(a) For purposes of this subchapter, the following is an exclusive list of actions taken or authorized by the Texas Natural Resource Conservation Commission (commission) or executive director that may adversely affect a coastal natural resource area and that must be consistent with the CMP goals and policies:
  (1) For actions outside the program boundary when issuing or approving:
    (A) an application for a new water right located within 200 stream miles of the coast and proposing an appropriation of 10,000 acre-feet of water per year or more;
    (B) an application to amend a water right located within 200 stream miles of the coast and requesting:
      (i) an increase in the annual appropriation of 10,000 acre-feet or more of water; or
      (ii) a change in purpose of use to a more consumptive use of 10,000 acre-feet or more of water per year;
    (C) an action under subparagraphs (A) or (B) of this paragraph shall not be considered an action subject to the CMP if it is an action taken to implement the Trans-Texas Water Program as approved in whole or in part, and found to be consistent with CMP goals and policies by the Trans-Texas Water Program Policy Management Committee, provided that the committee includes as voting members at least three members of the Coastal Coordination Council (CCC or council) or their designated representatives and a majority of those council members vote to approve and find that it is consistent with the CMP goals and policies.
  (2) For actions inside the program boundary when issuing or approving:
    (A) an application for:
      (i) a new water right proposing an appropriation of 5,000 acre-feet of water or more per year;
      (ii) an amendment to an existing water right requesting an increase in appropriation of 5,000 acre-feet of water per year or more, or a change in purpose of use to a more consumptive use of 5,000 acre-feet of water or more per year;
    (B) an action under subparagraph (A) of this paragraph shall not be considered an action subject to the CMP if it is an action taken to implement the Trans-Texas Water Program as approved in whole or in part, and found to be consistent with CMP goals and policies by the Trans-Texas Water Program Policy Management Committee, provided that the committee includes as voting members at least three members of the CCC or their designated representatives and a majority of those council members vote to approve and find that it is consistent with the CMP goals and policies;
    (C) the declaration of an emergency and request for an emergency release of water under Texas Water Code, §16.195;
    (D) an application for the treatment, storage, or disposal of municipal, industrial, non-hazardous or hazardous waste;
    (E) a petition for the creation of a special purpose district or approval of bonds for infrastructure on coastal barriers;
    (F) a refusal for approval of a levee improvement or other flood control project pursuant to Texas Water Code, §16.236, and Chapter 301 of this title (relating to Levee Improvement Districts, District Plans of Reclamation and Levees, and Other Improvements);
    (G) an application for state water quality certification of a federal permit pursuant to §401 of the federal Clean Water Act;
    (H) a wastewater discharge permit; and
    (I) a permit for a new concentrated animal feeding operation located one mile or less from a critical area or coastal waters; and
  (3) the promulgation of rules governing or authorizing actions listed in paragraph (1) and (2) of this subsection, including rules as listed in Appendix E of §281.48 of this title (relating to Appendices).
(b) The review and action on an application or request for agency approval provided in subsection (a)(1), (2), and (3) of this section shall not be considered an action subject to the CMP goals and policies if the action is taken pursuant to rules that the council has certified as consistent with the CMP and:
  (1) for wastewater discharge permits, if the action is not a major permit modification that would increase pollutant loads to coastal waters or would result in the relocation of an outfall to a critical area;
  (2) for municipal, industrial, hazardous, or non-hazardous waste permits, if the action is not a Class III modification as defined in commission rules; or
  (3) for any other action under this subsection if the action only extends the time period of the existing authorization without authorizing new or additional work or activities or is not otherwise directly relevant to the policies in 31 Texas Administrative Code §501.14. Such specific actions include, but are not limited, to those listed in §281.47 of this title (relating to Actions Not Subject to Referral for Council Review).

Source Note: The provisions of this §281.45 adopted to be effective May 15, 1996, 21 TexReg 3798.