TCEQ begins rulemaking to take over produced-water land-application permitting under SB 1145

Shannon Gibson, Special Assistant with the Water Quality Division, told the work group that SB 1145 ‘‘transfers authority from the Railroad Commission of Texas to TCEQ to issue permits for the land application of produced water from certain mining and oil and gas extraction operations’’ and requires TCEQ to establish application forms, standard operating procedures and regulatory guidance.

Gibson said TCEQ has initiated two rulemakings to implement SB 1145: one to update the memorandum of understanding with the Railroad Commission (to transfer permitting authority) and a second to amend 30 TAC Chapter 309 (domestic wastewater effluent limitations and plant siting) and Chapter 210 (use of reclaimed water) to clarify applicability and allow treated produced water to be used as an industrial reclaimed-water source. She said the agency took the matter before the commissioners for proposal on 04/30/2026, published notice in the Texas Register on 05/15/2026, held a hybrid public meeting on 06/15/2026 and closed the comment period on 06/16/2026; staff are preparing the executive director's response to comments and anticipate taking the rulemaking back to the commission for adoption late this fall.

The update included related statutory and interagency pieces from prior sessions (including items affecting geothermal and injection well jurisdiction) and noted that primacy or EPA delegation may affect next steps for certain injection-well authorities. No final adoption occurred at the advisory meeting; the agency described next steps for rulemaking.