Texas Administrative Code Title 30 - ENVIRONMENTAL QUALITY
Texas Administrative Code — Title 30: Environmental Quality
I. Overview
Title 30 of the Texas Administrative Code (TAC) governs environmental quality in the state and contains regulations implemented primarily by the Texas Commission on Environmental Quality (TCEQ).
It establishes the framework for protecting air, water, and land, including:
Permitting and enforcement procedures
Air and water quality standards
Waste management and cleanup regulations
Public participation and reporting requirements
Title 30 derives its authority from the Texas Water Code, the Texas Health and Safety Code, and other environmental statutes.
II. Statutory Authority
The Texas Legislature grants authority for Title 30 through:
Texas Water Code
Establishes water quality standards, water rights, and permits.
TCEQ is authorized to regulate point source pollution, stormwater discharges, and wastewater treatment.
Texas Health and Safety Code
Authorizes TCEQ to regulate air quality, hazardous substances, solid waste, and public health–related environmental protections.
Administrative Procedure Act (APA)
Governs rulemaking, enforcement, and adjudication by Texas agencies, including TCEQ.
Ensures public notice, comment, and fair hearings.
III. Structure of Title 30 — Key Chapters
Title 30 is divided into several chapters. Key chapters include:
1. Chapter 101 — General Provisions
Defines TCEQ authority, jurisdiction, and basic administrative procedures.
Specifies rulemaking, public notice, enforcement powers, and delegation of authority.
2. Chapter 105 — Permits by Rule and Permit Procedures
Details how individuals or businesses may obtain environmental permits.
Includes air quality permits, water quality permits, and waste handling authorizations.
Explains permit-by-rule procedures, which allow certain activities without a full permit if conditions are met.
3. Chapter 106 — Air Quality Permits
Sets criteria for construction and operating permits for facilities emitting pollutants.
Includes emission standards, monitoring requirements, and reporting obligations.
4. Chapter 291 — Water Quality Standards
Covers surface water quality, including discharge limitations, monitoring, and compliance.
Establishes TCEQ authority to enforce water pollution laws.
5. Chapter 330 — Waste Management
Governs solid waste, hazardous waste, and landfill operations.
Provides compliance, inspection, and reporting requirements.
IV. Key Rules and Principles
Permitting
Activities impacting air, water, or land often require TCEQ permits.
Permits specify conditions, limits, monitoring, and reporting obligations.
Permit-by-rule (PBR) allows certain low-impact activities to proceed with simplified compliance.
Enforcement
TCEQ can issue:
Notices of violation (NOVs)
Administrative penalties
Orders to remediate environmental harm
Administrative enforcement can be appealed through TCEQ hearings and ultimately in Texas courts.
Public Participation
TCEQ rules require public notice, comment periods, and hearings for certain permits.
Citizens may intervene in contested cases under procedural rules.
Monitoring and Reporting
Entities must report emissions, discharges, and hazardous materials.
Failure to comply can result in penalties or permit revocation.
V. Judicial Review and Case Law Principles
While Texas courts rarely review every rule in Title 30 individually, several principles govern how TCEQ actions under Title 30 are evaluated:
1. Agency Action Must Be Within Statutory Authority
Courts consistently hold that TCEQ cannot exceed the powers granted by the Legislature.
Example: A court may invalidate a rule if it regulates beyond the statutory mandate of the Texas Water Code or Health and Safety Code.
2. Substantial Evidence Standard
Texas courts apply the substantial evidence standard in reviewing TCEQ permit decisions.
Courts ask: Is there competent, credible evidence supporting the agency’s factual findings?
Example: If a facility challenges a TCEQ permit denial, the court examines whether the Board’s decision is supported by the record.
3. Arbitrary or Capricious Standard
Courts may strike down TCEQ rules or enforcement if the agency acts arbitrarily, capriciously, or abuses discretion.
Example: Imposing penalties without due notice or a factual basis can be overturned.
4. Contested Case Procedure
Under the Texas APA, citizens or regulated entities may request hearings for TCEQ actions (permits, penalties, enforcement).
Courts defer to the agency’s expertise but ensure procedural fairness.
Representative Case Principles
City of El Paso v. TCEQ (hypothetical example for principle):
Court upheld TCEQ’s enforcement order for air emissions because the agency’s findings were supported by credible monitoring data.
Demonstrates substantial evidence review.
Industrial Plant v. TCEQ (illustrative):
Permit denial was challenged; court held TCEQ acted within statutory authority and rules properly followed administrative procedures.
Citizen Petition Case:
Court allowed citizen intervention in contested permit proceeding, emphasizing public participation rights under TAC rules.
VI. Practical Application
Businesses: Must obtain permits before emitting pollutants, discharging wastewater, or handling hazardous waste.
Citizens: Can monitor TCEQ actions, comment on permits, or appeal violations.
TCEQ: Uses Title 30 rules to balance environmental protection with economic activity, enforce compliance, and issue guidance.
VII. Summary
Title 30 — Environmental Quality provides the legal framework for:
Air, water, and waste regulation
Permitting procedures (standard and permit-by-rule)
Enforcement of environmental laws
Public participation in environmental decision-making
Legal principles:
Agency actions must follow statutory authority
Decisions reviewed under substantial evidence and APA procedural standards
Courts ensure rules are not arbitrary, capricious, or procedurally unfair
Title 30 is procedural and substantive, creating enforceable standards while allowing flexibility for TCEQ to regulate environmental quality in Texas.
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