Texas Administrative Code Title 30 - ENVIRONMENTAL QUALITY
Texas Administrative Code
Title 30 – Environmental Quality
Overview
Title 30 of the Texas Administrative Code governs environmental regulation and enforcement in the state of Texas. It primarily contains the rules and policies promulgated by the Texas Commission on Environmental Quality (TCEQ), the principal environmental regulatory agency in Texas.
The purpose of Title 30 is to protect public health and the environment by regulating air quality, water quality, waste management, and related environmental concerns across Texas.
Authority
Title 30 rules are promulgated under authority granted by the Texas Water Code, Texas Health and Safety Code, and other relevant statutes. The Texas Commission on Environmental Quality (TCEQ) administers and enforces these rules.
Key Areas Covered
Air Quality Regulations
Permitting requirements for stationary sources of air pollution.
Emission standards and monitoring.
Prevention of Significant Deterioration (PSD) and New Source Review (NSR) programs.
Control of hazardous air pollutants and fugitive emissions.
Water Quality and Wastewater
Permits for discharges into surface waters (NPDES permits).
Stormwater management and pollution prevention.
Water quality standards and monitoring requirements.
Regulations for municipal and industrial wastewater treatment.
Solid and Hazardous Waste Management
Regulations for storage, treatment, and disposal of hazardous and nonhazardous waste.
Permitting for landfills, waste processing facilities, and injection wells.
Rules governing the cleanup of contaminated sites.
Underground Injection Control (UIC)
Regulations to protect underground sources of drinking water from contamination by injection wells.
Permit requirements and monitoring.
Environmental Permitting and Enforcement
Procedures for permit application, public notice, and hearings.
Compliance monitoring, inspections, and enforcement actions.
Administrative penalties and corrective orders.
Water Rights and Use
Regulation of water rights, withdrawals, and water use in Texas.
Drought contingency and conservation plans.
Important Chapters in Title 30
Chapter 101: General Rules (definitions, enforcement authority).
Chapter 115: Control of Air Pollution from Volatile Organic Compounds.
Chapter 116: Permits for Air Emissions.
Chapter 307: Texas Surface Water Quality Standards.
Chapter 312: Solid Waste Disposal Regulations.
Chapter 330: Hazardous Waste Management.
Chapter 331: Used Oil Management.
Chapter 335: Sewage Sludge Management.
Regulatory Process
Rulemaking: TCEQ follows the Texas Administrative Procedure Act (APA) for adopting, amending, or repealing rules.
Permitting: Applicants must submit detailed information; permits are subject to public notice and opportunity for hearings.
Enforcement: The agency has the power to inspect, issue violations, levy penalties, and order corrective action.
Relevant Case Law
Several Texas cases have interpreted the scope and enforcement of Title 30 rules and TCEQ authority:
1. Sierra Club v. Texas Commission on Environmental Quality, 101 S.W.3d 132 (Tex. 2002)
Issue: Challenge to TCEQ's issuance of air permits based on alleged inadequate consideration of environmental impacts.
Holding: The Texas Supreme Court upheld TCEQ's discretion in permit issuance but required compliance with procedural and substantive statutory mandates.
Significance: Affirms TCEQ’s regulatory authority under Title 30 but enforces limits on arbitrary or capricious action.
2. Texas Water Comm’n v. Seaway Valley Property Owners Ass’n, 986 S.W.2d 744 (Tex. App.—Austin 1999)
Issue: Dispute over water quality standards enforcement and discharge permits.
Holding: Courts defer to TCEQ expertise but require substantial evidence for permit decisions.
Significance: Confirms administrative deference while ensuring public participation and evidence-based decisions.
3. TCEQ v. Southern Services, 2006 WL 1409683 (Tex. App.—Austin 2006)
Issue: Enforcement action against illegal hazardous waste disposal.
Holding: Court upheld TCEQ's authority to impose penalties and order cleanup under Title 30 rules.
Significance: Reinforces agency’s enforcement powers regarding hazardous waste management.
4. Public Utility Commission v. Texas Disposal Systems Landfill, Inc., 196 S.W.3d 493 (Tex. 2006)
Issue: This case, involving environmental permits, touched on regulatory jurisdiction and enforcement between agencies.
Holding: The court clarified the scope of agency authority and emphasized statutory compliance.
Significance: Highlights the importance of clear jurisdiction in environmental regulation and Title 30 compliance.
Summary
Title 30 of the Texas Administrative Code provides a comprehensive regulatory framework for environmental protection administered by TCEQ.
The rules regulate air and water quality, waste management, permitting, and enforcement.
TCEQ enjoys broad discretion but must follow statutory and procedural requirements.
Courts generally defer to TCEQ expertise but require decisions to be supported by evidence and comply with due process.
Enforcement actions under Title 30 include penalties, corrective orders, and license actions to ensure compliance.
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