TCEQ's changes in enforcement available for comment

By JULIET BRISKIN | Staff writer

Sept. 9, 2004 - In a report released in December 2003, the State Auditor's Office (SAO) outlined a variety of environmental law enforcement shortcomings on the part of the Texas Commission on Environmental Quality (TCEQ). Just prior to the release of the SAO report, the TCEQ announced plans for a review of its enforcement policies and procedures, and appointed a steering committee charged with drafting recommendations for change.

According to the TCEQ website, the review focused on the agency's use of criteria when considering enforcement actions; enforcement consistency across programs and regions; how the implementation and use of new compliance history requirements was proceeding; maximizing compliance with enforcement policies; and how to best benefit the environment with enforcement policies.

On Aug. 26, following months of review, public meetings, and draft reports, the TCEQ released the Enforcement Process Review Draft Final Report for consideration by commissioners. In addition, the Draft Final Report has been posted on the TCEQ website (www.tceq.state.tx.us/) and public comment is encouraged through Sept. 30, 2004.

Some of the most sweeping recommendations deal with the enforcement of environmental laws and increased penalties for violations. As an incentive to comply, the report recommends penalties that reduce any economic benefit of non-compliance and that firmly tie violations to appropriate consequences. To ensure prompt payment of penalties, the report suggests assessing interest charges on delinquent fees, utilizing a collection agency and the return of permit applications if the individual has any past due fees.

Since this is a draft report, and the TCEQ is still three-and-a-half months from presenting a final version, the commission, along with agriculture leaders throughout Texas are withholding comment as to the effects these changes may have on the industry.

"The TCEQ is refraining from speculating on how the possible changes might effect any specific industry," explained Adria Dawidczik, media relations spokesperson for TCEQ. "Right now the report is still in draft form and is open for public comment; that is really the focus right now."

McLennan County Cooperative Extension Agent Donald Kelm is taking a wait-and-see attitude as well, stating that it could be a year or more before any new rules become effective. In fact, the implementation timeline found in the draft final report estimates that statutory changes may take as many as 18 months from adoption to implementation, while the normal rulemaking process averages about 10 months.

"Until its set in stone and in a final version," asserted Kelm, "we just can't speculate how this will impact agriculture.