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Texas Commission on Environmental Quality
An Organizational Overview
Tony Walker
Director, DFW Region
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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.
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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.
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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
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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.
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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 Administrative Services
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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
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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.
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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.
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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.
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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.
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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
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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.
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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
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RBIS Concept and 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 high-risk 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.
Two pronged approach
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RBISCriteria 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
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RBISCriteria 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)
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RBISCriteria 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
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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.
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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
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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.
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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
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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
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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.
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Contact Information
Tony Walker, R.E.M.
Region Director
DFW Region Office
817-588-5800