TITLE 30. ENVIRONMENTAL QUALITY

PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

CHAPTER 293. WATER DISTRICTS

SUBCHAPTER C. SPECIAL REQUIREMENTS FOR GROUNDWATER CONSERVATION DISTRICTS

The Texas Commission on Environmental Quality (TCEQ, agency, or commission) adopts amendments to 30 Texas Administrative Code (TAC) §293.23.

Amended §293.23 is adopted without changes to the proposed text as published in the January 30, 2026, issue of the Texas Register (51 TexReg 521) and, therefore, will not be republished.

Background and Summary of the Factual Basis for the Adopted Rules

The purpose of this rule adoption is to implement the provisions of House Bill (HB) 2080, passed during the 89th Legislature's Regular Session in 2025. This bill provides additional information and requirements regarding TCEQ's process for reviewing a petition for inquiry filed by an affected person pertaining to the actions of a groundwater conservation district (GCD).

HB 2080 amended Texas Water Code (TWC) §36.3011(d) and added §36.3011 (d-1), (d-2), (d-3), (e-1), (e-2), (e-3), and (e-4). Specifically, amended TWC §36.3011(d) requires the recording secretary of a review panel to be an employee of the commission. TWC §36.3011(d-1) clarifies that the review panel is an advisory board and not a governmental body. TWC §36.3011(d-2) requires TCEQ to reimburse a member appointed to the review panel for actual expenses incurred. TWC §36.3011(d-3) requires the records and documents of the recording secretary to be provided to the executive director and specifies that these records are public information. TWC §36.3011(e-1) requires the executive director to provide notice of review panel public meetings and public hearings. TWC §36.3011(e-2) states that the review panel may request technical assistance related to the petition from the Texas Water Development Board (TWDB) and that if assistance is requested, the deadline for the review is extended. TWC §36.3011(e-3) states that a member of the review panel can request legal advice and assistance on a matter pertaining to the petition from the TCEQ's Office of Public Interest Counsel (OPIC). Lastly, TWC §36.3011(e-4) states that subsections (e-2) and (e-3) do not prohibit members of the review panel from using their own technical consultants or legal counsel.

Section by Section Discussion

The adopted amendment to §293.23, Petition Requesting Commission Inquiry, updates subsection (g) to implement HB 2080. Specifically, the rulemaking adoption amends §293.23(g) to clarify that the panel is an advisory board and not a governmental body. It also amends §293.23(g)(2) to require that the recording secretary be a TCEQ employee and to specify that records maintained by the recording secretary must be provided to the executive director and are public documents. Section 293.23(g)(3) is amended to include notice requirements for meetings or hearings held by the review panel. The adoption also adds §293.23(g)(5) to require the commission to reimburse review panel members for actual expenses incurred while engaging in activities on behalf of the panel. Once the commission appoints a panel, information about reimbursable expenses and the process for getting reimbursed will be provided and will generally follow agency procedures. Reimbursable expenses will be limited to those associated with meals, travel, and lodging.

The amendment adoption also adds §293.23(g)(6), which allows the review panel to request technical assistance from TWDB and extends the timeframe for the commission's review of the petition following such a request. The amendment adoption also adds §293.23(g)(7) to specify that the review panel may request legal assistance from the commission's OPIC. Lastly, the adopted amendment adds §293.23(g)(8) which clarifies that the review panel is not prohibited from seeking technical assistance or legal advice from entities other than TWDB and OPIC.

Final Regulatory Impact Determination

The commission reviewed the rulemaking adoption in light of the regulatory analysis requirements of Texas Government Code (TGC), §2001.0225 and determined that the rulemaking is not subject to TGC, §2001.0225. TGC, §2001.0225 applies to a "Major environmental rule" which is defined in Texas TGC, §2001.0225(g)(3) as a rule with a specific intent "to protect the environment or reduce risks to human health from environmental exposure and that may adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state."

First, the rulemaking adoption does not meet the statutory definition of a "Major environmental rule" because its specific intent is not to protect the environment or reduce risks to human health from environmental exposure. The purpose of this rulemaking is to amend existing rules to implement HB 2080, 89th Texas Legislature (2025), which provided revised requirements for TCEQ's review of a petition filed by an affected person pertaining to the actions of a GCD.

Second, the rulemaking adoption does not meet the statutory definition of a "Major environmental rule" because the adopted rule will not adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. It is not anticipated that the cost of complying with the rule adoption will be significant with respect to the economy as a whole or with respect to a sector of the economy; therefore, the rule adoption will not adversely affect in a material way the economy, a sector of the economy, competition, or jobs.

Finally, the rulemaking adoption does not meet any of the four applicability requirements for a "Major environmental rule" listed in TGC, §2001.0225(a). TGC, §2001.0225 only applies to a major environmental rule, the result of which is to: "1) exceed a standard set by federal law, unless the rule is specifically required by state law; 2) exceed an express requirement of state law, unless the rule is specifically required by federal law; 3) exceed a requirement of a delegation agreement or contract between the state and an agency or representative of the federal government to implement a state and federal program; or 4) adopt a rule solely under the general powers of the agency instead of under a specific state law. This rulemaking adoption does not meet any of the four preceding applicability requirements because this rulemaking: 1) does not exceed any standard set by federal law for the regulation of groundwater conservation districts; 2) does not exceed any express requirements of state law related to the regulation of groundwater conservation districts; 3) does not exceed a requirement of a delegation agreement or contract between the state and an agency or representative of the federal government to implement a state and federal program; and 4) is not adopted solely under the general powers of the agency.

Since this rulemaking adoption does not meet the statutory definition of a "Major environmental rule" nor does it meet any of the four applicability requirements for a "Major environmental rule," this rulemaking is not subject to Texas Government Code, §2001.0225.

The commission invited public comments regarding the Draft Regulatory Impact Analysis Determination during the public comment period, and no comments were received on that determination.

Takings Impact Assessment

The commission evaluated this rulemaking and performed an analysis of whether the adopted rule will constitute a taking. Texas Government Code, §2007.002(5), defines a taking as either: 1) a governmental action that affects private real property, in whole or in part or temporarily or permanently, in a manner that requires the governmental entity to compensate the private real property owner as provided by the Fifth and Fourteenth Amendments to the United States Constitution or Sections 17 or 19, Article I, Texas Constitution; or 2) a governmental action that affects an owner's private real property that is the subject of the governmental action, in whole or in part or temporarily or permanently, in a manner that restricts or limits the owner's right to the property that would otherwise exist in the absence of the governmental action; and is the producing cause of a reduction of at least 25% in the market value of the affected private real property, determined by comparing the market value of the property as if the governmental action is not in effect and the market value of the property determined as if the governmental action is in effect. The commission determined that the rule adoption will not constitute a taking as that term is defined under TGC, §2007.002(5). Specifically, the rule adoption will not affect any landowner's rights in private real property, and there are no burdens that would be imposed on private real property by the adopted amendments to 30 TAC §293.23. The adopted amendments solely address the review of the duties of a groundwater conservation district.

Consistency with the Coastal Management Program

The commission reviewed the amended rules and found that they are neither identified in Coastal Coordination Act Implementation Rules, 31 TAC §29.11(b)(2) or (4), nor will they affect any action/authorization identified in Coastal Coordination Act Implementation Rules, 31 TAC §29.11(a)(6). Therefore, the adopted rules are not subject to the Texas Coastal Management Program (CMP).

The commission invited public comments regarding the consistency with the CMP during the public comment period, and no comments were received regarding the CMP.

Public Comment

The commission held a public hearing virtually and in person on February 24, 2026. The comment period closed on March 3, 2026. The commission received comments from Warren Bernhardt, Brian Sledge, and Prairielands Groundwater Conservation District (GCD). Three commentors were in support of the rulemaking and none were against. One commentor suggested changes to the proposal.

Response to Comments

Comment

Warren Bernhardt commented that the proposed rule amendment would provide greater clarity and structure to the process for handling petitions filed by affected persons regarding the actions of a GCD. The commenter also asked the commission to ensure the final rule provides clear guidance to petitioners and districts while maintaining due process and administrative efficiency.

Response

The commission acknowledges this comment. In addition, the commission notes that the rulemaking adoption is limited to the requirements established in HB 2080 related to review panels, and additional changes are outside of the scope of this rulemaking. No changes were made in response to this comment.

Comment

Prairielands GCD commented that the proposed rulemaking provides clarity regarding timelines, evidentiary standards, and the scope of commission review while balancing state oversight and local control under TWC, Ch. 36.

Response

The commission acknowledges the comment.

Comment

Brian Sledge commented that he supported the rulemaking and thanked commission staff for their work.

Response

The commission acknowledges the comment.

Statutory Authority

These amendments are adopted under the authority granted to the commission in Texas Water Code (TWC), §5.012, which provides that the commission is the agency responsible for implementing the constitution and laws of the state relating to conservation of natural resources and protection of the environment; §5.013, which establishes the commission's authority over groundwater; §5.103 and §5.105, which establish the commission's general authority to adopt rules; and §36.3011, which establishes the commission's authority to, upon petition by an affected person, select a review panel to review activities regarding the management planning or rules of a groundwater conservation district.

These adopted amendments implement House Bill 2080, 89th Texas Legislature (2025).

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 19, 2026.

TRD-202602498

Amy L. Browning

Deputy Director, Environmental Law Division

Texas Commission on Environmental Quality

Effective date: July 9, 2026

Proposal publication date: January 30, 2026

For further information, please call: (512) 239-0682

CHAPTER 328. WASTE MINIMIZATION AND RECYCLING

SUBCHAPTER L. THIRD-PARTY CERTIFICATION SYSTEMS FOR MASS BALANCE ATTRIBUTION

30 TAC §§328.301, 328.302, 328.304

The Texas Commission on Environmental Quality (TCEQ, agency, or commission) adopts the amendment to §§328.301, 328.302, and 328.304.

Amended §328.302 and §328.304 are adopted without change to the proposed text as published in the January 2, 2026, issue of the Texas Register (51 TexReg 33) and, therefore, will not be republished. Amended §328.301 is adopted with change to the proposed text and will be republished.

Background and Summary of the Factual Basis for the Adopted Rules

The commission adopts this rulemaking to implement House Bill (HB) 4413, 89th Texas Legislature, 2025. HB 4413 amended Texas Health and Safety Code (THSC), §361.421 (Definitions) by adding definitions for "renewable biomass" and "renewable chemical," and §361.4215 (Mass Balance Attribution) by requiring TCEQ to adopt rules to identify third-party mass balance attribution certification systems for the purpose of identifying a renewable chemical.

Although renewable biomass feedstocks may be used to produce a renewable chemical, HB 4413 does not exempt renewable biomass from regulation as a solid waste or any other applicable statutes or rules.

Section by Section Discussion

§328.301, Purpose and Applicability

The commission adopts amended §328.301(a)(3) by including recycled plastics and a renewable chemical as recycled material in subparagraph (A) and replacing subparagraph (B) with the content of subparagraph (C). This amendment will expand the purpose of the subchapter to include the identification of a renewable chemical and clarify that the term recycled material includes both recycled plastics and a renewable chemical.

§328.302, Definitions

The commission adopts amended §328.302(1), the definition of "mass balance attribution," by applying the term to a renewable chemical.

The commission adopts amended §328.302(2), to expand the definition of "recycled material," to include a renewable chemical.

The commission adopts new §328.302(5) to add the definition of "renewable biomass or renewable biomass feedstocks."

The commission adopts new §328.302(6) to add the definition of "renewable chemical."

The commission adopts amended renumbered §328.302(7), the definition of "third-party certification system", by including recycled plastics and a renewable chemical as recycled material for the purpose of third-party certification.

§328.304, Recycled Products

The commission adopts amended §328.304(b) by adding a renewable chemical to the materials that may be included when determining the minimum content of a recycled product using mass balance attribution certified by a third-party certification system.

Final Regulatory Impact Determination

The commission reviewed the adopted rulemaking considering the regulatory analysis requirements of Texas Government Code (TGC), §2001.0225 and determined that the rulemaking is not subject to TGC, §2001.0225. TGC, §2001.0225 applies to a "Major environmental rule," which is defined in TGC, §2001.0225(g)(3) as a rule with a specific intent "to protect the environment or reduce risks to human health from environmental exposure and that may adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state."

The rulemaking does not meet the statutory definition of a "Major environmental rule" because its specific intent is not to protect the environment or reduce risks to human health from environmental exposure. The specific intent of the adopted rulemaking is to promulgate rules that: (1) establish a renewable chemical as eligible to be considered part of a recycled product in accordance with THSC, §361.4215 and §361.427; and (2) identify third-party certification systems for mass balance attribution in THSC, §361.421.

Additionally, the rulemaking does not meet the statutory definition of a "Major environmental rule" because the adopted rules will not adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. The cost of complying with the adopted rules is not anticipated to be significant with respect to the economy as a whole or with respect to a sector of the economy, and therefore the rulemaking will not adversely affect the economy in a material way.

This rulemaking adoption does not meet the statutory definition of a "Major environmental rule," nor does it meet any of the four applicability requirements for a "Major environmental rule." Therefore, this rulemaking is not subject to TGC, §2001.0225.

The commission invited public comment regarding the Draft Regulatory Impact Analysis Determination during the public comment period. No comments were received regarding the regulatory impact analysis determination.

Takings Impact Assessment

The commission has prepared a takings impact assessment for these adopted rules in accordance with TGC, §2007.043. The commission's preliminary assessment is that implementation of these adopted rules would not constitute a taking of real property. The commission adopts this rulemaking for the purpose of promulgating rules that: (1) establish a renewable chemical as eligible to be considered part of a recycled product in accordance with THSC, §361.4215 and §361.427; and (2) identify third-party certification systems for mass balance attribution in THSC, §361.421.

The commission's analysis indicates that TGC, Chapter 2007, does not apply to these adopted rules because this is an action that is reasonably taken to fulfill an obligation mandated by state law, which is exempt under TGC, §2007.003(b)(4). HB 4413 amended THSC, §361.421 (Definitions) and §361.4215 (Mass Balance Attribution). These statutory enactments require the commission to promulgate rules to: (1) establish a renewable chemical as eligible to be considered part of a recycled product in accordance with THSC, §361.4215 and §361.427; and (2) identify third-party certification systems for mass balance attribution in THSC, §361.421, which provides a unilateral expectation that does not rise to the level of a recognized interest in private real property. Therefore, TGC, Chapter 2007 does not apply to these adopted rule changes because the adopted rulemaking falls within the exception under TGC, §2007.003(b)(4).

Consistency with the Coastal Management Program

The commission reviewed the adopted rules and found that they are neither identified in Coastal Coordination Act Implementation Rules, 31 TAC §29.11(b)(2) or (4), nor will they affect any action/authorization identified in Coastal Coordination Act Implementation Rules, 31 TAC §29.11(a)(6). Therefore, the adopted rules are not subject to the Texas Coastal Management Program.

The commission invited public comment regarding the consistency with the coastal management program (CMP) during the public comment period. No comments were received regarding the CMP.

Public Comment

The commission held a public hearing on January 27, 2026. The comment period closed on February 3, 2026. The commission received comments from Air Alliance Houston (AAH), Environment Texas (ET), and one individual.

Response to Comments

Comment

AAH commented that the adoption of the specific third-party mass balance systems proposed in the rulemaking would result in less public transparency, less effective recycling, and more wasteful emissions.

Response

The commission has not selected or proposed specific third-party mass balance systems as part of this rulemaking. Per legislation, the rulemaking identifies third-party certification systems for mass balance capable of identifying renewable chemical content without advocating for any specific mass balance attribution methodology. No changes were made in response to this comment.

Comment

AAH encouraged TCEQ to research mass balance attribution certification systems to choose transparent and accurate systems known to accurately account for the amount of post-consumer waste in recycled products. AAH gave examples of preferred supply chain management systems, including segregation and controlled blending. AAH and ET recommended the rolling average allocation method.

Response

The commission is not selecting or advocating for specific mass balance attribution certification systems as part of this rulemaking. No changes were made in response to this comment.

Comment

AAH and ET commented in opposition to chemical recycling.

Response

This comment is outside the scope of this rulemaking. No changes were made in response to this comment.

Comment

AAH commented in opposition to credit-based mass balance systems such as free allocation, fuel-exempt free allocation, polymer only, and non-fuel exempt proportional allocation. ET also expressed opposition to a free credit allocation mass balance system.

Response

The commission is not selecting or advocating for specific third-party mass balance certification systems as part of this rulemaking. No changes were made in response to this comment.

Comment

AAH discouraged the commission from selecting mass balance systems that allow materials converted to fuel to count toward the total percentage of recycled plastic content.

Response

The commission is not selecting or advocating for specific third-party mass balance certification systems as part of this rulemaking. No changes were made in response to this comment.

Comment

AAH commented in opposition to any mass balance systems that allow chemicals, plastics, products, or chemical substances produced from fossil-fuel based virgin plastic or plastic waste to be counted as a renewable chemical.

Response

The commission is not selecting or advocating for specific third-party mass balance certification systems as part of this rulemaking. No changes were made in response to this comment.

Comment

An individual commented opposing wastewater effluent to Salado Creek.

Response

This rulemaking does not pertain to wastewater effluent. No changes were made in response to this comment.

Statutory Authority

The amendments are adopted under the authority of Texas Water Code (TWC), §5.013, which establishes the general jurisdiction of the commission; TWC, §5.102, which provides the commission with the authority to carry out its duties and general powers under its jurisdictional authority as provided by TWC; TWC, §5.103, which requires the commission to adopt any rule necessary to carry out its powers and duties under TWC and other laws of the state; §5.105, which authorizes the commission to establish and approve all general policy of the commission by rule; the Administrative Procedures Act under Texas Government Code, Chapter 2001, which authorizes the commission as a state agency to adopt rules pursuant to the rulemaking process; Texas Health and Safety Code (THSC), §361.011, which grants the commission authority over municipal solid waste; THSC, §361.017, which grants the commission jurisdiction over industrial solid waste and hazardous municipal waste; THSC, §361.024, which authorizes the commission to adopt rules consistent with the general purposes of the Solid Waste Disposal Act; THSC, §361.0151, which requires the commission to base its goals or requirements for recycling or the use of recycled materials on the definitions and principles established by Subchapter N, THSC, §§361.421 through 361.431; THSC, §361.022 and §361.023, which set public policy in the management of municipal solid waste and hazardous waste to include reuse or recycling of waste; THSC, §361.041, which conditionally excludes post-use polymers and recoverable feedstock from classification as solid waste when are converted using pyrolysis, gasification, solvolysis, or depolymerization into valuable raw materials, valuable intermediate products or valuable final products, that include plastic monomers, chemicals, waxes, lubricants, and chemical feedstocks; THSC, §361.078 which identifies that THSC Chapter 361 Subchapter B does not abridge, modify or restrict the commission's authority to adopt rules issue permits and enforce the terms of permits as necessary to maintain state authorization of Texas' hazardous waste program; THSC, §361.119, which requires the commission to adopt rules and to adopt rules consistent with THSC Chapter 361 to ensure that solid waste processing facilities are regulated as solid waste facilities and not allowed to operate unregulated as recycling facilities; THSC, §361.4215 which authorizes the commission to identify third-party certification systems for mass balance attribution that may be used for the purposes of THSC, §361.421(6) and (6-a); THSC, §361.425 which provides that the commission shall adopt rules for administering governmental entity recycling programs; THSC, §361.426, which provides that the commission shall adopt rules for administering governmental entity preferences for recycled products; and THSC, §361.427 which authorizes the commission to promulgate rules to establish guidelines by which a product is eligible to be considered a recycled product.

The adopted amendments to §§328.301- 328.302, 328.304, will implement House Bill (HB) 4413, 89th Texas Legislature, 2025, by adding the definitions of "Renewable biomass" and "Renewable chemical" so that they are consistent with the definitions under THSC, §361.421. The adopted amendments to §§328.302, 328.304 will also implement HB 4413 by amending the definition of "Mass balance attribution" so that it is consistent with the definitions under THSC, §361.4215.

§ 328.301. Purpose and Applicability.

(a) Purpose. The purpose of this subchapter is to:

(1) establish guidelines by which a product is eligible to be considered a recycled product;

(2) identify what is not eligible to be considered a recycled product; and

(3) identify third-party certification systems for mass balance attribution to certify:

(A) "Recycled material," including "Recycled plastics" and a "Renewable chemical"; and

(B) the portion of the total content of a product that consists of recycled material.

(b) Applicability. This subchapter is applicable to determining that a product is eligible to be considered a recycled product and third-party certification systems for mass balance attribution.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 19, 2026.

TRD-202602497

Amy L. Browning

Deputy Director, Environmental Law Division

Texas Commission on Environmental Quality

Effective date: July 9, 2026

Proposal publication date: January 2, 2026

For further information, please call: (512) 239-0682