EPA conducting 'informal investigation' into Texas' enforcement of water quality
Federal regulators are conducting an "informal investigation" into their Texas counterparts after more than two dozen environmental advocacy organizations, including two from the Coastal Bend, filed a petition alleging the state has failed to protect water quality.
The groups are asking the U.S Environmental Protection Agency to exercise federal oversight over the Texas Commission on Environmental Quality's program and fix it.
The petitioners include the Ingleside on the Bay Coastal Watch Association and the Hillcrest Residents Association.
A regulatory program of TCEQ has been scrutinized in Corpus Christi as the city and the Port of Corpus Christi have sought the necessary permits for costly marine desalination facilities. Last fall, the state issued a wastewater discharge permit to the port for its Harbor Island proposal, drawing criticism from the EPA.
Environmental advocates have said the TCEQ's permitting process leans in favor of industry and business rather than on possible environmental impacts. Federal involvement, they hope, will result in more weight placed on the science.
"If proven to be true, the allegations outlined in the petition are concerning," Charles W. Maguire, EPA’s acting deputy regional administrator, said in a Jan. 24 letter to the petitioners' legal counsel, Austin-based law firm Perales, Allmon & Ice.
The law firm filed the petition in September 2021.
In 1998, the EPA delegated authority to Texas to administer the state’s National Pollutant Discharge Elimination System program. The petition alleges the state’s program, referred to as the Texas Pollutant Discharge Elimination System, has insufficient regulations for issuing wastewater discharge permits or other measures.
A TCEQ spokesperson said the state regulator has no comment on the EPA's Jan. 24 letter but noted that "our TPDES program was thoroughly reviewed by the EPA in 2020 as part of our request for additional authority over discharges related to oil and gas operations and was found by EPA to meet all requirements."
Should the EPA's informal investigation find TCEQ is not following the Clean Water Act, the federal agency could proceed with a formal investigation and could revoke TCEQ's power to issue permits. The TCEQ would have 90 days to fix the problems identified by the EPA or lose its authority.
This article originally appeared on Corpus Christi Caller Times: EPA conducting investigation into Texas' enforcement of water quality
