You are here:

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 01/15/20	2018-004-344-CE	Landscape Irrigation Backflow Assemblies This rulemaking would amend Chapter 344 in order to: classify irrigation systems as health hazards; update the acceptable backflow assemblies for use in protection against an irrigation system; amend the terminology used to refer to a backflow prevention assemblies; and revise the acceptable methods for backflow prevention. This rulemaking is a follow-up to two petitions submitted by the Irrigator Advisory Council.	Executive Summary Ch. 344
Public Hearing 02/27/20
Comments Due 03/03/20 Submit via eComments 01/31/20 – 03/03/20
Approval Date 01/15/20	2019-122-114-AI	HB 1346 and HB 1627: Diesel Emissions Reduction Incentive Program This rulemaking would implement House Bill 1346 and House Bill 1627 by providing for the Diesel Emissions Reduction Incentive Program amendments concerning eligible counties and minimum use commitments.	Executive Summary Ch. 114
Public Hearing 02/25/20
Comments Due 03/03/20 Submit via eComments 01/31/20 – 03/03/20
Approval Date 01/15/20	2019-125-328-AD	SB 1376: Governmental Entity Recycling and Preference for Recycled Products This rulemaking would create new Chapter 328, Subchapter K, to establish rules required by Texas Health and Safety Code, §361.425 and §361.426. This rulemaking would document the requirement for governmental entities to establish a program for the separation and collection of recyclable materials generated by the entity; establish that government entities shall give a preference in purchasing for products made of recycled materials; and provide for an exemption from the requirements.	Executive Summary Ch. 328
Public Hearing 02/27/20
Comments Due 03/03/20 Submit via eComments 01/31/20 – 03/03/20
Approval Date 12/18/19	2019-085-335-WS	HB 1953 and Phase I: RCRA Authorization for Parts of Federal Rule Clusters XXIV, XXV, and XXVII This rulemaking would adopt federal rule changes into state regulations, and clean up errors in state regulations.	Executive Summary Ch. 305 Ch. 335
Public Hearing 02/06/20
Comments Due 02/11/20 Submit via eComments 01/10/20 – 02/11/20
Approval Date 12/18/19	2019-118-305-OW	HB 2771: Adoption by Reference of Federal Effluent Limitation Guidelines (40 CFR Parts 435 and 437) This rulemaking would implement HB 2771, 86th Texas Legislature, 2019, and adopt by reference 40 CFR Parts 435 and 437 (relating to Oil and Gas and Centralized Waste Treatment Effluent Limitation Guidelines).	Executive Summary Ch. 305
Public Hearing 02/04/20
Comments Due 02/11/20 Submit via eComments 01/10/20 – 02/11/20
Approval Date 11/20/19	2017-037-352-WS	SB 1 (Rider 31) and Registration Program for Coal Combustion Residuals (CCR) Implementation This rulemaking would implement SB 1 (Rider 31), 85th Texas Legislature, 2017. Additionally, this rulemaking also implements the requirements 40 CFR Part 257, Subpart D and the WIIN Act, and CCR Registration Program Design.	Executive Summary Ch. 352
Public Hearing 01/09/20
Comments Due 01/31/20 Extension of Comment Period Submit via eComments 12/13/19 – 01/31/20
Approval Date 11/20/19	2019-116-297-OW	HB 720 and HB 1964: Procedure for Action on Certain Water Right Amendment Applications and Surface Water Appropriations for Aquifer Recharge and Aquifer Storage and Recovery This rulemaking would implement House Bill (HB) 720 and HB 1964, 86th Texas Legislature, 2019, by amending existing requirements for underground injection control program public notice to include aquifer recharge (AR) projects; amend existing definitions, authorization mechanisms, standards, and requirements to include new standards for AR projects; and add new Chapter 331, Subchapter O to implement Texas Water Code (TWC), Chapter 27, Subchapter H. This rulemaking would also amend existing requirements for water right applications related to technical review and public notice; add and revise definitions; define availability criteria for various types of AR and aquifer storage and recovery projects; and implement the provisions of TWC, §§11.023, 11.122(b-3), 11.157, and 11.158. The rulemaking would also remove obsolete text in §39.651(e) as a result of the Quadrennial Review of Chapter 39.	Executive Summary Ch. 39 Ch. 281 Ch. 295 Ch. 297 Ch. 331
Public Hearing 01/07/20
Comments Due 01/21/20 Submit via eComments 12/13/19 – 01/21/20
Approval Date 11/20/19	2019-117-331-WS	SB 483 and SB 520: Permits and the Storage and Recovery of Water in a Portion of the Edwards Aquifer This rulemaking would implement Senate Bill (SB) 483 and SB 520, 86th Texas Legislature, 2019, relating to certain injection wells in the Edwards Aquifer and injection wells within the boundaries of the Barton Springs Edwards Aquifer Conservation District, including injection wells used for aquifer storage and recovery projects.	Executive Summary Ch. 331
Public Hearing 01/14/20
Comments Due 01/21/20 Submit via eComments 12/13/19 – 01/21/20
Approval Date 11/20/19	2019-127-101-AI	SB 698: Amendments to the Expedited Permitting Program This rulemaking would implement Senate Bill 698, 86th Texas Legislature, 2019. Specifically, the rulemaking would open 30 TAC §101.601 (Surcharge) to implement the legislation.	Executive Summary Ch. 101
Public Hearing 01/07/20
Comments Due 01/21/20 Submit via eComments 12/13/19 – 01/21/20
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 This rulemaking is a follow-up 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