The Texas Commission on Environmental Quality (TCEQ) has released the draft rule for proposed changes to the Compliance History process.

This rulemaking would revise Chapter 60, Compliance History, by adding new §60.4. This new section would establish a provision allowing the Executive Director to reclassify a site’s compliance history classification. Specifically, this new section would provide a process for the executive director to reclassify a site’s compliance history classification to “suspended” if the executive director determines that exigent circumstances exist due to an event at a site, such as a major explosion or fire, that significantly impacts the surrounding community and environment, causes emergency response efforts by federal or state authorities to address pollutants, contaminants, or other materials regulated by the agency, and results in certain urgent or grave consequences.

The proposed timeline for the rulemaking:

Anticipated proposal date: August 11, 2021
Anticipated Texas Register publication date: August 27, 2021
Anticipated public hearing date: September 21, 2021
Anticipated public comment period: August 27, 2021 – September 28, 2021
Anticipated adoption date: Winter 2022