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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
09/21/2016

2015-035-290-OW Revised Total Coliform Rule Plus (RTCR Plus)
The rulemaking amends Chapter 290 for consistency with the federal Revised Total Coliform Rule; to address EPA comments on the federal Ground Water Rule; and provide clarification on existing state rules.

Executive Summary

Ch. 290

Public Hearing
11/07/16

Comments Due
11/22/16

Submit via eComments
10/07/16 - 11/22/16

Approval Date
09/21/16

2016-039-115-AI VOC RACT Rules for the 2008 HGB Eight-Hour Ozone Nonattainment Area
The rulemaking would revise Chapter 115 to implement RACT requirements for VOC storage vessels in the HGB area.

Executive Summary

Ch. 115

Public Hearing
10/24/16

Comments Due
10/24/16

Submit via eComments
09/23/16 - 10/24/16

Approval Date
09/07/16

2016-031-114-AI Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program (LIRAP) Revisions
The rulemaking would amend definitions in Chapter 114 and incorporate the Tier 3 emission standards established under 40 CFR §86.1811-17 as an eligibility component for replacement vehicles and as a determinant for the replacement compensation amount. It would also specify that no more than $600 may be used for emissions-related repairs per vehicle per year.

Executive Summary

Ch. 114

Public Hearing
10/20/16

Comments Due
10/24/16

Submit via eComments
09/23/16 - 10/24/16

Approval Date
08/24/16

2016-012-122-AI Update to Applicable Requirements for Operating Permits
Revisions to Chapter 122 would reflect current applicable requirements for the Federal Operating Permits Program; particularly the removal of outdated provisions relating to the Clean Air Interstate Rule, the removal of outdated provisions which required certain sources of greenhouse gases to obtain a federal operating permit, and the addition of the Cross-State Air Pollution Rule as an applicable requirement.

Executive Summary

Ch. 122

Public Hearing
10/04/16

Comments Due
10/10/16

Submit via eComments
09/09/16 - 10/10/16

Approval Date
08/03/16

2015-030-011-AD SB 20: Enhanced Contract Monitoring
This rulemaking implements Senate Bill 20 by modifying agency contracting rules in 30 TAC Chapter 11.

Executive Summary

Ch. 11

Public Hearing
09/13/16

Comments Due
09/19/16

Submit via eComments
08/19/16 - 09/19/16

Approval Date
08/03/16

2016-035-336-WS NRC Compatibility Updates
The proposed rulemaking revises rules concerning definitions, general requirements for surveys and monitoring, physical protection of category 1 and Category 2 quantities of radioactive material and licensee notification requirements for by-product material retention systems to ensure compatibility with federal regulations promulgated by the Nuclear Regulatory Commission (NRC).

Executive Summary

Ch. 336

Public Hearing
09/06/16

Comments Due
09/19/16

Submit via eComments
08/19/16 - 09/19/16

Approval Date
07/06/16

2015-028-210-OW HB 1902: Graywater and Alternative Onsite Water Reuse
The rulemaking would implement HB 1902 by amending 30 TAC Chapters 210 and 285 in regards to regulation and use of graywater and alternative onsite water.

Executive Summary

Ch. 210

Ch. 285

Public Hearing
08/16/16

Comments Due
08/22/16

Submit via eComments
07/22/16 - 08/22/16

Approval Date
07/06/16

2016-010-114-AI Chapter 114 Clean-up and Repeal of the VAVR Program
The rulemaking would repeal the VAVR program to remove obsolete requirements that provide no benefit to the state and are no longer considered viable since the adoption and implementation of the LIRAP. The rulemaking would also address outdated and obsolete citation references.

Executive Summary

Ch. 114

Public Hearing
08/18/16

Comments Due
08/22/16

Submit via eComments
07/22/16 - 08/22/16

Approval Date
07/06/16

2016-021-331-WS HB 2230: Dual Authorizations
This rulemaking implements House Bill (HB) 2230, which enables the TCEQ to authorize an injection well used for oil and gas waste disposal permitted by the Railroad Commission of Texas (RRC) to be used for the disposal of nonhazardous brine generated by a desalination operation or nonhazardous drinking water treatment residuals (DWTR).

Executive Summary

Ch. 331

Public Hearing
08/16/16

Comments Due
08/22/16

Submit via eComments
07/22/16 - 08/22/16

Approval Date
07/06/16

2016-030-039-LS Concrete Batch Plant Notice
This rulemaking amends existing public participation rules to allow for consolidated notices of application and draft permit for registrations for Air Quality Standard Permits for Concrete Batch Plants.

Executive Summary

Ch. 39

Ch. 55

Public Hearing
08/10/16

Comments Due
08/22/16

Submit via eComments
07/08/16 - 08/22/16

Approval Date
07/06/16

2016-032-113-AI Maximum Achievable Control Technology (MACT) and Generally Available Control Technology (GACT) Standards Update
New and amended federal regulations need to be incorporated by reference into Chapter 113 for the purpose of delegation.

Executive Summary

Ch. 113

Public Hearing
08/18/16

Comments Due
08/22/16

Submit via eComments
07/22/16 - 08/22/16

Approval Date
07/06/16

2016-040-101-CE Clarification of Affirmative Defense for Certain Excess Emissions
This rulemaking will respond to the EPA’s SSM SIP Call and clarify that the TCEQ’s affirmative defense provisions for certain excess emissions are not intended to limit a federal court’s ability to determine appropriate remedies.

Executive Summary

Ch. 101

Public Hearing
08/08/16

Comments Due
08/08/16

Submit via eComments
07/08/16 - 08/08/16

Approval Date
06/22/16

2015-039-009-AD HB 3337: Education and Training
This rulemaking would implement House Bill 3337, 84th Texas Legislature, by updating training and education procedures for state agency administrators and employees.

Executive Summary

Ch. 9

Public Hearing
08/02/16

Comments Due
08/08/16

Submit via eComments
07/08/16 - 08/08/16

Approval Date
06/22/16

2016-026-116-AI Repeal of Obsolete Notification and Comment Procedures
Repeal of 30 TAC Chapter 116, Subchapter B, Division 3: Public Notification and Comment Procedures; rules have been superseded by portions of 30 TAC Chapter 39.

Executive Summary

Ch. 116

Public Hearing
08/02/16

Comments Due
08/08/16

Submit via eComments
07/08/16 - 08/08/16

Approval Date
05/25/16

2016-020-007-OW MOU Between the Texas State Soil and Water Conservation Board and TCEQ
This MOU rulemaking is a coordination between TCEQ and TSSWCB that adopts by reference updates and procedures for coordinating the jurisdictional authority, program responsibilities, procedural mechanisms for point and nonpoint source pollution programs, and to incorporate applicable conditions of the Letter of Agreement into the MOU.

Executive Summary

Ch. 7

Public Hearing
07/12/16

Comments Due
07/15/16

Submit via eComments
06/10/16 - 07/15/16

Approval Date
05/11/16

2015-029-295-OW HB 2031 and HB 4097: Marine Seawater Desalination
This rulemaking will create a new permitting process related to marine seawater desalination and update the agency's rules to include references to new Texas Water Code, Chapter 18, created to address marine seawater desalination projects.

Executive Summary

Ch. 39

Ch. 295

Ch. 297

Ch. 318

Public Hearing
06/21/16

Comments Due
07/05/16

Submit via eComments
05/27/16 - 07/05/16