**To:** Texas Commission on
Environmental Quality
**From:** Texas Water Infrastructure Network
**Date:** July 26, 2026
**Re:** Comments on Proposed Improvements to TCEQ Rules — Construction, Design,
and Permit-Issuance Impacts
The Texas Water Infrastru...↓
comments regarding the Texas Regulatory Efficiency Office / TCEQ Texas
Regulatory Impact Matrix identifying proposed improvements to TCEQ rules. TXWIN
supports efforts to modernize, clarify, and streamline TCEQ rules, particularly
where those efforts reduce unnecessary administrative delay, improve regulatory
certainty, recognize current engineering practice, and support timely delivery
of critical water and wastewater infrastructure.
TXWIN's members are directly involved in the construction of public water,
wastewater, flood-control, reuse, and related infrastructure across Texas. As a
result, even procedural or technical rule changes can affect project design,
permitting, bid readiness, construction sequencing, and overall project
delivery. TXWIN generally supports the proposed direction reflected in the TRIM
matrix, but respectfully requests that TCEQ ensure any final rule amendments
include clear transition language and avoid creating new uncertainty for
projects already in design, procurement, permitting, or construction.
**I. General Comments Regarding Construction and Design-Related Permitting**
Several proposed rule changes appear intended to modernize permitting, reduce
paper-based requirements, clarify permit classifications, and allow greater
reliance on electronic submissions and current engineering standards. TXWIN
supports those goals. However, because many water and wastewater projects are
designed, permitted, bid, and constructed over multi-year timelines, changes to
permitting requirements can create uncertainty if they are implemented without
clear applicability dates.
TXWIN respectfully recommends that TCEQ include express transition provisions
stating that applications, plans, specifications, engineering reports, permit
amendments, notices, and related submittals filed before the effective date of
any final rule may continue to be reviewed under the rules in effect at the
time of filing, unless the applicant elects to proceed under the updated rule.
This will help avoid delay or redesign for projects already in the pipeline.
TXWIN further recommends that TCEQ direct all regional offices and program
areas to apply any new electronic submittal, digital notification,
design-review, or permit-amendment provisions consistently. Uniform
implementation will be essential to realizing the intended efficiencies.
**II. Public Drinking Water Rules — 30 TAC Chapter 290**
TXWIN supports TCEQ's consideration of changes to 30 TAC § 290.42 relating to
water treatment requirements. The matrix identifies existing provisions that
may be overly prescriptive, including filter media specifications in §
290.42(d)(11)(C) and the requirement in § 290.42(d)(16) that each surface water
treatment plant have a "computer and software" for recording
performance data. TXWIN supports replacing outdated technology-specific
language with performance-based standards and references to current AWWA
standards where appropriate.
Modern water treatment facilities increasingly rely on advanced controls,
cloud-based systems, tablets, integrated SCADA systems, and other electronic
platforms. The rules should focus on performance, data quality, reliability,
and public health protection rather than mandating a specific form of
technology. TXWIN recommends that any amendments to § 290.42 expressly allow
equivalent or superior treatment technologies, provided they are supported by
professional engineering judgment and accepted industry standards.
TXWIN also supports proposed improvements to 30 TAC § 290.45, Minimum Water
System Capacity Requirements. The matrix identifies several opportunities to
modernize § 290.45, including consolidation of capacity requirements into a
clearer tabular format, electronic submission of 36-month data, hydraulic
analyses, professional engineer certifications, digital pressure monitoring,
electronic records, and improved tracking of the 90-day alternative capacity
approval process under § 290.45(g)(4)(A). TXWIN supports these changes and
recommends that TCEQ preserve the existing value of professionally sealed
engineering analysis in supporting alternative capacity determinations.
TXWIN further recommends that any online tracking system for § 290.45
alternative capacity approvals clearly identify the date an application is
administratively complete, the date the 90-day review clock begins, any tolling
events, and the date of acceptance or denial. This will provide certainty to
public water systems, engineers, contractors, and funding agencies relying on
timely approval before bid or construction.
TXWIN also supports modernization of 30 TAC § 290.46 relating to minimum
acceptable operating practices. The proposed movement toward electronic
submission and simplified record retention should reduce administrative burdens
on public water systems without reducing compliance. TXWIN recommends that
electronic submittal options be implemented in a manner that is accessible to
small and rural systems while still providing a clear default pathway for
digital filing.
**III. On-Site Sewage Facility Rules — 30 TAC Chapter 285**
The TRIM matrix identifies numerous proposed changes to 30 TAC Chapter 285
relating to on-site sewage facilities. These include proposed changes to §
285.3 regarding general requirements and permitting review, § 285.30 regarding
site evaluation excavation requirements and modern soil and groundwater
analysis, § 285.31 regarding design requirements for OSSFs in floodplains, §
285.32 regarding modern design standards for collection and treatment systems
and designer qualifications, § 285.33 regarding design and installation of
effluent disposal systems, § 285.34 regarding advanced systems requiring design
by a professional engineer, § 285.35 regarding lift stations, pump tanks,
holding tanks, equalization tanks, and nutrient management, and § 285.5
regarding submittal requirements for planning materials.
TXWIN supports modernization and clarification of Chapter 285. However, these
provisions can directly affect construction-related permitting, design
standards, local permitting review, and project scheduling. TXWIN recommends
that TCEQ ensure any final amendments clearly distinguish between clarifying
edits and substantive new design requirements. Where new standards are adopted,
TCEQ should include effective-date and transition provisions so projects
already designed, submitted, or approved are not forced into redesign absent a
clear health or safety concern.
TXWIN also recommends that TCEQ preserve flexibility for professional
engineering judgment, particularly for advanced systems, nonstandard site
conditions, floodplain considerations, and innovative treatment or disposal
technologies. Where the rules reference designer qualifications, planning
materials, or professional engineer involvement, those provisions should be
clear, objective, and consistently applied by local permitting authorities.
With respect to §§ 285.40 and 285.41, the matrix indicates that TCEQ may
require information consistent with the Edwards Aquifer Recharge Program under
30 TAC Chapter 213 and consolidate OSSF Edwards Aquifer requirements into a new
§ 285.45. TXWIN supports improved coordination between Chapters 285 and 213 but
recommends that TCEQ avoid duplicative submittals. Applicants should not be
required to submit the same information in multiple formats to different
program areas when a single coordinated submittal would satisfy the regulatory
purpose.
**IV. Edwards Aquifer Protection Rules — 30 TAC Chapter 213**
TXWIN supports proposed modernization of 30 TAC § 213.5, Required Edwards
Aquifer Protection Plans, Notification, and Exemptions. The matrix identifies
several practical updates, including replacement of outdated sewer-line
inspection technology references, acceptance of digital location data such as
GPS coordinates, and modernization of the 48-hour written notification
requirement to allow electronic notification through an online portal.
These changes should improve efficiency for utility, sewer, and other
construction activities within the Edwards Aquifer jurisdiction. TXWIN
recommends that final rule language expressly authorize electronic notification
and digital confirmation of receipt. For construction planning purposes, it is
important that owners, engineers, and contractors be able to document when
notice was submitted, when it was received, and whether the project may
proceed.
TXWIN further recommends that TCEQ ensure digital location data, GPS
coordinates, GIS files, and comparable modern mapping formats are accepted in
lieu of traditional paper road maps and narrative mileage descriptions where
they provide equal or better location accuracy. This will reduce administrative
burden and improve field inspection accuracy.
**V. General Permits for Waste Discharges and Reclaimed Water — 30 TAC Chapters
205 and 210**
TXWIN supports the proposed streamlining of 30 TAC Chapter 205, including §§
205.2, 205.3, and 205.5, where the matrix recommends replacing duplicative
language with appropriate statutory citations and reducing unnecessary rule
text. General permit provisions can affect construction-phase planning,
temporary discharges, facility modifications, and related project sequencing.
Any streamlining should preserve clear guidance regarding when coverage is
required, how notice is provided, and when authorization becomes effective.
TXWIN also supports proposed changes to 30 TAC Chapter 210 relating to
reclaimed water. The matrix identifies proposed amendments to § 210.53(a), §
210.55, and § 210.56 that could expand or simplify the use of industrial
reclaimed water and reduce the need for separate authorization or permit
amendment in certain circumstances. TXWIN supports these changes where they
allow appropriate reuse, reduce unnecessary disposal, and avoid duplicative
permit actions.
TXWIN recommends that TCEQ clarify in final rule language when use of reclaimed
water may proceed under an existing TPDES permit, when a separate Chapter 210
authorization is required, and when a permit amendment is necessary. Clear
distinctions will help owners and engineers plan projects without unnecessary
uncertainty.
**VI. Consolidated Permits and Permit Amendments — 30 TAC Chapter 305**
TXWIN strongly supports proposed clarification of 30 TAC § 305.62 regarding
major and minor permit amendments. The matrix notes that current wording is not
always clear to TCEQ staff or regulated entities, leading to time spent
determining the appropriate permit action, preparing and reviewing potentially
unnecessary application materials, and paying incorrect fees.
This is an important construction-delivery issue. Uncertainty regarding whether
a project change requires a major amendment, minor amendment, or administrative
action can delay design completion, bidding, procurement, and construction.
TXWIN recommends that TCEQ provide clear, objective criteria for distinguishing
major and minor amendments, including examples relevant to water and wastewater
treatment plant upgrades, capacity improvements, replacement of equipment,
process modifications, reuse components, and ancillary construction activities.
TXWIN further recommends that TCEQ consider creating an expedited written
determination process allowing an applicant to request confirmation of the
appropriate permit-amendment pathway. A clear determination mechanism would
reduce delay and avoid inconsistent interpretations across program areas or
regional offices.
TXWIN also supports the concept of allowing an existing TPDES or TLAP permit
holder to manage allowable non-stormwater wastestreams identified under TCEQ's
Multi-Sector General Permit without requiring a permit amendment where doing so
does not violate existing permit limits or materially alter authorized
operations. Any final rule should clearly define the conditions under which
this flexibility applies.
**VII. General Regulations Incorporated into Permits — 30 TAC Chapter 319**
The matrix identifies several Chapter 319 provisions proposed for repeal or
cleanup, including §§ 319.21, 319.22, 319.23, 319.24, 319.27, 319.28, and
319.29. TXWIN supports removal of obsolete or duplicative provisions where the
applicable requirements are already located in other TCEQ rules or federal
requirements.
However, where provisions are repealed because they are duplicative, TXWIN
recommends that TCEQ clearly identify the surviving rule provision or program
guidance that will control. This is especially important for groundwater
protection, waste discharge amendments, and permit limitations. Regulated
entities and project teams should not have to infer where a requirement has
moved or whether a substantive requirement has been eliminated.
TXWIN recommends that TCEQ include a cross-reference table in the rule preamble
or adoption package identifying each repealed Chapter 319 provision and the
corresponding rule, permit provision, or guidance document that will govern
after repeal.
**VIII. Water Rights and Related Project Approvals — 30 TAC Chapters 295, 297,
and 303**
TXWIN supports proposed modernization of water-rights application and notice
provisions, including 30 TAC § 295.2 regarding electronic application
submittals, § 295.5 regarding multi-use permits, § 295.7 regarding location of
diversion points, reservoirs, and dams, § 295.8 regarding return and surplus
water, and § 295.161(c) regarding notice for bed-and-banks applications.
Although these provisions are not construction permits in the narrow sense,
they can be gating approvals for major water-supply infrastructure. TXWIN
supports the use of GIS, digital mapping, electronic submittals, and more
flexible descriptions of diversion reaches where consistent with statute and
public transparency. These changes should improve project planning and reduce
unnecessary administrative delays.
TXWIN also supports proposed clarification of 30 TAC § 297.1(26) regarding
instream uses and non-consumptive uses, and modernization of 30 TAC Chapter
303, Subchapter I, relating to Rio Grande bed-and-banks permits for water in
transit. To the extent these changes affect water-supply projects, produced
water conveyance, reuse, or regional supply development, TXWIN recommends that
TCEQ maintain clear notice, review, and approval procedures that allow
applicants to understand the permitting path before committing substantial
design and preconstruction resources.
**IX. Recommended Safeguards for Final Rulemaking**
TXWIN respectfully recommends that TCEQ include the following safeguards in any
final rule package affecting construction-related permits, engineering
submittals, or design approvals:
1. Clear transition provisions for projects already in design, permitting,
procurement, or construction.
2. Express recognition that applications submitted before the effective date
may continue under prior rules unless the applicant elects to proceed under the
new rule.
3. Consistent acceptance of electronic submittals, digital signatures, digital
records, GPS coordinates, GIS data, and online notifications across all
applicable TCEQ programs and regional offices.
4. Clear identification of when a proposed change requires a major amendment,
minor amendment, administrative update, separate authorization, or no permit
amendment.
5. Continued reliance on professional engineering judgment, sealed engineering
analysis, and accepted industry standards where appropriate.
6. Avoidance of duplicative submittal requirements between overlapping
chapters, including Chapters 213, 285, 290, 305, and 319.
7. Publication of guidance, checklists, examples, or crosswalks before
implementation so owners, engineers, contractors, and local permitting
authorities can prepare for the new requirements.
8. Confirmation that streamlining amendments are not intended to reopen or
delay previously approved permits, plans, specifications, or authorizations
absent a specific public health, safety, or environmental concern.
**X. Conclusion**
TXWIN supports TCEQ's effort to improve regulatory efficiency, modernize
outdated provisions, and reduce unnecessary administrative burden. Many of the
proposed changes identified in the TRIM matrix appear constructive and could
improve delivery of critical water and wastewater infrastructure. At the same
time, because these rules can affect design, permitting, construction
readiness, and project schedules, TXWIN respectfully urges TCEQ to adopt final
language that is clear, prospective, consistent across programs, and protective
of projects already moving through the development pipeline.
TXWIN appreciates TCEQ's consideration of these comments and would welcome the
opportunity to provide additional input as specific rule text is developed.
↓
