Pursuant to statutory changes enacted in its 2011 Sunset Review, the TCEQ has created a website that allows companies and persons subject to its regulations to review the agency’s proposed compliance history rating, for a 30-day period prior to that rating being made available to the public. This new procedure - Advanced Review of Compliance History or “ARCH” - allows regulated entities the opportunity to correct any errors in the TCEQ’s annual evaluation of their compliance histories.

This new opportunity is particularly important because the Sunset Review also required TCEQ to make substantial changes to the compliance history rating system and how each entity’s compliance history may affect the TCEQ’s future handling of permitting and enforcement matters for the entity. On June 27, 2012, those changes and ARCH were adopted by TCEQ into the compliance history rules at 30 T.A.C. Chapter 60.

The deadline for registering for ARCH - to provide you the ability to review your proposed compliance history rating - is midnight, August 31, 2012. As the TCEQ’s press release notes:

Once the information entered into the online form is validated by TCEQ staff, registered participants will receive additional instructions via e-mail on how to access their compliance history information when it is available in September.

Compliance histories will be made available to the public on November 15, 2012.

Compliance History Review Sign-Up Application: http://www2.tceq.texas.gov/ch/archsignup/.

If you have any difficulties registering, or have other questions related to the advanced review process, please contact the TCEQ at [email protected], or by phone 512.239.2724.

Please feel free to contact us if you have any questions regarding these matters.