Recent Texas Rules Updates
Beveridge & Diamond, P.C. - Texas Environmental Update, April 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
SB 1673: Concurrent Renewals and Amendments
- Scheduled for Commission consideration: May 7, 2008
These rules would implement provisions of SB 1673 adopted by the 80th Legislature relating to the concurrent submittal of a renewal application with an amendment application.
Waste Rules
Adoptions
HB 1956: PST Financial Assurance
- Commission approval date: April 16, 2008
- Effective date: May 8, 2008
These rules, among other things, require underground storage tank owners or operators to include evidence of financial assurance along with self-certification forms and empty their tanks within 90 days of termination of financial assurance coverage unless they obtain coverage.
MSW Revisions to Chapters 305 and 330
- Scheduled for Commission consideration: May 7, 2008
This rulemaking would make a number of changes to the procedural requirements for processing certain municipal solid waste permit amendments and modifications including applicable notice requirements.
HB 2714: Computer Equipment Recycling Program
- Scheduled for Commission consideration: May 21, 2008
This rulemaking would implement HB 2714, 80th Legislature, relating to the establishment of a computer recycling program in Texas. These rules were continued from the April 2, 2008 Commission agenda to allow the Executive Director’s staff to develop rule language addressing the adoption of standards approved by the Institute of Scrap Recycling Industries, Inc.
Proposals
HB 3554, HB 1956: Regulation, Remediation, and Financial Assurance of ASTs and USTs
- Commission approval date: April 16, 2008
- Comments due: June 2, 2008
These rules changes would address the extension of the PST reimbursement program and related deadlines, secondary containment requirements of federal law, financial assurance requirements and technical standards.
Water Rules
Adoptions
HB 3098: Edwards Aquifer Fees
- Commission approval date: April 2, 2008
- Effective date: April 24, 2008
These rules implement HB 3098 adopted by the 80th Legislature and establish a new fee structure for Edwards Aquifer plans submitted to TCEQ for regulated activities.
Proposals
SB 3, HB 4, HB 1391: Standards for Harvested Rainwater and Public Safety Standards
- Commission approval date: April 16, 2008
- Comments due: June 2, 2008
This rulemaking would address standards for certain rainwater harvesting systems and for sufficient water pressure for service to fire hydrants in residential areas within a municipality with a population of at least one million.
General Applicability Rules
Proposals
HB 3560: Transfer of Duties from the Texas Building and Procurement Commission to the Texas Comptroller of Public Accounts
- Scheduled for Commission consideration: May 7, 2008
These rule changes would reflect the transfer of certain powers and duties from the Texas Building and Procurement Commission to the Texas Comptroller of Public Accounts as provided by HB 3560, 80th Legislature.
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