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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
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