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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 DatesRule Project NumberShort Title/DescriptionProposal (PDF)

Approval Date
11/06/19

2019-102-295-OWDiversion 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-OWExtensions 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-LSRepeal 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-LSPost 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-LSAmendments 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-OWAdministrative 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-AINOx 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-AIVOC 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-OWAmendment 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