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TCEQ to amend permit rules after SB 1302 adds limits on automated issuance for poor compliance histories
Summary
Staff said SB 1302 amended the Texas Water Code to limit automated general-permit issuance for entities with unsatisfactory compliance histories and that TCEQ plans to amend 30 TAC Chapter 205 and update 17 general permits on a five-year renewal cycle, with proposal expected at the commissioners' agenda on 2026-08-12.
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Shannon Gibson told the work group that SB 1302 amended Section 26.040 of the Texas Water Code to add two subsections (H.1 and H.2) establishing that entities that have been denied or suspended a general permit because of an unsatisfactory compliance-history rating cannot be automatically issued or renewed under an automated system unless the executive director authorizes that discharger to use the general permit. She said the bill takes effect 09/01/2025 and that TCEQ will implement the statutory change by amending 30 TAC Chapter 205 to mirror the Texas Water Code.
Gibson said TCEQ intends to amend the 17 general permits as each comes up for its five-year renewal and will update agency technology tools to facilitate the change; she said the rulemaking to amend Chapter 205 is scheduled for proposal on the commissioners' agenda on 2026-08-12 and anticipated publication in the Texas Register on 2026-08-28.
No formal action was taken at the advisory meeting; staff described the phased approach and schedule for rulemaking and permit amendments.

