Recent Texas Rules Updates
Beveridge & Diamond, P.C. - Texas Environmental Update, January 2008
This section highlights recent significant TCEQ rule activities and includes proposals and adoptions organized by media. Additional information on TCEQ rule developments is available on the TCEQ website.1 Because the dates anticipated for Commission consideration, public comment, and Texas Register filing may change from time to time, interested persons are encouraged to confirm these dates.
Air Rules
Adoptions
HB 3732: Advanced Clean Energy Project Permitting
- Commission approval of adoption: December 19, 2007
- Effective Date: January 10, 2008
These rules specify certain deadlines for TCEQ’s review of Advanced Clean Energy Project (ACEP) air permit applications and implement provisions of HB 3732, passed by the 80th Legislature.
SB 12: Idling of Motor Vehicles
- Scheduled for Commission consideration: January 30, 2008
This rulemaking implements the provisions of SB 12 that, among other things: (i) extend the expiration of prohibitions on TCEQ to adopt rules restricting certain idling activities from September 1, 2007 to September 1, 2009 and (ii) prohibit vehicle idling in residential areas and within 1,000 feet of hospitals.
Proposals
Repeal of Rock Crusher, Asphalt Concrete Plant and Sawmill Permits By Ruler
- Scheduled for Commission consideration: January 30, 2008
This rulemaking would repeal the existing TCEQ permits by rule for rock crushers, asphalt concrete plants and sawmills. New standard permits have or are being developed to authorize these activities.
Waste Rules
Adoptions
SB 1604: Uranium Mining and Radioactive Waste (Phase I)
- Scheduled for Commission consideration: January 30, 2008
This rulemaking would implement SB 1604, passed by the 80th Legislature, relating to the transfer of certain regulatory responsibilities for radioactive waste from the Texas Department of State Health Services to TCEQ.
Proposals
Hazardous Household Waste Rules Revisions
- Scheduled for Commission consideration: January 30, 2008
This rulemaking would revise existing TCEQ rules relating to hazardous household collection programs. Among other things, the rules would distinguish between permanent collection centers and one-day collection events and provide criteria for use of mobile collection units.
HB 3220: Dry Cleaner Regulation and Remediation
- Scheduled for Commission consideration: January 30, 2008
These rules would implement changes to the dry cleaner environmental response program made by HB 3220, passed by the 80th Legislature. These changes include provisions relating to registration requirements and prohibition of use of perchloroethylene at sites where TCEQ has completed corrective action.
HB 1457, HB 1719: Disposal and Storage of Carcasses
- Commission approval of proposal: January 16, 2008
These rules would implement legislation adopted during the past session that eliminates: (i) the use of poultry carcasses as swine food as a disposal option and (ii) the requirement the burial of animal carcasses under certain circumstances.
Water Rules
Adoptions
EPA Public Drinking Water Stage 2 Project
- Commission approval of adoption: December 19, 2007
- Effective Date: January 10, 2008
These rules implement EPA’s Stage 2 Disinfectants and Disinfection Byproducts Rule, Long Term Stage 2 Enhanced Surface Water Treatment Rule, Ground Water Rule and Public Notice Rule as necessary to maintain primary enforcement authority over public water systems in Texas.
HB 4, SB 3: Water Conservation Plan Review
- Commission approval of adoption: December 19, 2007
- Effective Date: January 10, 2008
These rules implement the requirements of SB 3 and HB 4 for water conservation plan review. Among other things, the rules: (i) define best management practices for water conservation plans; and (ii) require that entities required to submit a water conservation plan to TCEQ also submit a copy to the executive administrator of the Texas Water Development Board.
Proposals
HB 149, HB 3475, SB 3: Temporary Rates, Border Counties Water and Sewer Systems, CCNs and Rates
- Commission approval of proposal: January 16, 2008
This rulemaking would implement certain changes made by recent legislation affecting the provision of water and sewer service by retail public utilities in the state.
Occupational Licensing Rules
Proposals
HB 1656: Occupational Licensing
- Commission approval of proposal: January 16, 2008
This rulemaking would specify requirements for obtaining and maintaining irrigation technician and irrigation inspector licenses. The rules would also phase out the use of installer licenses.
Chapter 344: Landscape Irrigation
- Commission approval of proposal: January 16, 2008
These rules would implement HB 4, HB 1656 and HB 3, passed by the 80th Legislature, by addressing the standards for the design, installation and operation of irrigation systems, water
conservation, and the responsibilities of licensed irrigators, installers, irrigation technicians and irrigation inspectors.
General Applicability Rules
Adoptions
HB 3732: Property Tax Exemptions
- Commission approval of adoption: January 16, 2008
This rulemaking would implement certain changes made by HB 3732, passed by the 80th Legislature, relating to tax relief for property used for environmental protection. Among other things, this legislation requires TCEQ to adopt by rule a list of 18 pollution control property categories, including 17 specific categories and one general category of equipment. The rules add these 18 pollution control property categories and change the application review process.
Proposals
Compliance History
- Scheduled for Commission consideration: January 16, 2008
Postponed until the February 29, 2008 work session at which time both the Compliance History and Penalty Policy revisions will be considered.
This rulemaking would revise the current compliance history rule as a result of TCEQ’s Enforcement Process Review. Among other things, the rules would revise the compliance history formula and appeal of classification provisions. The rules would also require sellers to disclose compliance history information prior to a change of ownership.
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