For nonprofits and governments proposing an independent SEP
project
This proposal guideline is intended for use by nonprofit
or governmental organizations seeking SEP consideration for
independent projects. For-profit organizations are not eligible to
become third-party administrators. In order for the executive
director’s staff to begin its evaluation of a proposed SEP,
the information specified below is required. The entity proposing a
SEP must be willing and able to supply detailed documentation to
substantiate all statements made in a proposal within one week of a
follow-up request from TCEQ staff. If you have questions regarding
this guideline, please contact the SEP coordinator in the
Litigation Division by phone at 512/239-3400 or by e-mail at olsadmin@tceq.state.tx.us.
Several documents linked from this page are in Portable Document
Format (PDF), Microsoft Word format, or Microsoft Excel format.
(Help with PDF.) (Help
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Third-Party Forms for Download
- Third-party application (PDF · Word)
- Quarterly Report Instructions (PDF)
- Blank Quarterly Report Form (Excel)
- Sample Quarterly Report (Excel)
- Request for Extension of Time to Complete a SEP Project (Word)
- Request for Extension of Time to Submit a SEP Report (Word)
- Core Data Form (PDF)
Guidance Document
SEPs: Putting
Fines to Work Closer to Home (publication GI-352, May 2006)
What to Include
1. Applicant Information—Give the name, mailing
address, telephone number, and e-mail address for the project
implementer, the organization conducting the project, and the name
of the person who will be responsible for submitting status reports
(if different from the project director). The proposal should be
accompanied by a letter or resolution from the appropriate board,
governing body, or executive staff expressing the
organization’s commitment to the project if approved. A Third
Party Administrator must be willing to maintain SEP funds in a
separate, interest-bearing account. A TCEQ Third Party
application must be completely filled out, signed by an
authorized representative, and submitted to the SEP Coordinator.
Nonprofit 501(c)(3)status—Supply verification of status as a
nonprofit or governmental organization. Submit supporting
documentation.
2. Name of Proposed Project
3. Project Description—Describe the project
including the following information: the need for the project; the
availability of other similar services or projects in the area; and
project implementation tasks such as technology, operation, or
process changes. Geographical Area to Benefit from
Project—Identify cities, counties, watersheds, and
nonattainment areas that would be affected.
For the Type of project—See the list below.
- For projects to prevent or reduce
pollution—Quantify the reduction expected for each
pollutant beyond the level required for environmental compliance.
Specify the media (air, water, land) to be affected.
- For projects of all other types—Quantify the number
of participants, programs offered, sites cleaned, types of
contamination contained or removed, acres restored or affected,
etc.
4. Expected Environmental Benefit—Every SEP must
have quantifiable environmental benefits; Explain the expected
environmental benefits of this project and quantify the
environmental benefits to the extent practical.
5. Project Schedule—Supply a proposed schedule that
addresses project implementation and the submission of status
reports to the TCEQ. Describe how SEP contributions would be
accounted for from receipt until expenditure of the full amount.
Describe the information and documentation that would be included
in project status reports. Project reports must include sufficient
information for the TCEQ to monitor project implementation, to
verify and document the proper expenditure of SEP funds, and to
evaluate the effectiveness and benefits of the SEP. Reports must
include the quantified environmental benefits.
6. Budget—By double-clicking on the expenses table,
you will project initial and annual costs with specific
subcategories. Costs must be clearly and solely attributable to the
proposed SEP.
7. Rate of Return—List purchases made by capital,
non-depreciable, or other expenses. If you are not buying
equipment, land, or other large items, you may include all expenses
under “Other.”
8. Certification Section—This section must be signed
by an authorized representative of the recipient organization. The
signature will certify that the organization is not or will not be
receiving duplicative funding for the project.
You are encouraged to begin discussing SEP possibilities early
in the enforcement process. However, work on a proposed SEP should
not commence until the TCEQ 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
SEP Categories
Commission policy identifies the five types of projects listed
below as appropriate SEPs. The inclusion of any particular proposed
SEP and related conditions in an Agreed Order presented to the
Commission is subject to the Executive Director’s discretion.
The Executive Director has delegated the authority to accept SEPs
to the Deputy Director of the Litigation Division. The final
decision regarding the approval of any such agreed order rests
wholly with the Commission. For additional guidance on SEPs, please
consult—
SEPs: Putting
Fines to Work Closer to Home (publication GI-352, May 2006)
Appropriate SEPs
The following types of projects would be appropriate
SEPs:
- projects to prevent or reduce pollution;
- environmental-restoration projects that go beyond repair to the
enhancement of the environment in the vicinity of the violating
facility;
- environmental education (the respondent may only offset 33% of
the payable penalty if undertaking this kind of project);
- projects to fund public works for a neighboring municipality or
county that will benefit the environment in a way that is beyond
ordinary compliance with the law; and
- projects to clean up illegal municipal and industrial
solid-waste dumps where no responsible party can be found.
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