, coordinating emergency drinking-water planning, and finding possible funding for alternative sources of water.
Since 2011, the TCEQ has given technical assistance to more than 100 public water systems by expediting reviews for plans and specifications for drilling additional wells, moving surface water intakes to deeper waters, and finding interconnections with adjacent water systems without compromising the drinking-water quality and capacity needs for other systems. Technical assistance is prioritized for at-risk drought-affected public water systems seeking alternative water sources and regional water planning through interconnections with other systems.
In addition, since 2011 the TCEQ has performed an estimated 250 drought-related emergency reviews for plans and specifications and exceptions to TCEQ rules.
As of August 2014, 788 public water systems in Texas had activated mandatory water restrictions, while another 391 relied on voluntary measures to cut back on water use. For the complete list, see www.tceq.texas.gov/goto/pws-restrictions.
As drought conditions around the state persisted into the spring and summer of 2014, public water systems reported to the TCEQ when their mandatory water restrictions were implemented.
In the search to find alternate water sources, desalination has been gaining attention as some communities seek to treat saline groundwater to make it potable. In response, the TCEQ took action to streamline the approval process for these facilities. In 2013, the agency implemented a process that allows the use of computer modeling as an alternative to on-site pilot studies for the approval of groundwater desalination systems.
The agency also initiated rulemaking to streamline construction approval for public water systems asking to conduct brackish-water desalination.
In addition, the TCEQ began reviewing a number of innovative water-supply projects. Ongoing drought conditions have required some public water systems to explore one strategy not previously considered—using raw water sources. One alternative involves not just reclaiming effluent from municipal wastewater treatment plants for non-potable uses such as irrigation and industry, but also additional treatment to remove chemical and microbiological contaminants found in effluent. With this process, the treated water becomes safe for human consumption.
Water flowing in Texas creeks, rivers, lakes, and bays is state water. The right to use water may be acquired through appropriation via the permitting processes established in state law. Permit applications for new water are reviewed by the TCEQ for administrative and technical requirements related to conservation, water availability, and the environment.
In fiscal 2013 and 2014, the agency processed a total of 702 water-rights actions, including new permits and amendments, water-supply contracts, and ownership transfers. In addition, the TCEQ engaged in extensive outreach efforts to help water-right holders remain in compliance with water-use reporting requirements mandated by statute.
Because of limited water availability, some cities, governments, businesses, and individuals have begun turning to indirect reuse or groundwater as a source of supply. With indirect reuse or groundwater, an authority or individual may discharge effluent or groundwater into a stream, subsequently divert the effluent or groundwater, and use (or reuse) it for irrigation or some other purpose. These types of projects require a bed-and-banks permit. A total of eight indirect reuse authorizations were issued in fiscal 2013 and 2014.
In 2007, the Legislature passed two landmark measures relating to the development, management, and preservation of water resources, including the protection of instream flows and freshwater inflows. House Bill 3 and Senate Bill 3 changed the process by which the state would decide the flow that needs to be preserved in the watercourse for the environment, requiring the consideration of both environmental and other public interests. This change required the TCEQ to adopt rules for environmental-flow standards for Texas' rivers and bays.
Adoption of the third and final rulemaking for the environmental-flow standards was completed in February 2014. The TCEQ's ongoing goal is to protect the flow standards—along with the interests of senior water-rights holders—in the agency's water-rights permitting process for new appropriations and amendments that increase the amount of water to be taken, stored, or diverted.
The Texas Instream Flow Program, established in 2001, is a cooperative effort by the TCEQ, Texas Water Development Board, and Texas Parks and Wildlife Department to perform scientific studies to determine flow conditions necessary for supporting a sound ecological environment in river basins.
Texas Instream Flow Program studies are ongoing in the San Antonio, Brazos, Trinity, and Guadalupe river basins, and are scheduled to be completed by the end of 2016.
The TCEQ is responsible for delineating and designating priority groundwater management areas and creating groundwater conservation districts in response to landowner petitions or through the PGMA creation process.
In 2015, the TCEQ and the Texas Water Development Board will submit a joint legislative report that details fiscal 2013–14 activities relating to priority groundwater management areas and the creation and operation of groundwater conservation districts.
Groundwater conservation districts are the state's preferred method of groundwater management. Each district is governed by a locally selected board of directors. Under the Texas Water Code, GCDs are authorized and required to permit water wells, develop a management plan, and adopt rules to implement the management plan.
By quantifying and evaluating the groundwater resource on an ongoing basis, GCDs help groundwater users understand the aquifer located in their area, the combined demands on the aquifer, and the need for conservation of the aquifer. A GCD uses aquifer data and public input to develop a plan to manage and conserve groundwater resources. A locally developed management plan outlines goals to conserve and protect the groundwater resources within the aquifers. A GCD implements rules and programs to achieve the plan's goals through monitoring, registration and permitting, and educational outreach.
A GCD management plan and the "desired future conditions" for a groundwater management area must be readopted and approved at least once every five years. The state's GCDs have completed the first round of groundwater management area planning in order to adopt desired future conditions for their groundwater. The TWDB has sent the estimates of "modeled available groundwater" to the GCDs for their next management plans and to the regional water planning groups for their 2016 plans.
The TCEQ actively monitors and ensures GCD compliance to meet management-plan adoption and readoption requirements. The agency also takes action in the following instances:
Under the Texas Water Code, the TCEQ is required every five years to evaluate river basins that do not have a watermaster program to determine whether a watermaster should be appointed. Agency staff is directed to report its findings and make recommendations to the commission.
In 2011, the TCEQ developed a schedule for conducting these evaluations, as well as criteria for developing recommendations. Several basins are to be evaluated each calendar year and findings presented to the commission. The first year of evaluation, conducted in 2012, included the Brazos and Colorado River basins, along with the Brazos-Colorado and Colorado-Lavaca coastal basins.
In 2013, evaluations were conducted for the Trinity and San Jacinto river basins and the Trinity–San Jacinto and San Jacinto–Brazos coastal basins. For 2014, the third evaluation year, the TCEQ evaluated the Sabine and Neches river basins and the Neches-Trinity coastal basin.
For more information, see Appendix D, Evaluation of Water Basins in Texas without a Watermaster.
In April 2014, the TCEQ directed that a watermaster be appointed for the Upper Brazos River Basin, which includes Possum Kingdom Lake and below. This directive was in response to a petition by 35 water-right holders in the Brazos River Basin.
The petitioner's request was referred to the State Office of Administrative Hearings, and the final order establishing the watermaster position was approved. After hosting a series of public meetings and setting up an advisory committee, the agency expects the Brazos River Watermaster program to be fully established by early fiscal 2016.
Texas is a party to five interstate river compacts. These compacts apportion the waters of the Canadian, Pecos, Red, and Sabine rivers and the Rio Grande between the appropriate states. Interstate compacts form a legal foundation for the equitable division of the water of an interstate stream with the intent of settling each state's claim to the water.
The Rio Grande Compact, ratified in 1939, divided the waters of the Rio Grande among the signatory states of Colorado, New Mexico, and Texas from its source in Colorado to Fort Quitman, Texas. The compact did not contain specific language regarding the apportionment of water in and below Elephant Butte Reservoir. However, the compact was drafted and signed against the backdrop of the 1915 Rio Grande Project and a 1938 U.S. Bureau of Reclamation contract that referred to a division of 57 percent to New Mexico and 43 percent to Texas. The compact contains references and terms that were crafted to ensure that sufficient water was provided to the Rio Grande Project.
The Project serves the Las Cruces and El Paso areas and includes Elephant Butte Reservoir, along with canals and diversion works in New Mexico and Texas. The Project water was to be allocated by the 57:43 percent division, based on the relative amounts of Project acreage originally identified in each state. Two districts receive Project water: Elephant Butte Irrigation District in New Mexico and El Paso County Water Improvement District No. 1 in Texas. The latter supplies the city of El Paso with about half of its water.
In 2008, after 20 years of negotiations, the two districts and the Bureau of Reclamation completed an operating agreement for the Rio Grande Project. The agreement acknowledged the 57:43 percent division of water and established a means of accounting for the allocation. The agreement was a compromise to resolve major issues regarding the impact of large amounts of groundwater development and pumping in New Mexico that affected water deliveries to Texas.
But significant compliance issues continue regarding New Mexico's water use associated with the Rio Grande Compact. In 2011, New Mexico took action in federal district court to invalidate the 2008 operating agreement. In response to the lawsuit and in coordination with the Legislative Budget Board and the Attorney General's Office, the TCEQ hired outside counsel and technical experts with specialized experience in interstate water litigation to protect Texas' share of water.
In January 2013, Texas filed litigation with the U.S. Supreme Court. A year later, the Supreme Court granted Texas' motion and accepted the case. Subsequently, the United States filed a motion to intervene as a plaintiff on Texas' side, which was granted.
As Texas develops factual information to support its position, evidence grows that New Mexico's actions have significantly affected, and will continue to affect, water deliveries to Texas. As of August 2014, all parties were awaiting further procedural rulings from the Supreme Court.
(Update: On Nov. 3, 2014, the Supreme Court appointed a special master in this case with authority to fix the time and conditions for the filing of additional pleadings, to direct subsequent proceedings, to summon witnesses, to issue subpoenas, and to take such evidence as may be introduced. The special master was also directed to submit Reports to the Supreme Court as he may deem appropriate.
A "special master" is appointed by the Supreme Court to carry out actions on its behalf such as the taking of evidence and making rulings. The Supreme Court can then assess the special master's ruling much as a normal appeals court would, rather than conduct the trial itself. This is necessary as trials in the U.S. almost always involve live testimony and it would be too unwieldy for nine justices to rule on evidentiary objections in real time.)
Two international treaties have a major impact on water supplies available to Texas. The 1906 convention between the United States and Mexico apportions the waters of the Rio Grande Basin above Fort Quitman, Texas, while the 1944 treaty between the United States and Mexico apportions the waters of the Rio Grande basin below Fort Quitman.
Mexico continues to under-deliver water to the United States under the 1944 Treaty. Mexico does not treat the United States as a water user and only relies on significant rainfalls to make deliveries of water to north of the border. This stands in contrast to the manner in which the United States treats Mexico in regards to the Colorado River. In fact, the United States has always provided Mexico its annual allocation from the Colorado River. The Colorado River and the Rio Grande are both covered by the same 1944 water treaty. Efforts continue through the Texas congressional delegation to address this problem.
A related issue concerns the accounting of waters in the Rio Grande at Fort Quitman. While the 1906 convention clearly granted 100 percent of all waters below El Paso to Fort Quitman to the United States, the International Boundary and Water Commission has allocated the waters equally between the United States and Mexico.
FY2013-2014 Biennial Report: Letter From the Commission
Chapter 1: Agency Highlights (FY2013-2014)
Chapter 2: Agency Activities (FY2013-2014)
Agency Activities: Enforcement (FY2013-2014)
Agency Activities: Air Quality (FY2013-2014)
Agency Activities: Water Quality (FY2013-2014)
Agency Activities: Water Availability (FY2013-2014)
Agency Activities: Waste Management (FY2013-2014)
Chapter 3: Legislation from the 84th Session (FY2013-2014)
Chapter 4: Agency Resources (FY2013-2014)
Appendix A: Assessment of Complaints Received (FY2013-2014)
Appendix B: Permit Time-Frame Reduction and Tracking (FY2013-2014)
Appendix C: Office of Public Interest Counsel Annual Report to the TCEQ
Appendix D: Evaluation of Water Basins in Texas Without a Watermaster
The TCEQ's Biennial Report to the Legislature is published every December prior to a regular legislative session, as required by the Texas Water Code, Section 5.178. This submission to the 84th Legislature also contains other information and reports that are required by statute:
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On an ongoing basis, the Texas Commission on Environmental Quality deals with serious environmental challenges. Most Texans are affected one way or another by the agency's major responsibilities—air quality, water quality, water supply, waste management, and pollution prevention. Public health is a leading concern for the 2,700 agency personnel.
Staff members perform compliance investigations, supervise air and water monitoring stations, evaluate permit applications, and oversee cleanup of contaminated properties. To encourage environmental stewardship, the agency conducts environmental education programs, provides technical assistance, and promotes recycling and conservation.
This chapter addresses how the TCEQ fulfills its major responsibilities through the many programs designed around environmental protection. All of these programs are ongoing and continue to build on experiences gleaned from previous years.
For the most part, this chapter examines activities that occurred during fiscal 2013 and 2014, a period starting September 1, 2012, and ending August 31, 2014.
In 2009, the TCEQ issued a license to Waste Control Specialists LLC authorizing the operation of a facility for disposal of low-level radioactive waste (LLRW) in Andrews County in West Texas.
The low-level radioactive waste generated in the Texas LLRW Disposal Compact, comprising the states of Texas and Vermont, may be disposed of in the Compact Waste Disposal Facility, in addition to accepted non-compact wastes. A separate, adjacent facility, which was authorized by the same license, may accept LLRW and mixed waste (waste that contains both a hazardous and a radioactive constituent) from federal facilities. Upon eventual closure of this site, the facility will be owned by the U.S. Department of Energy.
After the TCEQ authorized commencement of operations at the Compact Waste Disposal Facility portion of the disposal site, the facility received its first waste shipment for disposal in April 2012. The TCEQ then authorized operations to begin at the Federal Waste Disposal Facility portion of the site, and the facility received its first waste shipment for disposal in June 2013. Since operations began at both sites, more than 104,000 cubic feet of waste had been safely disposed of, and $16.4 million in disposal and processing fees had been collected as revenue for the state through fiscal 2014.
Texas' LLRW is produced predominantly by nuclear utilities, academic and medical research institutions, hospitals, industry, and the military. LLRW typically consists of radioactively contaminated trash, such as paper, rags, plastic, glassware, syringes, protective clothing (gloves, coveralls), cardboard, packaging material, organic material, spent pharmaceuticals, used (decayed) sealed radioactive sources, and water-treatment residues. Nuclear power plants contribute the largest portion of LLRW in the form of contaminated ion-exchange resins and filters, tools, clothing, and irradiated metals and other hardware. LLRW does not include waste from nuclear-weapons manufacturing or from U.S. Navy nuclear propulsion systems.
By law, the TCEQ is responsible for setting rates for the disposal of low-level radioactive waste at the compact facility. In November 2013, the TCEQ adopted a final disposal rate by rule and published the notice in the Texas Register.
Licensed in 2008, the Waste Control Specialists site has been open for by-product disposal since 2009. By-product material that can be disposed of by WCS is defined as tailings or wastes produced by, or resulting from, the extraction or concentration of uranium or thorium from ore.
Since 2009, WCS has disposed of one by-product waste stream containing 3,776 canisters of waste generated by the Department of Energy's Fernald facility in Ohio.
The TCEQ regulates disposal of by-product wastewater material generated at in situ uranium mining and processing sites. This occurs through permitting and enforcement of Class I injection wells under the agency's federally authorized Underground Injection Control Program.
Each uranium mining site has one or more permitted Class I UIC wells for disposal of excess water produced from in situ mining and uranium recovery, as well as groundwater produced in restoration of mined aquifers.
Texas has seven uranium mining projects and two uranium processing facilities with on-site permitted Class I UIC wells. All are in South Texas.
Most uranium is produced in Texas through the in situ leach process. Uranium is leached directly out of a uranium-bearing formation underground and pumped in solution to the surface for processing. The conventional method for uranium production, used in the past, created leftover by-product waste disposal impoundments.
In the last two years, the TCEQ has successfully confirmed the cleanup and closure of five individual uranium production areas and released them for unrestricted use, with the concurrence of the U.S. Nuclear Regulatory Commission.
Superfund is the federal program that enables state and federal environmental agencies to address properties contaminated by hazardous substances. The EPA has the legal authority and resources to clean up sites where contamination poses the greatest threat to human health and the environment.
Texas either takes the lead or supports the EPA in the cleanup of Texas sites that are on the National Priorities List, which is EPA's ranking of national priorities among known releases or threatened releases of hazardous substances, pollutants, or contaminants.
In addition, Texas has a state Superfund program to address sites that are ineligible for the federal program. This program is the state's safety net for dealing with contaminated sites. The TCEQ uses state funds for cleanup operations at sites on the Texas Superfund Registry if no responsible parties can, or will, perform the cleanup. The TCEQ also takes legal steps to recover the cleanup expenses.
After a site is proposed for the state Superfund program, either the responsible party or the TCEQ proceeds with a remedial investigation, during which the agency determines the extent and nature of the contamination. A feasibility study follows to identify possible cleanup remedies. A local public meeting is held to explain the proposed remedy and to accept public comments. The TCEQ then selects an appropriate remedial action.
Projects entering the Superfund program are prioritized by risk. Locating the responsible parties and resolving legal matters, such as access to the site, consumes time and resources. It can take several years for sites to be fully investigated and cleaned up, though the TCEQ will expedite its response when necessary.
In fiscal 2013, Texas had a total of 112 sites in the state and federal Superfund programs. Remedial action was completed at one National Priorities List site, which was located in Bowie County.
In fiscal 2014, one new site in Brazoria County was proposed for the Texas Superfund Registry, for a total of 113 sites. Remedial actions were completed at three Texas Superfund Registry sites, located in Brazoria, Nueces, and Tom Green counties.
The TCEQ oversees the cleanup of contamination of groundwater and soil due to leaking petroleum storage tanks. Since the program began in 1987, the agency has received reports of 26,932 leaking PST sites—primarily at gasoline stations.
By the end of fiscal 2014, cleanup had been completed at 25,332 sites, and corrective action was under way at 1,600 sites.
Of the total reported PST releases, about half have affected groundwater.
Leaking PSTs are often discovered when a tank owner or operator upgrades or removes tanks, when an adjacent property owner is affected, or when the tank leak-detection system signals a problem. Some leaks are detected during construction or utility maintenance. Most tank-system leaks are due to corrosion, incorrect installation, or damage during construction or repairs.
To avoid releases, tank owners and operators are required to properly operate and monitor their storage-tank systems, install leak-detection equipment and corrosion protection, and take measures to prevent spills and overfills.
Tank owners and operators are required to clean up releases from leaking PSTs, beginning with a site assessment that may include drilling monitoring wells and taking soil and groundwater samples. The TCEQ oversees the remediation.
Under state law, cleanups of leaking tanks that were discovered and reported after Dec. 23, 1998, are paid by the owners' environmental liability insurance or other financial assurance mechanisms, or from their own funds.
The PST State Lead Program cleans up sites at which the responsible party is unknown, unwilling, or financially unable to do the work—and in situations in which an eligible site was transferred to State Lead by July 2011. State and federal funds pay for the corrective actions. Except for the eligible sites placed in the program by the July 2011 deadline, the state allows cost recovery from the current owner or any previous responsible owner.
The Texas Voluntary Cleanup Program gives incentives for pollution cleanup by releasing future property owners from liability once a previously contaminated property is cleaned up to the appropriate risk-based standard.
Since 1995, the program has provided regulatory oversight and guidance for 2,506 applicants and has issued 1,942 certificates of completion for residential, commercial, and industrial properties.
In the last two years, the program received 157 applications and issued 169 certificates. Recipients of the certificates report that the release of liability helps with property sales, including land transactions that would not have otherwise occurred due to concerns about environmental liability. As a result, many underused or unused properties may be restored to economically beneficial or community use.
Recent sites successfully addressed under the Texas VCP range from city-owned properties being developed into beneficial community use, such as the downtown Austin public library now under construction, to mixed-use residential and commercial developments, such as the 136-acre redevelopment of a former manufacturing facility in Houston.
The key benefit is the liability release afforded to future property owners once the certificate is issued. The certificate insulates future owners from potential changes in environmental conditions, such as the discovery of previously unknown contamination.
The VCP is funded by an initial $1,000 fee paid by each applicant. Costs beyond the initial fee are invoiced to the applicant monthly by the TCEQ.
Under the Innocent Owner/Operator Program, the TCEQ also implements the law providing liability protection to property owners whose land has been affected by contamination that migrated onto their property from an off-site source. In the last two years, the TCEQ issued 95 certificates.
Since 2003, the TCEQ has been responsible for collecting fees for a remediation fund designed to help pay for the cleanup of contaminated dry-cleaner sites. The fees come from the annual registration of dry-cleaning facilities and drop stations, property owners, prior property owners, and solvent fees from solvent distributors.
The Legislature in 2007 established registration requirements for current and prior property owners who wish to claim benefits from the remediation fund, and authorized a lien against current and prior property owners who fail to pay registration fees due during corrective action.
In addition, the use of perchloroethylene was prohibited at sites where the agency has completed corrective action.
In fiscal 2013, there was a total of 3,171 dry cleaner registrations and more than $3.3 million in invoiced fees; in fiscal 2014, a total of 3,144 registrations and almost $3.26 million in invoiced fees.
The Resource Conservation Recovery Act establishes a system for controlling hazardous waste from the time it is generated until its ultimate disposal. The EPA has delegated the primary responsibility of implementing the RCRA in Texas to the TCEQ.
The TCEQ reviews and approves plans, evaluates complex analytical data, and writes new and modified Industrial and Hazardous Waste (I&HW) permits. Texas has 192 permitted industrial and hazardous waste treatment, storage, and disposal facilities.
During fiscal 2013 and 2014, the TCEQ issued 35 I&HW permit renewals and performed approximately 1,100 industrial waste stream audits.
With growing demands on the state's waste-disposal facilities, the TCEQ evaluates the statewide outlook for landfill capacity and strives to reduce the overall amount of waste generated.
In fiscal 2013 (the most recent data available), the total disposal in the state's 197 active municipal solid-waste landfills was about 30.6 million tons, representing a reduction of 6.1 percent from fiscal 2011. Per capita, the rate of landfill disposal was about 6.3 pounds per day in fiscal 2013.
By the end of fiscal 2013, overall municipal solid-waste capacity stood at about 1.9 billion tons, representing about 62 years of disposal capacity. That was a net increase of about 50 million tons, or roughly 150 million cubic yards, compared with fiscal 2011 capacity. More populous areas have seen a trend toward regional landfills serving larger areas, while less populous areas in West Texas continue to be served by small arid exempt landfills (accepting less than 40 tons per day), which are operated by municipalities.
To assist regional and local solid-waste planning initiatives, such as addressing adequate landfill capacity, the TCEQ provides solid waste planning grants to each of the 24 regional councils of governments (COGs). The planning initiatives are based on goals specified in each COG's regional solid-waste management plan.
For the 2012–13 grant period, the COGs received about $10.9 million. Pass-through projects included collection stations in underserved areas, illegal-dumpsite cleanups, and education and outreach projects.
The Regional Councils of Governments and the Municipal Solid Waste Grant Program, FY 2012–2013: Report to the Texas Legislature details the regional solid waste grant activities from that two-year period (www.txregionalcouncil.org/documents/impacts&results.pdf ). The report, published by the Texas Association of Regional Councils, includes data collected by the TCEQ from the 24 COGs.
The TCEQ uses technical assistance, education, and pollution prevention programs to encourage environmental improvements. The Environmental Assistance Division steers many of these programs in a direction that better focuses on agency priorities and aligns more closely with agency regulatory systems.
The renamed EAD was known as the Small Business and Environmental Assistance Division until the end of fiscal 2014.
In fiscal 2013 and 2014, the division responded to a total of 10,652 requests for assistance from small businesses and local governments. Of those, 479 received one-on-one assistance at their business site or facility.
Also, more than 340 small businesses and local governments took advantage of the Compliance Commitment Program. This program allows participants to undergo a site visit, during which a consultant contracted by the TCEQ uses a checklist to identify environmental compliance problems. After the visit, the businesses and facilities receive recommended actions they can take to resolve those problems. They must correct deficiencies within six months to be eligible for a compliance-commitment certificate.
Thirty-six percent of Compliance Commitment Program participants achieved full environmental compliance with the applicable industry checklist. Upon successful completion of the program, businesses receive a certificate and an exemption of up to two years from routine investigations by the agency and partners, such as the EPA and local environmental-enforcement authorities.
Moreover, the program allows small businesses and local governments to achieve compliance voluntarily and confidentially—without fear of enforcement. Site visits do not lead to an investigation or citation, unless there is an imminent threat to human health or the environment. Many times, participants find they save money by improving the efficiency of their processes and reducing paperwork.
In outreach to the smallest of water systems, the division developed an easy-to-use guide, Managing Small Public Water Systems (RG-501). The guide includes simple instructions and worksheets to complete and maintain an asset management plan with or without a computer. The guide covers system inventory and prioritization, planning, budgeting, assessing and protecting water sources, and best management practices.
Workshops on making the best use the guide were held in five cities, educating representatives from more than 100 water systems. Workshop locations included Amarillo, Conroe, Nacogdoches, New Braunfels, and Tyler. Additional workshops were planned along Texas' southern border in the fall of 2014.
The TCEQ also offers educational opportunities and technical assistance through coordinated workshops, seminars, and education events, including the annual Trade Fair and Conference held in downtown Austin. During the last two years, the agency sponsored 16 seminars to provide technical information to almost 13,000 attendees.
For larger organizations such as refineries, universities, and municipal utility districts, the TCEQ offered technical advice on innovative approaches for improving environmental performance through pollution prevention planning.
All together, these efforts resulted in reductions of hazardous waste by more than 683,000 tons and toxic chemicals by about 84,000 tons during fiscal 2013–14.
Texas established the Resource Exchange Network for Eliminating Waste (RENEW) in 1988 to promote the reuse or recycling of industrial waste.
The materials-exchange network has assisted in the trading of millions of pounds of materials, including plastic, wood, and laboratory chemicals. These exchanges divert materials from landfills and help participants reduce waste-disposal costs and receive money for their surplus materials.
RENEW is a free, easy-to-use service. Listings are grouped under "Materials Available" for anyone offering raw materials to other facilities, and "Materials Wanted" for anyone looking to find raw materials.
Through the RENEW website www.renewtx.org, these participants can list and promote information on opportunities for exchanging at national and regional levels.
In fiscal 2013 and 2014, 106 users signed up to use RENEW, and 261 new listings were posted.
The federal Clean Air Act requires the EPA to review the standard for each criteria pollutant every five years to ensure that it provides the required level of health and environmental protection. Federal clean air standards, or the National Ambient Air Quality Standards (NAAQS), cover six air pollutants: ozone, particulate matter, carbon monoxide, lead, nitrogen dioxide, and sulfur dioxide. Over the years, attaining the ozone standard has been the biggest air quality challenge in Texas.
As Texas develops proposals—region by region—to address air quality issues, the revisions are submitted to the EPA in the State Implementation Plan.
Emissions that affect air quality can be characterized by their sources.
Point sources: industrial facilities such as refineries and cement kilns
Area sources: dry cleaners, gasoline stations, and residential heating
On-road mobile sources: cars and trucks
Nonroad mobile sources: construction equipment and engines, such as locomotives
Ground-level ozone, a component of smog, is not emitted directly into the air but forms through a reaction of nitrogen oxides (NOx) and volatile organic compounds (VOCs) in the presence of sunlight. The major sources of NOx and VOC emissions are industrial facilities, electric utilities, car and truck exhaust, and chemical solvents. Identifying control measures that are reasonable—as well as technologically and economically feasible—has presented a challenge for the TCEQ, considering the magnitude of emission reductions already achieved under the 1990 one-hour and the 1997 eight-hour ozone standards.
In 2010, the EPA proposed a reconsideration of the 2008 eight-hour ozone standard of 0.075 parts per million to lower the proposed ozone standard within a range of 0.060–0.070 ppm. The following year, President Obama announced he had requested that the EPA withdraw the proposed reconsidered ozone standard.1 In a subsequent memo, the EPA announced it would proceed with initial area designations under the 2008 eight-hour ozone standard, starting with the recommendations states made in 2009 and updating them with the most current, certified air quality data (2008 through 2010).
In 2012, the EPA published final designations and classifications for the 2008 eight-hour ozone standard. The consequences for Texas were as follows:
The attainment demonstration and reasonable further progress SIP revisions for the Dallas–Fort Worth 2008 eight-hour ozone nonattainment area are scheduled to be proposed for public comment on December 10, 2014, and adopted in June 2015. Both SIP revisions are due to the EPA on July 20, 2015. The Dallas–Fort Worth area is required to attain the 2008 eight-hour ozone standard by December 31, 2018. The Houston-Galveston-Brazoria area is required to attain the 2008 eight-hour ozone standard by December 31, 2015. An attainment demonstration and "reasonable further progress" SIP revisions are not required for the Houston-Galveston-Brazoria area because of its "marginal" classification. The commission is litigating the matter of including Wise County in the Dallas–Fort Worth 2008 ozone nonattainment area.
In the summer of 2014, the EPA was reviewing the 2008 ozone standard. By the end of 2014, the federal agency is expected to propose an eight-hour ozone standard between 0.060 and 0.070 ppm.
Area of Texas
Attainment Status
1997 Eight-Hour Ozone
Attainment Deadline
2008 Eight-Hour Ozone
Attainment Deadline
Dallas–Fort Worth
Beaumont–Port Arthur, El Paso, Austin, Corpus Christi, Victoria, San Antonio, East Texas, Waco
Note: The Houston-Galveston-Brazoria area includes the counties of Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller. The Dallas–Fort Worth area includes the counties of Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant; also Wise for the 2008 eight-hour ozone standard.
In 2012, the EPA published its final rule to determine that the Houston-Galveston-Brazoria area did not attain the one-hour ozone standard by the attainment date of November 15, 2007. Although the EPA had revoked the one-hour standard in 2005, states must continue to meet the one-hour ozone anti-backsliding requirements when triggered by a finding of "failure to attain" by the attainment date. The requirements are contingency measures that are already being met, in addition to the federal Clean Air Act's penalty-fee program. However, ambient air monitoring data for 2011, 2012, and 2013 indicated that the Houston-Galveston-Brazoria area was meeting the one-hour ozone standard. In May 2013, the commission adopted rules to implement the penalty fee provision.
In June 2013, the EPA published proposed rulemaking to implement the 2008 ozone standard. Included in the proposed rulemaking is a mechanism for lifting anti-backsliding obligations under a revoked one-hour ozone standard. According to the EPA's proposal, a state can provide a showing, termed a "redesignation substitute," based on the Clean Air Act redesignation criteria to demonstrate that an area qualifies for lifting anti-backsliding obligations under a revoked standard. The EPA's approval of the showing would have the same effect on the area's nonattainment anti-backsliding obligations as a redesignation to attainment for the revoked standard.
To recognize the improvement in the Houston-Galveston-Brazoria area one-hour ozone levels and to ensure timely termination of the penalty-fee requirement, the TCEQ moved on two fronts. First, in accordance with the EPA's proposed rulemaking to implement the 2008 ozone standard, the TCEQ in July 2014 submitted a report that meets the substance of the Clean Air Act redesignation criteria.
The TCEQ plans to follow this submission to the EPA with a SIP revision, which contains the same elements included in the report, but also includes the most current emissions-inventory data, based on the EPA's updated mobile source emissions-inventory model. The SIP revision was scheduled to be proposed in November 2014 and adopted in July 2015.
The EPA strengthened the sulfur dioxide (SO2) primary NAAQS in 2010 with a new one-hour standard, met when the 99th percentile daily maximum one-hour SO2 concentration, averaged over three years, does not exceed 75 parts per billion. The rule was challenged in federal court by Texas and other states, and dismissed in 2012 by the U.S. Court of Appeals for the District of Columbia Circuit.
In February 2013, the EPA issued a new strategy paper indicating its intention to afford flexibility for each air agency to determine the appropriate approach for characterizing air quality in its jurisdiction—through monitoring, modeling, or a mix of both. The EPA plans to set emissions thresholds for states' use in determining where further monitoring or modeling are needed to assess compliance with the NAAQS. The EPA published proposed details of this strategy in its Data Requirements Rule in May 2014. Under the proposal, states must either deploy source-oriented ambient air monitors by January 1, 2017, or submit air-quality-modeling results for each source by January 13, 2017. The remaining area designations will be made in 2017 or 2020, based on states' decisions about modeling and monitoring SO2 sources.
No areas in Texas are designated nonattainment for SO2. Areas that states identify as exceeding the NAAQS based on modeling are expected to be designated nonattainment by the EPA in 2017. Attainment demonstration SIP revisions for these areas are expected to be due to the EPA in 2019.
In May 2014, the EPA filed a proposed consent decree with environmental groups related to litigation over the agency's failure to designate all areas of the country for the 2010 SO2 standard by the Clean Air Act deadline. A stay in the litigation was granted until August 1, 2014, to allow the EPA to receive public comment on the consent decree.
The proposed consent decree requires the EPA to propose designations within 16 months for undesignated areas that monitored violations of the standard based on three full years of monitored data, or contain sources that emitted greater than 16,000 tons in 2012 or 2,600 tons with an emission rate of 0.45 lbs/mmBtu or higher in 2012. The proposed consent decree also requires that, by December 1, 2017, the EPA must propose designations for undesignated areas that did not install and begin operating SO2 monitors by the January 1, 2017, deployment deadline. In addition, by December 1, 2020, the EPA must propose designations for all other undesignated areas.
In 2010, the EPA published the final rule to strengthen the primary standard for nitrogen dioxide (NO2) by establishing a new one-hour standard at 100 ppb. The new standard focuses on short-term exposures to NO2, which are generally greater on and near major roads. No area in Texas has monitored above the 100 ppb standard. The EPA retained the current annual average NO2 standard of 53 ppb, but changed the monitoring-network requirements to capture both peak NO2 concentrations that occur near roadways and community-wide NO2 concentrations.
In 2012, the EPA also published the initial designations identifying all areas in the United States as unclassifiable or in attainment. The EPA's latest monitoring-placement schedule addresses delays due to funding limitations. Near-road NO2 monitors are operating in the San Antonio, Austin–Round Rock, Dallas–Fort Worth, and Houston-Galveston-Brazoria areas. Second near-road monitors in the Dallas–Fort Worth and Houston-Galveston-Brazoria areas are scheduled to be operational by January 1, 2015. Near-road monitors in El Paso and Edinburg-Mission-McAllen are due to be working by January 1, 2017. Once the expanded network of NO2 monitors is fully deployed and has collected three years of air quality data, the EPA intends to redesignate areas, based on data from the near-road monitoring network.
In 2008, the EPA revised the primary standard for lead from 1.5 to 0.15 micrograms per cubic meter (μg/m3), measured in total suspended particulate matter. Effective in late 2010, a portion of Collin County—surrounding the Exide Technologies facility for recycling lead-acid batteries in Frisco—was designated "nonattainment" for the 2008 lead standard.
After the commission adopted the Collin County Attainment Demonstration SIP Revision and Exide's agreed order, Exide elected to permanently close operations at its Frisco Battery Recycling Center. Most structures at the site have been demolished.
Based on recommendations from the Clean Air Scientific Advisory Committee, the EPA was expected to propose no change to the 2008 lead NAAQS in 2014.
The federal standard for particulate matter was revised in late 2012. For PM with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers (PM2.5), the EPA strengthened the annual primary PM2.5 standard to 12 μg/m3 and retained the current 24-hour primary PM2.5 standard of 35 μg/m3 using a three-year annual average. No Texas counties are designated in nonattainment for PM2.5 standards.
Texas' designation recommendation stated there are no counties monitoring nonattainment of the PM2.5 standard, based on 2010–12 monitoring data. Texas recommended that all counties in the state with applicable PM2.5 monitoring data be designated as attainment, and all other counties be designated as unclassifiable or in attainment. In an August 2014 letter, the EPA notified the governor of its intent to modify the recommendation by designating all areas of the state as unclassifiable/attainment.
The EPA's final designations are expected by December 12, 2014. The designations will be based on 2011–13 monitoring data or the latest certified data available. SIP revisions demonstrating attainment of the PM standard are due to the EPA three years after designations, or about 2018. A recent court ruling, however, is expected to force the EPA to implement the 2012 PM2.5 standard under Subchapter I, Part D, Subpart 4 of the Clean Air Act, rather than under Subchapter I, Part D, Subpart 1, as originally planned. Implementation of the standard under Subpart 4 would mean that attainment-demonstration SIP revisions would be due 18 months from final designations by the EPA, or about mid-June 2016.
There are also new federal requirements for near-road monitors for PM2.5. Data from the new near-road monitors will not be available in time for use in making initial attainment and nonattainment designations for the revised primary annual PM2.5 standard. Near-road monitors are expected to be operational in the Dallas–Fort Worth and Houston-Galveston-Brazoria areas on January 1, 2015; monitors in the Austin–Round Rock and San Antonio areas are due to be working on January 1, 2017.
The EPA retained the current standard for particles with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM10). The El Paso area is classified as moderately in nonattainment of the PM10 standard. In 2012, the commission adopted a SIP revision to incorporate a revised memorandum of agreement between the TCEQ and the City of El Paso to reflect a concurrent rulemaking to amend the PM-control measures.
The TCEQ relies on health- and welfare-protective values developed by its toxicologists to ensure that airborne concentrations of pollutants stay below levels of concern (see Chapter One, "The Important Role of Toxicology").
In 2012, after two rounds of public comment and an external scientific peer review by experts in assessing human-health risk, the TCEQ finalized the updated state-of-the-science guidelines for developing safe levels of chemicals in air.
Draft development-support documents outlining the scientific procedures used to develop chemical-specific effects screening levels and air-monitoring comparison values are subject to a 90-day public comment period before becoming final. In addition, some development-support documents have undergone a technical review or independent external peer review by subject experts. Updated toxicity assessments were completed for 20 chemicals using this process in fiscal 2013–14, and proposed development-support documents for three chemicals were opened for public comment in fiscal 2014.
For its toxicity assessments, Texas has received compliments from the Agency for Toxic Substances and Disease Registry, the Center for Advancing Risk Assessment Science and Policy, the National Fisheries Institute, and the National Center for Environmental Assessment.
After the EPA recommended review of Texas' guideline levels, Georgia, Louisiana, Michigan, North Carolina, Wisconsin, and Minnesota are closely following Texas' values. In addition, some countries now use Texas' values, including Australia, Canada (Ontario, British Columbia, Calgary), Israel, Taiwan, China, Austria, Belgium, Mexico, and the Netherlands.
Air toxics are pollutants known or suspected to cause cancer or other serious health effects. The TCEQ routinely reviews and conducts health-effects evaluations of ambient air monitoring data from across the state by comparing air-toxic concentrations to their respective air-monitoring comparison values (AMCVs) or state standards. The TCEQ evaluates areas for inclusion on the Air Pollutant Watch List where monitored concentrations of air toxics are persistently measured above AMCVs or state standards.
The purpose of the watch list is to reduce air-toxic concentrations below levels of concern by focusing TCEQ resources and heightening awareness for interested parties in areas of concern.
The TCEQ also uses the watch list to identify companies with the potential of contributing to elevated ambient air-toxic concentrations and to then develop strategic actions to reduce emissions. An area's inclusion on the watch list results in more stringent permitting, priority in investigations, and in some cases increased monitoring.
Eight areas of the state are on the watch list at www.tceq.texas.gov/goto/airwatch.
In 2014, the TCEQ removed the Port Arthur and Lynchburg Ferry areas from the watch list. The agency was also in the process of delisting the Texas City area and is evaluating two additional areas (Galena Park and Dallas) to determine whether the improvements in air quality are expected to be maintained, so the areas can be delisted. No new areas have been added to the watch list since 2007.
The early activities associated with the Barnett Shale formation in the Dallas–Fort Worth area presented an unusual challenge for the TCEQ, considering this was the first time that a significant number of natural gas production and storage facilities were built and operated in Texas within heavily populated areas. In response, the TCEQ initiated improved emissions data collection from oil and gas production areas.
As discussed in Chapter One, "Challenges in the Eagle Ford Shale," the TCEQ conducts in-depth measurements at all shale formations to evaluate the potential effects. Since August 2009, the TCEQ has surveyed more than 3,500 oil and gas sites using infrared camera technology and other monitoring instruments.
The monitoring, on-site investigations, and enforcement activities in the shale areas also complement increased air permitting activities. The additional field activities include additional stationary monitors, increased collections of ambient air canister samples, flyovers using infrared imaging, targeted mobile monitoring, and investigations (routine and complaint-driven).
A shale play is a defined geographic area containing an organic-rich, fine-grained sedimentary rock with specific characteristics. The shale forms from the compaction of silt and clay-size mineral particles commonly called "mud."
One vital aspect in responding to shale-play activities is the need for abundant and timely communications with all interested parties. The TCEQ has relied on community open houses, meetings with county judges and other elected officials, workshops for local governments and industry, town hall meetings, legislative briefings, and guidance documents. The agency also maintains a multimedia website (see www.TexasOilandGasHelp.org) with links to rules, monitoring data, environmental complaint procedures, regulatory guidance, and frequently asked questions.
The TCEQ continues to evaluate its statewide air quality monitoring network and, when needed, will expand those operations. Fifteen automatic gas chromatograph (Auto GC) monitors operate in the Barnett Shale area, along with numerous other instruments that monitor for criteria pollutants. In addition, 16 VOC canister samplers (taking samples every sixth day) are located throughout TCEQ Region 3 (Abilene) and Region 4 (Dallas–Fort Worth).
In South Texas, the agency has established a precursor ozone monitoring station in Floresville (Wilson County), which is north of the Eagle Ford Shale. Data from this new station will help determine whether the shale oil and gas play is contributing to ozone formation in the San Antonio area.
To further address the ozone question, the TCEQ contracted with the University of Texas at Austin for mobile monitoring. UT has monitored both upwind and downwind of the Eagle Ford Shale area to test for significant increases in ozone precursors downwind of the shale play. This data will also be used to evaluate whether the existing Wilson County monitor provides data representative of a large area downwind of the Eagle Ford Shale play, or whether additional monitors are needed.
Existing statewide monitors located within oil and gas plays show no indications that these emissions are of sufficient concentration or duration to be harmful to residents.
The federal Clean Air Act requires that each state develop and submit an infrastructure SIP revision demonstrating how the state provides for the implementation, maintenance, and enforcement of a new or revised NAAQS within three years following promulgation of the standards. One of the key infrastructure provisions requires that a state's SIP include adequate provisions to prohibit emissions within the state from contributing significantly to nonattainment in any other state or interfering with maintenance in any other state.
The EPA promulgated a cap-and-trade program in 2005 called the Clean Air Interstate Rule. In accordance with the Clean Air Act transport requirements, CAIR was designed to aid nonattainment areas in downwind states in complying with the 1997 24-hour and annual PM2.5 standards and 1997 eight-hour ozone standard. Twenty-eight eastern states and the District of Columbia are subject to CAIR for contributing to downwind PM2.5 or ozone. CAIR applies specific budgets to subject states for annual SO2, annual NOx, and ozone-season NOx, depending on the determination of a state's downwind contribution.
Texas was found to contribute to downwind PM2.5 nonattainment in Illinois and was required by a federal implementation plan to comply with annual NOx and SO2 budgets. CAIR was subsequently challenged in federal court, and in 2008 the rule was remanded to the EPA by the D.C. Circuit Court of Appeals for reconsideration. In 2011, the EPA finalized the Cross-State Air Pollution Rule as the replacement for CAIR.
In 2012, the D.C. Circuit Court vacated the CSAPR and ordered the EPA to continue to administer CAIR while it works on a replacement transport rule. The EPA and various environmental groups petitioned the U.S. Supreme Court to review the D.C. Circuit Court's decision. In April 2014, the Supreme Court issued a ruling in favor of the EPA, reversing the D.C. Circuit Court's decision on the CSAPR. However, the Supreme Court remanded the case to the D.C. Circuit Court for further proceedings, so the stay of CSAPR remains in effect. The EPA has asked the D.C. Circuit Court to lift the stay, and briefs have been filed with the court. But with no decision issued, the disposition of the CSAPR is pending. As a result, CAIR remains in place until a replacement is implemented.
The TCEQ has submitted infrastructure and transport SIP revisions to the EPA for these standards: 1997 ozone, 1997 PM2.5, 2006 PM2.5, 2008 ozone, 2008 lead, 2010 NO2, and 2010 SO2. An infrastructure-and-transport SIP revision for the 2012 PM2.5 standard is due to the EPA in December 2015.
Guadalupe and Big Bend national parks are Class I areas of Texas identified by the federal government as needing visibility protection, along with 154 other national parks and wilderness areas within the country. The regional haze program is a long-term air quality program that requires states to establish goals and strategies to reduce visibility-impacting pollutants in the Class I areas and to meet a national visibility goal by 2064.
In Texas, the pollutants potentially influencing visibility are primarily NOx, SO2, and PM. Requirements of the regional haze program include reports due to the EPA in 2014, and every five years thereafter, demonstrating progress toward the visibility goal. Another regional-haze SIP revision will be due in 2018 and every 10 years thereafter to 2064.
The initial Texas regional haze SIP revision was adopted by the commission and submitted to the EPA in 2009. This visibility improvement plan relied primarily on CAIR emission reductions that the EPA previously determined sufficient to satisfy best available retrofit technology requirements for electric generating units. The regional haze SIP revision projects that Texas Class I areas will not meet the 2064 federal goal for visibility due to emissions from the Ohio River Valley and international sources. Big Bend National Park will meet the federal visibility goal in 2155 (91 years after 2064) and the Guadalupe National Park will meet the federal visibility goal in 2081 (17 years after 2064).
In February 2014, the commission adopted the 2014 Five-Year Regional Haze SIP Revision. This SIP revision is a required progress report that contains a summary of the following:
The EPA's final action on the 2009 regional haze SIP is expected in September 2015.
The TCEQ has three incentive programs aimed at reducing emissions in various ways: the Texas Emissions Reduction Plan, Drive a Clean Machine, and the Texas Clean School Bus Program.
The Texas Emissions Reduction Plan gives financial incentives to owners and operators of heavy-duty vehicles and equipment for projects that will lower NOx emissions. Because NOx is a leading contributor to the formation of ground-level ozone, reducing these emissions is key to achieving compliance with the federal ozone standard.
Recently added incentive programs also support the increase in the use of alternative fuels for transportation in Texas.
In addition, two additional TERP incentive programs were established by the Legislature in 2013.
TERP grants and activities are further detailed in a separate report, TERP Biennial Report to the Texas Legislature (TCEQ publication SFR-079/14).
The Drive a Clean Machine program (see www.driveacleanmachine.org) was established in 2007 as part of the Low Income Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program (LIRAP) to remove older, polluting cars and trucks and replace them with newer, cleaner-running vehicles.
The Drive a Clean Machine program is available in the areas of Houston-Galveston-Brazoria, Dallas-Fort Worth, and Austin-Round Rock. The counties in these areas conduct annual inspections of vehicle emissions.
From the program's debut in December 2007 through May 2014, more than $177 million was provided to qualifying vehicle owners. This funding helped replace a total of 53,196 vehicles and repair an additional 33,545 vehicles.
In 2014, Collin County requested to no longer collect the $6 per emissions test that supports the program and to discontinue participation in LIRAP. Fulfilling this request will require action on the agency's part. The TCEQ has begun working on rule amendments to allow this option for any participating county.
The Texas Clean School Bus Program provides grants for technologies that reduce diesel-exhaust emissions inside the cabin of a school bus. In addition to grant funding, the program offers educational materials to school districts on other ways to reduce emissions, such as idling reduction.
From 2008 to August 2014, the Texas Clean School Bus Program used state and federal funds to reimburse approximately $25.9 million in grants to 188 public school districts or charter schools to retrofit about 7,100 school buses in Texas. In just the last two fiscal years, the program used state and federal funds to reimburse approximately $5.6 million in grants to nine public school districts or charter schools to retrofit 291 buses in Texas.
The TCEQ supports cutting-edge scientific research into the causes of air pollution in Texas. Most recently, the agency's Air Quality Research Program (AQRP) has been engaged in a range of projects, which built upon the air quality scientific research studies from the previous biennium.
One recent research activity was the field study called DISCOVER-AQ (Deriving Information on Surface Conditions from Column and Vertically Resolved Observations Relevant to Air Quality).
During the summer of 2013, NASA aircraft conducted a series of flights with scientific instruments on board to measure gaseous and particulate pollution in the Houston area. NASA strives to improve the use of satellites to monitor air quality for public health and environmental benefit.
To complement the NASA flight-based measurements and to lever the extensive measurements being funded by NASA to better understand factors that control air quality in Texas, ground-based air quality measurements were made simultaneously by researchers from collaborating organizations. Multiple ground sites were expanded or established to accommodate the instrumentation brought to Houston by research collaborators. This project centralized and coordinated the site infrastructure preparation for the ground sites identified for expansion to support DISCOVER-AQ Houston 2013. The data and information collected during the study will be analyzed through AQRP participants and TCEQ staff, and are expected to provide additional insights into the complex air quality concerns in the Houston area.
Other important air quality research carried out through the AQRP has included:
In addition to research carried out through the AQRP, the TCEQ used grants and contracts to support ongoing air quality research. Some notable projects have included:
The latest findings from these research projects should help the state to understand and appropriately address some of the persistent air quality issues faced by Texans. Challenges remain, however, as the revised air quality standards proposed by the EPA will be difficult to meet.
Under the federal Clean Water Act, every three years the TCEQ is required to review and, if appropriate, revise the Texas Surface Water Quality Standards. These standards are the basis for establishing discharge limits in wastewater permits, setting instream water quality goals for total maximum daily loads and providing criteria to assess instream attainment of water quality.
Water quality standards are set for major streams and rivers, reservoirs, and estuaries based on their specific uses: aquatic life, recreation, drinking water, fish consumption, and general. The standards establish water quality criteria such as temperature, pH, dissolved oxygen, salts, bacterial indicators for recreational suitability, and a number of toxic substances.
The commission adopted revised water quality standards in fiscal 2014. Major revisions included:
The revised standards must be approved by the EPA before being applied to activities related to the Clean Water Act. The EPA acted on most of the 2010 revisions by July 2013. Although portions of the 2010 standards have yet to finish federal review, the TCEQ proceeded with its triennial review of the Texas Surface Water Quality Standards. None of the 2014 revisions had been acted upon by the EPA as of August 2014.
The Surface Water Quality Standards Program also coordinates and conducts use-attainability analyses (UAAs) to develop site-specific uses for aquatic life and recreation. The UAA assessment is often used to reevaluate designated or presumed uses when the existing standards might be inappropriate for water bodies. As a result of aquatic-life UAAs, site-specific aquatic life uses or dissolved-oxygen criteria were adopted in the 2014 revision of water quality standards for more than 16 individual water bodies.
A use-attainability analysis (UAA) is a scientific assessment of the physical, chemical, biological, or recreational characteristics of a water body.
In 2009, the TCEQ developed recreational UAA procedures to evaluate and more accurately assign levels of protection for water recreation activities such as swimming and fishing. Since then, the agency has initiated more than 100 recreational UAAs to evaluate recreational uses of water bodies that have not attained their existing criteria.
Using results from recreation UAAs, the TCEQ adopted site-specific contact recreation criteria for 11 individual water bodies in the 2014 Texas Surface Water Quality Standards revision. Additional site-specific contact-recreation criteria will be included in future revisions to the standards.
The Texas Clean Rivers Program is a unique state-fee-funded water quality monitoring, assessment, and public outreach program. Fifteen regional water agencies (primarily river authorities) perform monitoring, assessment, and outreach. The program affords the opportunity to approach water quality issues within a watershed or river basin at the local and regional levels through coordinated efforts among diverse organizations.
Accomplishments include doubling the water quality data available for TCEQ decision making and increasing public awareness of water quality issues at the local level.
Surface water quality is monitored across the state in relation to human-health concerns, ecological conditions, and designated uses. The resulting data form a basis for policies that promote the protection and restoration of surface water in Texas.
Each spring, TCEQ employees meet with various water quality organizations to coordinate their monitoring efforts for the upcoming fiscal year. The TCEQ prepares the guidance and reference materials, and the Texas Clean Rivers Program partners assist with the local meetings. The available information is used by participants to select stations and parameters that will enhance the overall coverage of water quality monitoring, eliminate duplication of effort, and address basin priorities.
The coordinated monitoring network, which is made up of about 1,800 active stations, is one of the most extensive in the country. Coordinating the monitoring among the various participants ensures that available resources are used as efficiently as possible.
The TCEQ has developed—and continues to refine—a network of continuous water quality monitoring sites on priority water bodies. The agency maintains 50 to 60 sites in its Continuous Water Quality Monitoring Network. At these sites, instruments measure basic water quality conditions every 15 minutes.
CWQMN monitoring data may be used by the TCEQ or other organizations to make water-resource management decisions, target field investigations, evaluate the effectiveness of water quality management programs such as TMDL implementation plans and watershed-protection plans, characterize existing conditions, and evaluate spatial and temporal trends. The data are posted at www.texaswaterdata.org.
The CWQMN is used daily to guide decisions on how to better protect certain segments of rivers or lakes. For example, from 2004 to 2014 the TCEQ developed a network of 14 CWQMN sites on the Rio Grande and the Pecos Rivers. The primary purpose of these CWQMN sites is to monitor levels of dissolved salts to protect the water supply in the Amistad Reservoir. The Pecos River CWQMN stations also supply information on the effectiveness of the Pecos River Watershed Protection Plan. These stations are operated and maintained by the U.S. Geological Survey through cooperative agreements with the TCEQ and the Texas State Soil and Water Conservation Board. Other uses of such data include developing of water quality models.
Every even-numbered year, the TCEQ assesses water quality to determine which water bodies meet the surface water quality standards for their designated uses, such as contact recreation, support of aquatic life, or drinking water supply. Data associated with 200 different water quality parameters are reviewed to conduct the assessment. These parameters include physical and chemical constituents, as well as biological communities.
The assessment is published on the TCEQ website and submitted as a draft to the EPA as the Texas Integrated Report for Clean Water Act Sections 305(b) and 303(d) (found at www.tceq.texas.gov/waterquality/assessment/waterquality/assessment/12twqi/twqi12).
The report evaluates conditions during the assessment period and identifies the status of the state's surface waters in relation to the Texas Surface Water Quality Standards. Waters that do not regularly attain one or more of the standards may require action by the TCEQ and are placed on the 303(d) List of Impaired Water Bodies for Texas (part of the Integrated Report). The EPA must approve this list before its implementation by the TCEQ's water quality management programs.
Because of its large number of river miles, Texas can assess only a portion of its surface water bodies. The most important river segments and those considered at highest risk for pollution are assessed regularly. The 2012 Integrated Report was approved by the EPA in May 2013. In developing the report, water quality data was evaluated from 5,518 sites on 1,360 water bodies. The draft 2014 Integrated Report is under development and expected to be completed by spring 2015.
Water quality planning programs in Texas have responded to the challenges of maintaining and improving water quality by developing new approaches to addressing water quality issues in the state. Watershed action planning is a process for coordinating, documenting, and tracking the actions necessary to protect and improve the quality of the state's streams, lakes, and estuaries. The major objectives are:
Leading the watershed action planning process are the TCEQ, the Texas State Soil and Water Conservation Board, and the Texas Clean Rivers Program. Involving stakeholders, especially at the watershed level, is key to the success of the watershed action planning process.
The Total Maximum Daily Load Program is one of the agency's mechanisms for improving the quality of impaired surface waters. A TMDL is like a budget for pollution in that the TMDL determines the extent to which pollutant concentrations must be reduced to meet quality standards. A scientifically rigorous process is used to arrive at practicable targets for the pollutant reductions in TMDLs.
This program works with the agency's water quality programs, other governmental agencies, and watershed stakeholders during the development of TMDLs and related implementation plans.
Bacteria from human and animal wastes can indicate the presence of disease-causing microorganisms that pose a threat to public health. People who swim or wade in waterways with high concentrations of bacteria have an increased risk of contracting gastrointestinal illnesses. High bacteria concentrations can also affect the safety of oyster harvesting and consumption.
Of the 568 impairments listed for surface water segments in Texas, about half are for bacterial impairments to recreational water uses.
In the last two years, the TCEQ adopted 13 TMDLs for bacteria, and 35 more are under way. Stakeholders developed implementation plans, called I-Plans, for 159 contact recreation impairments, which the commission approved. The TCEQ is coordinating with stakeholders on development of I-Plans for an additional 43 recreation impairments. The timeframes for completing I-Plans are affected by stakeholder resources and reaching consensus. These additional I-Plans are expected to be completed by the end of 2016.
The TMDL Program has developed an effective strategy for developing TMDLs that protects recreational safety. The strategy, which relies on the engagement and consensus of the communities in the affected watersheds, has been initiated for 25 water bodies in three different river basins. Other actions are also taken to address bacteria impairments, such as recreational use–attainability analyses that ensure that the appropriate contact-recreation use is in place, as well as watershed-protection plans developed by stakeholders and primarily directed at nonpoint sources.
While a TMDL analysis is being completed, stakeholders are engaged in the development of an I-Plan, which identifies the steps necessary to improve water quality. I-Plans outline a three- to five-year plan of activities indicating who will carry out the activities, when they will be done, and how improvement will be gauged. Each plan contains a commitment by the stakeholders to meet periodically to review progress. Then they revise the plan to adjust to changing conditions.
An example of successful community engagement is the Bacteria Implementation Group for the Houston-Galveston area. The BIG has 31 members and alternates who represent government, private industry, agricultural interests, conservation organizations, watershed groups, and the public. The BIG convened in 2009 to develop a single implementation plan for 72 bacterial impairments in the Houston-Galveston area. The commission approved the BIG I-Plan in 2013. The watersheds covered by the plan cover 2,200 square miles, including all or part of 10 counties and more than 55 municipalities. The BIG is still engaged in improving water quality throughout the area and will remain active during implementation of the plan. The BIG is also collaborating with other regional groups to bring implementation of similar bacteria TMDLs under the umbrella of BIG's strategy.
Since 1998, the TCEQ has been developing TMDLs to improve the quality of impaired water bodies on the federal 303(d) List, which identifies surface waters that do not meet one or more quality standards. In all, the agency has adopted 239 TMDLs for 151 water bodies in the state.
Based on the 2012 Integrated Report, the TMDL Program has restored water quality to attain standards for 28 impairments to surface waters. These actions have:
From August 2012 to August 2014, the commission adopted one TMDL report (13 impairments) for the Lower West Fork Trinity River Watershed in the Dallas area, where bacteria had impaired the contact-recreation use. During that time, the commission also approved four I-Plans (159 impairments): three for the Houston-Galveston area and one for the Dallas–Fort Worth area.
The Nonpoint Source Program administers the provisions of Section 319 of the federal Clean Water Act. Section 319 authorizes grant funding for states to develop projects and implement NPS management strategies.
The TCEQ, with the Texas State Soil and Water Conservation Board, manages NPS grants to implement the goals identified in the Texas NPS Management Program, which must be approved by the TCEQ, the TSSWCB, the governor, and the EPA. The governor submitted an updated NPS Management Program to the EPA in June 2012, and approval was granted in August. The NPS Program annual report documents progress in meeting the long- and short-term goals of the management program.
The NPS Program annually applies for funding from the EPA. The award is split between the following: the TCEQ to address urban and non-agricultural NPS pollution, and the TSSWCB to address agricultural and silvicultural NPS pollution. The TCEQ receives $3 million to $4 million annually, with approximately $1 million dedicated to the TCEQ performance partnership grant. About 60 percent of overall project costs are federally reimbursable; the remaining 40 percent comes from state or local match. In fiscal 2014, $3.5 million was matched with $2.3 million, for a total of $5.8 million.
The TCEQ solicits applications to develop projects that contribute to the NPS Program management plan. Typically, 10 to 20 applications are received, reviewed, and ranked each year. Because the number of projects funded depends on the amount of each contract, the number fluctuates. Nine projects were selected in fiscal 2013, and 11 in fiscal 2014. Half of the federal funds awarded must be used for the implementation of watershed-based plans.
The NPS Program also administers provisions of Section 604(b) of the federal Clean Water Act. These funds are derived from State Revolving Fund appropriations under Title VI of the act. Using a legislatively mandated formula, money is passed through to councils of governments for planning purposes. In fiscal 2013, the program received $666,919 in funding from the EPA; in fiscal 2014, $616,000.
The estuary programs are non-regulatory, community-based programs focused on conserving the sustainable use of bays and estuaries in the Houston-Galveston and Coastal Bend Bays regions through implementation of locally developed comprehensive conservation management plans. Plans for Galveston Bay and the Coastal Bend bays were established in the 1990s by a broad-based group of stakeholders and bay user groups. These plans strive to balance the economic and human needs of the regions.
The plans are implemented by two different organizations: the Galveston Bay Estuary Program, which is a program of the TCEQ, and the Coastal Bend Bays and Estuaries Program, which is managed by a nonprofit authority established for that purpose. The TCEQ partially funds the CBBEP.
Additional coastal activities at the TCEQ include:
The GBEP provides ecosystem-based management that strives to balance economic and human needs with available natural resources in Galveston Bay and its watershed. Toward this goal, the program fosters cross-jurisdictional coordination among federal, state, and local agencies and groups, and cultivates diverse, public-private partnerships to implement projects and build public stewardship.
GBEP priorities include:
During fiscal 2013 and 2014, the GBEP worked to preserve wetlands and important coastal habitats that will protect the long-term health and productivity of Galveston Bay. To inform resources managers, the program provided ecosystem-based monitoring and research, and worked with partners to fill data gaps. The GBEP collaborated with local stakeholders to create watershed-protection plans and to implement water quality projects. Its staff also continued to develop the Back to the Bay campaign, which strives to increase public awareness and stakeholder involvement and to reinforce the priorities of the Galveston Bay Plan.
In fiscal 2013 and 2014, about 2,878 acres of coastal wetlands and other important habitats were protected, restored, and enhanced. Since 2000, the GBEP and its partners have protected, restored, and enhanced a total of 24,268 acres of important coastal habitats.
Through collaborative partnerships established by the program, $7.26 in private, local, and federal contributions was leveraged for every $1 the program dedicated to these projects.
During fiscal 2013 and 2014, the CBBEP implemented 65 projects, including habitat restoration and protection in areas totaling 6,675 acres. Based in the Corpus Christi area, the CBBEP is a voluntary partnership that works with industry, environmental groups, bay users, local governments, and resource managers to improve the health of the bay system. In addition to receiving program funds from local governments, private industry, the TCEQ, and the EPA, the CBBEP seeks funding from private grants and other governmental agencies. In the last two years, the CBBEP secured more than $8.5 million in additional funds to leverage TCEQ funding.
CBBEP priority issues focus on human uses, freshwater inflows, maritime commerce, habitat loss, water and sediment quality, and education and outreach. The CBBEP has also become active in water and sediment quality issues. CBBEP's goal is to address 303(d) listed segments so they meet state water quality standards.
Other areas of focus:
Of the 6,729 public water systems in Texas, about 4,640 are community water systems, mostly operated by cities. These systems serve about 96 percent of Texans. The rest are non-community water systems—such as those at schools, churches, factories, businesses, and state parks.
The TCEQ makes data tools available online so the public can find information on the quality of locally produced drinking water. The Texas Drinking Water Watch (http://dww.tceq.texas.gov/DWW/) provides analytical results from the compliance sampling of public water systems. In addition, the Source Water Assessment Viewer (www.tceq.texas.gov/gis/swaview) shows the location of the sources of drinking water. The viewer also allows the public to see any potential sources of contamination, such as an underground storage tank.
All public water systems are required to monitor the levels of contaminants present in treated water and to verify that each contaminant does not exceed its maximum contaminant level, action level, or maximum residual disinfection level—the highest level at which a contaminant is considered acceptable in drinking water for the protection of public health.
In all, the EPA has set standards for 102 contaminants in the major categories of microorganisms, disinfection by-products, disinfectants, organic and inorganic chemicals, and radionuclides. The most significant microorganism is coliform bacteria, particularly fecal coliform. The most common chemicals of concern in Texas are disinfection by-products, arsenic, fluoride, and nitrate.
More than 47,000 water samples are analyzed each year just for chemical compliance. Most of the chemical samples are collected by contractors and then submitted to a certified laboratory. The analytical results are sent to the TCEQ and the public water systems.
Each year, the TCEQ holds a free symposium on public drinking water, which typically draws about 800 participants. The agency also provides technical assistance to public water systems to ensure that consumer confidence reports are developed correctly.
Any public system that fails to have its water tested or reports test results incorrectly faces a monitoring or reporting violation. When a public water system has significant or repeated violations of state regulations, the case is referred to the TCEQ's enforcement program.
Enforcement Orders
Assessed Penalties
Offsets by SEPs
Note: The numbers of public water supply orders reflect enforcement actions from all sources in the agency.
The EPA developed the Enforcement Response Policy and the Enforcement Targeting Tool for enforcement targeting under the Safe Drinking Water Act. The TCEQ uses the Enforcement Targeting Tool to identify public water systems with the most serious health-based or repeated violations and those that show a history of violations across multiple rules. This strategy brings the systems with the most significant violations to the top of the list for enforcement action, with the goal of returning those systems to compliance as quickly as possible.
More than 95 percent of the state's population is served by public water systems producing water that meets or exceeds the National Primary Drinking Water Standards.
Public water systems are required to submit engineering plans and specifications for new water systems or for improvements to existing systems. The plans must be reviewed by the TCEQ before construction can begin. In fiscal 2013, the TCEQ completed compliance reviews of 2,003 engineering plans for public water systems. In fiscal 2014, the agency performed 1,696 such reviews.
Investor-owned utilities and water supply corporations are required to obtain certificates of convenience and necessity (CCNs) before providing service. A CCN is a state-issued TCEQ authorization that allows a retail public utility to furnish retail water or sewer utility service to a specified geographic area. Investor-owned utilities must also have an approved tariff that includes a rate schedule, service rules, an extension policy, and a drought contingency plan.
Until August 31, 2014, the TCEQ had original jurisdiction over the rates and services of investor-owned utilities; had appellate jurisdiction over the rates of water-supply corporations, water districts, and out-of-city customers of municipally owned retail public utilities; and had jurisdiction to issue, amend, or cancel a CCN.
On September 1, 2014, the TCEQ transferred responsibility for the water utility rate; the sale, transfer, and merger program; and the CCN programs to the Public Utility Commission of Texas. This transfer was required by the PUC's 2013 Sunset legislation (House Bill 1600, as summarized in Chapter Three). Rulemaking at the TCEQ will be required to delete most of Title 30, Texas Administrative Code, Chapter 291, with most of the water and wastewater utility jurisdiction being transferred to the PUC.
After the transfer, the TCEQ's remaining utility regulation is limited primarily to temporary management and receiverships of public water systems and water-availability determinations.
In fiscal 2013, the agency completed 162 CCN-related application reviews and 98 rate-related application reviews. In fiscal 2014, it completed 186 CCN-related application reviews and 181 rate-related application reviews.
The agency strives to ensure that all water and sewer systems have the capability to operate successfully. The TCEQ contracts with the Texas Rural Water Association to assist utilities with financial, managerial, and technical expertise. About 570 assignments for assistance to utilities were made through this contract in fiscal 2013, as were 591 assignments in fiscal 2014.
In addition to contractor assistance, the TCEQ certifies utilities as regional providers. With this certification, utilities are eligible for tax-exempt status for system construction and improvements. More than 400 utilities had been certified as regional providers, as of August 2014.
After September 1, 2014, the TCEQ retained its jurisdiction over the creation of, and bond reviews for, water districts such as municipal utility districts, water control and improvement districts, and freshwater supply districts.
The agency reviews the creation of applications for general-law water districts and bond applications for water districts to fund water, sewer, and drainage projects. In fiscal 2013, the agency reviewed 417 water-district applications; in fiscal 2014, 415 water-district applications.
The Texas Pollutant Discharge Elimination System (TPDES) was created in 1998 when the EPA transferred authority of the National Pollutant Discharge Elimination System for water quality permits in the state to Texas. This included stormwater permits.
As the permitting authority, the TCEQ has renewed the federal permits as they expired and developed new stormwater permits to conform to updated federal and state requirements. A permittee can obtain authorization for stormwater discharges through an individual or general permit.
The TCEQ receives thousands of applications a year for coverage under TPDES stormwater general permits. To handle the growing workload, the agency has incrementally introduced online applications for some of these permitting and reporting functions. The agency has also outsourced the management of incoming paper notices of intent (NOIs), notices of termination (NOTs), and no-exposure certifications (NECs) for some of these general permits.
Stormwater permits are issued under the categories of industrial, construction, and municipal.
The multi-sector general permit regulates stormwater discharges from industrial facilities. The permit groups similar industrial activities into sectors, with requirements specific to each of 29 sectors.
Facilities must develop and implement a stormwater pollution prevention plan, conduct regular monitoring, and use best management practices to reduce the discharge of pollutants in stormwater. The permit also contains limitations for certain discharges—specific pollutants and concentrations that cannot be exceeded. The TCEQ receives about 160 NOIs, NECs, and NOTs a month for industrial facilities. This general permit was renewed and amended in August 2011.
The construction general permit was developed for stormwater runoff associated with construction activities, which includes clearing, grading, or excavating land at building projects such as homes, schools, roads, and businesses. The size of a construction project determines the level of regulation. Construction disturbing five or more acres is labeled a "large" activity, while construction disturbing one to five acres is termed "small."
Smaller projects are also regulated if they are a part of a larger common plan of development or sale covering more than one acre. Construction operators at large sites are required to apply for coverage under the general permit by filing an NOI. Operators at small sites must meet permit requirements, but are not required to submit an NOI. The TCEQ receives about 864 NOIs and 300 NOTs a month for large construction activities. This general permit was reissued in March 2013. After reissuance, the TCEQ received about 4,300 NOIs for renewal and 3,200 NOIs for new authorizations.
|Number Affected
|Applications Received
(mo. ave.)
|Applications Received
Fiscal 2013
Fiscal 2014
Fiscal 2013
Fiscal 2014
Fiscal 2013
Fiscal 2014
Industrial (facilities)a
Construction (large sites)b
MS4s (public entities)c
a Includes No Exposure Certifications (NECs).
b The Construction General Permit numbers reflect the permit renewal that was conducted in fiscal 2013.
c The Phase II Municipal Separate Storm Sewer System (MS4) General Permit was renewed in December 2013. The renewal period ended on June 11, 2014. Applications received from January—August 2014 and will be issued in fiscal 2015. This includes waivers that were submitted.
The TCEQ also regulates discharges from municipal separate storm-sewer systems (MS4s). This category applies to a citywide system of ditches, curbs, gutters, and storm sewers that collect runoff. It also includes other publicly owned systems, such as controls for drainage from state roadways.
The TCEQ is responsible for renewing previously issued individual federal permits for discharges from medium and large MS4s. These systems are operated by cities and other public authorities, such as the Texas Department of Transportation, in areas in which the 1990 U.S. Census showed a count of 100,000 people or more. Thirty-three municipalities and other public authorities fall into this category. The TCEQ has issued 26 individual MS4 permits to medium and large MS4s. Some of these entities are permitted together under one permit.
The general permit regulating small MS4s located in urbanized areas was reissued in December 2013. The permit requires a regulated MS4 operator to develop and implement a stormwater management plan than includes minimum requirements for public education, outreach and involvement; minimum control measures for illicit-discharge detection and elimination; control of construction stormwater runoff; post-construction stormwater management; and pollution prevention and good housekeeping. In addition, MS4s serving a population of more than 100,000 need to address industrial sources. After reissuance of the permit, about 680 NOIs (new authorizations and renewals) and 60 applications for waivers were received.
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It's no secret that Texas is the envy of people across the world.
Over 1,000 people move to Texas each day in hopes of finding their own piece of the American Dream.
We are blessed with one of the most successful economies of the 21st Century, and to keep the Texas Miracle alive, we must continue to be good stewards of our abundant natural resources in balance with the needs of our state's diverse population and thriving business climate.
Working in stride with the Legislature, the men and women of the Texas Commission on Environmental Quality have fostered a safe, healthy environment that will be a blueprint for our state's success story for the future.
Each Texan will play a role in building the framework for success. That's why the TCEQ redoubled its efforts with the Take Care of Texas campaign to highlight what Texans – big and small – can do to conserve.
With landmark innovations in technology, the growth of the energy sector shows no signs of slowing. The TCEQ will continue to play an integral role in ensuring that the air we breathe and water we drink are safe for our families, our children and grandchildren.
With far more air toxics monitors than any other state in America, Texas has built upon its success in improving air quality and holding bad actors accountable. From 2000 to 2012, NOx emissions dropped 63 percent, while ozone levels decreased 23 percent. In fiscal 2013, the TCEQ issued almost 2,200 administrative orders resulting in more than $12.6 million in penalties and another $2.7 million for Supplemental Environmental Projects.
In the shadow of this historic drought, the TCEQ worked proactively and responsibly to administer water rights, protect water quality, and collaborate with municipalities and water districts to develop contingency plans before it is too late.
The agency will also rely on sound scientific data and research to oppose any unnecessary overreach by the EPA. The EPA's new greenhouse gas rules will cause the shutdown of coal-fired plants and decimate their workforce, increase electric rates, and endanger the state's electric grid – without significant health benefit to the citizens of Texas.
Lastly, should a natural disaster or catastrophic event happen – the TCEQ will be ready.
Each employee of the TCEQ plays a part in the success that Texas has achieved in protecting our natural resources. From executive leadership to engineers, from hydrologists to administrative staff, from emergency teams to regional directors – the TCEQ will continue to protect our health and environment first and foremost because we are Texans too.
Texas is the greatest state in the greatest nation in the world. We will continue to serve her and ensure that the Lone Star State remains the best place to live, work, and raise a family.
Bryan W. Shaw, Ph.D., P.E., Chairman
Toby Baker, Commissioner
Zak Covar, Commissioner
The Texas Commission on Environmental Quality strives to protect our state's public health and natural resources consistent with sustainable economic development. Our goal is clean air, clean water, and the safe management of waste.
To accomplish our mission, we will:
As the state's leading environmental agency, the Texas Commission on Environmental Quality is engaged with every region of the state, from the heartland to the most remote areas. Agency employees in the Austin headquarters and 16 field offices are immersed every day in a wide spectrum of issues related to air and water quality, water supply, and waste management.
The agency is also active in promoting pollution prevention and educating Texans about protecting the environment.
The fiscal years of 2013 and 2014 found the TCEQ dealing with familiar but important issues, such as the ongoing drought, but also with new challenges, such as rapidly escalating oil and gas production in South Texas. In addition, the agency experienced internal changes with some personnel shifts at top levels.
All of these activities occurred against a backdrop of the state's fast-growing population and booming economy, which add complexity to environmental protection. The TCEQ responded with initiatives adapted to the changing times and challenges, and a continued dedication to protecting public health and the state's natural resources.
Chairman Carlos Rubinstein was named chairman of the Texas Water Development Board by Gov. Rick Perry. After his departure in the fall of 2013, the TCEQ saw a reshuffle of some top positions.
In January 2014, the governor chose Zak Covar to fill the remainder of Rubinstein's term, which expires in September 2015, thereby becoming one of three full-time commissioners.
Covar, who joined the agency in 2009, had most recently been the TCEQ's executive director, which put him in charge of the agency's day-to-day operations and policy implementation. As executive director starting in May 2012, Covar revamped the agency's Take Care of Texas program and put more emphasis on educational outreach.
In previous state service, Covar had been the environmental and natural resources policy adviser to the governor, chief committee clerk for the Texas House Environmental Regulation Committee, and chief of staff to State Rep. Dennis Bonnen.
On the commissioners' dais, Covar joined Chairman Bryan W. Shaw, Ph.D., P.E., for whom Covar was executive assistant when he first joined the agency, and Toby Baker. Shaw was appointed commissioner in November 2007, coming from Texas A&M University, where he taught courses on air-pollution engineering. Baker was appointed commissioner in April 2012 for a term to expire in 2017. He came from the Governor's Office, where he was a policy and budget adviser on energy, natural resources, and agriculture. He was also the governor's liaison with several state agencies.
With an empty seat at the agency helm, the commissioners named Richard A. Hyde, P.E., as the new executive director. Hyde had served as deputy executive director since 2012. He has been with the agency since 1992, having worked in managerial positions in the Office of Compliance and Enforcement, the Office of Permitting and Registration, and the Air Permits Division.
The position of deputy executive director was filled by Stephanie Bergeron Perdue.
In recent years, Texas has been a leader in jobs and economic growth, thanks in large part to the boom in oil and gas exploration and production. The expansion of this sector was stimulated mainly by hydraulic fracturing (fracking) and improved techniques for horizontal drilling. Much of this activity has been concentrated in the Eagle Ford Shale, an area that encompasses 24 counties and extends from the Mexican border between Laredo and Eagle Pass through counties east of Temple and Waco.
In Texas, the shale boom began in 2008 with the Barnett Shale formation, in North Texas, followed by the Eagle Ford Shale, in South Texas. This energy bonanza has created more than 100,000 jobs and added billions to the economy. At the same time, questions arose about the consequences on the environment.
The TCEQ plays an important role in oil and gas fields by regulating emissions and ensuring air quality. This role has required the agency to be fully engaged in monitoring, investigations, and enforcement activities at Eagle Ford Shale. The methodology was an outgrowth of the experience first gained in the Barnett Shale.
Since 2008, the TCEQ has heavily monitored the oil and gas activities in the Barnett Shale, which covers more than 5,000 square miles in and around the Dallas–Fort Worth area. Initial environmental concerns were raised about operations in the Barnett Shale, but those later subsided as a network of 24-hour, near real-time automated gas chromatograph monitors came online and posted results on the TCEQ website. Monitoring millions of measurements each year, the TCEQ has found no cause for alarm.
Similarly, monitoring data at Eagle Ford has provided further evidence that overall shale-play activity does not significantly affect air quality or pose a threat to human health. This conclusion was based on several million air-monitoring data points for volatile organic compounds and other air pollutants that the TCEQ collected.
While improperly operated facilities can result in temporary, local, unauthorized emissions, there are no indications that these emissions are of sufficient concentration or duration to harm residents of Barnett or Eagle Ford shales.
In the Eagle Ford Shale, the TCEQ has two fixed VOC monitors, in Floresville and Laredo, neither of which has detected levels of concern for VOCs. (Update: The TCEQ plans to install a third monitor in Karnes County in fiscal 2015.) Additional fixed-site monitors measuring other air pollutants such as ozone, nitrogen oxides, and particulate matter are located in Laredo (Webb County), Eagle Pass (Maverick County), Cuero (DeWitt County), Victoria (Victoria County), and Fayetteville (Fayette County). Concentrations of these pollutants have remained below the national ambient air quality standards set by the Environmental Protection Agency (EPA). Also, the TCEQ has contracted with the University of Texas to conduct mobile monitoring upwind and downwind of the Eagle Ford Shale.
Using infrared imaging cameras mounted on aircraft, the TCEQ has conducted two extensive aerial surveys of the Eagle Ford Shale to spot VOC emissions. In mid-2013, the flyovers collected 286 aerial video images. More than 10,000 individual tanks were surveyed; of those, about 5 percent were found to have some degree of emissions, either authorized or unauthorized. Follow-up investigations were conducted at facilities with observed emissions to determine compliance with authorizations and regulations.
Since 2011, staff has also conducted regular ground-based investigations throughout the Eagle Ford Shale, often using handheld infrared imaging cameras. These proactive measures identify problems and are used to follow up on complaint investigations.
From September 2012 to August 2014, the TCEQ conducted more than 1,000 investigations (including complaint, routine compliance, and reconnaissance investigations) related to oil and gas activities at the Eagle Ford Shale. As drilling activities increased, so did the issuance of formal notices of violation, which reached 174 in the same period. In addition, the agency issued 27 administrative orders. These orders assessed about $349,000 in administrative penalties and required corrective actions related to the Eagle Ford Shale oil and gas activities.
From September 2012 to August 2014, the TCEQ conducted 152 investigations in response to 198 complaints received about various issues associated with oil and gas drilling in the Eagle Ford Shale. Of those, 96 were for odor or air issues. The remaining complaints were related to spills, dust (traffic or construction concerns), waste or water quality issues. About 17 percent of the complaints received by the TCEQ, including some of those related to odor and air issues, were referred to other, more appropriate state agencies or to local governmental entities that have jurisdiction over aspects of oil and gas activities.
The rapid acceleration of oil and gas activities in the Eagle Ford Shale has also generated concerns regarding traffic, road maintenance, housing for workers, water usage, and drilling waste. All of these issues are being addressed at various levels by industry and local, state, and federal governments.
Meanwhile, the TCEQ is working diligently to make sure that air emissions are monitored and controlled. Teaming up with the Railroad Commission and other state agencies, the TCEQ has devoted significant resources to make sure its responsibilities are met.
Texas is known for pushing the envelope when it comes to using technology to protect the environment.
Since the TCEQ acquired its first GasFind infrared (IR) camera in 2005 to track down and monitor air emissions, these cameras have become an indispensable part of the agency's technological toolbox. Twelve of these cameras are now deployed.
The IR cameras are in demand because they make fieldwork much more efficient. That is because the high-tech cameras "see" infrared light that is invisible to the naked eye. A special filter allows the camera to visualize the absence of infrared energy at the wavelengths absorbed by hydrocarbon vapors. This spectrum includes VOCs, with which the TCEQ is largely concerned. The camera shows these emissions as a light or dark plume, depending on temperature settings.
During compliance investigations, the cameras can show whether flare pilot lights are lit, valves and flanges are leaking VOCs, or emission sources have gone undetected.
TCEQ regional offices use the cameras for many purposes. In Beaumont, for example, residents were complaining about odors in one area, but the source could not be located. With the IR camera, staff discovered a facility where the storage tanks had bad seals, and VOCs were being vented into the atmosphere. The facility repaired the tanks.
The IR cameras are often used in complaints and investigations of oil and gas facilities. With the cameras, staff can tell from a distance whether equipment is operating as expected. The cameras have also been mounted on helicopters for airborne surveys over large areas.
In the highly industrialized Houston region, investigators use the cameras almost every day, performing field reconnaissance and on-site investigations. From outside a fence line, camera operators scan the facilities for unreported or underreported VOC emissions. Facility operators are generally open to looking at what the cameras have found and acting on that information. Discovering a flare that is not combusting to maximum efficiency will prompt the facility operator to fine-tune the flare to obtain the highest combustion rate, which results in the lowest level of emissions.
Many refineries and other large plants in Texas have purchased IR cameras and use them to reduce emissions.
Since 2009, drought has persisted throughout much of Texas. Even when periodic rains arrive, residents in each region are aware how quickly conditions can turn critical again.
Drought results from lower-than-normal rainfall and higher-than-normal temperatures. Texans have seen firsthand how this combination of factors can punish landscapes and crops, and bring public water systems to the brink of crisis.
Some municipalities have seen long-term planning pay off, as they employed innovative ways to extend water supplies. In other areas, water shortfalls have been so rapid and severe that those systems have had to call for outside help to avoid critical water shortages.
In all cases, the TCEQ, other state agencies, and state officials are prepared to help public water systems meet the primary needs of their customers for safe drinking water and sanitation.
Parts of South Texas have suffered from prolonged and extreme drought conditions, resulting in lower flows in certain segments of the Rio Grande. Irrigation districts in the Rio Grande Valley, in conjunction with the TCEQ's Rio Grande watermaster, manage a series of canals that deliver water to their customers, including municipalities and agricultural interests.
While these municipalities have adequate supplies to meet basic needs, more water is required to push these supplies down the canals for delivery. The lack of rain, along with inadequate releases from Mexico, has raised concerns about municipal deliveries.
In 2013, the TCEQ began hosting meetings to address these problems. Staff joined the EPA, the North American Development Bank, and the Texas Department of Emergency Management to confer with district and municipal operators, as well as local officials. The resulting forum saw a broad-range discussion on the ways irrigation districts can work together to implement a regional approach for avoiding shortages.
As for Mexico, that country's failure to consistently deliver water in accordance with the 1944 Water Treaty has had a significant impact on South Texas water users. See Chapter Three, "Rio Grande Compact Commission."
Water has always been a precious commodity in West Texas. When its reservoirs were reduced to mud patches in 2011, the Colorado River Municipal Water District (CRMWD) was already planning to increase supplies by drilling more groundwater wells, installing a pipeline, and constructing a new facility to enhance raw-water supplies in Big Spring.
The new raw-water production facility now captures treated municipal effluent from the City of Big Spring and conducts additional advanced treatment before blending it with raw surface water in the delivery system. It is then treated by conventional surface-water treatment plants. In 2013, the TCEQ approved the facility to add treated water to a raw-water pipeline that carries the blended water to five downstream conventional surface-water treatment plants. As treated water from the facility began to be added to the raw-water pipeline, according to the CRMWD, the initial output was an estimated 2 million gallons per day.
Because the blended water from the CRMWD Raw Water Production Facility is treated downstream at conventional surface-water treatment plants, the facility's treatment goals are to produce water with a quality equivalent to—or better than—the raw surface water with which it is blended.
Other water providers around the state have also explored the potential for similar direct-potable reuse projects.
With drought a near-constant companion, Texans have found that they need to think differently about water. Many communities have implemented water restrictions according to their drought contingency plans and urged customers to make wiser water-use choices. Individuals have taken actions to conserve water in homes and gardens. Businesses realize the need to plan for more efficient water use by reducing demand and recycling water, where possible.
The TCEQ encourages water conservation at all levels and delivers technical assistance to systems where water supplies may be depleted. It also relies on agency partners to help public water systems meet the needs for clean, safe, and reliable drinking water and sanitation. Other agencies, such as the Texas Department of Agriculture and the Texas Water Development Board, have made grants or low-interest loans available to communities needing to fund projects such as drilling new wells, moving intakes, or connecting with other suppliers.
This coordinated effort makes better use of taxpayer dollars by reducing duplication, and opens doors for further collaboration in data sharing and collection.
While no one can predict with certainty what the weather will do, this state's fast-growing population makes water planning essential. The TCEQ has built relationships to find solutions in the years ahead, whatever the forecast.
The TCEQ's Take Care of Texas program encourages Texans to adopt wise environmental practices to help keep the air and water clean, conserve water and energy, reduce waste, and save money. In 2013, the TCEQ expanded the program by adding a new team member. The agency tapped country recording artist Kevin Fowler to produce public-service announcements promoting the Take Care of Texas program and urging all Texans to conserve water and keep the air clean.
The first campaign included the Texas Parks and Wildlife Department (TPWD), which contributed the video production and filmed the television PSA at Guadalupe River State Park. The TV and subsequent radio PSAs featured an original jingle written and performed by Fowler, who donated his songwriting and performing talents.
The announcements, sponsored by both the TCEQ and the TPWD, urged everyone to get outdoors and enjoy Texas' clean air, rivers, lakes, and bays and to visit state parks. The PSAs also encouraged everyone to visit TakeCareOfTexas.org and pledge to conserve water and energy. Those who pledge receive a Texas State Park Guide and a Take Care of Texas bumper sticker.
From June 3 to Aug. 23, 2013, the radio and TV spots aired 17,302 times for a value of $580,809, of which the TCEQ paid only $105,010. TV and radio stations across the state donated the remaining $475,799 of airtime to support the conservation cause.
In a second campaign in 2014, the TCEQ and Kevin Fowler produced a radio PSA using the same jingle and altering the message slightly to encourage Texans to do their part to keep the air clean. The PSA played on country-music stations from May 5 to July 20, with a total of 5,889 spots valued at a total of $170,927. Of that, the TCEQ paid $94,663; radio stations across the state donated the remaining $76,264 of airtime.
In addition to the PSAs, the TCEQ produced "making of" videos about shooting the TV PSA and recording the second radio PSA. Links to both videos, as well as the PSAs, can be found on TakeCareOfTexas.org and the TCEQ's YouTube page.
From June 2013 to May 2014, the Take Care of Texas website received almost 21,000 visits, resulting in 3,060 pledges from participants who want to do their part for a cleaner Texas. Much of this website traffic was credited to the PSA campaigns.
The TCEQ maintains an ongoing effort to improve its online presence and to prove that the Web is an effective way to educate the public while advancing government transparency. With a website that encompasses about 12,650 Web pages and 79,500 documents, the agency strives on a continuous basis to increase functionality and to smooth navigation.
In 2013, the TCEQ unveiled an updated Web design that supports online viewing on desktop, tablet, or mobile devices.
Total website visits: 2.2 million
The 8 countries generating the most visits (in order): USA, India, Canada, Philippines, United Kingdom, Mexico, Malaysia, Australia
The 8 cities generating the most visits (in order): Austin, Houston, San Antonio, Dallas, Fort Worth, Waco, College Station, Plano
The 7 Web pages receiving the most visits (in order): home page, licensing, jobs, water quality, business permitting requirements, forms search, air quality
Reach: Every country had at least one visitor to the TCEQ website, with the exception of Greenland and the Central African Republic
Languages: Of all visitors, 3,000 had their browser's primary language set to Spanish, 3,000 to Chinese, 1,200 to French, 900 to Japanese, and 650 to Korean.
Search ranking: The TCEQ site ranked 20,049 out of more than 30 million website domains worldwide.
Sources: Google Analytics and SiteInSEO.com
The TCEQ continues to develop new online applications and Web pages for the regulated community and the general public. Any Web user can now apply for permits and registrations, renew licenses, submit regulatory reports, file documents, submit comments, and pay fees, penalties, and other assessments through the TCEQ's e-Services.
All told, 23 online processes are currently available to the public and anyone doing business with the TCEQ. Being able to accept information electronically has provided multiple benefits to both the customers and the TCEQ, such as reduced paperwork and overall improved efficiencies and accuracy of the information processed. Quality-assurance data checks are performed prior to customer submissions.
While the TCEQ's main duties are regulatory, providing information and education resources to the general public is also a major responsibility. To bolster transparency, the agency has enabled Web users to review air and water quality data, enforcement reports, and the status of permits and registrations. Users may also submit and review environmental complaints online. View environmental data, including air and water quality, enforcement reports, and permit status.
Though text messaging, the agency has further expanded its online resources by offering automatic alerts to anyone wanting immediate updates from many TCEQ programs. At no charge, subscribers receive notifications by e-mail or text messaging for more than 160 topics. Sign up for e-mail or text alerts.
The TCEQ has joined an increasing number of state agencies that have expanded their online presence by using YouTube and other social-media sites, including Twitter and Facebook.
In 2013, the agency used these resources to promote its revamped Take Care of Texas program. After the rollout of public-service announcements and a catchy new jingle, the program saw an upsurge in participation. More than 1 million TCOT publications and materials were mailed to individuals wanting to do their part to conserve water and energy.
Through the YouTube channel TCEQNews, viewers can see informational videos on a wide range of subjects, including the tools used to monitor air quality, how to build a rain barrel, and the inspiring winners of the Texas Environmental Excellence Awards.
TCEQNews is also the name of the agency's official Twitter account, through which followers can learn about the latest news releases and follow posts from agency officials.
Using social media has allowed the agency to reach more people, including those who might not have been familiar with the scope of the agency and its responsibilities.
Many chemicals exist in the environment, both man-made and naturally occurring. Chemical risk assessments evaluate the impact those chemicals could have on human health, focusing especially on the type and severity of health problems a chemical might cause.
The TCEQ relies on its Toxicology Division to help make scientifically sound decisions when developing environmental regulations and policy. On any given day, the agency's 16 toxicologists might assess whether the chemical emissions proposed in an air permit would be safe; evaluate whether the chemicals detected in the ambient air of a certain location might cause adverse health effects or a nuisance; determine whether the chemical contamination of a given industrial or residential site could cause adverse health effects; or help the agency's Remediation Division decide whether a site needs to be cleaned up, based on risk to human health.
Determining how any chemical reacts in a human body is a complex, case-by-case enterprise. What could potentially harm a child may or may not affect a 300-pound man. There is variation in how any human being will absorb, metabolize, or excrete a harmful compound. Further, factors such as genetic makeup, lifestyle, and even the location of an individual's residence play a part in how any chemical travels through a human body.
In the last 20 years, techniques for evaluating the harmful effects of chemicals have become more advanced, particularly when it comes to the effects on human cells. The field of toxicology has come to understand more about the human body and how it responds to chemical exposures. The Toxicology Division has been reviewing the way risk assessments are conducted to better incorporate this new knowledge and to make risk assessments more realistic and predictive.
As Texas gains more people and businesses, toxicologists have begun to focus on how both can interact—without detriment to human health. In the case of expanded natural-gas drilling, the TCEQ took the lead by conducting air quality studies in Houston, Midlothian, Dallas–Fort Worth, Corpus Christi, and the Barnett and Eagle Ford shale areas. In spite of the increased well activity, studies have shown only slight increases in levels of air pollution and no indication of adverse health effects.
For its toxicology work, the agency has received national and international recognition. TCEQ studies on the risk to human health posed by nickel, 1,3-butadiene, arsenic, and chromium have been published in the journal Regulatory Toxicology and Pharmacology. In 2014, the TCEQ hosted the annual Alliance for Risk Assessment seminar, which drew toxicologists from the United States and Canada. This marked the third time the agency has hosted the workshops since 2010.
The TCEQ has also taken the lead in formulating scientifically sound, state-of-the-art guidelines for developing toxicity factors. Staff has worked to identify risk with methods that are predictive and useful. In this way, the agency plays a critical role in the changes being effected within the risk-assessment community. Doing risk assessment accurately is imperative in helping to decide where to place limited resources. For example, water quality and quantity are much more of a risk for Texas than air quality.
For the 22nd consecutive year, the TCEQ's Trade Fair and Conference drew participants from around the state to attend classroom sessions and view exhibits on topics related to air, water, and waste management. Attendance in May 2014 topped 4,000 and included CEOs, environmental compliance officers, and engineers, as well as representatives from cities and counties.
The Trade Fair is the state's premier environmental educational forum. The three-day event offers not only educational opportunities but also a chance to view the latest technology, get answers to regulatory questions, and network with colleagues in various environmental fields. The 2014 conference, held at the Austin Convention Center, featured more than 100 classroom sessions and a large hall packed with 365 exhibits offered by contractors, equipment vendors, engineering firms, laboratories, and suppliers.
More than one-fifth of attendees were engineers. They and other professionals were able to earn continuing-education credits to help fulfill their license requirements. Two of the presentations, for example, featured ethics training for engineers and geoscientists. TCEQ staff and other professionals led the classroom sessions. Many attendees said they appreciated that the conference is Texas-specific, targeting environmental issues that are both timely and close to home.
At a mid-day luncheon, attendees heard TCEQ commissioners discuss priority issues, such as demands related to the expanding oil and gas industry. An evening banquet featured an address by Gov. Perry and the presentation of the Texas Environmental Excellence Awards.
During the regular legislative session in 2013, state lawmakers considered 774 bills that had the potential to affect the programs and activities of the Texas Commission on Environmental Quality.
Of those, about 114 bills were passed and became law. These measures required the agency to make rules, revise guidance documents, change operations or procedures, or take administrative actions.
In contrast to gaining new legislative duties, the TCEQ actually had to shed a few programs related to water utilities. Those programs and staff personnel shifted to the Public Utility Commission of Texas.
This chapter summarizes some of the key legislation resulting from the 83rd Legislature.
Since its creation in 2001, the Texas Emissions Reduction Plan has distributed financial incentives to reduce emissions of on-road and nonroad vehicles and equipment. TERP has also provided grants for developing new emissions control technology and for other research and development.
Senate Bill 1727 revised some of the criteria for existing incentive programs and established new programs under TERP. The law also revised some funding-allocation formulas.
TERP grant applications are accepted at different times throughout the year, depending on available funds. For an overview of the various programs, see "Major Incentive Programs" in Chapter Two.
Existing TERP programs:
New TERP programs:
In fiscal 2014, the commission adopted new and revised rules to implement all of these changes. Information on the various programs, as well as maps of the eligible areas, is available at www.terpgrants.org.
The Legislature granted the TCEQ the authority to formulate rules authorizing major sources of emissions of greenhouse gases, in accordance with federal law. House Bill 788 also authorized the agency to impose fees for such emissions to cover the costs of including emissions of greenhouse gases in existing permitting programs.
Greenhouse gases, as described in HB 788, include carbon dioxide, methane, nitrous oxide, and certain other chemicals. The Environmental Protection Agency began regulating greenhouse gases in 2010.
The TCEQ conducted rulemaking to include emissions of greenhouse gases in the Federal Operating Permits program (also known as Title V) and the Prevention of Significant Deterioration (PSD) portion of the New Source Review permitting program. The rules took effect in April 2014.
That same month, the agency submitted revisions to the State Implementation Plan to the EPA.
In June 2014, the U.S. Supreme Court issued an opinion that affected federal greenhouse gas permitting authority. Soon after, the TCEQ began evaluating the opinion rendered in Utility Air Regulatory Group v. Environmental Protection Agency.
HB 788 directs the TCEQ to repeal rules regulating greenhouse gases if authorization were to no longer be required under federal law. Once the full effect of the Supreme Court opinion has been determined, the TCEQ will conduct the appropriate rulemaking.
See updates on greenhouse gas permitting.
When the Legislature approved the sunset bill for the Public Utility Commission, extending the agency for another 10 years, it also assigned the PUC some new responsibilities.
On September 1, 2014, the TCEQ transferred its programs for regulating water and wastewater rates and certificates of convenience and necessity to the PUC. With those programs, the TCEQ also sent 20 full-time employee positions and authorized a cash transfer of approximately $1.6 million to the PUC, mostly to support costs associated with those positions in fiscal 2015.
Meanwhile, the TCEQ continues to regulate public drinking-water systems, wastewater systems, and water districts to ensure safe drinking water and environmental protection.
The PUC inherited the powers, duties, functions, programs, and activities relating to the utility regulation of water and sewer service, including the issuance and transfer of certificates of convenience and necessity, the determination of rates, and the administration of hearings and proceedings involving those matters. Rulemaking will be required by the TCEQ to delete most of Title 30, Texas Administrative Code, Chapter 291, which applies to the now-transferred jurisdiction of water and wastewater utilities. For its part, the PUC adopted rules to enable the migration of substantive rules regulating water and sewer utilities from the TCEQ. All related pending applications, orders, and other matters were transferred to the PUC.
Additionally, all pending cases at the State Office of Administrative Hearings that related to the transfer were moved to the PUC. Likewise, all pending lawsuits against the TCEQ involving appeals of TCEQ decisions affected by the transfer became the PUC's responsibility. The TCEQ agreed to cooperate with the PUC and the Attorney General in working on appeals of TCEQ decisions.
House Bill 1600 required the TCEQ and the PUC to enter into a memorandum of understanding to identify in detail the powers and duties to be transferred and to establish a plan to execute the transfer.
Cooperation between the two state agencies involved sharing relevant information and supporting each agency's functions under these areas:
In preparation for the transfer, TCEQ personnel documented extensive business and information-technology processes and other processes affected by the move of the utilities and rates programs, including functions related to public water systems, water quality, and districts that remain with the TCEQ but are affected by the transfer. The TCEQ gave the PUC an inventory, including volume and media type, of records associated with transferred programs in the TCEQ's Central File Room and archived at the State Library. All records associated with the transferred programs became records of the PUC. All other TCEQ records remain with the TCEQ.
The TCEQ and PUC each updated agency Web pages to supply information about the program changes, and coordinated comments and appearances at meetings and conferences attended by the regulated community and members of the public potentially affected by the transfer.
While the TCEQ had no contracts solely related to the programs transferred to the PUC, the agency does have a contract to assess and assist both public drinking water and wastewater systems in Texas to improve their financial, managerial, and technical capabilities (FMT). Contracting with skilled professionals, the TCEQ offers free FMT assistance to help public water and wastewater systems comply with regulations. The TCEQ and PUC entered into an inter-agency agreement regarding the wastewater and utility assessment and assistance portion of the current FMT contract. The PUC will provide FMT referrals to the TCEQ regarding wastewater and utility activities and will reimburse those activities and the TCEQ's proportional expenses for contract administration. The TCEQ will continue to directly manage the FMT contract and provide the contractor reports to the PUC. The inter-agency contract lasts for six months after the transfer effective date.
When the TCEQ issues a water-right permit, the permit holder is required to submit an annual report on water use. The agency uses this information to help manage the state's water resources, which is especially critical during a drought.
House Bill 2615 applies to any water-right permit holder who fails to submit the required annual report by March 1 of each year or fails to comply with the TCEQ's request for data on water use after the deadline.
The executive director is authorized to establish deadlines for submitting monthly water-use data.
HB 2615 established a penalty of up to $100 per day if a person holds a water-right permit of 5,000 acre feet or less per year, or $500 per day if a person holds a water right for more than 5,000 acre feet per year.
The law also specifies instances in which water-right holders could seek exemptions to permit cancellation based on nonuse, including cases where adjustments or suspensions are made by the executive director and are due to drought conditions.
After the legislation became effective September 1, 2013, the TCEQ:
In the legislative session, state lawmakers appropriated $5 million for legal costs in the water dispute between Texas and New Mexico. The two states are involved in litigation over the equitable distribution of water from the Rio Grande Basin. The terms for dividing the water are contained in the Rio Grande Compact, signed in 1939 by Texas, New Mexico, and Colorado, and subsequently approved by Congress (see Chapter Two, "Rio Grande Compact").
Historically, water apportioned under the Rio Grande Compact resulted in 57 percent of the water supply below the Elephant Butte Reservoir being delivered to New Mexico, and 43 percent being delivered across the New Mexico–Texas state line for Texas.
In January 2014, Texas asked the U.S. Supreme Court to enforce the interstate compact and require New Mexico to abide by the obligations set forth in the agreement to share water from the Rio Grande. Texas maintains New Mexico has breached its delivery obligation, saying the illegal diversions of water in New Mexico have ongoing harmful effects on the amount of water available for Texas. Moreover, the City of El Paso relies on the allocation for about half of its water supply.
The Supreme Court accepted the lawsuit, and New Mexico has filed a motion to dismiss. Texas filed a response to the motion and is awaiting a decision.
Legal and technical experts have been retained to ensure the protection of Texas' water supplies. The state expects to spend the $5 million appropriation during the 2014–15 biennium.
The TCEQ shares authority over most of the radioactive material in the state with the Department of State Health Services (DSHS). Before 2013, both agencies deposited certain fees collected from licensees into the Perpetual Care Account. The proceeds were to be used to mitigate abandoned radioactive materials or similar risks to public health.
Senate Bill 347 directed that the fees collected by the TCEQ go into a newly created Environmental Radiation and Perpetual Care Account. This fund will be used to support the Texas Low-Level Radioactive Waste Disposal Compact Commission, which was created in 2011. The fund is also intended to mitigate immediate radiation risks to public health and safety and the environment. The cap on both accounts was raised to $100 million.
The law also required the TCEQ and the DSHS to update their memorandum of understanding in regard to each agency's role in the regulation and oversight of radioactive materials. SB 347 also imposed some requirements on the disposal in Texas of certain low-level radioactive waste from states outside of the Texas Compact.
In response, the TCEQ proposed rulemaking to memorialize the updated memorandum, which the DSHS adopted earlier in 2014. The rulemaking would also update references in agency rules to reflect the new Environmental Radiation and Perpetual Care Account, and it would implement new requirements on imported waste from non-party states accepted for disposal at the Texas Compact disposal site in Andrews County. The rulemaking should be concluded by summer of 2015.
For more information on low-level radioactive waste disposal in Texas, see "Waste Management" in Chapter Two.
The Texas Commission on Environmental Quality has about 2,700 full-time employees, with more than a quarter working outside of the Austin headquarters. The agency has 16 regional offices, as well as three special-project offices.
These field offices give the TCEQ a statewide presence, enabling its staff to communicate firsthand with municipalities, businesses and industry, and community groups in all quarters of Texas.
The TCEQ's budgetary needs are based on the demands of state and federal laws concerned with protecting human health and the environment. The operating budget totaled $349.1 million in fiscal 2013 and $379.1 million in fiscal 2014.
The TCEQ's budgetary needs are based on the demands of state and federal laws concerned with protecting human health and the environment. The operating budget totaled $349.1 million in fiscal 2013 and $379.1 million in fiscal 2014. Most of the budget is supported from revenues collected from fees.
The TCEQ posts its quarterly expenditures online. The data is reported in broad categories, such as salaries, travel, utilities, and maintenance. The Web page also links to an expenditure database, called "Where the Money Goes," at the state comptroller's website. These online postings are in response to the Texas Legislature's call for greater accountability in state government.
The overall size of the TCEQ workforce remains fairly consistent. In fiscal 2013, the agency was authorized to have 2,761.2 full-time-equivalent (FTE) positions, and the average number of FTEs utilized was 2,613.61. In fiscal 2014, the authorized FTEs were 2,767.2; the TCEQ averaged 2,654.63 during that time.
The TCEQ staff is composed largely of professionals trained in science, technology, engineering, computer science, and related fields. In fiscal 2014, professionals represented 65.6 percent of the workforce; technical and administrative support staff made up 23.4 percent; and officials and administrators (managers) filled 11 percent of positions. This reflects almost no change in the distribution of job categories within the agency from fiscal 2012, with professionals up only 0.3 percent, technical and administrative support staff down 0.2 percent, and officials and administrators (managers) down 0.1 percent.
It is the TCEQ's policy to afford equal-employment opportunities to all employees and qualified applicants, regardless of race, color, religion, national origin, sex, sexual orientation, age, disability, genetic information, veteran status, or other status protected by law.
The agency is committed to recruiting, selecting, and retaining a multitalented, culturally diverse workforce that is representative of the state's available labor force. In accordance with the Texas Labor Code, Chapter 21, all employees are trained on equal-employment practices to make them aware of state and federal employment laws and regulations.
With regard to race and ethnicity, the agency's workforce composition in fiscal 2014 was 65.5 percent white, 10.7 percent black, 16.4 percent Hispanic, and 7.4 percent other (including Asian, Pacific Islander, American Indian, and Alaskan Native). With regard to gender, women continue to be in the majority at the TCEQ: female employees represented 52.1 percent; males, 47.9 percent.
Since 1999, the Legislature has required each state agency to analyze its workforce by ethnicity and gender. The TCEQ compares its workforce to the state civilian workforce using data provided by the Civil Rights Division of the Texas Workforce Commission. The TWC's report on equal-employment-opportunity hiring practices, which is published at the start of each legislative session, uses data sets based on the percentage of blacks, Hispanics, and females—by job category—within the civilian labor force in Texas.
In fiscal 2014, the TCEQ exceeded the percentage of the available black labor force in the job category of administrative support by 7.7 percent. The agency's female workforce exceeded the available female labor force in top management (officials and administrators/managers) by 1.9 percent, as well as in administrative support, by 18.9 percent.
The TCEQ continues its recruitment and retention efforts by emphasizing employee recognition, professional development, and workforce and succession planning. The agency also uses hiring programs, such as Express Hire, at recruitment events and Transitions Hiring for entry-level positions. In addition, the agency recruits at colleges and universities and administers the Mickey Leland Environmental Internship Program with a focus on summer internship opportunities for minorities, women, and economically disadvantaged students pursuing environmental, engineering, science-related, and public-administration careers at colleges and universities across the United States.
In the coming years, TCEQ officials anticipate several challenges as the agency strives to fulfill its mission and goals. In fiscal 2014, staff turnover was 12.2 percent, a slight decrease (0.25 percent) from fiscal 2013. The agency's turnover continues to fall below the overall average for full- and part-time classified employees at state agencies. The TCEQ will continue its efforts to attract and retain a qualified and diverse workforce.
In fiscal 2013, the agency's approved operating budget was $342.3 million. Of that, $286.5 million was appropriated from general revenue-dedicated (GRD) fee revenue, $42.2 million from federal funds, and $5.7 million from general revenue. Other sources provided the remaining $7.9 million.
In fiscal 2014, the approved operating budget totaled $379.1 million. Of that, $317 million was appropriated from dedicated fee revenue, $41.3 million from federal funds, and $11.5 million from general revenue. Other sources supplied the remaining $9.3 million.
Pass-through funds accounted for 36 percent of the agency's operating budget in fiscal 2013 and 38 percent in fiscal 2014. Pass-through funds primarily support grants, remediation, and reimbursements for other agency programs, such as the Texas Emissions Reduction Plan (TERP), the Clean Rivers Program, Petroleum Storage Tank cleanups, Superfund cleanups, and Municipal Solid Waste. The water and air programs also pass dollars on to local and regional units of government, but the amounts are not as significant.
Funds other than those passed through are devoted to day-to-day agency operations. Salaries accounted for 47 percent in fiscal 2013 and 43 percent in fiscal 2014. The remaining operating funds support professional services, supplies, utilities, rent, travel, training, and capital.
HB 1600 and SB 567 transferred the responsibility for regulating water and wastewater rates, services, and certificates of convenience and necessity from the TCEQ to the Public Utility Commission (PUC), effective Sept. 1, 2014. The bills appropriated the funding for the PUC's new responsibilities out of the Water Resource Management Account (0153). SB 567 allocated additional FTEs to the PUC to manage the water-rates program.
These bills increased the obligations of Account 0153, but did not increase revenue deposited to the account. Moreover, unlike other GRD accounts managed by the agency, this account does not have a strong fund balance. The revenue source used to fund the water-rates program is the Regulatory Assessment Fee, whose rate is set in Section 5.701(n) of the Texas Water Code. Any funding shortfalls associated with the transfer to the PUC will have to be covered by other water fees.
The TCEQ collects more than 100 separate fees. The fees listed below each generated revenue in excess of $22 million a year:
As a result of state legislation passed in 2013, a number of changes were made to the TCEQ's fees and funding structure, including the following:
The TCEQ enforcement process begins when a violation is discovered during an investigation at the regulated entity's location, through a review of records at agency offices, or as a result of a complaint from the public that is subsequently verified as a violation. Enforcement actions may also be triggered after submission of citizen-collected evidence.
In a typical year, the agency will conduct about 105,000 routine investigations and investigate about 4,000 complaints to assess compliance with environmental laws.
When environmental laws are violated, the agency has the authority in administrative cases to levy penalties up to the statutory maximum per day, per violation. The statutory maximum range is as high as $25,000. Civil judicial cases carry penalties up to $25,000 per day, per violation, in some programs.
In fiscal 2013, the TCEQ issued 2,182 administrative orders, which required payments of $12.7 million in penalties and about $2.7 million for Supplemental Environmental Projects, or SEPs. The average number of days from initiation of an enforcement action to completion (order approved by the commission) was 235.
In fiscal 2014, the TCEQ issued 1,708 administrative orders, which required payments of $10.1 million in penalties and $2.6 million for SEPs. The average number of days from initiation of an enforcement action to completion (order approved by the commission) was 235 days.
The TCEQ can also refer cases to the state attorney general. In fiscal 2013, the AG's office obtained 43 judicial orders in cases referred by the TCEQ or in which the TCEQ was a party. These orders resulted in more than $10.8 million in civil penalties and another $138,750 for SEPs. In fiscal 2014, the AG's office obtained 23 judicial orders, which resulted in $6.1 million in civil penalties. Since the beginning of fiscal 2014, the AG's office no longer approves SEPs.
Additional enforcement statistics can be found in the agency's annual enforcement report.
Orders that have been approved by the commission and have become effective are posted on the agency's website, as are pending orders not yet presented to the commission.
When the TCEQ finds a violation of environmental laws, the agency and the regulated entity often enter into an agreed administrative order, which regularly includes the assessment of a monetary penalty. The penalties collected do not stay at the agency, but instead go to state general revenue.
One option under state law, however, gives regulated entities a chance to direct some of the penalty dollars to local improvement projects. By agreeing that penalty amounts can be used for a Supplemental Environmental Project, the violator can do something beneficial for the community in which the environmental offense occurred. Such a project must reduce or prevent pollution, enhance the environment, or raise public awareness of environmental concerns.
The agency has a list of preapproved SEPs, which consists of projects that have already received general approval from the commission. The list includes nonprofits and governmental agencies that sponsor activities such as cleaning up illegal dump sites, providing first-time adequate water or sewer service for low-income families, retrofitting or replacing school buses with cleaner emission technologies, removing hazards from bays and beaches, and improving nesting conditions for colonial water birds.
A regulated entity that meets program requirements may propose its own custom SEP if the proposed project is environmentally beneficial and the party performing the SEP was not already obligated or planning to perform the SEP activity before the violation occurred. Additionally, the activity covered by a SEP must go beyond what is already required by state and federal environmental laws.
The Texas Water Code gives the TCEQ the discretion to allow local governments cited in enforcement actions to use SEP money to achieve compliance with environmental laws or to remediate the harm caused by the violations in the case. This compliance SEP may be offered to governmental entities such as school districts, counties, municipalities, junior-college districts, river authorities, or water districts.
Other than compliance SEPs, an SEP cannot be used to remediate a violation or any environmental harm caused by a violation, or to correct any illegal activity that led to an enforcement action.
Number of Orders
Penalties Paid
Orders with SEPs
SEP Funds
$12.7 million
$2.7 million
$10.1 million
$2.6 million
Since 2002, the agency has rated the compliance history of every owner or operator of a facility that is regulated under certain state environmental laws.
An evaluation standard has been used to assign a rating to more than 300,000 entities regulated by the TCEQ that are subject to the compliance history rules. The ratings take into consideration prior enforcement orders, court judgments, consent decrees, criminal convictions, and notices of violation, as well as investigation reports, notices, and disclosures submitted in accordance with the Texas Environmental, Health, and Safety Audit Privilege Act. Agency-approved environmental management systems and participation in agency-approved voluntary pollution-reduction programs are also taken into account.
An entity's classification comes into play when the TCEQ considers matters regarding not only enforcement but also permit actions, the use of unannounced investigations, and participation in innovative programs.
Each September, regulated entities are classified or reclassified to reflect the previous five years. Ratings below 0.10 receive a classification of "high," which means those entities have an "above-satisfactory compliance record" with environmental regulations. Ratings from 0.10 to 55.00 merit "satisfactory" for having "generally complied." Ratings greater than 55.00 result in an "unsatisfactory" classification because these entities "performed below minimal acceptable performance standards."
An entity with no compliance information for the last five years will not receive a classification and is therefore "unclassified."
September 2013
September 2014
Number of Entities Subject to
Compliance Rules
Number of Entities Subject to
Compliance Rules
In 2011, the TCEQ created the Critical Infrastructure Division within the Office of Compliance and Enforcement. This division combines elements from the OCE that are critical to the agency's responsibilities under the Texas Homeland Security Strategic Plan. The division seeks to ensure compliance with environmental regulations and, during disaster conditions, to support regulated critical infrastructures that are essential to the state and its residents. This duty includes not only responding to disasters but also aiding in recovery from them.
The division's programs are Homeland Security, Dam Safety, and Emergency Management Support.
The Homeland Security Section coordinates communications during disaster response with federal, state, and local partners; conducts threat assessments to the state's critical infrastructure; participates in the state's counterterrorism task forces; and coordinates the BioWatch program in Texas. The latter is a federally funded initiative aimed at early detection of bioterrorism agents.
The Homeland Security Section is also responsible for compliance at the disposal site for low-level radioactive waste in Andrews County. The operator of the disposal site is Waste Control Specialists, Inc. (radioactive-material license R04100). The site's compact waste facility was authorized to accept waste in April 2012.
The Homeland Security Section maintains two full-time resident inspectors at the low-level radioactive waste site to accept, survey, and approve the disposal of each shipment. Each disposal is documented in an investigation report. The following shipments of low-level radioactive waste were inspected and successfully disposed in the compact waste facility:
The Dam Safety Program monitors and regulates private and public dams in Texas. The program periodically inspects dams that pose a high or significant hazard and issues recommendations and reports to the dam owners to help them maintain safe facilities. The program ensures that these facilities are constructed, maintained, repaired, or removed safely.
High- or significant-hazard dams are those at which loss of life could occur if the dam should fail.
On September 1, 2013, a new state law exempted a large number of dams from the Dam Safety Program. These dams had to meet all of the following criteria:
As a result, the law permanently exempted 3,198 dams.
In 2014, Texas had 3,989 state-regulated dams; of those 1,097 were high-hazard dams and 470 were significant-hazard dams. The remaining dams were classified as low hazard.
As of August 2014, 95.8 percent of all high- and significant-hazard dams had been inspected during the past five years. About half of the inspected dams are in either "fair" or "poor" condition. The majority of owners have begun making repairs, as funds are available.
In addition to inspections, the Dam Safety Program conducts workshops—primarily for dam owners and engineers—on emergency action plans and dam maintenance. Emergency management personnel also attend. Three workshops were conducted in fiscal 2013, followed by three more in fiscal 2014.
In a state the size of Texas with its geographic and economic diversity, natural disasters or emergencies caused by human activities occur almost daily. Disasters, by nature, can have a widespread impact, while significant emergencies might occur at the same time but in different areas.
In an emergency or disaster, the TCEQ is the lead state agency for hazardous materials and oil-spill response. As such, it supports several other state emergency-management functions.
The TCEQ's responsibilities in a disaster align with the agency's mission—to protect human health and the environment. Those responsibilities also apply to the critical infrastructure facilities regulated by the agency, such as public water systems, wastewater-treatment plants, dams, and chemical and refining facilities.
The TCEQ's 16 regional offices form the basis of the agency's support for local jurisdictions addressing emergency and disaster situations. For that reason, disaster-response Strike Teams, organized in each regional office, serve as the TCEQ's initial and primary responding entity during a disaster within the respective regions. Team members come from various disciplines and have been trained in the National Incident Management System, Incident Command System, and TCEQ disaster-response protocols.
The agency's Emergency Management Support Team, based in Austin, was created to build greater disaster-response capabilities within each TCEQ region and to support the regions when necessary. The EMST will join the regional strike teams during a disaster response.
The EMST is also responsible for maintaining preparedness, assisting with the development of the strike teams in each region by providing enhanced disaster preparedness training, and maintaining sufficiently trained personnel so that response staff can rotate during long-term emergency events.
In addition, the EMST maintains enhanced disaster response equipment that can be deployed to any of the regions. This enables responders to conduct environmental monitoring, communicate with other responding jurisdictions or disciplines, and restore continuity of operations at any regional office hampered by a disaster.
For non-disaster emergencies, each region has an established rotation of personnel to respond to emergencies or, in some cases, dedicated emergency response teams.
The TCEQ only accepts regulatory data from laboratories accredited according to standards set by the National Environmental Laboratory Accreditation Program (NELAP) or from laboratories that are exempt from accreditation, such as a facility's in-house laboratory.
All laboratories accredited by the TCEQ are held to the same quality-control and quality-assurance standards. The analytical data produced by these laboratories are used in TCEQ decisions relating to permits, authorizations, compliance actions, enforcement actions, and corrective actions, as well as in characterizations and assessments of environmental processes or conditions.
TCEQ laboratory accreditations are recognized by other states using NELAP standards and by some states that do not operate accreditation programs of their own.
In August 2014, the number of laboratories accredited by the TCEQ was 281.
The TCEQ Houston Laboratory, which is NELAP-accredited, serves the agency's 16 regional field offices. The laboratory performs routine analyses that support the environmental-monitoring programs of the TCEQ, river authorities, and other environmental partners.
The Houston Laboratory supports monitoring operations for the TCEQ's air, water, and waste programs through laboratory analysis of surface water, wastewater, sediments, sludge samples, and airborne particulate matter for a variety of environmental contaminants.
The Houston Laboratory also analyzes samples collected as part of investigations conducted by the agency's Office of Compliance and Enforcement. The laboratory develops analytical procedures and performance measures for accuracy and precision, and maintains a highly qualified team of analytical chemists, laboratory technicians, and technical support personnel.
The laboratory generates scientifically valid and legally defensible test results under its NELAP-accredited quality system. Analytical data is produced using methods approved by the Environmental Protection Agency. The laboratory standards used for these methods are traceable to national standards, such as the National Institute of Standards and Technology and the American Type Culture Collection.
With the rapid transmission of electronic data, the TCEQ can upload results directly to program databases.
As a karst aquifer, the Edwards Aquifer is one of the most permeable and productive groundwater systems in the United States. The regulated portion of the aquifer crosses eight counties in south central Texas, serving as the primary source of drinking water for more than 2 million people in the San Antonio area. This replenishable system also supplies water for farming and ranching, manufacturing, generation of electric power using steam, mining, and recreation.
The aquifer's pure spring water also supports a unique ecosystem of aquatic life, including a number of threatened and endangered species.
Because of the unusual nature of the aquifer's geology and biology—and its role as a primary water source—the TCEQ requires an Edwards Aquifer protection plan for any regulated activity proposed within the recharge, contributing, or transition zones. Regulated activities include construction, clearing, excavation, or anything that alters the surface or possibly contaminates the aquifer and its surface streams. Best management practices must be used during and after construction to treat stormwater in the regulated areas.
Each year, the TCEQ receives hundreds of plans to be reviewed by the Austin and San Antonio regional offices. Since 2012, the agency has experienced a dramatic increase in the number of plans submitted for review as a result of increased development in both regions. The TCEQ reviewed an estimated 630 plans in fiscal 2013 and 750 plans in fiscal 2014.
In addition to reviewing plans for development within the regulated areas, agency personnel conduct compliance investigations to ensure that best management practices are appropriately used and maintained. The staff also performs site assessments before the start of regulated activities to ensure that aquifer-recharge features are adequately identified for protection.
The EPA has proposed disapproval of important components of Texas' 2009 Regional Haze State Implementation Plan (SIP), and will issue a Federal Implementation Plan (FIP) for Texas.
The proposed EPA Regional Haze FIP would target 14 Texas coal-fired power plant units, at a cost of more than $2 billion, for a negligible increase in visibility in Class One areas, such as national parks and wildlife areas. These costs would invariably be passed on to consumers, either directly or indirectly, and could have consequential impacts on the state's power grid.
It would require seven power plants to install additional emissions controls on specific units within a 3-5 year window. The power plants are Sandow 4 (1 unit); Martin Lake (3 units); Monticello (3 units); Limestone (2 units); Big Brown (2 units); Coleto Creek (1 unit), and Tolk (2 units). It would require San Miguel power plant to limit capacity to 94 percent.
The TCEQ maintains that its 2009 SIP meets all the EPA's criteria for approval. The TCEQ will evaluate the EPA's proposal and will provide additional comments to the EPA during the upcoming formal comment period.]]>