Recent Texas Rules Updates
Beveridge & Diamond, P.C. - Texas Environmental Update, February 2007
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 Web site.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
Proposals
Transportation-Related Air Rules
- Approved for Proposal: February 21, 2007
- Comments Due: April 9, 2007
In this proposed rulemaking, TCEQ would revise or repeal certain transportation-related air quality rules in 30 TAC Chapter 114. Pursuant to the repeal of the mobile emission reduction credit program and fund by Senate Bill 1032 (79th Texas Legislature), rules relating to that program and fund would be repealed. The proposal would also repeal provisions relating to the EPA-approved state transportation control measure substitution process which has been superseded by the federal surface transportation reauthorization act, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). Finally, the requirement that vehicle manufacturers publish a brochure listing eligible new light-duty motor vehicles on an annual basis in the light-duty motor vehicle purchase or lease incentive program would be repealed pursuant to House Bill 1365 (78th Texas Legislature).
General Air Rule Citations
- Approved for Proposal: February 7, 2007
- Comments Due: March 26, 2007
TCEQ proposes to amend 30 TAC Chapter 101 to reflect revisions made to Chapter 117 in connection with State Implementation Plan amendments. These changes would correct references to Chapter 117 that have changed due to a reorganization of Chapter 117, and revise or delete certain definitions in Chapter 117.
Waste Rules
Proposals
RCRA Rule Clusters XI, XII, XIII, and XV
- Approved for Proposal: February 21, 2007
- Comments Due: April 9, 2007
This proposed rulemaking affects multiple sections of 30 TAC Chapters 305 and 335, relating to Consolidated Permits and Industrial Solid Waste and Municipal Hazardous Waste, and is required by federal RCRA rule changes. The proposed rulemaking would amend the definition of solid waste, which excludes some wastes from being characteristically hazardous, and proposes a number of other changes to both pollutant standards and permit standards for various media.
General Applicability Rules
Proposals
Executive Director Party Status
- Approved for Proposal: February 7, 2007
- Comments Due: March 26, 2007
This proposal changes 30 TAC Section 80.108(a) regarding the party status of the executive director in contested case hearings to give the Commission the express authority to require the executive director to be a party to certain contested case hearings. Under the current rules, the executive director is prohibited from participating in seven types of hearings related to certain permit applications. The change only proposes to change the language in the mandatory abstention subsection of the existing rule, and will give authority to the Commission to direct the executive director to participate as a party in the types of hearings listed in 30 TAC 80.108(a)(1)-(7).
Adoptions
Electronic Reporting
- Approved: February 7, 2007
- Effective: March 15, 2007
The Cross Media Electronic Reporting Rule, or CROMERR establishes performance standards for electronic reporting under federally authorized programs. In this rulemaking TCEQ incorporates EPA requirements relating to electronic reporting, electronic signature devices, responsibilities and liabilities of signatories, and enforcement for failure to comply with electronic reporting rules. In addition, TCEQ extends CROMERR to programs that are not federally funded.
Environmental Management Systems
- Approved: January 24, 2007
- Effective: February 15, 2007
This rulemaking changes the environmental management system approval process. The changes are intended to improve and increase participation in TCEQ’s voluntary recognition program which is renamed the Clean Texas program.
Water Rules
There are no new significant water rules to report since the January 2007 issue of the Texas Environmental Update.
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