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The Texas Commission on Environmental Quality (TCEQ) has taken various actions and posted guidance to help regulated entities address operational issues and environmental noncompliance that resulted from power outages, water supply disruptions, and other weather-triggered challenges from the extended period of sub-freezing temperatures throughout Texas in February 2021. Along with other actions, the Commission obtained approval from the Governor, per the Governor’s February 12 disaster Proclamation, for the suspension of specified TCEQ rules; and obtained from the U.S. Environmental Protection Agency temporary fuel waivers for Texas Low Emission Diesel (TxLED) Program requirements applicable in 110 Texas counties, and the oxygenated gasoline requirements applicable in El Paso County. Additionally, TCEQ has established a Power Emergency Policy for requesting case-by-case enforcement discretion relating to the resultin
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Top Ten Tips for Seeking Enforcement Discretion and Preserving a Weather Disaster Force Majeure Affirmative Defense before the TCEQ Tuesday, March 2, 2021
The Texas Commission on Environmental Quality (TCEQ) has taken various actions and posted guidance to help regulated entities address operational issues and environmental noncompliance that resulted from power outages, water supply disruptions, and other weather-triggered challenges from the extended period of sub-freezing temperatures throughout Texas in February 2021. Along with other actions, the Commission obtained approval from the Governor, per the Governor’s February 12 disaster Proclamation, for the suspension of specified TCEQ rules; and obtained from the U.S. Environmental Protection Agency temporary fuel waivers for Texas Low Emission Diesel (TxLED) Program requirements applicable in 110 Texas counties, and the oxygenated gasoline requirements applicable in El Paso County. Additionally,