1. Office of Compliance and Enforcement
Ramiro Garcia, Jr.
Deputy Director
TCEQ Trade Fair
2017
Introductory Slide – Office of Compliance and Enforcement Deputy Director, Ramiro Garcia, Jr.

2. OCE Mission Programs within OCE take swift action that is fair,
sensible and responsive to the needs of the
citizens of Texas
To protect human health and the environment by ensuring compliance with state and federal regulations
To promote voluntary compliance through a comprehensive program of regional investigations, technical assistance and outreach, environmental monitoring and appropriate enforcement
To prevent, protect, respond to and recover from natural and manmade disasters
Office of Compliance and Enforcement Mission Statement

3. OCE Staff Resource Distribution
Pie chart identifying staff resource distribution of Office of Compliance and Enforcement

4. OCE Organization Chart
Ramiro Garcia, Jr. – Deputy Director
Monica Aplin –Executive Assistant
Susan Johnson – Special Assistant
Tracy Miller – Special Assistant
Enforcement Division Bryan Sinclair, Director
Critical Infrastructure Division Kelly Cook, Director
Monitoring Division Cory Chism, Director
North Central & West Texas Area Randy Ammons, Director
Border & Permian Basin Area David Ramirez, Director
Coastal & East Texas Area Kelly Keel Linden, Director
Central Texas Area Susan Jablonski, Director
Office of Compliance and Enforcement Management Organizational Chart

5. TCEQ Regional Areas
County map of the state of Texas with the TCEQ Regions identified. The regions are divided into four geographical areas.

6. TCEQ is a Part of the Community
Sixteen Regional Offices and two satellite offices across the state
Matrix staff embedded in Regions
Four Watermaster Programs
Environmental Assistance Division
Office of Legal Services
Various Permit Divisions
The most important point to stress is that TCEQ staff are also citizens of the state and we live in the same communities as our customers. We breathe the same air, drink the same water, deal with the same wastes, and are impacted by the same economies.

7. OCE Critical Functions
Conduct Compliance Investigations (FY16 – 102,315 agency wide)
Investigate Complaints (FY16 – 4,873)
Review Emission Events Reported to TCEQ (FY16 – 3,824)
Issue Notices of Violation (FY16 – 17,913)
Issue Enforcement Orders (FY16 – 1,404)
Conduct ambient monitoring of air quality
Respond to environmental emergency incidents
Critical functions are performed by the Office of Compliance and Enforcement. Activity numbers for Fiscal Year 2016 are provided.

8. Regulatory Compliance
Ultimate Goal
Regulatory Compliance
While the Office of Compliance and Enforcement conducts many critical functions, the ultimate goal of all activities is for entities to achieve and maintain regulatory compliance.

9. What Brings TCEQ to You? Investigation Types Complaints
Routine Compliance Investigations
Regularly Scheduled or On-Demand
Federal / State Commitments
Risk Determinations
Complaints
There are a couple of different reasons for TCEQ to conduct an investigation. The TCEQ is required to implement a Compliance Monitoring Strategy (CMS) in order to maintain primacy for federally delegated programs, such as the National Pollutant Discharge Elimination System (NPDES), Title V, Public Drinking Water, etc. The EPA-approved CMS stipulates at what frequency TCEQ will conduct certain investigations under federally approved programs. Additionally, the TCEQ must meet performance measures designated by Texas’ Legislative Budget Board. These performance measures provide the TCEQ with the opportunity to demonstrate appropriate and efficient use of funding appropriated to the agency.
While TCEQ must perform certain investigations on a routine basis, the agency also has the ability to conduct investigations as needed based on potential risks to public health or the environment.
The TCEQ also addresses every complaint received by the agency, either by conducting an investigation or referring the complaint to the appropriate jurisdiction over the complaint issue.

10. Boots on the Ground
TCEQ investigators are our boots on the ground. They are typically the TCEQ staff you will interact with most often. The Office of Compliance and Enforcement has over 530 field staff dedicated to conducting investigations statewide. Our staff are trained to use specialized equipment to monitor certain conditions or to collect samples while on site. The TCEQ has the ability to initiate enforcement actions based on conditions observed during an on site investigation.

11. Desk Reviews Self-Reported Data File Reviews
TCEQ staff also conduct investigations without going on site at regulated entities. These investigations are considered desk review investigations and they serve a very specific purpose. These investigations are reviews of data and reports that regulated entities are required to send to the TCEQ as a condition of their permits or authorizations. The TCEQ has the ability to initiate enforcement actions based on information evaluated during a desk review. Examples of information evaluated during desk reviews are Discharge Monitoring Reports and Federal Operating Permit Deviation Reports.

12. Discharge Monitoring Report
Discharge Monitoring Reports are required by most NPDES wastewater discharge permits to be submitted at specific frequencies, generally monthly or quarterly. These DMRs are reviewed by TCEQ staff in the Enforcement Division for compliance with permitted effluent limites and data is uploaded to EPA as required by federal delegation.

13. Federal Operating Permit Deviation Report
Federal Operating Permit Deviation Reports are required to be submitted to the TCEQ whenever a reportable emissions event occurs. Every Deviation Report submitted to the TCEQ is reviewed by Region staff. Reports submitted by companies are reviewed against rule criteria and emissions limits per investigation protocols.

14. TCEQ has conducted an investigation….Now what?
TCEQ applies the Enforcement Initiation Criteria, which results in one of the following actions:
General Compliance Letter
Notice of Violation (NOV)
Notice of Enforcement (NOE)
Field Citation
Conducting investigations, either on site or as desk reviews, is how TCEQ holds entities accountable for compliance with environmental rules and regulations. Observations documented during investigations are a snapshot in time which could give indication of past non-compliance or potential non-compliance issues. TCEQ applies the Enforcement Initiation Criteria to determine the most appropriate course of action to address issues identified during investigations. The actions TCEQ can take are to issue one of the following:
General Compliance Letter
Notice of Violation
Notice of Enforcement
Field Citation
Regardless of what action is taken, communication is vital to maintaining a positive path forward. READ the letters that TCEQ sends and ask questions, if necessary. There are many opportunities to talk to TCEQ, from the Region to the OCE Deputy Director level..

15. Communication is KEY
Communication is the key to success! TCEQ is a transparent agency and the best way to work through any issues is to communicate openly.

16. Compliance Tools Environmental Assistance Division General Education
Events
Regulatory
Workshops
Telephone Hotlines
TCEQ
Website
Publications
Guidance Documents
On-site/Off-site Facility Assistance Environmentors
There is more to TCEQ than enforcement. The TCEQ uses a broad range of tools to enable and require businesses and governments, large and small, to comply with environmental rules. These tools include on-site and off-site facility assistance, small business and local government assistance, general education events, regulatory workshops, publications and guidance documents, telephone hotlines, and the agency’s website, in addition to traditional investigations and enforcement actions.
The Office of Compliance and Enforcement works closely with the TCEQ’s Environmental Assistance Division to get entities the assistance they need to understand and comply with rules and regulations.

17. Environmental Assistance Division
Questions?
Office of Compliance & Enforcement
(512)
Environmental Assistance Division
(512)
Office of Compliance and Enforcement Deputy Director Office and Environmental Assistance Division contact information.