Plain-language guide to TCEQ's proposed produced water land-application rules, free downloadable checklists, and step-by-step instructions for filing public comment before the June 16 deadline.
In 2025, Texas SB 1145 transferred regulatory authority for land application of treated produced water from the Railroad Commission (RRC) to the Texas Commission on Environmental Quality (TCEQ). TCEQ is now writing the implementing rules under Chapters 309 and 210, which will set:
| Item | Under RRC | Under TCEQ |
|---|---|---|
| Permit authority | Railroad Commission | TCEQ (Chapter 309/210) |
| Effluent limits | Not formally set | Specific TDS, sodium, metals limits TBD |
| Groundwater monitoring | Minimal | Required — wells, setbacks, testing |
| Public notice | Not required | Required for permit applications |
| Site approval | Operator-managed | TCEQ site review required |
| Dust control (roads) | Allowed, limited oversight | Subject to new permit process |
| Ag / industrial reuse | Case-by-case | Formal permit pathway |
| Effective date | Pre-Sept 2025 | September 1, 2025 (ongoing rulemaking) |
* Table reflects proposed rules in public comment as of May 2026. Final limits not yet adopted. Consult a licensed engineer for compliance decisions.
Printable quick references for operators navigating the TCEQ transition. Download and share freely — informational only, not legal, engineering, or regulatory advice. Submit your situation and we'll connect you with the right people →
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If this is getting into territory that requires professional judgment — permitting timelines, site assessments, or effluent limit analysis for your specific operation — the directory has TCEQ-experienced consultants and environmental engineers serving the Permian Basin. Or describe your situation and we'll route it to the right TCEQ-experienced firm.
The public hearing is June 15, 2026 at 10:00 a.m. — hybrid in-person at TCEQ headquarters in Austin (Building E, Room 201S) and virtual. Written comments accepted through June 16, 2026. If you operate in the Permian Basin and use produced water for any land application purpose, your input matters on the record.
Open the TCEQ comment portal and locate Land Application of Produced Water — RPN 2026-006-309-OW. Use the rulemaking proposal documents to review the full rule text and preamble.
Focus on sections that directly affect your operations: effluent limits (are they feasible with current treatment technology?), monitoring frequency, setback requirements, and permitting timelines.
Be specific. Reference the rule section number. Provide operational data if possible (volumes, current treatment parameters). Technical comments with data carry more weight than general objections.
Submit through the TCEQ comment portal. Select Land Application of Produced Water — RPN 2026-006-309-OW, click Comment Now, and submit before 5:00 PM Central, June 16, 2026.
June 15, 2026 at TCEQ offices in Austin. You can testify in person or submit written comments in lieu of attendance. In-person testimony strengthens the record.
New expanded area-of-review requirements, pressure limits on SWDs, and seismicity buffers took effect June 1, 2025. Affects all disposal well permit applications in Permian Basin Districts 7C, 8, and 8A.
Signed by Governor Abbott. Effective September 1, 2025. Authorizes produced water reuse outside oilfield applications with RRC regulatory oversight. Establishes liability framework for non-oilfield supply contracts.
First comprehensive update since 1984. Permits producers to recycle without an RRC permit (design and monitoring requirements apply). Streamlines recycling adoption for smaller operators.
Confirmed produced water belongs to the mineral lessee unless contract states otherwise. Eliminates a key ambiguity for structuring beneficial reuse supply agreements and long-term contracts.
These rules are new and the details matter. If you're working through a permit application, a site assessment, or trying to understand what the effluent limits mean for your specific operation — there are experienced people in the basin who do this every day.
Browse TCEQ-experienced consultants and environmental attorneys in the directory, or submit your situation and we'll point you toward the right firm.
TCEQ updates, rule adoptions, and Permian water market news. We'll notify you of any comment period extensions or last-minute hearing changes.