TCEQ Approves Publication of Proposed Amendments to Pollution Control, Public Drinking Water, Interbasin Transfer Rules

On February 26, the following rules were approved by the Texas Commission on Environmental Quality for publication in the Texas Register: Proposed amended 30 TAC Sec. 17.4, 17.12, and 17.14, Tax Relief for Property Used for Environmental Protection; Sec. 18.2, 18.10, 18.15, 18.25, 18.30, and 18.35, Rollback Relief for Pollution Control Requirements; and new Sec. 18.26, Rollback Relief for Pollution Control Requirements

• The rulemaking would amend technical review regulations for applications, remove an outdated reference, and replace the Equipment and Categories List with the Tier I Table and the Expedited Review List (ERL).  This rulemaking is necessary to review the Tier I Table and the ERL.

 
Proposed amendments to 30 TAC Sec. 290.41, 290.45, and 290.46, Public Drinking Water, and proposed new Sec. 291.200, Utility Regulations
 

• The rulemaking would implement the requirement that a utility's wholesale water service provide the commission a report on the status of their water supply once the supply is less than 180 days. The rulemaking would also develop standards for water flow and pressure to fire hydrants.

 
Proposed amendments to 30 TAC Sec. 321.32 – 321.34, 321.36 – 321.40, 321.44, 321.46, and 321.47, Control of Certain Activities by Rule
 

• The rulemaking would implement the new federal Concentrated Animal Feeding Operation (“CAFO”) Regulations and Effluent Guidelines. The rulemaking would also incorporate requirements and concepts from the existing CAFO General Permit and relocate and update certain requirements.

 
Proposed new 30 TAC Sec. 295.177, Water Rights, Procedural and amended Sec. 295.13 and 295.155 and Sec. 297.18, Water Rights, Substantive
 

• The rulemaking would implement House Bill 3233 from the 83rd Regular Session, relating to modifying the requirements of the permitting process for interbasin transfers of surface water.