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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 11/06/19	2019-102-295-OW	Diversion and Discharge Zones for Marine Seawater Desalination Plants This rulemaking is a follow up to House Bill 2031, 84th Texas Legislature, 2015, regarding diversion and discharge zones for marine seawater desalination plants.	Executive Summary Ch. 295 Ch. 297 Ch. 318
Public Hearing 12/17/19
Comments Due 01/06/20 Submit via eComments 11/22/19 – 01/06/20
Approval Date 10/23/19	2019-109-295-OW	Extensions of Time for the Construction of Certain Water Supply Reservoirs Follow up rulemaking to the Petition for the City of Wichita Falls (2019-098-PET-OW).	Executive Summary Ch. 295
Public Hearing 12/03/19
Comments Due 12/16/19 Submit via eComments 11/08/19 – 12/16/19
Approval Date 10/23/19	2019-119-039-LS	Repeal of Obsolete Public Notice and Participation Rules for Certain Permit Applications This rulemaking would repeal the following rules which the commission determined to be obsolete: Chapter 39, Subchapters A – E; Chapter 50, Subchapters A – C; Chapter 55, Subchapters A and B; and §§80.3, 80.5 and 80.251. Two concurrent rulemakings would address necessary cross-reference and other updates.	Executive Summary Ch. 39 Ch. 50 Ch. 55 Ch. 80
Public Hearing 12/10/19
Comments Due 12/16/19 Submit via eComments 10/25/19 – 12/16/19
Approval Date 10/23/19	2019-120-039-LS	Post Quadrennial Review of Public Notice and Procedural Rules: Amendments and SIP Revisions This rulemaking would amend sections to update cross references due to a concurrent proposed repeal of obsolete public notice and public participation rules. These amendments would also, if adopted, be proposed as revisions to the State Implementation Plan (SIP).	Executive Summary Ch. 39 Ch. 55 Ch. 101 Ch. 116
Public Hearing 12/10/19
Comments Due 12/16/19 Submit via eComments 10/25/19 – 12/16/19
Approval Date 10/23/19	2019-121-033-LS	Amendments and New Rules to Implement Quadrennial Review of Public Notice and Procedural Rules This rulemaking would address necessary changes to rules in various chapters due to a concurrent proposed repeal of obsolete public notice and public participation rules.	Executive Summary Ch. 33 Ch. 35 Ch. 39 Ch. 50 Ch. 55 Ch. 60 Ch. 70 Ch. 80 Ch. 90 Ch. 205 Ch. 285 Ch. 294 Ch. 305 Ch. 321 Ch. 330 Ch. 331 Ch. 332 Ch. 334 Ch. 335 Ch. 350
Public Hearing 12/10/19
Comments Due 12/16/19 Submit via eComments 11/08/19-12/16/19
Approval Date 10/09/19	2017-035-312-OW	Administrative Updates to the Sludge Rule The rulemaking would improve readability, clarify rule requirements, and remove inconsistencies.	Executive Summary Ch. 312
Public Hearing 11/19/19
Comments Due 11/26/19 Submit via eComments 10/25/19 – 11/26/19
Approval Date 09/11/19	2019-074-117-AI	NOx RACT Rules for the HGB and DFW 2008 Eight-Hour Ozone Nonattainment Area Reclassifications This rulemaking would revise Chapter 117 to implement Reasonably Available Control Technology (RACT) requirements for major sources of NOx in the Houston-Galveston-Brazoria and Dallas-Fort Worth and ozone nonattainment areas to fulfill federal NOx RACT requirements based on the reclassification to serious for both areas for the 2008 eight-hour ozone NAAQS. The proposed rulemaking focus is on implementing RACT requirements for Wise County.	Executive Summary Ch. 117
Public Hearing 10/14/19 10/17/19
Comments Due 10/28/19 Submit via eComments 09/13/19 – 10/28/19
Approval Date 09/11/19	2019-075-115-AI	VOC RACT Rules for the HGB and DFW 2008 Eight-Hour Ozone Nonattainment Area Reclassifications This rulemaking would revise Chapter 115 to implement Reasonably Available Control Technology requirements for CTG emission source categories and non-CTG major sources of VOC in the Houston-Galveston-Brazoria and Dallas-Fort Worth areas. The major source threshold for serious nonattainment areas is the potential to emit 50 tons per year (tpy) of VOC. The proposed rulemaking focus is on updating the major source threshold for storage tanks in Wise County to 50 tpy achieving consistency with the thresholds for the rest of the Dallas-Fort Worth nonattainment area.	Executive Summary Ch. 115
Public Hearing 10/14/19 10/17/19
Comments Due 10/28/19 Submit via eComments 09/13/19 – 10/28/19
Approval Date 06/12/19	2016-042-309-OW	Amendment of Chapters 222 and 309 Relating to Beneficial Reuse Credits This rulemaking would amend Chapter 222 and 309 to reduce the size of effluent storage ponds and land application area based on the volume of wastewater that is beneficially reused.	Executive Summary Ch. 222 Ch. 309
Public Hearing 07/25/19
Comments Due 07/30/19 Submit via eComments 06/28/19 - 07/30/19