On March 18, 2020, TCEQ’s Deputy Director of the Office of Environmental Enforcement (OCE), Ramiro Garcia, Jr., issued an instructive email on how regulated entities can request enforcement discretion in situations of unavoidable noncompliance as a direct result of the coronavirus. The email provides that the regulated entities should email both OCE@tceq.texas.gov (OCE inbox) and Ramiro.Garcia@tceq.texas.gov with specific information regarding the request. “The email should contain at a minimum:
- Concise statement supporting request for enforcement discretion
- Anticipated duration of need for enforcement discretion
- Citation of rule / permit provision for which enforcement discretion is requested”
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