Part I.
Texas Natural Resource Conservation Commission
Chapter 1.
Purpose of Rules, General Provisions
30 TAC §1.5
The Texas Natural Resource Conservation Commission (commission)
adopts an amendment to §1.5, concerning Records of the Agency, with changes
to the proposed text as published in the January 1, 1999, issue of the
In addition, the commission is concurrently adopting the repeal of 30 TAC
§305.46, concerning confidentiality of certain material. The repeal removes
requirements that essentially duplicate those in §1.5. This action is
published in this edition of the
Texas Register.
The commission has also conducted its review of the rules in 30 TAC Chapter
1, as required by the General Appropriations Act, Article IX, §167. The
adopted notice of review is concurrently published in the Rules Review section
of this edition of the
Texas Register.
EXPLANATION OF ADOPTED RULE
The amendments to §1.5 result from the commission's review of Chapter
1. That review showed the need to delete an inaccurate statutory reference
from the current rules and to clarify them. In addition, the commission determined
that it was necessary to update the rules to more accurately reflect the Texas
Public Information Act, records retention laws, and commission practices.
The changes are made to subsection (d), concerning the confidentiality
of information. The subsection provides requirements governing the designation
of confidential information. The commission proposed to amend subsection (d)(1)
to clarify that the provisions concerning marking of information claimed to
be confidential apply only to permit applicants and persons submitting information
to the commission in response to a bid solicitation. As discussed in the ANALYSIS
OF TESTIMONY in this preamble, the commission has further revised the adopted
rule in response to comments to provide that the requirement concerning marking
of information claimed to be confidential also applies to a person making
a claim of confidentiality under Texas Health and Safety Code, §382.041(a).
Other changes to subsection (d)(1) are to delete language concerning availability
of the information, as other subsections of the rule address handling of open
records requests; and to delete an unnecessary reference to 18 United States
Code, §1905. In addition, language concerning the handling of open records
requests is added to subsection (d)(2) and (3). The new language lays out
conditions under which the executive director would request disclosure determinations
from the attorney general. Language concerning the return or withdrawal of
information is deleted to make the rule more clearly consistent with state
records retention laws (Texas Government Code, Chapter 441, Subchapter L).
Other changes are to clarify the language of the rule.
FINAL REGULATORY IMPACT ANALYSIS
The commission has reviewed the rulemaking in light of the regulatory impact
analysis requirements of Texas Government Code, §2001.0225, and has determined
that it is not subject to that statute because it does not meet the definition
of major environmental rule as defined in that statute, and it does not meet
any of the four applicability requirements listed in §2001.0225(a). The
rule is not a major environmental rule because it concerns internal commission
practices. In addition, the adoption of such rules is expressly required by
the Administrative Procedure Act, Texas Government Code, §2001.004, which
requires state agencies to adopt rules of practice stating the nature and
requirements of all available formal and informal procedures. In addition,
Texas Water Code, §5.103, requires the commission to adopt rules to carry
out its powers, and §5.105 requires the commission to adopt policy by
rule.
TAKINGS IMPACT ASSESSMENT
The commission has prepared a takings impact assessment of this rule under
Texas Government Code, §2007.043. The following is a summary of that
assessment. The specific purpose of this rule is to make minor corrections
to statutory references, to add provisions that reflect agency practice concerning
certain open records requests, and to make the rule more clearly consistent
with state records laws. Adoption of this rule will substantially advance
these purposes by providing specific provisions on these matters. Promulgation
and enforcement of this rule will not burden private real property which is
the subject of the rule because it concerns only procedural requirements.
COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEW
The commission has reviewed the rulemaking and found that the rule is neither
identified in Coastal Coordination Act Implementation Rules, 31 TAC §505.11,
relating to Actions and Rules Subject to the Coastal Management Program, nor
will it affect any action or authorization identified in Coastal Coordination
Act Implementation Rules, 31 TAC §505.11. This action concerns only the
procedural rules of the commission and general agency operations. Therefore,
the rule is not subject to the Coastal Management Program.
HEARING AND COMMENTERS
A public hearing on this proposal was held in Austin on February 1, 1999,
and the comment period closed on February 1, 1999. No oral comments were received
at the public hearing. Written comments were received from Baker and Botts,
on behalf of the Texas Industry Project (TIP); BP Amoco Corporation (Amoco);
the Texas Chemical Council (TCC); and the Texas Oil and Gas Association (TXOGA).
ANALYSIS OF TESTIMONY
TIP commented that the proposed change to the provisions in §1.5(d)(1),
concerning marking of documents claimed to be confidential does not clarify
these provisions, but rather narrows the existing rule and might "limit the
class of persons or type of information that can be considered confidential."
In particular, TIP expressed concern that information submitted to the commission
in connection with the agency's air programs might not be kept confidential
as a result of the rule change. TIP noted that the Texas Clean Air Act, Texas
Health and Safety Code, §382.041, does not limit information that may
be claimed to be confidential to information submitted by permit applicants.
TIP also suggested that the proposed rule change might prevent companies from
making claims of confidentiality under §552.110 of the Public Information
Act, Texas Government Code, Chapter 552.
Amoco and TCC also expressed concern that the proposed change to §1.5(d)(1)
might prevent businesses from claiming confidentiality for certain types of
information submitted in connection with the agency's air programs. Amoco
and TCC suggested that the commission delete the proposed new language in
§1.5(d)(1), concerning marking of information claimed to be confidential.
TXOGA commented that the proposed change to §1.5(d)(1) "would limit
claims of confidentiality to permit applicants and persons responding to a
bid solicitation" and would prevent claims of confidentiality for information
submitted in connection with agency inspection and emissions inventory processes.
TXOGA also suggested that the commission delete the proposed new language
in §1.5(d)(1), concerning marking of information claimed to be confidential.
The commission agrees with these comments in part. As an initial matter,
the commission notes that the proposed changes to §1.5(d)(1) do not limit
the class of persons who may make a claim of confidentiality for information
submitted to the agency. As the first sentence of that subsection states,
any person who submits information to the commission may request that the
information be designated as confidential. The proposed changes to the rule
are simply to specify the circumstances under which information that is claimed
to be confidential must be marked as such. The commission agrees that Health
and Safety Code, §382.041(a) (Texas Clean Air Act) does not apply only
to permit applicants. Any information that is claimed to be confidential under
that section must be identified as confidential when it is submitted to the
agency. Therefore, the commission has revised the adopted §1.5(d)(1)
to include assertions of confidentiality under Health and Safety Code, §382.041(a)
in the provision requiring marking of information claimed to be confidential.
TIP commented that the provisions allowing a person to request that information
submitted to the agency be returned are not inconsistent with records retention
laws and should be kept in the rule. Amoco and TCC also noted that the commission
had proposed to delete these provisions. TXOGA commented that it is appropriate
to allow a person to withdraw information that has been submitted to the commission,
but that "has not and will not be considered by the agency in determining
the outcome of (an) application, bid, etc." TXOGA therefore requested that
the commission retain the provisions in the rule concerning the withdrawal
of information.
The commission disagrees with these comments and accordingly has made no
changes to the proposed rule in response. Once information has been submitted
to the commission, it becomes part of the agency's records. State agency records
may not be destroyed or otherwise disposed of except as allowed by state records
retention laws (see Texas Government Code, §441.187 (state agency record
may only be destroyed if allowed by agency's approved records retention schedule
or if allowed by the Texas State Library and Archives Commission) and §441.191
(state record may not be transferred out of state custody without the consent
of the Texas State Library and Archives Commission)). The commission does
not believe that these statutory provisions allow the withdrawal of a record
that has been submitted to the agency in connection with the transaction of
official agency business and is, therefore, a "state record" for purposes
of the records retention laws (see Texas Government Code, §441.180(11)
(defining "state record")).
Amoco and TCC expressed concern that the commission's rule does not provide
"due process" to allow a person claiming that submitted information is confidential
"to rebut a determination by TNRCC or the attorney general that the information
is not confidential." TXOGA commented that it did not object to the proposed
changes to §1.5(d)(2) and (3) concerning requests for an attorney general
opinion as to whether information claimed to be confidential must be disclosed,
but requested that the rule be revised to state what appeal is available if
the attorney general determines that information subject to an open records
request is not protected from disclosure.
The commission has made no changes to the rule in response to these comments.
As described in the proposed changes to §1.5(d)(2) and (3), if the commission
receives a Public Information Act request for information that is claimed
to be confidential, the commission does not make the final determination as
to whether that information must be disclosed. The Public Information Act,
Texas Government Code, §552.304 and §552.305(b), allows any person
to submit arguments to the attorney general as to whether information should
be released. Any available appeals of attorney general determinations under
the Public Information Act are governed by the Act and other law. Therefore,
the commission does not believe it is appropriate to address this issue in
its rules.
Amoco and TCC suggested that the commission "take a more affirmative role
in determining confidentiality of information" when the agency receives an
open records request. Amoco and TCC further suggested that if there continues
to be disagreement as to whether information is confidential, the person submitting
the information and the commission should attempt to resolve the disagreement
through discussions with the attorney general.
The commission has made no changes to the rule in response to these comments.
Again, if the commission receives a Public Information Act request for information
that is claimed to be confidential, the commission will comply with the Act.
The Public Information Act specifies the procedures that must be followed
in responding to information requests, and as noted previously, allows any
person to submit arguments to the attorney general as to whether particular
information is subject to disclosure.
STATUTORY AUTHORITY
The amendment is adopted under the following sections of Texas Water Code:
§5.103, which establishes the commission's general authority to adopt
rules; and §5.105, which establishes the commission's authority to set
policy by rule. Texas Government Code, §2001.004, which requires state
agencies to adopt rules of practice, also applies to this rulemaking.
§1.5. Records of the Agency.
(a)-(c)
(No change.)
(d)
Confidentiality of information.
(1)
A person submitting information to the agency may request
that the information be designated as classified data of the federal government,
or as confidential. When an applicant, a person making a claim of confidentiality
under Texas Health and Safety Code, §382.041(a), or a person submitting
a response to a bid solicitation submits classified data or confidential information,
each claim of classified data or confidentiality must be made upon submission,
and each page must be stamped "confidential." Confidential information may
include information relating to trade secrets, secret processes, or economics
of operation, or information that if made public would give any advantage
to competitors or bidders. It may also include confidential information under
5 United States Code, §552(b)(4), and special rules cited in 40 Code
of Federal Regulations, §§2.301-2.309; provided, however, that the
composition of any defined waste subject to the jurisdiction of the commission
may not be regarded as confidential information.
(2)
If the commission or executive director agrees with
the designation, the agency will not provide the information for public inspection.
If the agency receives an open records request for the information, the executive
director will submit a request to the Texas attorney general as provided in
subsection (b) of this section for a determination as to whether the information
must be disclosed.
(3)
If the executive director does not agree with a claim
of classified data or confidentiality, the person submitting the information
will be notified. If the agency receives an open records request for the information,
and the person submitting the information continues to assert a claim of confidentiality,
the executive director may submit a request to the Texas attorney general
as provided in subsection (b) of this section for a determination as to whether
the information must be disclosed.
(4)-(6)
(No change.)
(7)
For Texas pollutant discharge elimination system
applications, information required for the permit application will not be
considered confidential. This includes information submitted on the forms
themselves and any attachments used to supply information required by the
forms.
(8)
(No change.)
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on April
9, 1999.
TRD-9902116
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Effective date: April 29, 1999
Proposal publication date: January 1, 1999
For further information, please call: (512) 239-1966
30 TAC §3.2
The Texas Natural Resource Conservation Commission (commission)
adopts an amendment to §3.2, concerning Definitions, without changes
to the proposed text as published in the January 1, 1999, issue of the
The commission has also conducted its review of the rules in 30 TAC Chapter
3 as required by the General Appropriations Act, Article IX, §167. The
adopted notice of review is concurrently published in the Rules Review section
of this edition of the
Texas Register
.
EXPLANATION OF ADOPTED RULE
The commission's review of the rules in Chapter 3 showed the necessity
of correcting statutory references. The amendments to §3.2, concerning
Definitions, correct statutory references in the definitions of "EPCRA," "NEPA,"
and "SDWA." In addition, the commission made minor formatting changes to conform
with
Texas Register
requirements.
FINAL REGULATORY IMPACT ANALYSIS
The commission has reviewed the rulemaking in light of the regulatory impact
analysis requirements of Texas Government Code, §2001.0225, and has determined
that it is not subject to that statute because it does not meet the definition
of major environmental rule as defined in that statute, and it does not meet
any of the four applicability requirements listed in §2001.0225(a). The
rule is not a major environmental rule because it concerns commission definitions
with agencywide application. In addition, the adoption of such rules is expressly
required by Texas Water Code, §5.103, which requires the commission to
adopt rules to carry out its powers, and §5.105, which requires the commission
to adopt policy by rule.
TAKINGS IMPACT ASSESSMENT
The commission has prepared a takings impact assessment of this rule under
Texas Government Code, §2007.043. The following is a summary of that
assessment. The specific purpose of this rule is to make minor corrections
to statutory references. Adoption of this rule will substantially advance
these purposes by providing specific provisions on these matters. Promulgation
and enforcement of this rule will not burden private real property which is
the subject of this rule because it concerns the commission's procedural rules.
COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEW
The commission has reviewed the rulemaking and found that the rule is neither
identified in Coastal Coordination Act Implementation Rules, 31 TAC §505.11,
relating to Actions and Rules Subject to the Coastal Management Program, nor
will it affect any action or authorization identified in Coastal Coordination
Act Implementation Rules, 31 TAC §505.11. This action concerns only the
procedural rules of the commission and general agency definitions. Therefore,
the rule is not subject to the Coastal Management Program.
HEARING AND COMMENTERS
A public hearing on this proposal was held in Austin on February 1, 1999,
and the public comment period closed on February 1, 1999.
ANALYSIS OF TESTIMONY
No written or oral testimony was received on the proposed amendment.
STATUTORY AUTHORITY
The amendment is adopted under the following sections of Texas Water Code:
§5.103, which establishes the commission's general authority to adopt
rules; and §5.105, which establishes the commission's authority to set
policy by rule. Texas Government Code, §2001.004, which requires state
agencies to adopt rules of practice, also applies to this rulemaking.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April
9, 1999.
TRD-9902117
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Effective date: April 29, 1999
Proposal publication date: January 1, 1999
For further information, please call: (512) 239-1966
30 TAC §5.5
The Texas Natural Resource Conservation Commission (commission)
adopts an amendment to §5.5, concerning Composition of Advisory Committees,
without changes to the proposed text as published in the January 1, 1999,
issue of the
Texas Register
(24 TexReg 52).
The text of the rule will not be republished. This action is necessary to
correct a statutory reference in the commission's rules.
The commission has also conducted its review of the rules in 30 TAC Chapter
5, as required by the General Appropriations Act, Article IX, §167. The
adopted notice of review is concurrently published in the Rules Review section
of this edition of the
Texas Register.
EXPLANATION OF ADOPTED RULE
The amendment to §5.5 changes the statutory reference to reflect the
recodification of Vernon's Texas Civil Statutes, Article 6252-33, as Texas
Government Code, Chapter 2110, by Senate Bill 898, 75th Legislature, 1997.
The need for this minor modification was identified during the course of the
commission's review of Chapter 5.
FINAL REGULATORY IMPACT ANALYSIS
The commission has reviewed the rulemaking in light of the regulatory impact
analysis requirements of Texas Government Code, §2001.0225, and has determined
that it is not subject to that statute because it does not meet the definition
of major environmental rule as defined in that statute, and it does not meet
any of the four applicability requirements listed in §2001.0225(a). The
rule is not a major environmental rule because it concerns commission procedural
rules. In addition, the adoption of such rules is expressly required by Texas
Government Code, Chapter 2110, which prescribes requirements for state agency
advisory committees; and Texas Water Code, §5.103 and §5.105, which
require the commission to adopt rules to carry out its powers and to adopt
policy by rule, respectively.
TAKINGS IMPACT ASSESSMENT
The commission has prepared a takings impact assessment of this rule under
Texas Government Code, §2007.043. The following is a summary of that
assessment. The specific purpose of this rule is to make a minor correction
to a statutory reference. Adoption of this rule will substantially advance
these purposes by providing specific provisions on these matters. Promulgation
and enforcement of this rule will not burden private real property which is
the subject of these rules because it concerns the commission's procedural
rules.
COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEW
The commission has reviewed the rulemaking and found that the rule is neither
identified in Coastal Coordination Act Implementation Rules, 31 TAC §505.11,
relating to Actions and Rules Subject to the Coastal Management Program, nor
will it affect any action or authorization identified in Coastal Coordination
Act Implementation Rules, 31 TAC §505.11. This action concerns only the
procedural rules of the commission and the composition of agency advisory
committees. Therefore, the rule is not subject to the Coastal Management Program.
HEARING AND COMMENTERS
A public hearing on this proposal was held in Austin on February 1, 1999,
and the public comment period closed on February 1, 1999.
ANALYSIS OF TESTIMONY
No written or oral testimony was received on the proposed amendment.
STATUTORY AUTHORITY
The amendment is adopted under the following sections of Texas Water Code:
§5.103, which establishes the commission's general authority to adopt
rules; and §5.105, which establishes the commission's authority to set
policy by rule. Texas Government Code, §2001.004, which requires state
agencies to adopt rules of practice, also applies to this rulemaking. Finally,
Texas Government Code, Chapter 2110, prescribes requirements governing advisory
committees and also applies.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April
9, 1999.
TRD-9902118
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Effective date: April 29, 1999
Proposal publication date: January 1, 1999
For further information, please call: (512) 239-1966
30 TAC §10.4
The Texas Natural Resource Conservation Commission (commission)
adopts an amendment to §10.4, concerning Continuance of Matter Set for
a Commission Meeting, without changes to the proposed text as published in
the January 1, 1999, issue of the
Texas Register
(24 TexReg 53). The text of the rule will not be republished. The
amendment is recommended as a result of the commission's review of Chapter
10, as required by the General Appropriations Act, Article IX, §167.
The adopted notice of review for this chapter is concurrently published in
the Rules Review section of this edition of the
Texas Register
.
EXPLANATION OF ADOPTED RULE
The amendment to §10.4 authorizes the commission's general counsel
to remand a matter from a commission public meeting to the executive director
at the request of the executive director or the public interest counsel. This
modification would set out in rule certain provisions of a commission resolution
from November 25, 1997, which authorized a remand of an item scheduled for
a commission public meeting. The resolution is not well known or easily available
to the public. Therefore, the commission determined the need to put this provision
in its rules. A conforming change is also made to the section's title.
FINAL REGULATORY IMPACT ANALYSIS
The commission has reviewed the adopted rulemaking in light of the regulatory
impact analysis requirements of Texas Government Code, §2001.0225, and
has determined that it is not subject to that statute because it does not
meet the definition of major environmental rule as defined in that statute,
and it does not meet any of the four applicability requirements listed in
§2001.0225(a). The rule is not a major environmental rule because it
concerns commission procedural rules. In addition, the adoption of such rules
is expressly required by the Administrative Procedure Act, Texas Government
Code, §2001.004, which requires state agencies to adopt rules of practice
stating the nature and requirements of all available formal and informal procedures;
and Texas Water Code, §5.103 and §5.105, which require the commission
to adopt rules to carry out its powers and to adopt policy by rule, respectively.
TAKINGS IMPACT ASSESSMENT
The commission has prepared a takings impact assessment of this rule under
Texas Government Code, §2007.043. The following is a summary of that
assessment. The specific purpose of this rule is to streamline agency processes.
Adoption of this rule will substantially advance these purposes by providing
specific provisions on these matters. Promulgation and enforcement of this
rule will not burden private real property which is the subject of this rule
because it concerns the commission's procedural rules.
COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEW
The commission has reviewed the rulemaking and found that the rule is neither
identified in Coastal Coordination Act Implementation Rules, 31 TAC §505.11,
relating to Actions and Rules Subject to the Coastal Management Program, nor
will it affect any action or authorization identified in Coastal Coordination
Act Implementation Rules, 31 TAC §505.11. This action concerns only the
procedural rules of the commission and the conduct of certain actions. Therefore,
the rule is not subject to the Coastal Management Program.
HEARING AND COMMENTERS
A public hearing on this proposal was held in Austin on February 1, 1999,
and the public comment period closed on February 1, 1999.
ANALYSIS OF TESTIMONY
No written or oral testimony was received on the proposed amendment.
STATUTORY AUTHORITY
The amendment is adopted under the following sections of Texas Water Code:
§5.103, which establishes the commission's general authority to adopt
rules; and §5.105, which establishes the commission's authority to set
policy by rule. Texas Government Code, §2001.004, which requires state
agencies to adopt rules of practice, also applies to this rulemaking.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April
9, 1999.
TRD-9902119
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Effective date: April 29, 1999
Proposal publication date: January 1, 1999
For further information, please call: (512) 239-1966
Subchapter C. Application for Permit
30 TAC §305.46
The Texas Natural Resource Conservation Commission (commission)
adopts the repeal of §305.46, concerning Designation of Material as Confidential,
without changes to the proposed text as published in the January 1, 1999,
issue of the
Texas Register
(24 TexReg 91).
The repeal will not be republished.
The repeal is necessary to remove requirements that are duplicated in the
commission's general procedural rules, and this action is part of the commission's
continuing effort to consolidate its procedural rules.
In addition to this action, the commission adopts a conforming change in
30 TAC §312.11 in this edition of the
Texas
Register
.
EXPLANATION OF ADOPTED RULE
The repeal of §305.46 removes requirements that duplicate those in
30 TAC §1.5(d), concerning Records of the Agency. This action is part
of the commission's ongoing effort to reorganize, clarify, and consolidate
its procedural rules. By consolidating these rules, the commission hopes to
eliminate any conflicting procedural requirements and unwarranted non-statutory
differences within its rules.
FINAL REGULATORY IMPACT ANALYSIS
The commission has reviewed the rulemaking in light of the regulatory impact
analysis requirements of Texas Government Code, §2001.0225, and has determined
that it is not subject to that statute because it does not meet the definition
of major environmental rule as defined in that statute, and it does not meet
any of the four applicability requirements listed in §2001.0225(a). The
rule is not a major environmental rule because it concerns commission procedural
rules. In addition, the adoption of such rules is expressly required by the
Administrative Procedure Act, Texas Government Code, §2001.004, which
requires state agencies to adopt rules of practice stating the nature and
requirements of all available formal and informal procedures. In addition,
Texas Water Code, §5.103 and §5.105, require the commission to adopt
rules to carry out its powers and to adopt policy by rule, respectively.
TAKINGS IMPACT ASSESSMENT
The commission has prepared a takings impact assessment of this rule under
Texas Government Code, §2007.043. The following is a summary of that
assessment. The specific purpose of this rule is to streamline agency processes.
Adoption of this rule will substantially advance these purposes by providing
specific provisions on these matters. Promulgation and enforcement of this
rule will not burden private real property which is the subject of this rule
because it concerns the commission's procedural rules.
COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEW
The commission has reviewed the rulemaking and found that the rule is neither
identified in Coastal Coordination Act Implementation Rules, 31 TAC §505.11,
relating to Actions and Rules Subject to the Coastal Management Program, nor
will it affect any action or authorization identified in Coastal Coordination
Act Implementation Rules, 31 TAC §505.11. This action concerns only the
procedural rules of the commission. Therefore, the rule is not subject to
the Coastal Management Program.
HEARING AND COMMENTERS
A public hearing on this proposal was held in Austin on February 1, 1999,
and the public comment period closed on February 1, 1999.
ANALYSIS OF TESTIMONY
No written or oral testimony was received on the proposed repeal.
STATUTORY AUTHORITY
The repeal is adopted under the following sections of Texas Water Code:
§5.103, which establishes the commission's general authority to adopt
rules; and §5.105, which establishes the commission's authority to set
policy by rule. Texas Government Code, §2001.004, which requires state
agencies to adopt rules of practice, also applies to this rulemaking.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April
9, 1999.
TRD-9902120
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Effective date: April 29, 1999
Proposal publication date: January 1, 1999
For further information, please call: (512) 239-1966
Subchapter A. General Provisions
Chapter 3.
Definitions
Chapter 5.
Advisory Committees
Chapter 10.
Commission Meetings
Chapter 305.
Consolidated Permits
Chapter 312.
Sludge Use, Disposal, and Transportation