TCEQ Executive Director's Preliminary Report and Petition Response

The situation

Miguel, 48, owns an auto body and collision repair shop in San Antonio, Texas, a 12-employee operation he's built over 20 years. In March 2026 a TCEQ regional inspector visited his facility and issued an NOV citing: (1) failure to maintain required spray booth air filtration records under his air permit (30 TAC Chapter 115), and (2) a minor stormwater management issue under his industrial TPDES general permit. Miguel corrected both issues within 30 days and submitted documentation.

Six weeks later, Miguel received a 12-page Executive Director's Preliminary Report and Petition from TCEQ proposing: - $8,750 in administrative penalties - Two listed violations with TCEQ's factual findings - A 20-day deadline to file a written response, with a warning that failure to respond results in a default order making all penalties binding

Miguel has never dealt with TCEQ formal enforcement before. He doesn't know:

(a) He almost certainly qualifies for substantial penalty mitigation. Under 30 TAC §70.5, TCEQ must consider good-faith compliance history. Miguel has no prior TCEQ violations in 20 years of operation; he corrected both violations immediately upon notice and submitted documentation. These are the exact facts that reduce penalties by 50–75% in Agreed Order negotiations. The proposed $8,750 could become $2,000–$3,500.

(b) He can propose a Supplemental Environmental Project (SEP) to further reduce his cash penalty. TCEQ allows respondents to substitute an approved environmental project (e.g., new pollution-prevention equipment, employee environmental training) for up to 25% of the cash penalty. A $500 air quality training program could offset $2,187 of penalty.

(c) The 20-day clock is hard. If Miguel doesn't file a written answer within 20 days, TCEQ issues a default order, the full $8,750 becomes immediately due with no further contest rights.

(d) He has a defensible contested violation on the stormwater citation. The stormwater violation was based on a condition that Miguel believes his facility did not trigger under the TPDES general permit's benchmark monitoring thresholds for auto body shops, a technical factual dispute that belongs in an answer, not an admission.

An environmental compliance attorney quoted Miguel $6,500 for "EDPRP answer preparation, TCEQ conference, and Agreed Order negotiation." The penalty mitigation analysis + written answer + SEP proposal + Agreed Order negotiation framework is largely self-executable with the right Texas-specific structure.

Second portrait: Danielle, 35, owns a commercial dry cleaning operation in Austin (10 employees, $890,000 annual revenue). She received a TCEQ EDPRP for: (1) improper perchloroethylene (PERC) waste storage (30 TAC Chapter 335, designated hazardous waste); (2) failure to maintain hazardous waste manifests for two PERC waste shipments.

Danielle is terrified about the words "hazardous waste" in the penalty notice. What she doesn't know: dry cleaning PERC waste is a common TCEQ enforcement target, and the manifest documentation violations, while technically hazardous waste violations, are administrative paperwork failures, not substantive environmental harm. TCEQ's published penalty matrix applies a much lower penalty multiplier for administrative violations by small quantity generators with good compliance history than the $12,400 proposed in the EDPRP.

Who receives this

Texas small business owners in industries that commonly trigger TCEQ enforcement: auto body and collision repair shops, dry cleaners, gasoline service stations, concrete and asphalt plants, metal fabrication and welding operations, wood furniture manufacturers, industrial laundries, small chemical distributors. Typical respondents: owner-operators with 5–50 employees, no in-house environmental compliance staff, no prior TCEQ enforcement experience. Secondary audience: Texas environmental compliance consultants and small CPA/bookkeeping firms that advise small industrial clients.

Why the agency will not advise you

TCEQ's Litigation Division represents TCEQ, it cannot advise respondents on how to reduce penalties or structure their defense. TCEQ's Small Business and Local Government Assistance hotline (800-447-2827) is an explicit pre-enforcement service and explicitly cannot assist with pending enforcement actions. TCEQ's own enforcement process page describes what will happen but provides no guidance on what to put in the written answer. Environmental compliance attorneys (McPherson Law Firm, ERA Environmental, Ramboll Texas environmental compliance) charge $3,000–$12,000 for Agreed Order negotiation. The penalty mitigation factors under 30 TAC §70.5 are publicly codified law, self-applicable with the right framing structure.

Key facts, with sources

• The Texas Commission on Environmental Quality (TCEQ) issued 4,684 Notices of Violation in fiscal year 2025 (through December 2024) and 2,881 Notices of Violation in fiscal year 2026 (through October 2025). TCEQ issued approximately 1,075 administrative orders in fiscal year 2024, requiring payments of over $9.4 million in penalties and over $7 million for Supplemental Environmental Projects. These orders follow a formal enforcement escalation path: NOV to Executive Director's Preliminary Report and Petition (EDPRP) to Agreed Order (consent) or Contested Case at SOAH. Source: Enforcement Report to the Commission for October 2025 FY26 Year-to-Date Totals — TCEQ · Chapter 2: Agency Activities — TCEQ Biennial Report to the 89th Legislature
• When a TCEQ enforcement action is escalated to formal penalty proceedings, TCEQ issues an Executive Director's Preliminary Report and Petition (EDPRP) notifying the respondent of the specific violations, the proposed administrative penalty, and required corrective actions. The respondent has 20 days to file a written response or risk a default order, a binding order that imposes all proposed violations and penalties without any opportunity to contest. If the respondent files a timely answer, TCEQ again attempts to reach a negotiated Agreed Order. If the case cannot be settled by Agreed Order, it becomes a contested case referred to the State Office of Administrative Hearings (SOAH), where an independent ALJ presides and issues a proposal for decision to TCEQ commissioners. TCEQ's Litigation Division represents the Executive Director in all administrative enforcement actions and at SOAH, it cannot advise respondents on how to structure their defense. Source: The Enforcement Process: From Violations to Actions — Texas Commission on Environmental Quality · TCEQ Enforcement: Know What You're Up Against — McPherson Law Firm
• TCEQ's administrative penalty mitigation factors are codified at 30 Texas Administrative Code §70.5 and include: (1) the extent and gravity of the violation; (2) history of prior violations; (3) the respondent's good faith in attempting to achieve compliance before and after notification; (4) the economic benefit to the respondent from the violation; (5) the respondent's ability to pay. TCEQ also operates a Supplemental Environmental Project (SEP) program that allows penalty reductions of up to 25% in exchange for performing specified environmental improvement projects. TCEQ's Small Business and Local Government Assistance section provides confidential pre-enforcement compliance assistance (hotline: 800-447-2827) but does not provide guidance on contesting enforcement actions or responding to EDPRPs. Source: Compliance Assistance Sorted by Business Type — Texas Commission on Environmental Quality · Alternative Dispute Resolution for Contested TCEQ Matters — Texas Commission on Environmental Quality

When to bring in a professional

Self-serve responses fit routine cases: clear facts, amounts a business can absorb, and a deadline still ahead of you. Bring in a licensed professional when the amount at stake is large relative to their fee, the facts are genuinely disputed, criminal exposure is possible, or the deadline has already passed. A short paid consultation to sanity-check your plan is often worth it even when you handle the filing yourself.

All sources for this guide

1. Enforcement Report to the Commission for October 2025 FY26 Year-to-Date Totals — TCEQ
2. Chapter 2: Agency Activities — TCEQ Biennial Report to the 89th Legislature
3. The Enforcement Process: From Violations to Actions — Texas Commission on Environmental Quality
4. TCEQ Enforcement: Know What You're Up Against — McPherson Law Firm
5. Compliance Assistance Sorted by Business Type — Texas Commission on Environmental Quality
6. Alternative Dispute Resolution for Contested TCEQ Matters — Texas Commission on Environmental Quality