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ARTICLE · 23 JANUARY 2026

TCEQ Overhauls Compliance History: Expanded Violation Scoring And Repeat Violator Trigger Levels Pose Risk

Beveridge & Diamond, P.C.
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On January 14, 2026, the Texas Commission on Environmental Quality (TCEQ) adopted revisions to its compliance history rating scheme.

United StatesEnvironment
Lisa Dyar
Lisa Dyar
Laura LaValle
Laura LaValle
Blake S. Welborn
Blake S. Welborn

On January 14, 2026, the Texas Commission on Environmental Quality (TCEQ) adopted revisions to its compliance history rating scheme. Prompted by the Texas Sunset Advisory Commission's 2022 10-year review of TCEQ, the adopted rule aims to satisfy recommendations to update the compliance rating formula to more accurately reflect a site's level of compliance. Instead of three categories and an annual update to ratings, the rule adds five new "complexity" levels for triggering classification as a repeat violator and requires semiannual updates to a site's compliance rating.

TCEQ expects to publish the adopted rule in the January 30, 2026 edition of the Texas Register and for it to become effective February 5, 2026. Under the new rule, TCEQ will update compliance history ratings at the first mass classification run in 2026 or September 1, 2026, whichever occurs first. The version of Chapter 60 in effect at the time a permit application is received will be the version

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