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TCEQ approves publication of proposed underground injection control rule changes to implement new legislation
Summary
Commissioners approved publication and public hearing for proposed amendments to 30 TAC chapter 331 implementing Senate Bills 616 and 1061, which modify rules for aquifer storage and recovery and certain class 3 production-area authorization amendments.
The Texas Commission on Environmental Quality voted to publish and solicit comment on proposed amendments to the underground injection control rules (30 Texas Administrative Code chapter 331) to implement Senate Bill 616 and Senate Bill 1061 from the 89th Texas Legislature.
Dan Hannah of the Underground Injection Control section told the commission the proposed rulemaking would: allow injection wells to transect the Edwards Aquifer for aquifer storage and recovery (ASR) projects east of I-35 in Williamson County and in Medina County; remove the opportunity for contested-case hearings for certain amendments to Class 3 production-area authorizations if statutory conditions are met; and direct TCEQ to prioritize conservation of regional groundwater supplies when reviewing applications to amend restoration-table values.
The Office of Public Interest Counsel recommended publication and noted ASR projects may provide alternative water sources and drought resilience while the statutory changes narrow opportunities for contested cases in specified, limited circumstances. Commissioners asked staff to solicit public comment where any proposed rule language differs from the statute and to highlight any such differences during the public-comment period.
The commission approved publication and scheduled an in-person and virtual hearing during the comment period as required by rule.
