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

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