In the complex landscape of environmental regulation, the Texas Environmental, Health, and Safety Audit Privilege Act (TEX. CIV. STAT. art. 4447cc) plays a pivotal role. This framework, as outlined by both the Texas Commission on Environmental Quality (TCEQ) and the Railroad Commission of Texas (RRCTX) in Regulatory Guidance Document RG-175, offers valuable insights into managing voluntary environmental and health and safety audits.
Submission Documents:
Under this act, three critical documents come into play—Notice of Audit (NOA) letter, Disclosure of Violations (DOV) letter, and Request for Extension (RFE). Each serves a distinct purpose in ensuring compliance and reaping the benefits of immunity.
TCEQ Submission Guidelines:
Initiating an environmental audit requires a Notice of Audit (NOA) submission to the TCEQ. While not mandatory, failing to provide proper notice may negate the immunity provision of the Audit Act. Guidance includes a review of the TCEQ’s Central Registry for identification of Corrective Action Numbers (CN) and Regulatory Identification Numbers (RN).
RRCTX Submission Details:
Addressing submissions to the General Counsel at the Railroad Commission of Texas, with specific guidelines for certified mail and courtesy copies via email at audit.notice@rrc.texas.gov.
Outcomes of Environmental Compliance Audit:
Conducting an environmental compliance audit under this act can lead to various outcomes, including:
- resolution and/or reduction of existing violation fines
- assistance in setting up and maintaining an Environmental Health and Safety (EHS) audit program
- sampling, analysis, Agency reporting
- recordkeeping
- follow-up environmental permitting.
Environmental Tips:
For those operating under TCEQ or RRCTX jurisdiction, maintaining necessary permits, records, and compliance with environmental regulations is essential. Seeking assistance or a comprehensive Environmental Compliance Audit from CRG Texas ensures smooth compliance with the Texas Environmental, Health, and Safety Audit Privilege Act.