After Almost 10 Years, the TCEQ Imposes Financial Penalty on Polluter in What the Agency Calls an ‘Expedited’ Settlement
The company, INEOS, was rewarded with a deferral of about 20% of the fine for the ‘expedited’ settlement for violations in Brazoria County
AUSTIN, Texas — Today, commissioners for the Texas Commission on Environmental Quality (TCEQ) approved a financial penalty against the multinational corporation INEOS for almost 100 environmental violations at the company’s facility near Houston that date back nearly 10 years in what the state agency ironically calls an “expedited settlement.”
The unusually long process will reward the company with an approximately 20% deferral of the total fine because of the “expedited settlement” designation. It is another example of how state lawmakers have failed to impose financial consequences for polluters that have real teeth and changes to the agency that prioritize community health and safety.
TCEQ staff took responsibility for the delay, citing the agency’s historical enforcement policy of sitting on cases for several years and grouping them into one enforcement action, which has created an extensive backlog of complex cases for the agency staff to work through. The action against INEOS today was the result of 20 investigations.
“INEOS is accused of releasing harmful pollutants that include the cancer-causing chemical benzene. And yet, a corporation worth billions was able to wait about a decade to resolve them and still receive leniency from the TCEQ – for repeatedly putting people at risk,” said Kathryn Guerra, director of Public Citizen’s TCEQ Watchdog campaign. “The agency’s unwillingness to diligently enforce violations of the law and assess maximum penalties is causing real harm to communities across Texas.”
The total fine for INEOS is $2.25 million, but almost $450,000 will be deferred if it meets certain conditions. The enforcement action is because of 96 violations at the company’s chemical facility in Alvin, about 45 miles south of Houston in Brazoria County.
The public and public health advocates have repeatedly requested changes to the agency from the Texas Legislature, including greater financial penalties. As part of the agency’s Sunset Review in 2023, state lawmakers increased fines, but only modestly, from $25,000 to $40,000 per day – negligible amounts for a company like INEOS, which claims $55 billion in annual revenues. The same review called the TCEQ a “reluctant regulator” that lacks the public’s trust.
“The TCEQ says it has ended the practice of intentionally delaying enforcement cases, and there is hope for further changes to its enforcement policies that better protect the environment and the public,” Guerra added.
The INEOS Alvin facility has another six enforcement actions pending at the TCEQ. It has 15 finalized enforcement agreements with the agency since 2010. INEOS has still not resolved all of its violations in this case. The TCEQ has a legal right to demand payment of any deferred penalty amount for failure to comply with an agreed order’s terms and conditions.