The Texas Commission on Environmental Quality (TCEQ) has released an updated draft rule for proposed changes to the agency’s Compliance History process. The updated draft rule proposal amends 30 Texas Administrative Code 60 to create a new subsection entitled 60.4 Site Reclassification Due to Exigent Circumstances. This classification would be effective immediately and last no longer than 30 days.
This new section would provide a process for the executive director to designate a site’s compliance history classification as “under review,” and to reclassify it 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.
Key points in the proposed rulemaking schedule:
- Anticipated proposal date: December 15, 2021
- Anticipated Texas Register publication date: December 31, 2021
- Anticipated public hearing date: January 27, 2022
- Anticipated public comment period: December 31, 2021 – February 1, 2022
- Anticipated adoption date: June 1, 2022
