The 2010-2011 Sunset review of the Texas Commission on Environmental Quality (TCEQ) is the primary focus of ACT’s issue analysis and policy development in preparation for the 82nd Texas Legislature. Almost every state agency in Texas goes through a once-a-decade “sunset review,” where legislators evaluate the effectiveness of state government operations and assess whether or not particular state agencies are needed. This year the TCEQ is up for review. Here are a few basics:
What is the sunset review process?
The sunset review process includes significant public participation opportunities at every step, and it’s up to Texans to use those opportunities to advocate for strong laws and improvements to agency responsible for protecting our health and natural resources. ACT has created the "Sunset Review At a Glance" that includes information on the Sunset Review schedule, what the review is and the members of the sunset Advisory Commission.
What is TCEQ?
The Texas Commission on Environmental Quality (TCEQ) is the agency charged with the care of the environment in Texas. As the primary environmental regulator in the state, TCEQ handles permits to regulate the pollutants in our air, water and land and enforces the both state and federal laws—including the federal Clean Air and Clean Water acts. TCEQ currently is under review by the Texas Sunset Commission.
Why is the EPA involved? How is ACT involved? What are the current problems with TCEQ? What are ACT's recommendations?
Over the past several years, the Environmental Protection Agency has been in communication with the TCEQ over concerns regarding its air permitting program. Letters between the two agencies, documenting their communication, are available here.
When 81st Texas Legislature moved the TCEQ Sunset review from 2013 to 2011, it gave the people of Texas a tremendous opportunity to improve the way our state protects our health and handles our environment. In summer 2009, ACT began its review of TCEQ programs and policies in preparation for the Texas Sunset Advisory Commission review of the agency. ACT established a TCEQ Sunset Review Policy Working Group to analyze TCEQ effectiveness in achieving its goal of clean air, clean water and the safe management of waste.
For a mixture of reasons, however, our state agency at times seems incapable of meeting many challenges in a straightforward and efficient enough manner to effectively protect the health of our citizens and the environmental integrity of our state’s natural resources. The TCEQ will continue to fight an uphill battle against such existing and future challenges until it creates an air permitting program that is reasonable and efficient and an enforcement structure that is transparent and fair.
The working group has identified the following priority issues areas for the TCEQ Sunset review: air permitting and enforcement; public participation in the permitting process; the Office of Public Interest Council; water quality; waste permitting. Additionally, the policy working group is evaluating TCEQ programs and areas of responsibility as they relate to the Public Utility Commission and the Texas Railroad Commission, as recommended by the Sunset staff in its report to the Texas Sunset Advisory Commission on PUC in April 2010. ACT has completed its first policy review called ”TCEQ Air Permitting and Enforcement: Improving Texas’ Air through the Sunset Review Process”, but ACT will publish the policy working group’s papers as they are completed.
