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What is a Supplemental Environmental Project?
A SEP is a project that prevents pollution, reduces the amount
of pollution reaching the environment, enhances the quality of the
environment, or contributes to public awareness of environmental
matters. A respondent in an enforcement action may negotiate an
agreement to perform an SEP in return for an offset of the
administrative penalty. If the director of the TCEQ’s
Litigation Division approves the inclusion of a particular SEP in
an agreed order, it will be presented to the commission for
consideration and final approval. Potential SEPs include such
diverse projects as cleanups of abandoned illegal dump sites,
community collections of household hazardous waste, and on-site
pollution prevention projects that exceed regulatory requirements.
SEPs that have a direct benefit allow a respondent to offset one
dollar of its penalty for every dollar spent on the SEP.
What is the commission’s approach to SEPs?
Key features of the May 2006 guidance (TCEQ publication
GI-352) are:
- Compliance history. Repeat violators are less
appropriate candidates, as are those who are not in compliance with
previous agency orders.
- Resolution of the violation. An SEP is
appropriate where violations have been or are being corrected, the
resulting pollution is cleaned up, and the violator has taken steps
to ensure that the problem will not happen again.
- Deterrence objectives. As a result of
enforcement, violators and other regulated entities should be
deterred from future noncompliance with environmental laws and
regulations. Therefore, the negotiation of an SEP should not
compromise deterrence, which is the main objective in the
enforcement process.
- Other factors as circumstances may require.
(1) The ED may consider the violator’s good-faith
participation in the settlement of the action and the degree of
culpability of the violator for the violations at issue, in
addition to other factors. (2) Whether the project meets state
and regional environmental priorities. (3) Whether the project
is in the same medium as the alleged violation. (4) Whether
the project is in or near the community where the alleged violation
occurred. (5) That the project not be an on-site project that
benefits the alleged violator.
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Why should I consider a SEP?
The SEP program was developed as an approach to resolving
enforcement actions and improving environmental quality. For
respondents who wish to contribute directly to the environmental
improvement of their communities, the SEP policy provides an
alternative to payment of the full amount of an administrative
penalty.
I am a respondent in an enforcement action. What is the
process for getting my SEP approved?
If you are interested in negotiating a SEP, you may:
- download the application forms for a respondent ( PDF · Word )
or
- request a copy of the SEP guidance document, a SEP proposal
guideline, and other materials from the SEP coordinator, a
Litigation Division attorney, or Enforcement Division staff.
These documents explain the process further and give examples of
SEPs that have been approved. After reviewing these materials, if
you have additional questions, please contact the SEP Coordinator
by phone at 512/239-3400 or by e-mail at olsadmin@tceq.state.tx.us.
You are encouraged to begin discussing SEP possibilities early in
the enforcement process. However, work on a proposed SEP should not
commence until the commission has made its final determination.
Send your completed application form by e-mail to the SEP
coordinator at olsadmin@tceq.state.tx.us
or by U.S. mail to:
SEP Coordinator, MC 175
Texas Commission on Environmental Quality
P.O. Box 13087
Austin, TX 787112-3087
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