Section 6.104 - Authorization by Rule(a) An authorization by rule (or "permit by rule") provides authority to operate under predetermined requirements without a separate application process, so long as the Director confirms the activity meets the specified predetermined requirements.(b) An owner in compliance with this subchapter is authorized by rule to cause to be drilled and installed and to operate a shallow closed-loop geothermal system and is not required to obtain an individual permit except as provided by subsection (b) of this section. The owner shall register the system as authorized by rule in accordance with §6.105 of this title (relating to Registration of a Shallow Closed-Loop Geothermal System for Authorization by Rule).(c) The Director will review the registration required by §6.105 of this title (relating to Registration of a Shallow Closed-Loop Geothermal System for Authorization by Rule) and the well report required by §6.110 of this title (relating to Well Reports). (1) The Director will review the registration and the well report to determine whether the shallow closed-loop geothermal injection well:(A) encounters groundwater that is detrimental to human health and the environment or can cause pollution to land, surface water, or other groundwater;(B) may cause a violation of primary drinking water regulations under 40 CFR Part 142 ;(C) deviates from any construction or operational standards of §6.106 and §6.109; or(D) may otherwise adversely affect human health or the environment.(2) If upon review of the registration or the well report, or at any other time, the Director determines that a condition listed in paragraph (1) of this subsection exists, the Director may take any of the following actions:(A) require the owner to obtain an individual permit;(B) require the owner to take such actions (including, where required, closure of the injection well) as may be necessary to prevent the violation; or(C) refer the violation for enforcement action.(d) If the Director makes a determination under subsection (b) of this section, the owner shall cease injection operations until the owner complies with the Director's requirements. The owner may request a hearing to contest the Director's determination.16 Tex. Admin. Code § 6.104
Adopted by Texas Register, Volume 50, Number 01, January 3, 2025, TexReg 0103, eff. 1/6/2025