Adopted Rules Title 30

TITLE 30. ENVIRONMENTAL QUALITY

PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

CHAPTER 30. OCCUPATIONAL LICENSES AND REGISTRATIONS

The Texas Commission on Environmental Quality (TCEQ, agency, or commission) adopts new Texas Administrative Code (TAC) §30.344 and §30.394 and the amendments to 30 TAC §§30.5, 30.7, 30.14, 30.18, 30.20, 30.24, 30.26, 30.28, 30.185, 30.340, 30.342, 30.350, 30.387, 30.390, and 30.392.

New §30.344 and §30.394 and amended §§30.5, 30.7, 30.14, 30.20, 30.26, 30.28, 30.185, 30.340, 30.342, 30.350, 30.387, 30.390, and 30.392 are adopted without changes to the proposed text as published in the September 13, 2024, issue of the Texas Register (49 TexReg 7289) and therefore will not be republished. Amended §30.18 and §30.24 are adopted with changes to the proposed text as published in the September 13, 2024, issue of the Texas Register , and therefore will be republished.

Background and Summary of the Factual Basis for the Adopted Rules

House Bill (HB) 1845 amended Texas Water Code (TWC), Chapter 37, Occupational Licensing and Registration, to add TWC, §37.0045 which requires the commission to establish, by rule, a provisional occupational license for Class D Wastewater operators and public water system operators for persons without a high school diploma or equivalent.

HB 2453 amended Texas Occupations Code (TOC) by adding new Chapter 60, to allow licensing agencies to issue a digital license or certificate of registration in lieu of a physical paper license. The bill does not require rulemaking. However, the executive director (ED) amends 30 TAC §30.5 to explicitly state that the ED may issue a digital license in lieu of physical paper license.

Senate Bill (SB) 422 amended TOC Chapter 55, to allow military service members to engage in a business or occupation for which a license is required, without a Texas license, provided the military service member holds a current license in good standing from another jurisdiction. The ED has a reciprocity process for military service members and already complies with the intent of the bill to ease the burden on military families relocated to Texas. Therefore, no rulemaking is required in this regard. However, the bill also requires that the ED process applications and issue the license for qualified military service members, veterans, or spouses, within 30 days of the receipt of application.

Staff Recommended Changes

This rulemaking adopts amended 30 TAC Chapter 30 to incorporate the operator resiliency training requirements. On June 8, 2021, the 87th Texas Legislature passed SB 3 to address preparing for, preventing, and responding to weather emergencies and power outages. In the aftermath of Winter Storm Uri, TCEQ was tasked to conduct an "after-action review" to evaluate the factors that impacted public water systems during the Winter Storm. The project team engaged stakeholders from the private and public sectors to discuss a variety of topics to enhance critical infrastructure resilience. One of the recommendations that came out of the after-action review was to require public water system operators to take resiliency training. The adopted amendments to the rules will assist licensed operators, public water systems, and affected utilities prepare for, respond to, and recover from severe weather-related events. TCEQ has the authority to expand the requirements for minimum operator training under existing language in TWC, §37.002 and 30 TAC Chapter 30 Subchapter K. TCEQ's rule currently requires specific courses to be taken to qualify for specific license levels. This rulemaking codifies in rule the new requirements for public water system operators to comply with the resiliency training requirements for new and renewal of public water system operator licenses.

This rulemaking also reduces the number of continuing education (CE) credits required to renew the Leaking Petroleum Storage Tank Project Manager license from 32 hours to 20 hours. Previously, individuals were required to complete 32 hours of continuing education every three years to be eligible to renew their license. The regulated community expressed difficulty in meeting this requirement based on the available TCEQ-approved training (note the commission does not develop or offer training for this license). The ED does not believe there will be any impact to the environment by reducing the training requirement.

The rulemaking also adopts minor updates to provide consistency with other licensing requirements and rules. These include updating occupational training terminology to be consistent with current training policies and technologies.

Section by Section Discussion

The commission adopts amended 30 TAC §30.5 to reflect the addition of TOC Chapter 60, Digital Licenses. The amendment adds §30.5(g) to allow the ED to issue a digital license in lieu of a physical paper license.

The commission adopts amended 30 TAC §30.7 to update definitions to be consistent with current training technology, delivery methods, and approval procedures. Definitions in this section have been renumbered to account for the added definitions.

The commission adopts amended 30 TAC §30.7(3) to remove the term "classroom" from the definition of "approved classroom training providers". This definition now incorporates all types of training, rather than just classroom training.

The commission adopts amended 30 TAC §30.7(4) to remove the definition of "approved conference and webinar training providers" as this term is no longer relevant. The term "approved training provider" encompasses training providers for all types of training.

The commission adopts amended 30 TAC §30.7(5) to remove the definition of "approved distance training providers" as this term is no longer relevant. The term "approved training provider" encompasses training providers for all types of training. Subsequent definitions have been renumbered.

The commission adopts amended 30 TAC §30.7(6) (now §30.7(4)) to update the definition of "approved training" to add the term "registration" since training is used for obtaining or renewing both licenses and registrations.

The commission adopts amended 30 TAC §30.7(7) (now §30.7(5)) to update the terms used for training delivery methods. The three types of approved training delivery methods include in-person (occurs at the same place and time for the instructor and student), live-online (occurs at the same time for the instructor and student, but not at the same place), and self-paced training (occurs with a separation of both place and time between the instructor and student). The following terms were removed from this definition (conferences, seminars, workshops, training at association meetings) as they are considered types of training, rather than types of delivery methods.

The commission adopts amended 30 TAC §30.7(8) (now §30.7(6)) to update the definition of "association" to add the term "registrations" since members could hold either licenses or registrations.

The commission adopts new 30 TAC §30.7(7) to include a definition for "association meetings" which refers to any in-person or online sessions conducted by an association that are delivered in-person, live-online, or a combination of both.

The commission adopts new 30 TAC §30.7(8) to include a definition for "classroom training." "Classroom training" refers to courses that are held in real-time and can be held in-person, live-online, or a combination of both.

The commission adopts amended 30 TAC §30.7(9) to clarify that conferences may be delivered in-person, live-online, or a combination of both and must be conducted by a governmental entity, association, or accredited college.

The commission adopts amended 30 TAC §30.7(10) to add the term "registration" since continuing education is required for renewal of both licenses and registrations.

The commission adopts new 30 TAC §30.7(11) to include a definition of "core training" which refers to courses that are required to obtain an occupational license or registration that are approved by the ED.

The commission adopts amended 30 TAC §30.7(11) (now §30.7(12)) to update definition of "correspondence training." Correspondence training is a type of self-paced training that can be conducted as paper-based training, electronic-based (such as receiving a CD in the mail), or a combination of these systems.

The commission deletes existing 30 TAC §30.7(12), the definition for "distance training." The term "self-paced training delivery method" (now §30.7(26)) replaces the term "distance training" to be consistent with current training terminology.

The commission adopts amended 30 TAC §30.7(13) to add the term "registrations" since a distributor can sell a product to individuals with either occupational licenses or registrations.

The commission adopts new 30 TAC §30.7(16) to define "in-person training delivery method" as an interactive instructor-led training delivered in real time at the same physical location as the student.

The commission adopts new 30 TAC §30.7(18) to define "live-online training delivery method" as training that occurs at the same time for the instructor and student, but not at the same place. Instructor-led classroom, conferences, or association meetings can be held using this delivery method.

The commission adopts new 30 TAC §30.7(22) to define "prerecorded training" as training that has been previously recorded or developed through and online platform that is not delivered in person or in real-time. This type of training occurs with a separation of both place and time between the instructor and student.

The commission adopts amended 30 TAC §30.7(20) (now §30.7(24)) to clarify that a "qualified instructor" is an individual that is approved to teach a TCEQ-approved core occupational licensing course.

The commission adopts new 30 TAC §30.7(24) to define "qualified presenter" as an individual that is approved to teach continuing education training. This individual has instructional and work-related experience, as well as subject matter expertise to answer students' questions and deliver the training.

The commission adopts new 30 TAC §30.7(26) to define "self-paced training delivery method" as training delivered with a separation of time and place between the instructor and learning resources and the learner. The term "self-paced training" replaces the term "distance training."

The commission adopts amended 30 TAC §30.7(23) (now §30.7(28)) to add the term "hands-on" to clarify that a subject matter expert needs hands-on work-related experience.

The commission deletes 30 TAC §30.7(24) to remove the term "technology-based training." The term is no longer relevant and the terms "live-online training" or "self-paced training" replace this term.

The commission adopts amended 30 TAC §30.7(26) (now §30.7(30)) to clarify that a "training provider" refers to an administrative entity and its designated personnel, not just an individual, responsible for delivering the training. This update is meant to clarify that the training provider is the company that develops the training, not the instructor or presenter.

The commission deletes existing 30 TAC §30.7(27) to remove the term "webinar." The term is no longer relevant and has been incorporated into the term "live-online training."

The commission adopts amended the title of 30 TAC §30.14 and §30.14(a) to change "registration" to "company registration" to clarify that this section applies only to company registrations and not individual registrations, which are included in §30.18.

The commission adopts amended 30 TAC §30.14(f) to clarify that an applicant for a new registration must not only resolve outstanding deficiencies, but also notify the executive director that the deficiencies have been resolved, within the established timeframe, before the application is considered expired. The timeframe has been adjusted from 60 to 120 days to be consistent with the timeframe allowed for an applicant for a new license to resolve deficiencies. The term "expired" replaces the term "void" to be consistent with the Occupational Licensing Section's terminology.

The commission adopts amended 30 TAC §30.18 to add "individual registrations" to the title to clarify that the requirements in the section apply to both licenses and individual registrations. Company registrations are covered in §30.164. The commission adopts amended §30.18(a) to add "individual registrations" to the requirement for applications for a license to be made on a standard form. This section requires that the application be submitted prior to taking an exam. Since individual registrations have no examination requirement, "if applicable" was added.

The proposed rulemaking included new 30 TAC §30.18(b) and (c) to require applicants for new licenses to undergo FBI fingerprinting for a criminal history review unless granted a waiver. TCEQ is withdrawing these provisions to further evaluate stakeholder feedback on this issue. Applicants will continue to have the option to utilize FBI fingerprinting as one of the methods for completing the criminal history review required for licensure.

The commission adopts amended 30 TAC §30.18(g) to clarify that an applicant for a new registration must not only resolve deficiencies, but also must notify the executive director that the deficiency has been resolved, within the prescribed timeframe. The term "expired" replaces the term "void" to clarify that an application expires if the deficiencies have not been resolved.

The commission adopts amended 30 TAC §30.20(d) and (e) to replace the term "void" with the term "expired" to clarify that an application expires if the deficiencies have not been resolved. An application expires after 365 days from the approval date of the application or when an applicant fails the same examination four times.

The proposed rulemaking included new 30 TAC §30.24(c) and (d) to require applicants for renewal licenses to undergo FBI fingerprinting for a criminal history review unless granted a waiver. TCEQ is withdrawing these provisions to further evaluate stakeholder feedback on this issue. Applicants will continue to have the option to utilize FBI fingerprinting as one of the methods for completing the criminal history review required for licensure.

The commission adopts amended TAC §30.24(r) to clarify that an applicant for a renewal of a license or registration must not only resolve deficiencies, but also must notify the executive director that the deficiency has been resolved, within the timeframe. The term "expired" replaces the term "void" to be consistent with the Occupational Licensing section's terminology.

The commission adopts amended 30 TAC §30.26(f) to add paragraph (4), as required by SB 422. The amendment requires the executive director to issue a license to a military service member, military veteran, or military spouse that holds a current license in good standing with another jurisdiction that is substantially equivalent within 30 days. Because the legislation requires approval within 30 days of application, the final rule removes (4)(b) to conform to the statute.

The commission adopts amended 30 TAC §30.28(b), (b)(3), and (b)(4) to update the terminology for types of training that the executive director may approve. The term "events" in §30.28(b) has replaced the term "delivery methods" to define the types of training events the executive director may approve. The types of delivery methods that the executive director may approve are included in new §30.28(c). The term "prerecorded training" has replaced the term "technology-based training" and the term "distance training" has been removed to be consistent with the adopted amendments to the definitions in §30.7.

The commission adopts new 30 TAC §30.28(c) to clarify the types of delivery methods for which the executive director may approve training. Training delivery methods include in-person (occurs at the same place and time for the instructor and student), live-online (occurs at the same time for the instructor and student, but not at the same place, and self-paced training (occurs with a separation of both place and time between the instructor and student), as defined in §30.7. Subsequent sections have been renumbered.

The commission adopts amended 30 TAC §30.28(e)(7) (now §30.28(f)(7)) to clarify that a training provider must not only resolve deficiencies, but also must notify the executive director that the deficiency has been resolved, within the 60-day timeframe.

The commission adopts amended 30 TAC §30.28(g) (now §30.28(h)) to the number of core courses for instructor qualifications as a basis for calculating fees for training applications. Separate instructor qualification fees are not required when submitted with an initial training application for a core course. However, after an initial training application is submitted and approved, a $10 fee per instructor and core course will be assessed.

The commission adopts amended 30 TAC §30.38(h) (now §30.38(i)) to require training providers to verify the identity of students. Additionally, the amendments replace the term "technology-based" with "self-paced" to be consistent with current training terminology.

The commission also adopts updated Figure: 30 TAC §30.28(g) (now Figure: 30 TAC §30.28(h)) to ensure the fee table for training applications is consistent with the adopted updates to the training terminology. The rows for "technology-based training" and "webinar" have been deleted since these terms have been deleted from this chapter. The new organization of the table makes it clearer which fee applies to which type of training. A new row for Instructor Qualification has been added.

The commission adopts amended 30 TAC §30.28(p) (now §30.28(q)) to remove reference to "webinars" as this term has been deleted in this chapter and the term "distance training" was replaced with "self-paced training." Additionally, the term "live-online" has been added as a type of delivery method that cannot be approved to teach required manual skills.

The commission adopts amended 30 TAC §30.185, Qualification for License Renewal. The amendment reduces the number of continuing education hours required to renew a Leaking Petroleum Storage Tank Project Manager license. Previously, individuals were required to complete 32 hours of continuing education every three years to be eligible to renew their license. The regulated community expressed difficulty in finding training that is approved for continuing education (CE) credit for this particular license. The commission does not develop or offer training for this license, it only approves training for CE credit. TCEQ believes that reducing the required CEs from 32 to 20 will address the lack of available TCEQ-approved training without any detrimental effects on the environment or to public health.

The commission adopts amended 30 TAC §30.340 to implement new TWC §37.0045, Qualifications for Certain Licenses, created by HB 1845. The commission adopts updated Figure: 30 TAC §30.340(a) to add a row for the Provisional Class D License for wastewater operators to the table. The table lists the minimum requirements by wastewater operator license type. The Provisional Class D License has no education or work experience required and has 20 hours of required training.

The commission also adopts updated Figure: 30 TAC §30.340(f) to add the Provisional Class D Wastewater License to the table. The table shows the required courses and elective courses for each type of wastewater operator license. The Provisional Class D Wastewater Operator License requires the Basic Wastewater Operation course and requires no elective courses. The adopted updates also clarify that the Basic Wastewater Operation course is required for Class B and Class A Wastewater Operators. This change provides consistency between the requirements for the Water and Wastewater operators, as Class B and Class A Water Operators are required to the take the basic training course as shown in Figure: 30 TAC §30.390(f). This does not change the total hourly requirements for either license level shown in Figure §30.390(a).

The commission deletes 30 TAC §30.342(a)(2) to eliminate the option for licensed wastewater operators to renew their license through examination in lieu of continuing education credits. Previously, licensed wastewater operators could either meet the continuing education requirements or pass the applicable exam again to be eligible to renew their license. The option to renew a license by taking the exam again was offered in the past to all license types, however this option was removed for all other licenses except for water and wastewater operators and is very rarely used. For consistency, and to ensure that all water operators take the required resiliency CEs, the option to renew through re-examination was discontinued. To maintain consistency, this option was discontinued for wastewater operators as well. Approximately 3 individuals, out of approximately 2,500, used this option to renew a wastewater operation license per year.

The commission adopts new 30 TAC §30.344 to implement new TWC §37.0045, Qualifications for Certain Licenses, as required by HB 1845. The commission adopts §30.344(a) to establish that the Wastewater D Provisional license may be issued to an individual that does not possess a high school diploma or equivalent and has also completed the required training, passed the applicable examination, and acts under the direct supervision of a license holder. The commission adopts §30.344(b) to establish that the provisional license is valid for two years and that the application fee is $74. The commission adopts §30.344(c) to establish that provisional licenses are not renewable or reobtainable. The commission adopts §30.344(d) to establish that a provisional license holder whose license expires must submit proof of a high school diploma or equivalent and apply for a Class D operator or higher prior to the expiration date of the provisional license, to be able to continue to work as a licensed wastewater operator. An advantage of applying for the Class D operator prior to the expiration date of the provisional license, is that the individual would not have to retake the Class D Operator exam, as it is the same exam. However, if the provisional license expires before the individual applies for the Class D license, the individual will need to re-test.

The commission adopts amended 30 TAC §30.350(e) to restructure Figure: 30 TAC §30.350(e) to make it easier to determine which license type is required based on the treatment technology and permitted flow. No changes to the requirements were made.

The commission adopts new 30 TAC §30.387(8) and (9) to add definitions for "resiliency continuing education training" and "resiliency overview course." The "resiliency continuing education" refers to any training on resiliency topics that TCEQ approves to count toward the resiliency training that is required to renew a water operator license. The "resiliency overview course" refers to the overview of the resiliency topics, as outlined by the ED, that is required for a new or upgraded water operator license starting on April 1, 2024. The requirement was implemented as part of an agency policy and is being codified in rule through this rulemaking. The resiliency overview course can be taken as a stand-alone course or as part of the Basic Waterworks Operations core course, if the course has been updated to include the resiliency overview topics. Subsequent sections have been renumbered.

The commission adopts amended 30 TAC §30.390 to implement new TWC, §37.0045, Qualifications for Certain Licenses, required by HB 1845, and incorporate the resiliency training requirement, as recommended by the Winter Storm Uri After Action Review. The commission adopts updated Figure: 30 TAC §30.390(a) to add the Provisional Class D License for water operators to the table. The table lists the minimum requirements by water operator license type. The Provisional Class D License has no education or work experience required and has 22 hours of required training. Additionally, the training credit hours required for each license type was increased by 2 to account for the resiliency overview core course requirement. Starting on April 1, 2024, individuals who apply for a new water operator license and have not taken an updated core course with the resiliency component are required to take the Resiliency Overview Course for an additional two hours. Once the Resiliency Overview Course has been completed, it does not need to be repeated if the individual applies for another license level.

The commission also adopts updated Figure: 30 TAC §30.390(f) to add the Provisional Class D Water Operator License to the table. The table shows the required courses and elective courses for each type of water operator license. The Provisional Class D Water Operator License requires the Basic Waterworks Operation and the Resiliency Overview courses and requires no elective courses. The updated table also adds the Resiliency Overview course as core course requirement for all water operator license levels. This requirement has already been implemented and applies to applications received on or after April 1, 2024. The standalone Resiliency Overview Course is required if the individual did not take the updated Basic Waterworks Operation that incorporates resiliency overview topics into the course.

The commission adopts amended 30 TAC §30.390(g) to clarify that an individual who previously held a Class A, B, or C license would not be eligible to apply for a Class D Water Operator license if the individual currently operates facilities listed in §30.390(g)(1) - (5). This is consistent with the requirements for the Wastewater Operator D license.

The commission adopts amended 30 TAC §30.392 to implement the resiliency requirements for renewing a water operator license, as recommended by the Winter Storm Uri After Action Review. The commission adopts amended §30.392(a)(1) to specify that two of the required 30 CE credit hours must be approved as resiliency training.

The commission deletes 30 TAC §30.392(a)(2) to eliminate the option for licensed water operators to renew their license through examination. Previously, licensed water operators could either meet the continuing education requirements or pass the applicable exam again to be eligible to renew their license. The option to renew a license by taking the exam again was offered in the past to all license types, however this option was removed for all other licenses except for water and wastewater operators. To ensure that all water operators take the required resiliency CEs, the option to renew through re-examination has been discontinued. To maintain consistency, this option will be discontinued for water operators as well. Approximately 5 licensees use this option annually to renew their license.

The commission adopts new 30 TAC §30.392(e) to establish that applicants whose license expires on or after April 1, 2024, are required to take the Resiliency Overview Course as part of the continuing education requirement to renew a license. An individual must take the Resiliency Overview Course once to meet the resiliency training requirement. After that, the individual may repeat the course for continuing education hours. Although not stated in the rule, TCEQ practice allows these individuals two renewal cycles to complete the course. For example, if an individual's license expires on May 1, 2024, that individual would have until the next renewal cycle (May 1, 2027) to take the Resiliency Overview Course.

The commission adopts new 30 TAC §30.394 to implement new TWC, §37.0045, Qualifications for Certain Licenses, as a result of HB 1845. The commission adopts §30.394(a) to establish that the Water Operator D provisional license may be issued to an individual that does not possess a high school diploma or equivalent and has also completed the required training, passed the applicable examination, and acts under the direct supervision of a license holder. The commission adopts §30.394(b) to establish that the provisional license is valid for two years and that the application fee is $74. The commission adopts §30.394(c) to establish that provisional licenses are not renewable or reobtainable. The commission adopts §30.394(d) to establish that a provisional license holder whose license expires must submit proof of a high school diploma or equivalent and apply for a Class D operator or higher prior to the expiration date of the provisional license, to be able to continue to work as a licensed water operator. An advantage of applying for the Class D operator prior to the expiration date of the provisional license, is that the individual would not have to retake the Class D Operator exam. However, if the provisional license expires before the individual applies for the Class D license, the individual will need to re-test.

Final Regulatory Impact Determination

The commission reviewed this rulemaking action in light of the regulatory analysis requirements of Texas Government Code, §2001.0225, and determined that the adopted rules are not subject to that statute because the adopted rules do not meet the criteria for "major environmental rules" as defined in Texas Government Code, §2001.0225(g)(3). Texas Government Code, §2001.0225 applies only to rules that are specifically intended 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. Texas Government Code, §2001.0225 does not apply because the adopted rules would only modify existing licensing and registration requirements.

The purpose of the adopted rules is to implement HB 1845, HB 2453, and SB 422 (88th Texas Legislature).

The specific intent of the adopted rules is: to ensure consistency between the rules and their applicable statutes as amended by recent legislation; to establish, by rule, a provisional occupational license for Class D Wastewater operators and public water system operators for persons without a high school diploma or equivalent; to issue a digital license or certificate of registration in lieu of a physical paper license; and to allow military service members to engage in a business or occupation for which a license is required, without a Texas license, provided the military service member holds a current license in good standing from another jurisdiction.

Furthermore, even if the adopted rules did meet the definition of a major environmental rule, the adopted rules are not subject to Texas Government Code, §2001.0225, because they do not meet any of the four applicability requirements specified in Texas Government Code, §2001.0225(a). Texas Government Code, §2001.0225(a) applies to rules adopted by an agency, 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.

In this case, the adopted rules do not meet any of these requirements: there are no federal standards for the occupational licenses and registrations program administered by the commission; the rules do not exceed an express requirement of state law; there is no delegation agreement that would be exceeded by the rules; and the adopted rules would implement HB 1845 and HB 2453 and SB 422 (88th Texas Legislature).

Written comments on the Draft Regulatory Impact Analysis Determination may be submitted to the contact person at the address listed under the Submittal of Comments section of this preamble.

The commission invited public comment regarding the draft regulatory impact analysis determination during the public comment period. No comments were received on the regulatory impact analysis.

Takings Impact Assessment

The commission has prepared a takings impact assessment for these adopted rules pursuant to Texas Government Code, §2007.043. The specific purpose of these adopted rules is: to ensure consistency between the rules and their applicable statutes as amended by recent legislation; to establish, by rule, a provisional occupational license for Class D Wastewater operators and public water system operators for persons without a high school diploma or equivalent; to issue a digital license or certificate of registration in lieu of a physical paper license; and to allow military service members to engage in a business or occupation for which a license is required, without a Texas license, provided the military service member holds a current license in good standing from another jurisdiction.

The adopted regulations do not affect a landowner's rights in private real property because this adopted rulemaking does not burden, restrict, or limit the owner's right to property and reduce its value by 25% or more beyond that which would otherwise exist in the absence of the regulations. The adopted rules do not constitute a taking because they would not burden private real property.

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 (CMP).

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

Public Comment

The commission offered a public hearing on October 10, 2024. The comment period closed on October 14, 2024. The commission received comments from five individuals. One commenter expressed support for implementing HBs 1845 and 2453, the resiliency requirement, reducing the CE credit requirement for the Leaking Petroleum Storage Tank Project Manager license, and updating training terminology. Four of the commenters were against the fingerprinting requirement, one was against the resiliency requirement for renewing a license, and one was against the provisional license. One commenter suggested that fingerprinting should not be required for individuals that have undergone fingerprinting for another state agency.

Response to Comments

Comment 1

Four individuals commented that they are against the fingerprinting requirement for occupational licensing. One also commented that the fingerprinting requirement is an unnecessary extra step, especially for renewal applicants. Another also commented that they work at a rural water supply that is located 90 miles from the closest FBI fingerprinting office and that the fingerprinting requirement would cause hardship for individuals trying to obtain new and renewal licenses. It was also commented that TCEQ already has licensee's social security number on file.

Response 1

TCEQ is withdrawing the provisions requiring applicants for new and renewal licenses to undergo FBI fingerprinting for a criminal history review unless granted a waiver to further evaluate stakeholder feedback on this issue. Applicants will continue to have the option to utilize FBI fingerprinting as one of the methods for completing the criminal history review required for licensure.

Comment 2

One individual recommended that the TCEQ allow individuals that have a license to carry (LTC) or an engineering license, which both require fingerprinting and background checks, should not be required to undergo the fingerprinting requirement with TCEQ. They stated that, as the holder of an LTC, they can purchase a firearm without having to undergo fingerprinting and a background check and expressed concern as to why they need to undergo fingerprinting when it has already been accomplished through another state program.

Response 2

Comment 3

One individual commented that they are in support of the resiliency requirement for new operators, but not for current operators.

Response 3

In the aftermath of Winter Storm Uri, TCEQ was tasked to conduct an "after-action review" to evaluate the factors that impacted public water systems during the Winter Storm. The project team engaged stakeholders from the private and public sectors to discuss a variety of topics to enhance critical infrastructure resilience. One of the recommendations that came out of the after-action review was to require all public water system operators to take resiliency training. This requirement has already been implemented and applies to applications received on or after April 1, 2024.

The resiliency training requirement will assist licensed operators, public water systems, and affected utilities prepare for, respond to, and recover from severe weather-related events. The resiliency training requirement is intended for an operator to get an introduction to resiliency, through the Resiliency Overview course. After that, a minimum of two hours of resiliency training will be required to renew all Water Operator licenses of any level. Of the 30 continuing education (CE) hours required to renew a water operator license, at least two CE hours must be approved as resiliency training. The renewal resiliency training will provide a more in-depth coverage of one or more of the resiliency topics with the intention that overtime operators will gain in-depth knowledge on all resiliency topics and stay up to date throughout their career as a licensed operator.

Comment 4

One individual commented that they are against allowing individuals without a high school diploma or equivalent from obtaining a water or wastewater license.

Response 4

The provisional licenses for water and wastewater operators are statutorily required and TCEQ is required to implement it. House Bill 1845 amended TWC Chapter 37, Occupational Licensing and Registration, to add TWC §37.0045 which requires the commission to establish, by rule, a provisional occupational license for Class D Wastewater operators and public water system operators for persons without a high school diploma or equivalent. TCEQ is amending 30 TAC Chapter 30 to meet this statutory requirement.

Comment 5

One individual commented that they are not opposed to implementing House Bills 1845 and 2453, the resiliency requirement, reducing the CE credit requirement for the Leaking Petroleum Storage Tank Project Manager license, or updating training terminology.

Response 5

The agency acknowledges the support.

SUBCHAPTER A. ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS

30 TAC §§30.5, 30.7, 30.14, 30.18, 30.20, 30.24, 30.26, 30.28

Statutory Authority

These amendments are adopted under the authority granted to the Texas Commission on Environmental Quality (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; and §5.103 and §5.105, which establish the commission's general authority to adopt rules.

These amendments are also adopted under TWC, §37.002, which provide the commission's specific authority to adopt rules governing occupational licenses and registrations; TWC, §§26.0301, 37.003, 37.005, and 37.006; Texas Health and Safety Code, §§341.033, 341.034, 361.027, and 366.071, and Texas Occupations Code (TOC), §1903.251.

The adopted rules implement TWC, §37.045 as added by House Bill (HB) 1845; 30 TOC, §60.002 as added by HB 2453; and 30 TOC, §55.0041 and §55.005(a) as amended by Senate Bill 422.

§ 30.18. Applications for an Initial License and Individual Registrations.

(a) Applications for initial licenses and individual registrations shall be made on a standard form provided by the executive director. The application must be submitted to the executive director with the fee according to §30.30 of this title (relating to Terms and Fees for Licenses and Registrations). The application must be submitted to the executive director before the applicant may take the examination, if applicable.

(b) Supplemental information for each individual program shall be submitted according to the specific requirements for each program.

(d) All statements and qualifications provided by each applicant or on the behalf of the applicant are subject to verification by the executive director.

(e) All statements, qualifications, and attachments provided by the applicant relating to an application shall be true, accurate, complete, and contain no misrepresentation or falsification.

(f) Misrepresentation or falsification of any information may be grounds for denial of an application and for enforcement action.

(g) All applications must be completed in full. All deficiencies must be resolved, and the applicant must notify the executive director that the deficiency has been resolved, within 120 days of notification, or the application shall be considered expired.

(h) An applicant must furnish evidence of any training credit, proof of education, or work experience when requested. Diplomas from non-accredited high schools will be evaluated by the executive director on a case-by-case basis and will be considered based on the following submitted information:

(1) transcript;

(2) documentation of actual coursework;

(3) time spent on coursework or program; and

(4) any additional documentation the executive director might reasonably request or that would assist the applicant in demonstrating the proof of their education claim.

(i) The executive director shall determine whether an applicant meets the requirements of this subchapter. If all requirements have been met, the executive director shall issue the license. The license shall be valid for the term specified in Subchapters B - L of this chapter (relating to Backflow Prevention Assembly Testers; Customer Service Inspectors; Landscape Irrigators, Irrigation Technicians, and Irrigation Inspectors; Leaking Petroleum Storage Tank Corrective Action Project Managers and Specialists; Municipal Solid Waste Facility Supervisors; On-Site Sewage Facilities Installers, Apprentices, Designated Representatives, Maintenance Providers, Maintenance Technicians, and Site Evaluators; Water Treatment Specialists; Underground Storage Tank On-Site Supervisor Licensing and Contractor Registration; Wastewater Operators and Operations Companies; Public Water System Operators and Operations Companies; and Visible Emissions Evaluator Training and Certification, respectively.) The effective date of the license shall be the date the executive director issues the license.

§ 30.24. License and Registration Applications for Renewal.

(a) A license or registration may not be renewed if it has been:

(1) expired for more than 30 days and an application has not been received by the executive director or postmarked within 30 days after the expiration date of the license or registration;

(2) revoked; or

(3) replaced by a higher class of license.

(b) Applications for renewal must be made on a standard form provided by the executive director.

(1) The executive director shall mail a renewal notification at least 60 days before the license or registration expires to the most recent address provided to the executive director. If a person does not receive a renewal notification, the person is not relieved of the responsibility to timely submit a renewal application.

(2) The person is responsible for ensuring that the completed renewal application, the renewal fee, and other required information are submitted to the executive director by the expiration date of the license or registration.

(c) All statements, qualifications, and attachments provided by the applicant that relate to a renewal application shall be true, accurate, complete, and contain no misrepresentation or falsification.

(d) Approved training to renew a license must be successfully completed after the issuance date and before the expiration date of the current license. Any training credits completed in excess of the amount required for the renewal period shall not be carried over to the next renewal period.

(e) An individual who holds a license prescribed by Texas Water Code, §26.0301, or Texas Health and Safety Code, §341.033 or §341.034, specifically the holder of a Class A or Class B public water system operator or Class A or B wastewater treatment facility operator license may certify compliance with continuing education requirements prior to or at the time the license is renewed by submitting a continuing education certification form available from the executive director.

(f) The executive director may renew a license or registration if the application is received by the executive director or is postmarked within 30 days after the expiration date of the license or registration, and the person meets the requirements for renewal by the expiration date of the license or registration and pays all appropriate fees. This subsection does not extend the validity period of the license or registration nor grant the person authorization to perform duties requiring a license or registration. This subsection only allows an additional 30 days after the expiration of the license or registration for the person to submit the renewal application, any supporting documentation, and appropriate fees.

(g) An individual whose license renewal application is not received by the executive director or is not postmarked within 30 days after the license expiration date may not renew the license and must meet the current education, training, and experience requirements, submit a new application with the appropriate fee, and pass the examination. A person whose registration renewal application is not received by the executive director or is not postmarked within 30 days after the expiration date may not renew the registration and must submit a new application with the appropriate fee and meet all applicable requirements for a new registration.

(h) Persons failing to renew their license or registration in a timely manner due to serving as a military service member may renew their license within two years of returning from active duty by submitting the following:

(1) a completed renewal application;

(2) a copy of the military orders substantiating the military service during the time the license expired; and

(3) the applicable license renewal fee.

(i) For good cause the executive director may extend the two years period for a military service member seeking to renew their license. Good cause may include, but is not limited to, hospitalization or injury to the licensee.

(j) Completion of the required continuing education will be waived for the renewal cycle for military service members outside of this state who were unable to complete the requirements.

(k) These procedures apply only to military service members who are outside this state and not to military contractors.

(l) All licensees must notify the executive director of any change in the previously submitted application information within ten days from the date the change occurs.

(m) All registration holders must notify the executive director of any change in the previously submitted application information within ten days after the month in which the change occurs.

(n) Licenses and registrations that have renewal cycles in transition shall follow the renewal requirements in the applicable subchapter.

(o) The executive director shall determine whether an applicant meets the renewal requirements of this subchapter. If all requirements have been met, the executive director shall renew the license or registration.

(p) The license or registration shall be valid for the term specified.

(q) If the application does not meet the requirements, the executive director shall notify the applicant in writing of the deficiencies.

(r) All deficiencies must be resolved, and the applicant must notify the executive director that the deficiency has been resolved within 30 days of date printed on the notification, or the renewal application shall be considered expired after the license expiration date.

(s) A person whose license or registration has expired shall not engage in activities that require a license or registration until the license or registration is renewed or a new license or registration has been obtained.

(t) The commission shall follow the notification requirements in §30.36 of this title (relating to Notice) prior to denying an individual the opportunity to renew a license based on the individual's prior conviction of an offense.

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 March 3, 2025.

TRD-202500768

Charmaine Backens

Deputy Director, Environmental Law Division

Texas Commission on Environmental Quality

Effective date: March 23, 2025

Proposal publication date: September 13, 2024

For further information, please call: (512) 239-2678

SUBCHAPTER E. LEAKING PETROLEUM STORAGE TANK CORRECTIVE ACTION PROJECT MANAGERS AND SPECIALISTS

30 TAC §30.185

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; and §5.103 and §5.105, which establish the commission's general authority to adopt rules.

These adopted rules incorporate additional recommended changes to 30 TAC 30.

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 March 3, 2025.

TRD-202500769

Charmaine Backens

Deputy Director, Environmental Law Division

Texas Commission on Environmental Quality

Effective date: March 23, 2025

Proposal publication date: September 13, 2024

For further information, please call: (512) 239-2678

SUBCHAPTER J. WASTEWATER OPERATORS AND OPERATIONS COMPANIES

30 TAC §§30.340, 30.342, 30.344, 30.350

Statutory Authority

The adopted rules implement TWC, §37.0045 as added by HB 1845.

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 March 3, 2025.

TRD-202500770

Charmaine Backens

Deputy Director, Environmental Law Division

Texas Commission on Environmental Quality

Effective date: March 23, 2025

Proposal publication date: September 13, 2024

For further information, please call: (512) 239-2678

SUBCHAPTER K. PUBLIC WATER SYSTEM OPERATORS AND OPERATIONS COMPANIES

30 TAC §§30.387, 30.390, 30.392, 30.394

Statutory Authority

The adopted rules implement TWC, §37.0045 as added by HB 1845.

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 March 3, 2025.

TRD-202500771

Charmaine Backens

Deputy Director, Environmental Law Division

Texas Commission on Environmental Quality

Effective date: March 23, 2025

Proposal publication date: September 13, 2024

For further information, please call: (512) 239-2678