Download Texas Commission on Environmental Quality

Texas Commission on
Environmental Quality
An Organizational Overview
Tony Walker
Director, DFW Region
Texas Commission on
Environmental Quality
 Mission Statement: The Texas Commission on
Environmental Quality strives to protect our
state’s human and natural resources consistent
with sustainable economic development. Our
goal is clean air, clean water, and the safe
management of waste.
Texas Commission on
Environmental Quality
 To accomplish our mission, we will:
 Base decisions on the law, common sense, good science, and
fiscal responsibility;
 Ensure that regulations are necessary, effective, and current;
 Apply regulations clearly and consistently;
 Ensure consistent, just, and timely enforcement when
environmental laws are violated;
 Ensure meaningful public participation in the decision-making
process;
 Promote and foster voluntary compliance with environmental
laws and provide flexibility in achieving environmental goals;
and;
 Hire, develop, and retain a high-quality, diverse workforce.
Texas Commission on
Environmental Quality
 Organizational Structure
 Commissioners - three full-time commissioners
appointed by the governor
 Executive Director
 Six Offices
 Office of Administrative Services
 Office of Compliance & Enforcement
 Office of Legal Services
 Office of Air
 Office of Waste
 Office of Water
Texas Commission on
Environmental Quality
Commissioners
- Chairman Bryan W. Shaw, Ph.D.
- Commissioner Carlos Rubinstein
- Commissioner Toby Baker
Executive Director – Zak Covar
Deputy Executive Director – Richard A. Hyde P.E.
Office of Administrative
Services
This office serves and supports agency personnel
and external customers, supplying the essential
administrative infrastructure required to maintain
business operations. The Office of Administrative
Services includes the following divisions: Budget
and Planning, Financial Administration, Human
Resources and Staff Development, Information
Resources, and Support Services.
Office of Compliance &
Enforcement
 Enforcement
 Critical Infrastructure
 Field Operations Support
 Field Operations Border & Permian Basin Area
Area Director: David Ramirez
 Field Operations Central Texas Area
Area Director: Susan Jablonski
 Field Operations North Central & West Texas Area
Area Director: Randy Ammons
 Field Operations Coastal & East Texas Area
Area Director: Kelly Keel
Office of Legal Services
This office manages legal services for the agency
in environmental law, enforcement litigation,
bankruptcy, and general agency operations. The
office gives legal counsel and support to the
executive director, the agency programs, and—
along with the general counsel and the public
interest counsel—the commissioners. The office
ensures that commission decisions follow the law,
and that rules we develop comply with statutory
authority and are applied consistently. The Office
of Legal Services includes the following divisions:
Environmental Law, General Law, and Litigation.
Office of Air
This office oversees all of our air permitting
activities. The office also implements plans to
protect and restore air quality in cooperation
with local, regional, state, and federal
stakeholders, and tracks progress toward
environmental goals, adapting plans as
necessary.
Office of Waste
This office implements federal and state laws
related to the regulation of aboveground and
underground petroleum storage tanks (PSTs);
generation, treatment, storage, and disposal of
municipal, industrial, low-level radioactive, and
hazardous wastes; and the recovery and processing
of uranium and disposal of byproduct. It also
oversees state cleanup of contaminated sites. The
Office of Waste includes the following divisions:
Permitting and Registration Support, Remediation,
Radioactive Materials, and Waste Permits.
Office of Water
This office works toward clean and available
water and is responsible for all aspects of
planning, permitting, and monitoring to protect
the state's water resources. The Office of
Water includes the following divisions: Water
Availability, Water Supply, Water Quality, and
Water Quality Planning.
DFW Region Office
 Consists of three program areas (Air, Water &
Waste) as well as Administration and
Administration Support.
 Limited resources considering the large
geographic area covered and population served
 Must be extremely efficient in the allocation
and use of resources
RBIS Introduction
 In December of 2003, the Executive Director of
the TCEQ initiated the Enforcement Process
Review.
 This was an extensive review of the Commission’s
entire Enforcement policies and procedures.
 One of the many recommendations was for the
Commission to focus its investigative resources on
those areas that pose the greatest risk to the public
and the environment.
 RBIS represents the entire investigation strategy
and process for Texas.
Texas Challenges
 261,797 square miles
 Population (2010): 25,145,561
 254 counties
 4 counties with over 1.5 million people
 Approximately 400,000 regulated entities
 Around 500 field investigators
RBIS Concept and
Approach
Two pronged approach
 Departure from routinely scheduled investigations.
 The first prong is the assessment of risk for facility
selection.
 The second prong is determining and conducting the
appropriate investigations based on risk.
 Full Compliance Evaluation, or
 Focused Investigation to address the noted risk
 Focused investigations at high-risk facilities or at highrisk areas within a facility can have a greater resultant
impact on the environment than routinely scheduled
investigations such as Full-Compliance Evaluations and
Comprehensive Compliance Investigations.
RBIS
Criteria 1 – Risk Based
 Consists of 6 elements with weighted risk
measures
Nature of Business
Nature of Pollutant (media specific)
Location
Unauthorized Emissions/Discharges and
Spill History
Investigation Frequency
Focused Interest
RBIS
Criteria 2 – Performance Based
 Based on a review of the current TCEQ
Compliance History rating, the following
adjustments will be applied to the overall
risk ranking.
High Performer (downward adjustment)
Average Performer (no adjustment)
Poor Performer (upward adjustment)
RBIS
Criteria 3 – Commitment Based
 Represent a subset of the entire universe.
These facilities will be inspected by the TCEQ
within the required agency frequency and
communicated to EPA.
Legislative Budget Board Commitments
EPA Commitments
RBIS Process
 Annually, using the risk-based criteria, each region
will assess the risk of the facilities in their
respective region by program.
 Regions will use this assessment to select facilities
for investigation.
 Generally, the facilities which are identified as the
highest risk will be scheduled for investigation
first. However, staff availability, complexity and
other factors will affect this.
 Facilities selected for investigation are further
assessed for possible focused investigation.
Risk Ranking and Customized
Investigation Strategies
 Applies resources to address the highest risk
 Identify entities that have a measurable
negative impact
 Provide investigators greater insight
 Focus investigative resources
 Expand coverage of the regulated universe
 Increases the agency’s on-site presence
 Emphasizes sample collection
 Emphasizes the use of monitoring equipment
Waste Program Investigative
Interest in FY12
 Waste acceptance investigations at
Municipal Solid Waste (MSW) Landfills
 The DFW Region has 23 permitted MSW Landfills and
over 5,000 generators of industrial and special solid
wastes.
 By investigating waste acceptance at landfills, we are
indirectly investigating how industrial and special solid
waste generators are classifying their wastes for disposal.
 When we conduct 23 landfill waste acceptance
investigations, we are regulating greater than 5,000
generators of industrial and special solid wastes.
Air Program Investigative
Interest in FY12 – Barnett Shale
 Keeping lines of communication open with all
affected parties
 Maintaining Master Sampling Database
 Continuing to respond timely to citizen complaints
 Identifying sites for in-depth investigation
 Continuing to respond to requests for monitoring
 Deploying additional AutoGCs
Water Program Investigative
Interest in FY12 – Drought/Water
Rights
 Increased temporary water rights permit
applications for irrigation and Barnett Shale related
activities
 Statewide Water Rights Tiger Team participation
 Regional water rights investigations for
unauthorized use of state water
 Increased on-demand activity related to PWS
water shortages
 Increase on-demand activity related to water and
wastewater line breaks
Conclusion
 RBIS is a logical, common sense approach for
Texas to address environmental risks and use
our limited resources wisely.
 RBIS allows TCEQ to focus on those facilities
that pose the greatest risk to the public and the
environment.
Contact Information
Tony Walker, R.E.M.
Region Director
DFW Region Office
[email protected]
817-588-5800