Beveridge & Diamond
 

Recent Texas Rules Updates

Beveridge & Diamond, P.C. - Texas Environmental Update, June 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 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

Transportation Conformity Rule and State Implementation Plan Revision

  • Approved:  June 27, 2007

This rule change would incorporate recent federal transportation conformity revisions into the state SIP and rule.  The recent federal changes include those from the Safe, Accountable, Flexible, Efficient Transportation Equity Act:  A Legacy for Users (SAFETEA-LU), which substantially reduce the requirements for states to revise rules and/or SIPs each time there is a revision of federal transportation conformity rules.  This rulemaking also incorporates other changes in the federal transportation conformity rule and other related rules and guidance including those governing toll roads, PM2.5 precursors and hot-spot analysis.

Transportation – Air Quality Revisions

  • Approved:  June 27, 2007

This rulemaking aligns certain transportation-related air quality rules in 30 TAC Chapter 114 with recent federal and state statutory changes.  The rules would amend or repeal provisions related to the following:  mobile emission reduction credit program and fund; transportation control measures (TCM) substitution, and vehicle emissions information brochure.

Stage II Vapor Recovery Rule Revision

  • Approved:  June 27, 2007

This rule change would remove Stage II requirements for those facilities where 95% or more of the motor vehicle fleet being fueled on-site is equipped with an ORVR system used to capture vapors otherwise vented to the atmosphere.

General Applicability Rules

Executive Director Party Status

  • Approved:  June 27, 2007

This rulemaking would amend 30 TAC §80.108 to provide the commission with express authority to direct the executive director to participate in contested case hearings. 

There are no new significant waste rules or water rules to report since the May 2007 issue of Texas Environmental Update.

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1  http://www.tceq.state.tx.us/rules/whatsnew.html