Tex. Water Code Section 5.001
Definitions

In this chapter:

(1)

“Board” means the Texas Water Development Board.

(2)

“Commission” means the Texas Commission on Environmental Quality.

(3)

“Executive director” means the executive director of the Texas Commission on Environmental Quality.

(4)

“Clean coal project” means the installation of one or more components of the coal-based integrated sequestration and hydrogen research project to be built in partnership with the United States Department of Energy, commonly referred to as the FutureGen project. The term includes the construction or modification of a facility for electric generation, industrial production, or the production of steam as a byproduct of coal gasification to the extent that the facility installs one or more components of the FutureGen project.

(5)

“Coal” has the meaning assigned by Section 134.004 (Definitions), Natural Resources Code.

(6)

“Component of the FutureGen project” means a process, technology, or piece of equipment that:

(A)

is designed to employ coal gasification technology to generate electricity, hydrogen, or steam in a manner that meets the FutureGen project profile;

(B)

is designed to employ fuel cells to generate electricity in a manner that meets the FutureGen project profile;

(C)

is designed to employ a hydrogen-fueled turbine to generate electricity where the hydrogen is derived from coal in a manner that meets the FutureGen project profile;

(D)

is designed to demonstrate the efficacy at an electric generation or industrial production facility of a carbon dioxide capture technology in a manner that meets the FutureGen project profile;

(E)

is designed to sequester a portion of the carbon dioxide captured from an electric generation or industrial production facility in a manner that meets the FutureGen project profile in conjunction with appropriate remediation plans and appropriate techniques for reservoir characterization, injection control, and monitoring;

(F)

is designed to sequester carbon dioxide as part of enhanced oil recovery in a manner that meets the FutureGen project profile in conjunction with appropriate techniques for reservoir characterization, injection control, and monitoring;

(G)

qualifies for federal funds designated for the FutureGen project;

(H)

is required to perform the sampling, analysis, or research necessary to submit a proposal to the United States Department of Energy for the FutureGen project; or

(I)

is required in a final United States Department of Energy request for proposals for the FutureGen project or is described in a final United States Department of Energy request for proposals as a desirable element to be considered in the awarding of the project.

(7)

“FutureGen project profile” means a standard or standards relevant to a component of the FutureGen project, as provided in a final or amended United States Department of Energy request for proposals or contract.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.001, eff. Aug. 12, 1991.
Amended by:
Acts 2005, 79th Leg., Ch. 1097 (H.B. 2201), Sec. 6, eff. June 18, 2005.

Source: Section 5.001 — Definitions, https://statutes.­capitol.­texas.­gov/Docs/WA/htm/WA.­5.­htm#5.­001 (accessed Jun. 5, 2024).

5.001
Definitions 5.002
Scope of Chapter 5.011
Purpose of Chapter 5.012
Declaration of Policy 5.013
General Jurisdiction of Commission 5.014
Sunset Provision 5.015
Construction of Title 5.051
Commission 5.052
Members of the Commission 5.053
Eligibility for Membership 5.054
Removal of Commission Members 5.055
Officers of State 5.056
Terms of Office 5.057
Full-time Service 5.058
Officers 5.059
Conflict of Interest 5.060
Lobbyist Prohibition 5.061
Prohibition on Accepting Campaign Contributions 5.101
Scope of Subchapter 5.102
General Powers 5.103
Rules 5.104
Memoranda of Understanding 5.105
General Policy 5.106
Budget Approval 5.107
Advisory Committees, Work Groups, and Task Forces 5.108
Executive Director 5.109
Chief Clerk 5.110
General Counsel 5.111
Standards of Conduct 5.112
Public Testimony Policy 5.113
Commission and Staff Responsibility Policy 5.114
Applications and Other Documents 5.115
Persons Affected in Commission Hearings 5.116
Hearings 5.117
Mandatory Enforcement Hearing 5.118
Power to Administer Oaths 5.119
Commission to Be Knowledgeable 5.120
Conservation and Quality of Environment 5.121
Public Information 5.122
Delegation of Uncontested Matters to Executive Director 5.124
Authority to Award Grants 5.125
Cost-sharing for Environmental Compliance Assessments by Certain Businesses 5.126
Report on Enforcement Actions 5.127
Environmental Management Systems 5.128
Electronic Reporting to Commission 5.129
Summary of and Information Provided by Public Notices 5.130
Consideration of Cumulative Risks 5.132
Creation of Performance Measures for Innovative Regulatory Programs 5.133
Actions in Mexico 5.134
Use of Environmental Testing Laboratory Data and Analysis 5.135
Small Business Compliance Assistance Program 5.136
Community Outreach 5.171
Audit 5.172
Funds from Other State Agencies 5.173
Public Information Relating to Commission 5.174
Copies of Documents, Proceedings, Etc 5.175
Inspection of Water Pollution Records 5.176
Complaint File 5.177
Notice of Complaint Procedures 5.178
Biennial Reports 5.179
Seal 5.221
General Responsibilities of the Executive Director 5.222
Delegation of Executive Director’s Authority or Duty 5.223
Administrative Organization of Commission 5.224
Information Request to Board 5.225
Career Ladder Program 5.226
Merit Pay 5.227
Equal Employment Opportunity Policy 5.228
Appearances at Hearings 5.229
Contracts 5.230
Enforcement 5.231
Travel Expenses 5.232
Employee Moving Expenses 5.233
Gifts and Grants 5.234
Applications and Other Documents 5.236
Groundwater Contamination Reports 5.237
Operating Fund 5.238
Administrative Account 5.239
Public Education and Assistance 5.271
Creation and General Responsibility of the Office of Public Interest Counsel 5.272
Public Interest Counsel 5.273
Duties of the Public Interest Counsel 5.274
Staff 5.275
Appeal 5.276
Factors for Public Interest Representation 5.311
Delegation of Responsibility 5.312
Time Limit for Issuance or Denial of Permits 5.313
Hearing Examiners Referenced in Law 5.315
Discovery in Cases Using Prefiled Written Testimony 5.351
Judicial Review of Commission Acts 5.352
Remedy for Commission or Executive Director Inaction 5.353
Diligent Prosecution of Suit 5.354
Venue 5.355
Appeal of District Court Judgment 5.356
Appeal by Executive Director Precluded 5.357
Law Suits 5.401
Consolidated Permit Processing 5.402
Request for Separate Processing 5.403
Renewal Period for Consolidated Permit 5.404
Renewal of Permits 5.405
Fees 5.406
Rules 5.501
Emergency and Temporary Order or Permit 5.502
Application for Emergency or Temporary Order 5.503
Notice of Issuance 5.504
Hearing to Affirm, Modify, or Set Aside Order 5.505
Term of Order 5.506
Emergency Suspension of Permit Condition Relating To, and Emergency Authority to Make Available Water Set Aside For, Beneficial Inflows to Affected Bays and Estuaries and Instream Uses 5.507
Emergency Order for Operation of Utility that Discontinues Operation or Is Referred for Appointment of Receiver 5.509
Temporary or Emergency Order Relating to Discharge of Waste or Pollutants 5.510
Emergency Order Concerning Underground or Aboveground Storage Tanks 5.511
Emergency Administrative Order Concerning Imminent and Substantial Endangerment 5.512
Emergency Order Concerning Activity of Solid Waste Management 5.513
Emergency Order Concerning On-site Sewage Disposal System 5.514
Order Issued Under Air Emergency 5.515
Emergency Order Because of Catastrophe 5.0535
Required Training Program for Commission Members 5.551
Permitting Procedures 5.552
Notice of Intent to Obtain Permit 5.553
Preliminary Decision 5.554
Public Meeting 5.555
Response to Public Comments 5.556
Request for Reconsideration or Contested Case Hearing 5.557
Direct Referral to Contested Case Hearing 5.558
Clean Coal Project Permitting 5.581
Definition 5.582
Applicability 5.583
Electronic Publication of Notice 5.584
Verification of Notice by Newspaper 5.585
Security at Public Meeting or Public Hearing 5.586
Notice to State Senator and State Representative 5.587
Temporary and Indefinite Permit Reporting 5.601
Definitions 5.602
Recognition of National Significance of Estuaries of Texas Coast 5.603
Finding of Benefit and Public Purpose 5.604
Lead State Agency 5.605
State Agency Participation 5.606
Estuary Program Offices 5.607
Implementation Funding 5.608
Eligibility for State Funding 5.609
Administration 5.701
Fees 5.702
Payment of Fees Required When Due 5.703
Fee Adjustments 5.704
Notice of Change in Payment Procedure 5.705
Notice of Violation 5.706
Penalties and Interest on Delinquent Fees 5.707
Transferability of Appropriations and Funds Derived from Fees 5.708
Permit Fee Exemption for Certain Research Projects 5.751
Applicability 5.752
Definitions 5.753
Standards for Evaluating and Using Compliance History 5.754
Classification and Use of Compliance History 5.755
Strategically Directed Regulatory Structure 5.756
Collection and Analysis of Compliance Performance Information 5.757
Coordination of Innovative Programs 5.758
Regulatory Flexibility 5.801
Definition 5.802
Administration by Commission 5.803
Application 5.804
Issuance of Accreditation 5.805
Rules 5.806
Discipline 5.807
Environmental Testing Laboratory Accreditation Account 5.1031
Negotiated Rulemaking and Alternative Dispute Resolution 5.1035
Rules Regarding Drinking-water Standards 5.1175
Payment of Penalty by Installment 5.1191
Research Model 5.1192
Coordination of Research 5.1193
Report 5.1733
Electronic Posting of Information 5.1734
Electronic Posting of Permit Applications 5.1765
Publication of Information Regarding Complaint Procedures and Policies 5.1771
Coordination of Complaint Investigations with Local Enforcement Officials: Training 5.1772
After-hours Response to Complaints 5.1773
Complaint Assessment 5.1781
Application Requirement for Colonias Projects 5.2291
Scientific and Technical Services 5.2292
Contracts for Services Under Petroleum Storage Tank State-lead Program 5.2725
Annual Report 5.5145
Emergency Order Concerning Operation of Rock Crusher or Concrete Plant Without Permit 5.5146
Emergency Order Concerning Operation of Certain Treatment Facilities Without Permit 5.5553
Notice of Draft Permit
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 5.001’s source at texas​.gov