You are here: Home Rules Rule Proposals

Rule Proposals

Proposals are rules that have been approved by the commissioners to be published in the Texas Register for public comment.

 

PROPOSALS are rules that have been approved by the commissioners to be published in the Texas Register for public comment. The public comment period usually lasts for 30 days after the publication date. After the public comment period has closed, staff evaluates all comments and makes appropriate changes to the proposed rule. The draft adoption is then filed with the Chief Clerk and moved to Pending Adoptions.

Proposal Dates Rule Project Number Short Title/Description Proposal
PDF)

Approval Date
04/11/12

2011-025-335-WS RCRA Authorization for Parts of Federal Rule Clusters XIX - XXI
This rulemaking initiative will update 30 TAC Chapters 305 and 335 to include federal rule changes that are both mandatory and optional and are set forth in parts of RCRA Clusters XIX-XXI. Additionally, revisions to 30 TAC Chapters 305, 324, and 335 are included in the rulemaking project to make corrections to existing rule language in response to specific recommendations by EPA. Furthermore, revision to Financial Assurance (FA) requirements in Chapter 305 for transfer of a hazardous waste permit are included in the rulemaking project to ensure that FA requirements are consistent among all TCEQ programs.

Executive Summary

Ch. 324

Ch. 305

Ch. 335

Public Hearing
None

Comments Due
05/29/12

Submit via eComments
04/27/12 - 05/29/12

Approval Date
03/28/12

2011-034-070-CE HB 2694 (4.09): Enforcement Policy
The proposed rulemaking would revise 30 TAC Chapter 70 to implement Section 4.09 of HB 2694 (TCEQ Sunset Bill), 82nd Legislature, Regular Session, 2011. Section 4.09 directs the TCEQ to adopt a general enforcement policy that describes the commission’s approach to enforcement.

Executive Summary

Ch. 70

Public Hearing
05/08/12

Comments Due
05/14/12

Submit via eComments
04/13/12 - 05/14/12

Approval Date
03/28/12

2011-059-298-OW Environmental Flow Standards 2: Colorado/Lavaca and Guadalupe/San Antonio
Implements HB 3 and SB 3, 80th Legislative Session, 2007, by establishing environmental flow standards for the Colorado and Lavaca Rivers and Matagorda and Lavaca Bays and the river basin and bay system of the Guadalupe, San Antonio, Mission, and Aransas Rivers and the Mission, Copano, Aransas and San Antonio Bays.

Executive Summary

Ch. 298

Public Hearing
05/08/12

Comments Due
05/14/12

Submit via eComments
04/13/12 - 05/14/12

Approval Date
03/07/12

2009-001-114-EN Revision of TxLED Rules
The proposed rulemaking would define biodiesel and biodiesel blends; require approved alternative diesel fuel formulations for biodiesel blends of up to 20% biodiesel by volume to comply with the active version of ASTM D7467 (Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6 to B20); establish new designated alternative limits for TxLED fuel properties; remove expired registration requirements and establish new registration requirements for identifying production and import facilities; revise approval procedures for alternative diesel fuel formulations; require all new alternative diesel fuel formulations for biodiesel blends of up to 20% biodiesel by volume to demonstrate compliance with the active version of ASTM D7467 (Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6 to B20); specify that all approved alternative diesel formulations are subject to revocation if emissions performance is not maintained; allow all alternative diesel formulations approved by the TCEQ prior to September 1, 2011, to remain in effect; revise reporting requirements to include production and import facility data; require alternative emission reduction plans using the Unified Model to determine compliance each calendar quarter; remove expired early gasoline sulfur reduction credits provisions; and make other clarifying changes as needed for accuracy and consistency.

Executive Summary

Ch. 114

Public Hearing
04/26/12

Comments Due
04/27/12

Submit via eComments
03/23/12 - 04/27/12

Approval Date
03/07/12

2011-044-030-WS HBs 965 & 1674 and SB 1733: Occupational Licensing
The proposed rulemaking will implement: HB 965, which requires the commission to accept internet based continuing education programs for occupational licenses issued by the TCEQ and provide a way for certain license holders to certify at the time their license is renewed that they have complied with the commission’s continuing education requirements; HB, 1674 which requires that the commission refuse to accept an application for issuance of a license or renewal of an existing license of that applicant who has been identified by a child support agency, as being delinquent on child support payments; and SB 1733, which requires the commission to adopt rules for the issuance of the license to an applicant who is the spouse of a person serving on active duty as a member of the armed forces of the United States and holds a current license issued by another state that has licensing requirements that are substantially equivalent to the requirements for the license; or within the five years preceding the application date held the license in this state that expired while the applicant lived in another state for at least six months. The bill also requires that the rules include provisions to allow alternative demonstrations of competency to meet the requirements for obtaining the license.

Executive Summary

Ch. 30

Public Hearing
04/12/12

Comments Due
04/23/12

Submit via eComments
03/23/12 - 04/23/12

Approval Date
03/07/12

2011-054-294-OW SB 313 and SB 660 (Sections 17 and 18): Groundwater Management
This rulemaking implements SB 313 and SB 660 (Sections 17 and 18) by amending 30 TAC Chapters 293 and 294.

Executive Summary

Ch. 293

Ch. 294

Public Hearing
04/17/12

Comments Due
04/23/12

Submit via eComments
03/23/12 - 04/23/12

Approval Date
02/22/12

2011-060-114-EN SB 493: Motor Vehicle Idling
This rulemaking will add a new exemption for a motor vehicle with a gross vehicle weight rating greater than 8,500 pounds equipped with a 2008 and newer diesel engine that has been certified by the United States Environmental Protection Agency or another state environmental agency to emit no more than 30 grams of nitrogen oxides emissions per hour when idling.

Executive Summary

Ch. 114

Public Hearings
04/02/12 and 04/03/12

Comments Due
04/09/12

Submit via eComments
03/02/12 - 04/09/12

Approval Date
02/22/12

2012-008-106-AI HB 3268: Combined Heat and Power Engines and Turbines
Create a permit by rule authorizing natural gas powered engines used for electric generation and industrial heating. This project would implement HB 3268, 82nd Legislature, 2011.

Executive Summary

Ch. 106

Public Hearing
04/03/12

Comments Due
04/09/12

Submit via eComments
03/09/12 - 04/09/12

Approval Date
02/22/12

2012-015-116-AI NSR Reform Revisions
Address further United States Environmental Protection Agency concerns concerning approvability of New Source Review reform as a state implementation plan amendment.

Executive Summary

Ch. 116

Public Hearing
03/29/12

Comments Due
04/09/12

Submit via eComments
03/09/12 - 04/09/12

Approval Date
02/08/12

2011-023-331-WS Use of a Class I Well for Disposal of Certain Wastes through Underground Injection into a Bedded Salt Formation
The purpose of this rulemaking is to amend existing rules, add new rules, and develop guidance pertaining to the use of a Class I well for disposal of nonhazardous drinking water treatment residuals (DWTR) into a bedded salt formation. This includes disposal of nonhazardous DWTR that contain naturally-occurring radioactive material (NORM). For commercial disposal of DWTR containing NORM, Class I permitting would be accompanied by a radioactive materials license.

Executive Summary

Ch. 331

Public Hearing
03/20/12

Comments Due
03/27/12

Submit via eComments
02/24/12 - 03/27/12

Approval Date
02/08/12/

2011-039-293-OW HB 2694 (4.23, 5.01, 6.04 and Art. 9), HB 3002, SB 1361: Aquaculture Definition, Water Fee Repealer, Water District Financial Reporting, and Water Rate Notice
Implements HB 3002 and SB 1361, and Section 4.23 of HB 2694, Water District Financial Reporting; and, Sections 5.01, 6.04, and Art. 9 of HB 2694 by amending 30 TAC Chapters 291, 293, and 297.

Executive Summary

Ch. 291

Ch. 293

Ch. 297

Public Hearing
03/20/12

Comments Due
03/26/12

Submit via eComments
02/24/12 - 03/26/12

Approval Date
02/08/12

2011-040-285-CE HB 2694 (8.01 - 8.06) & HB 240: TOWTRC/Repeal, Funding & Fee
House Bill 2694 abolished the Texas On-Site Research Council (Council). This rulemaking will remove references to the Council from 30 TAC Chapter 285. The proposed rulemaking would also amend Chapter 285, Subchapter D to provide requirements for OSSF systems installed after September 1, 2012, to be designed to prevent unauthorized access, which would implement the requirements of HB 240, 82nd Legislature, 2011.

Executive Summary

Ch. 285

Public Hearing
03/21/12

Comments Due
03/26/12

Submit via eComments
02/24/12 - 03/26/12

Approval Date
02/08/12

2011-048-330-WS SB 1258: Disposal of Demolition Waste
This rulemaking would implement SB 1258, 82nd Legislature, 2011, which authorizes the commission to issue permits by rule to the governing body of a county or a municipality with a population of 10,000 or less, in arid-exempt areas for disposal of demolition waste from abandoned or nuisance buildings.

Executive Summary

Ch. 330

Public Hearing
03/22/12

Comments Due
03/26/12

Submit via eComments
02/24/12 - 03/26/12

Approval Date
01/25/12

2011-032-060-CE HB 2694 (4.01 and Article 4): Compliance History
The proposed rulemaking would revise Chapter 60, Compliance History, to implement HB 2694, 82nd Legislature, Regular Session, 2011.

Executive Summary

Ch. 60

Proposed Chapter 60 Compliance History Test Scores

Public Hearing
03/06/12

Comments Due
03/23/12*

Submit via eComments
02/10/12 - 03/23/12*

* Comment due date extended from 3/12/12

Approval Date
01/25/12

2011-047-090-AD HB 2694 (4.06 & 4.08): Incentives
The proposed rulemaking would make conforming changes to Chapter 90, Innovative Programs, to implement HB 2694, 82nd Legislature, Regular Session, 2011.

Executive Summary

Ch. 90

Public Hearing
None

Comments Due
03/12/12

Submit via eComments
02/10/12 - 03/12/12

 

Document Actions