The TCEQ is the state’s lead agency in responding
to certain inland oil spills, all hazardous-substance spills, and
spills of other substances that may cause pollution, as well as any
releases of substances that may harm air quality. The TCEQ
acts independently if no federal coordinator is on the scene or no
action is being taken by any federal agency in response to a spill
or discharge. The TCEQ has jurisdiction over spills from pipelines
containing refined petroleum products.
The General Land
Office (GLO)
is the state’s lead
agency for responding to oil spills that enter, or threaten to
enter, coastal waters. The GLO also has permitting
authority over pipelines and platforms located on state
lands, and anti-pollution requirements are built into GLO
contracts and rules.
The Railroad
Commission of Texas (RRC)
has authority for
responding to spills or discharges from all activities associated
with the exploration, development, or production–including
storage or transportation–of oil, crude oil, gas, and
geothermal resources, and to discharges from brine mining or
surface mining. Activities associated with the
exploration, development, and production of oil or gas do not
include refining or manufacturing; however, the processing of
natural gas or natural gas liquids at processing plants or gasoline
plants is subject to the jurisdiction of the RRC with one narrow
exception concerning waste from gas-processing activities.
Currently, waste from gasoline plants, plants for processing
natural gas or natural gas liquids, pressure maintenance plants, or
repressurizing plants that is classed as hazardous under
the Resource Conservation and Recovery Act (42
CFR 82)
is under the authority of
the TCEQ.
The Texas
Department of State Health Services
is charged with the
responsibility for threats to human health caused by contamination
of water supplies, shellfish, and finfish or by biological
agents.
The Texas Parks
and Wildlife Department (TPWD)
is the state agency with
the primary responsibility for protecting the state’s fish and
wildlife, including investigating fish kills and any type
of pollution that may cause loss of fish and wildlife resources,
taking necessary action to identify the cause and party responsible
for the fish kill or pollution, estimating the monetary value of
lost resources, and seeking restoration through presentation of
evidence to the agency responsible for permitting or in court.
The Texas
Department of Public Safety (DPS)
regulates all
transportation incidents involving releases of reportable
quantities of hazardous materials and on-site coordination of
transportation emergencies on public roads and railroads. The DPS
is responsible for on-site coordination of transportation
emergencies for all unincorporated areas and may assume that role
within cities when requested to do so by local governments.
If a spill presents a disaster or threatens to become
one, the governor may make available and bring to bear all
resources of the state to prevent or lessen its impact.
The governor declares a disaster by executive order or
proclamation. Such an executive order activates the recovery and
rehabilitation phase of the state’s Emergency Management Plan,
which is coordinated by the governor’s Division of
Emergency Management.
The TCEQ participates
under that division's coordination during disasters and
emergencies.
