The Texas Commission on Environmental Quality has proposed changes to the following rules:
30 TAC §§17.4, 17.12, 17.14 – Regarding Tax Relief for Property Used for Environmental Protection
In addition to implementing HB 1897 (83R), the commission is proposing revisions to the Tier I Table as part of the triennial review required in §17.14(b). A triennial review is also required for the Expedited Review List by §17.17(b), in accordance with Texas Tax Code, §11.31(l).
Public hearing: April 3, 2014, at 2:00 p.m. in Building E, Room 201S, at the commission's central office located at 12100 Park 35 Circle, Austin
30 TAC §§18.2, 18.10, 18.15, 18.25, 18.26, 18.30, 18.35 – Regarding Rollback Relief for Pollution Control Requirements
The commission proposes amendments to Chapter 18 to implement 2007 legislation, perform the required review of property on the Tier I Table and Expedited Review List, and make various editorial or administrative changes within the chapter for the rollback tax relief program.
Public hearing: April 3, 2014, at 2:00 p.m. in Building E, Room 201S, at the commission's central office located at 12100 Park 35 Circle, Austin
30 TAC §§290.41, 290.45, 290.46 – Regarding Public Drinking Water
The proposed amendments will reflect changes to Texas Health and Safety Code (THSC), §341.0358 and §341.0359 made by House Bill (HB) 1814, §2, 82nd Legislature, 2011, and HB 1973 and Senate Bill (SB) 1086, §1 and §2, 83rd Legislature, 2013. The proposed amendments will also cover the addition of Texas Water Code (TWC), §13.148, made by HB 252, 83rd Legislature, 2013.
Public hearing: April 8, 2014, at 2:00 p.m. in Building E, Room 201S, at the commission's central office located at 12100 Park 35 Circle, Austin
30 TAC §291.200 – Regarding Utility Regulations
The proposed rulemaking would implement changes made to the Texas Water Code (TWC), §13.148, in House Bill (HB) 252, 83rd Legislature, 2013, relating to the requirement for a retail public utility and each entity from which the utility is obtaining wholesale water service for the utility's retail system to: 1) determine the number of days of water supply available for them to use; and 2) report to the commission when their available water supply is less than 180 days.
Public hearing: April 8, 2014, at 2:00 p.m. in Building E, Room 201S, at the commission's central office located at 12100 Park 35 Circle, Austin
30 TAC §295.13, 295.155, 295.177 – Regarding Water Rights, Procedural
The proposed amendments and new section implement TWC, §5.102, which establishes the commission's general authority necessary to carry out its jurisdiction; §5.103, which establishes the commission's general authority to adopt rules; and §5.105, which establishes the commission's authority to set policy by rule.
Public hearing: April 10, 2014, at 2:00 p.m. in Building E, Room 201S, at the commission's central office located at 12100 Park 35 Circle, Austin
30 TAC §297.18 – Regarding Water Rights, Substantive
In 2013, the 83rd Legislature passed House Bill (HB) 3233, relating to interbasin transfers of state water. HB 3233 amended Texas Water Code (TWC), §11.085, to add language to TWC, §11.085(l)(1), to specify that the commission's analysis of whether the benefits to the receiving basin are greater than the detriments to the basin of origin in an application for an interbasin transfer be based on the factors described in TWC, §11.085(k). HB 3233 also amended TWC, §11.085, to add language to TWC, §11.085(n), to clarify that interbasin transfers based on contracts can be extended as contracts are renewed or extended. Additionally, HB 3233 also amended TWC, §11.085(v)(4), which describes geographic areas exempt from the provisions of TWC, §11.085.
Public hearing: April 10, 2014, at 2:00 p.m. in Building E, Room 201S, at the commission's central office located at 12100 Park 35 Circle, Austin
30 TAC §§321.32 – 321.34, 321.36 – 321.40, 321.44, 321.46, 321.47 – Regarding Control of Certain Activities by Rule
These rules implement the federal Concentrated Animal Feeding Operation (CAFO) Regulations and Effluent Guidelines in accordance with the Texas Memorandum of Agreement (MOA) with the United States Environmental Protection Agency (EPA) regarding delegation of the federal National Pollutant Discharge Elimination System (NPDES) CAFO Program. The primary purpose of the proposed amendments is to implement revised federal CAFO Regulations and Effluent Guidelines in this subchapter that were published in the Federal Register on November 20, 2008, and were effective on December 22, 2008, in accordance with the MOA with the EPA regarding delegation of the federal NPDES CAFO Program. Due to court challenges that successfully vacated portions of the rules, EPA did not finalize these rules until July 19, 2012.