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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)
2024-020-331-WS SB 786 and SB 1186: Transfer of Class V Closed-Loop Geothermal Injection Wells and Class V Brine Disposal Injection Wells to RRC
SB 786 adds new Section 27.037 to Subchapter C, Chapter 27 of the Water Code, which defines a closed-loop geothermal injection well and transfers the jurisdiction of closed-loop geothermal injection wells from TCEQ to the Railroad Commission of Texas (RRC). SB 1186 grants the Railroad Commission of Texas (RRC) jurisdiction over brine mining. The bill adds a definition of “brine mining” and clarifies that the RRC jurisdiction includes the authority to regulate both brine production wells and brine injection wells. The bill also instructs the RRC to seek delegation of EPA authority for this type of Class V injection well.
2024-005-OTH-NR Non-Rule Air Quality Standard Permit for Natural Gas Electric Generating Units
The Air Permits Division is proposing a new Non-Rule Air Quality Standard Permit for natural gas fired electric generating units (EGUs). The new Standard Permit offers applicants more flexibility when seeking authorization of natural gas EGUs at a site and serves as an alternative option to the existing Non-Rule Air Quality Standard Permit for EGUs.
2024-013-114-AI HB 3297 and SB 2102 Implementation and Vehicle Inspection and Maintenance (I/M) Program Updates
Rulemaking is required to implement HB 3297 and SB 2102. I/M program rules would also be updated to remove obsolete provisions and to address inspection fee requirements. Rule project is linked to Non-Rule Project No. 2024-014-SIP-NR to incorporate updates into the SIP.
2024-024-115-AI Industrial Adhesives Contingency Measure Corrections
This rulemaking amends the industrial adhesive VOC content limits in 30 TAC Chapter 115 to correct inadvertently excluded and otherwise incorrectly amended limits. This is a follow-up rulemaking to correct limits adopted in 2023-116-115-AI.
2024-010-336-WS NRC Compatibility and Error Correction
This rulemaking will correct errors, remove obsolete text, modify wording for clarity, and provide TCEQ regulatory flexibility for the training requirements of a Radiation Safety Officer.
2023-135-330-WS House Bill (HB) 3060 Implementation and Minor Program Updates
Amend §281.5 to require an electronic copy of permit applications; repeal obsolete rules from Chapter 281; promulgate rules related to House Bill 3060 in Chapters 328, 330, and 335; correct outdated citations in Chapter 330 and 335.
2024-006-230-OW Groundwater Certification Requirements
Currently, municipalities and counties may require certification during the plat application and approval process that adequate groundwater is available for a proposed subdivision if groundwater under the land is the source of water supply. Senate Bill 2440, 88th Texas Legislature, Regular Session, 2023 amended Local Government Code (LGC), §212.0101 and §232.0032 to require groundwater certification during the platting process with limited exceptions (outlined in the statute).