Environmental Engineering | Geology | Consulting
Environmental Engineering | Geology | Consulting
As of February 1, 2018, Texas Commission on Environmental Quality (TCEQ) Air Permits Division (APD) will begin requiring all applicants to submit permit-by-rule (PBR) and standard permit (STDP) registration applications via ePermits.
This requirement will not apply to Concrete Batch Plants, Rock and Concrete Crushers, Hot Mix Asphalt Plants, Polyphosphate Blenders, or portables. Submittal of these application types is not yet available through the ePermits system.
Additional information on the background of ePermits, as well as detailed steps on using ePermits, can be found here: www.tceq.texas.gov/permitting/air/nav/nsr_news.html
The TCEQ is excited to release an updated Modeling and Effects Review Applicability (MERA) Guidance Document with the primary intent of increasing ease of use and clarity.
The updated document includes limited technical changes and additional opportunities for streamlining the health impacts review process while continuing to ensure the protection of human health and welfare. In restructuring the document, some of the less frequently used steps have been removed; however, applicants may continue to request the use of these former steps for a case-by-case analysis.
Questions or comments may be submitted through October 15, 2017 at firstname.lastname@example.org. The final guidance is anticipated to be released at the end of November.
Working together, the U.S. Environmental Protection Agency and the Texas Commission on Environmental Quality continue to coordinate with local, state and federal officials to address the human health and environmental impacts of Hurricane Harvey and its aftermath, especially the water systems in the affected areas. The TCEQ has approximately 500 people and EPA has 263 people assisting in response to this natural disaster.
As part of this coordination, a Unified Command was established between the EPA, the TCEQ, the General Land Office, and the U.S. Coast Guard to oversee all emergency response efforts. This Unified Command is supported by three operational branches in Corpus Christi, Houston, and Port Arthur. In addition to the EPA, the TCEQ, the GLO, and the USCG, multiple agencies and groups are supporting each of the operational branches, including the Texas National Guard, 6th Civil Support Team; the Arkansas National Guard, 61st Civil Support Team; the Oklahoma Task Force 1; and the Texas State Guard Engineering Group. Branch personnel are working to continuously monitor water and wastewater systems, as well as assess spills or discharges as a result of the storm.
As of Thursday, Sept 14, the following information is available:
Drinking Water: To date, about 2,238 drinking water systems have been affected by Harvey. Of those: 2,014 systems are fully operational, 77 have boil-water notices, and 19 are shut down. Both the EPA and the TCEQ are contacting remaining systems to gather updated information on their status. Assistance teams are in the field working directly with system operators to expedite getting systems back to operational status.
Wastewater and Sewage: The TCEQ has made contact with 1,219 wastewater treatment plants in the 58 counties within the Governor’s Disaster Declaration. Of those, 31 are inoperable in the affected counties. The agencies are aware that releases of wastewater from sanitary sewers are occurring as a result of the historic flooding and are actively working to monitor facilities that have reported spills. Additionally, the agencies are conducting outreach and providing technical guidance to all other wastewater facilities in flood-impacted areas. Assistance teams will continue to be deployed to work directly with system operators to expedite getting systems back to operational status.
On Sept. 12, the EPA approved the Texas Water Development Board proposed approaches to utilize State Revolving Funds from the EPA to address immediate recovery and future resiliency efforts in Texas.
Flood Water: Water quality sampling will be focused on industrial facilities and hazardous waste sites. Floodwaters contain many hazards, including bacteria and other contaminants. Precautions should be taken by anyone involved in cleanup activities or any others who may be exposed to flood waters. These precautions include heeding all warnings from local and state authorities regarding safety advisories. In addition to the drowning hazards of wading, swimming, or driving in swift floodwaters, these waters can carry large objects that are not always readily visible that can cause injuries to those in the water. Other potential hazards include downed power lines and possible injuries inflicted by animals displaced by the floodwaters.
Critical Water Infrastructure: The TCEQ has made contact with the owners of the 340 dams in the impacted areas. There are 15 dams that have reported some type of damage. There have been no reports of downstream damage or loss of life. The TCEQ will be meeting with affected dam owners in the next week.
Additional EPA/TCEQ updates include:
For additional information, please visit the TCEQ’s Hurricane Response website.
View the EPA Story Map about Hurricane Harvey Response activities.
The Texas Commission on Environmental Quality (TCEQ) offers the Pollution Control Property Tax Exemption program. This program identifies property and/or equipment that is being used to control pollution to meet an applicable environmental regulation, and allows businesses to claim a tax exemption from their local tax office.
Have you taken advantage of this program?
The property (equipment) must have been purchased, acquired, constructed, installed, replaced, or reconstructed after January 1, 1994 to meet or exceed an adopted federal, state, or local environmental law, rule, or regulation.
Property or equipment that is installed (or is being installed) wholly or partly for pollution control purposes and meets or exceeds an applicable environmental regulation may be eligible for a positive use determination.
For property used partly for pollution control, the applicant must perform a cost analysis using the cost analysis procedure (CAP) specified in 30 TAC §17.17(c) to determine the percentage of the qualifying capital.
Dedicated-Purpose Vehicles: Vehicles that are used solely for pollution control at your facility such as certain types of vacuum trucks, street sweepers, surface-watering trucks, and spill-response vehicles.
Qualifying Land: Land may be eligible for a positive determination, but only land acquired after January 1, 1994 that actually contains: (1) only pollution control property (equipment); or (2) property that is used solely for pollution control; or (3) property that was specifically purchased solely for pollution control.
Buffer Zones: Property used solely as a buffer zone is applicable if required by an adopted environmental rule or regulation.
Used Equipment: Control Pollution Property (equipment) purchased from another owner may be eligible if it meets the following criteria.
A person is not entitled to an exemption from taxation if the following is true:
A use determination is valid as long as the property is both:
There are three different tiers (Tier I, Tier II or Tier III) or levels, of applications that can be prepared and submitted to TCEQ for a use determination. If tax relief is sought for pollution control property in different tier levels, separate applications must be submitted for each tier level.
All applications will require an application fees. The fees are used to recover the costs of administering the program. Fees are higher for Tiers II and III applications because of the greater administrative costs involved in reviewing applications.
Call us at 512-474-9097 or contact us and we will get you started with your application today.
Post Oak Clean Green can move forward with their application and draft permit for a Type I Municipal Solid Waste (MSW) Landfill to be located in Guadalupe County, Texas. Cook-Joyce, Inc. (CJI) received this news about our client, Post Oak Clean Green, on Friday, September 23, 2016 from the State Office of Administrative Hearings (SOAH).
In January 2016, a contested case hearing was held by SOAH to review the Post Oak Clean Green application and draft permit. The Texas Commission Environmental Quality (TCEQ) Executive Director supported issuance of the permit while numerous other parties opposed the landfill application and draft permit.
In its Proposal For Decision, SOAH recommended TCEQ approve the Post Oak Clean Green Landfill application which potentially enables them to receive a permit to operate the Type I MSW facility. SOAH also prepared a Proposed Order to address some deficiencies that may be overcome by recommend permit conditions. Both the draft permit and the Proposed Order will be considered by the TCEQ Commissioners at an upcoming TCEQ Commissioners’ Agenda Meeting.
CJI has been working with Post Oak Clean Green for the past four years to help secure a Type I MSW Landfill permit. CJI revised the original MSW landfill application that was submitted to the TCEQ and assisted with the subsequent responses to the Technical Notice of Deficiency (TNOD) letters from the agency. CJI also provided technical expert witness testimony at the administrative hearing on the permit application and draft permit, held earlier in 2016 by SOAH.
A copy of the final application, draft permit and the SOAH decision and proposed order can be found on our Permits Page or by clicking here.
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Since 1983, Cook Joyce Inc. has provided effective environmental engineering and consulting services to industries, governmental agencies, waste management companies, utilities, and municipalities. Our clients benefit from our in-depth technical expertise, diverse project experience, and excellent reputation. Learn more