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ARTICLE · 19 JANUARY 2026

Changes To TCEQ Rules Affect Compliance History And Penalty Calculations

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
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Today, the Texas Commission on Environmental Quality ("TCEQ") adopted significant changes to existing rules that will affect how compliance history is calculated, updated, and applied.

United StatesEnvironment
Jennifer Barks
Jennifer Barks
Lauren H. Shah
Lauren H. Shah
Sophie Miller
Sophie Miller

Today, the Texas Commission on Environmental Quality ("TCEQ") adopted significant changes to existing rules that will affect how compliance history is calculated, updated, and applied.1 The agency uses compliance history when: (i) making permitting decisions, (ii) making enforcement and penalty decisions, (iii) deciding whether to use announced investigations, and (iv) considering an entity's ability to participate in innovative programming.2 Companies with Texas operations should be aware of these rule changes, which will become final 20 days following publication in the Texas Register. Below is an overview of several key changes.

Changes Impacting an Entity's Repeat Violator Status

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