TCEQ implements new limits tied to high‑level radioactive‑waste facilities in stormwater permitting

Texas Commission on Environmental Quality Water Quality Advisory Work Group · January 29, 2026

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Summary

Agency staff said House Bill 41 12 amends Texas Health and Safety Code 401.0525(c) to prohibit certain stormwater and construction-authority permits for facilities licensed by the NRC for high-level radioactive-waste storage or disposal; TCEQ updated electronic application forms and STEERS to reflect the restriction and said no rulemaking is required.

TCEQ staff told the work group that House Bill 41 12 amended Texas Health and Safety Code 401.0525(c) to prevent the commission from authorizing certain construction-general-permit activities or multisector/stormwater permits for facilities licensed by the U.S. Nuclear Regulatory Commission for the storage or disposal of high-level radioactive waste under 10 CFR part 72.

"We have already amended the application forms," Rebecca Villalva said, noting updates to notice-of-intent and no-exposure certification forms for construction and multisector general permits and corresponding updates to the STEERS e-permitting system. She said the construction general permit was amended Nov. 15 and multisector application forms were updated Dec. 19; pending applications that had not been submitted were archived to ensure the new form and question language apply.

Villalva added that no rulemaking is needed to implement the statutory limitation; instead, TCEQ updated application questions and the e-permitting workflow to block covered facilities from continuing the authorization process.