Pillsbury’s Anne Idsal Austin moderated a Federal Bar Association (Houston Chapter) panel dialogue with Erin Chancellor, Director of Lawful Companies at the Texas Fee on Environmental High-quality (TCEQ), and Sam Gammage, Common Counsel of the Texas Chemical Council (TCC), on Monday, April 18. The panelists introduced to bear their regulatory, legislative, and lawful know-how to talk about EPA’s improved emphasis on environmental justice (EJ) and Title VI, the TCEQ’s proposed compliance record rule, and the upcoming Sunset Evaluation of the TCEQ
Below are a number of essential takeaways from the discussion:
- Dialogue of the pending query of whether or not EPA possesses the statutory and regulatory authority to weigh EJ and cumulative influence fears when granting or denying a allow when all state and federal permitting specifications have or else been satisfied. EPA has not presented a definitive reply to this concern nonetheless, but it guarantees that advice on the matter is forthcoming.
- The compliance heritage rule proposal marks a alter at the TCEQ to a lot more immediately address a facility’s classification associated to an crisis or catastrophic celebration, which may well have permitting implications for all those services. This proposal was referenced together with the upward adjustment to the TCEQ’s penalty coverage as well as the implementation of SB 900 by way of TCEQ rulemaking following year.
- Sunset Review of the TCEQ is ongoing and is an rigorous time for the company and the controlled community. Educating legislators and their staffs is a considerable part of the system to guarantee a significant stage of familiarity and comprehending of the TCEQ and its programs. At this phase, Sunset Commission tips are expected similar to enforcement, the public conference course of action and EJ, allowing, and other efficiencies or vital improvements.
Environmental and Regulatory Law Update: New Federal and Condition Rulings