Title 16, Part IV

The Texas Department of Licensing and Regulation (department) files this notice of intent to review and consider for readoption, revision, or repeal, Title 16, Texas Administrative Code, Chapter 65, Boiler Division. This review and consideration is being conducted in accordance with the General Appropriations Act, House Bill 1, Article IX, §167, 75th Legislature, 1997.

An assessment will be made by the department as to whether the reasons for adopting or readopting these rules continue to exist. Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the department.

As required by §167, any questions or written comments pertaining to this rule review may be submitted to Theda Lambert, General Counsel/Director of Enforcement, P.O. Box 12157, Austin, Texas, 78711, facsimile (512) 475-2872, or by e-mail theda.lambert@license.state.tx.us. The deadline for comments is two weeks after publication in the Texas Register .

Any proposed changes to these rules as a result of the rule review will be published in the Proposed Rule Section of the Texas Register . The proposed rules will be open for public comment prior to final adoption or repeal by the department, in accordance with the requirements of the Administrative Procedure Act, Texas Government Code Annotated, Chapter 2001.

16 TAC §65.1. Authority.

16 TAC §65.10. Definitions.

16 TAC §65.20. Licensing/Certification/Registration Requirements.

16 TAC §65.30. Exemptions.

16 TAC §65.50. Reporting Requirements.

16 TAC §65.60. Responsibilities of the Department.

16 TAC §65.65. Boiler Board.

16 TAC §65.70. Responsibilities of the Licensee/Certificate Holder/Registrant.

16 TAC §65.80. Fees.

16 TAC §65.90. Sanctions.

16 TAC §65.100. Technical Requirements.

TRD-9900313

Rachelle A. Martin

Executive Director

Texas Department of Licensing and Regulation

Filed: January 15, 1999

Title 30, Part I

The Texas Natural Resource Conservation Commission (commission) proposes the review of 30 TAC Chapter 70, concerning Enforcement. This review complies with the General Appropriations Act, Article IX, §167, 75th Legislature, 1997.

The commission proposes to review the rules contained in Chapter 70, concerning Enforcement, as required by the General Appropriations Act, Article IX, §167. Section 167 requires state agencies to review and consider for readoption rules adopted under the Administrative Procedure Act. The review must include, at a minimum, an assessment that the reason for the rules continue to exist. The commission has reviewed the rules in Chapter 70 and determined that the reasons for adopting those rules continue to exist. The rules are necessary to establish the procedures whereby enforcement matters are handled by the commission. Enforcement is an essential tool to maintaining compliance of regulated entities and is specifically provided for by the Texas Legislature in Texas Water Code, §7.002.

The commission concurrently proposes amendments to §;70.2, 70.5, 70.7-70.11, 70.51, 70.101, 70.102, and 70.104-70.106 in the Proposed Rules section of this issue of the Texas Register. The changes implement state statutory requirements. These changes are proposed as a result of the commission's review of the rules, and primarily address the commission's regulatory reform goals. In addition, changes are proposed which would clarify the rules to make them more clearly consistent with applicable state statutes and the Texas Rules of Civil Procedure. The specific changes are noted in the proposed rule preamble.

Comments on the commission's review of the rules contained in Chapter 70 may be submitted to Lisa Martin, Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference Rule Log Number 98053-070- AD. Comments must be received by 5:00 p.m., March 1, 1999. For further information, please contact Brian Christian, Policy Research Division, at (512) 239-1760.

TRD-9900276

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: January 15, 1999

The Texas Natural Resource Conservation Commission (commission) proposes the review of 30 TAC Chapter 101, concerning General Rules. This review is in accordance with the General Appropriations Act, Article IX, §167, 75th Legislature, 1997.

The General Appropriations Act, Article IX, §167 requires state agencies to review and consider for readoption rules adopted under the Administrative Procedure Act. The reviews must include, at a minimum, an assessment that the reason for the rules continues to exist. The commission has reviewed the rules in Chapter 101 and determined that the reasons for adopting these rules continue to exist. The chapter contains rules that are basic functions of the commission, apply to air pollution sources statewide, and provide a regulatory base from which other air pollution rules are promulgated. The rules apply to the following subjects: definitions, multiple air contaminant sources or properties, circumvention of pollution controls, nuisances, traffic hazards, reporting of source upsets and maintenance, sampling procedures and terminology, emission inventory compilation, exemptions from rules and regulations, use and effect of rules, variances, transfer of permits, cumulative remedies resulting from judicial procedures, severability of regulations, compliance with United States Environmental Protection Agency and other national standards, effective date of the General Rules, alternate emission reductions, inspection and emission fees, fees for registration of non-permitted facilities, fuel oil surcharge, emissions banking, and conformity of state and federal actions to state implementation plans.

As a result of the rules review, the commission has identified several areas for amendment. These amendments will include reformatting the chapter for clarity and easier amendment, deletion of definitions duplicated in other rules of the commission, amending definitions to reflect administrative changes and to clarify when and how specific regulations are applied, and clarification of procedures for regulating multiple air contaminant sources. These amendments will also allow the application of a single set of equivalent or more stringent requirements to permitted sources subject to multiple, duplicative regulatory requirements; codify statutory authority related to emission inventories and exemptions from rules; correct administrative errors in upset and maintenance reporting rules; and clarify procedures that allow the commission to enforce federal emission standards. The amendments are currently under development and are scheduled to be proposed in the first calendar quarter of 1999. A detailed description of the amendments will be published with that proposal.

Comments on the commission's review of the rules contained in Chapter 101 may be submitted to Lisa Martin, Texas Natural Resource Conservation Commission, Office of Policy and Regulatory Development, MC 205, P. O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference Rule Log Number 98071-101-AI. Comments must be received by 5:00 p.m., March 1, 1999. For further information, please contact Beecher Cameron, Air Policy and Regulations Division, (512) 239-1495, or Alan Henderson, Air Policy and Regulations Division, (512) 239-1510.

TRD-9900280

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: January 15, 1999

The Texas Natural Resource Conservation Commission (commission) proposes the review of 30 TAC Chapter 113, Control of Air Pollution from Toxic Materials. This review is in accordance with the General Appropriations Act, Article IX, §167, 75th Legislature, 1997.

Chapter 113 concerns the control of air pollution from designated pollutants and facilities, as well as toxic materials throughout the State of Texas, and is currently divided into four subchapters. Subchapter A, concerning Definitions, contains the definitions pertinent to rules contained within Chapter 113 only. Subchapter B, concerning National Emission Standards for Hazardous Air Pollutants (NESHAPS), contains state adopted rules which incorporate some of the federal NESHAPS as promulgated in Title 40 of the Code of Federal Regulations, Part 61 (40 CFR 61). Subchapter C, concerning National Emission Standards for Hazardous Air Pollutants for Source Categories, contains state adopted rules which incorporate the federal NESHAPS as promulgated in 40 CFR 63. The NESHAPS in 40 CFR 63 incorporate the maximum available control technology (MACT) as defined for each of the source categories, and are also referred to as MACT standards. Subchapter D, concerning Designated Facilities and Pollutants, contains state adopted rules applicable to existing sources which are adopted as emissions guidelines in accordance with §111(d) of the Federal Clean Air Act (FCAA). These emissions guidelines are promulgated in 40 CFR 60.

Chapter 113 has been modified extensively during the past two years to the extent that there are no sections contained in the current chapter that existed prior to December 26, 1996. The primary need for Chapter 113 is to provide a format for the commission to adopt the federal stationary source performance standards and hazardous air pollutant standards as they are promulgated by the U.S. Environmental Protection Agency (EPA) in 40 CFR Parts 60, 61, and 63; and to request delegation for the state administration of these programs.

The justification for each of the Chapter 113 subchapters and the sections contained therein, therefore, is the same justification used when they were adopted. Subchapter A was adopted on June 3, 1998 to make the Chapter 113 format consistent with other air chapters. This subchapter contains those program-specific definitions that are found only in Chapter 113 and are not applicable to other chapters. Subchapter B was adopted on January 13, 1999 to incorporate one of the federal NESHAPS (Subpart R, Radon Emissions from Phosphogypsum Stacks) as promulgated by EPA in 40 CFR 61. Because Subchapter B was adopted at the same time this rule review was approved to be submitted to the Texas Register for public comment, the text of the Subchapter B adoption may be found in the Rules Section of the same edition of the Texas Register. This state- adopted standard allows the commission to incorporate the federal standard into new source review and federal operating permits. With this action, the commission also requested delegation of the Subpart R NESHAPS from the EPA which, when granted, will allow the commission to administer the program. EPA delegation of state-adopted NESHAPS will eliminate the redundancy of dual program administration. Subchapter C was adopted on June 25, 1997 to incorporate the general provisions and seven of the federal MACT standards promulgated by EPA in 40 CFR 63. Six additional MACT standards were adopted by the commission on October 15, 1997, and a third set of five MACT standards was adopted by the commission on October 7, 1998. Future rulemakings are planned to include additional MACT standards as they are promulgated and/or revised by EPA. These state adopted standards allow the commission to incorporate the federal standards into New Source Review and Federal Operating Permits. The commission also requested delegation of the MACT standards from the EPA which, when granted, will allow the commission to administer the program. EPA delegation of the MACT standards will eliminate the redundancy of program administration for the affected industry. Subchapter D was adopted on October 7, 1998 in response to a federal requirement in §60.23(a) of 40 CFR 60. Subchapter D includes rules regarding municipal solid waste landfills. Section 60.23(a) requires that within nine months of publication of a final emission guideline document for a designated type of existing facility (as defined in 40 CFR §60.21(b)), each state must adopt rules governing control of the designated pollutants.

Comments on the commission's review of the rules contained in Chapter 113 may be mailed to Heather Evans, Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference Rule Log Number 98032-113-AI. Comments must be received by March 1, 1999. For further information, please contact Alan Henderson at (512) 239-1510 or Barry Irwin at (512) 239-1461.

TRD-9900266

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: January 15, 1999

The Texas Natural Resource Conservation Commission (commission) proposes the repeal of§;120.1, 120.3, 120.11-120.13, 120.15, 120.21, and 120.31, concerning Control of Air Pollution from Hazardous Waste or Solid Waste Management Facilities.

The commission has also conducted its review of the rules in Chapter 120 as required by the General Appropriations Act, Article IX, §167, 75th Legislature, 1997. The proposed notice of review can be found in the Review of Agency Rules section of this edition of the Texas Register.

EXPLANATION OF RULES

Chapter 120 and 30 TAC Chapter 335, Subchapter L, are joint rules for the Control of Air Pollution from Hazardous Waste or Solid Waste Management Facilities which were first adopted by the Texas Air Control Board (TACB) and the Texas Water Commission (TWC) in 1986, under requirements of the Solid Waste Disposal Act (SWDA). The two sets of rules contain the same permitting requirements and were needed for issuance of "one-stop" permits until the two agencies merged September 1, 1993, creating the Texas Natural Resource Conservation Commission. Today, permittees holding existing "one-stop" permits for solid waste facilities may renew or amend those permits using the existing statutory authority of the SWDA and the rules of the commission in 30 TAC Chapter 335. New applicants whose projects require more than one permit from the commission may avail themselves of the commission's new consolidated permitting rules, 30 TAC §;33.11-33.51. These rules allow applicants to seek multiple authorizations through consolidated processes, and receive a single consolidated permit or receive separate permits. In addition, 30 TAC Chapter 116 may be used by those seeking separate air authorization.

The commission has reviewed the joint rules under Chapter 120 and Chapter 335, Subchapter L, and has determined that the agency no longer needs two sets of rules containing the same requirements. Accordingly, the repeal of Chapter 120 is proposed.

FISCAL NOTE

Jeff Grymkoski, Director, Strategic Planning and Appropriations Division, has determined that for the first five-year period the repeals are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed repeals.

PUBLIC BENEFIT

Mr. Grymkoski also has determined that for each year of the first five years the proposed repeals are in effect, the anticipated public benefit will be the removal of duplicate rules without any change in requirements. There is no anticipated economic cost to persons as a result of the repeals as proposed.

SMALL BUSINESS ANALYSIS

There is no anticipated economic cost to small businesses to comply with the proposed repeals. The primary purpose of this action is to remove duplicate rules without changing any requirements.

DRAFT REGULATORY IMPACT ANALYSIS

The commission has reviewed the proposed rulemaking in light of the regulatory analysis requirements of Texas Government Code (the Code), §2001.0225, and has determined that the rulemaking is not subject to §2001.0225 because it does not meet the definition of "major environmental rule," as defined in the Code. Specifically, the repeal of Chapter 120 will not cause any change in requirements which are found duplicated in Chapter 335, Subchapters G and L. This proposal is not an express requirement of state or federal law, but was developed as a result of the rules review of Chapter 120 in accordance with requirements of the General Appropriations Act, Article IX, §167. This proposal does not involve an agreement or contract between the state and an agency or representative of the federal government to implement a state or federal program, and was not developed solely under the general powers of the agency.

TAKINGS IMPACT ASSESSMENT

The commission has prepared a takings impact assessment for this proposal under the Code, §2007.043. The following is a summary of that assessment. The specific purpose of the rulemaking is to repeal Chapter 120, which duplicates provisions included in Chapter 335, Subchapters G and L. Prior to September 1, 1993, the SWDA required the former TWC and the former TACB to establish joint rules for "one-stop" permitting for the control of air pollution from hazardous and solid waste management facilities. Since the merger of the two former agencies into the Texas Natural Resource Conservation Commission, September 1, 1993, the SWDA no longer requires the joint rules for two agencies which no longer exist. With the repeal of Chapter 120, the "one-stop" permitting provisions will remain effective in Chapter 335. Adoption of the repeals will not affect private real property which is the subject of the rules because this rulemaking action does not restrict or limit the owner's right to the property that otherwise would exist in the absence of the rulemaking. Further, this rulemaking is not the producing cause of the reduction in the market value of private real property. Therefore, this action, which involves no change in permitting requirements, does not create a burden on private real property.

COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEW

The commission has determined that this rulemaking action is subject to the Texas Coastal Management Program (CMP) in accordance with the Coastal Coordination Act of 1991, as amended (Texas Natural Resources Code,§;33.201 et. seq.), the rules of the Coastal Coordination Council (31 TAC Chapters 501-506), and the commission's rules in 30 TAC Chapter 281, Subchapter B, concerning Consistency with the Texas CMP. As required by 31 TAC §505.11(b)(2) and 30 TAC §281.45(a)(3), relating to actions and rules subject to the CMP, agency rules governing air pollutant emissions must be consistent with the applicable goals and policies of the CMP. The commission has reviewed this action for consistency, and has determined that this rulemaking is consistent with the applicable CMP goals and policies.

The CMP goal applicable to the repeals is 31 TAC §501.21, to protect, preserve, restore, and enhance the diversity, quality, quantity, functions, and values of Coastal Natural Resource Areas. The primary CMP policy applicable to this rulemaking action is the policy that the commission rules comply with federal regulations at Title 40, Code of Federal Regulations, in order to protect and enhance air quality in the coastal area. No change in current requirements is proposed in the repeals because the existing provisions of Chapter 120 will continue to be effective under Chapter 335. Therefore, in compliance with 31 TAC §505.22(e), the commission affirms that this rulemaking is consistent with CMP goals and policies. Interested persons may submit comments on the consistency of the proposed repeals with the CMP during the public comment period.

PUBLIC HEARING

A public hearing on this proposal will be held March 1, 1999, at 9:30 a.m. in Room 2210 of TNRCC Building F, located at 12100 Park 35 Circle, Austin. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

SUBMITTAL OF COMMENTS

Comments may be submitted to Lisa Martin, Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference Rule Log Number 98037-120-AI. Comments must be received by 5:00 p.m., March 1, 1999. For further information or questions concerning this proposal, please contact Barry Irwin, Air Policy and Regulations Division, (512) 239-1461.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearings should contact the agency at (512) 239-4900. Requests should be made as far in advance as possible.

STATUTORY AUTHORITY

The repeals are proposed under Texas Health and Safety Code, the Texas Clean Air Act (TCAA), §382.017, which provides the commission with the authority to adopt rules consistent with the policies and purposes of the TCAA.

The proposed repeals implement Texas Health and Safety Code, §382.017.

120.1. Definitions.

120.3. Applicability.

120.11. Permit Conditions.

120.12. Prohibition on Permit Issuance.

120.13. Representations in Application for Permit.

120.15. Responsibility for Review of Air Quality Impacts from Existing, New, and Modified Facilities.

120.21. General Air Emissions Requirements for Hazardous or Solid Waste Management Facilities.

120.31. Specific Air Emissions Requirements for New, Modified, and Existing Hazardous or Solid Waste Management Facilities.

TRD-9900279

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: January 15, 1999

The Texas Natural Resource Conservation Commission (commission) proposes the review of 30 TAC Chapter 285, concerning On-Site Sewage Facilities (OSSF). This review is in accordance with the General Appropriations Act, Article IX, §167, 75th Legislature, 1997.

Chapter 285 concerns the OSSF system standards, specifications, criteria, and program administration. The General Appropriations Act, Article IX, §167, requires state agencies to review and consider for readoption rules adopted under the Administrative Procedure Act. The reviews must include, at a minimum, an assessment that the reason for the rules continues to exist. The commission has reviewed the rules in Chapter 285 and determined that the reason for their adoption continues to exist. The rules are necessary in order to effectively administer, manage, and implement the OSSF program regulating the planning, design, construction, installation, operation, and maintenance of OSSFs in the state. These rules assist the state's citizens in obtaining safe and adequate OSSFs, minimize the exposure of Texas citizens to the disease transmission potential of human and domestic waste, minimize the contamination of drinking water supplies and hazards to state's recreational areas, and reduce the potential for surface and groundwater pollution. The use of OSSF systems for treatment and disposal of domestic wastewater has dramatically increased in the state over the last few years, and specific rules regulating OSSFs are necessary.

There has been an initial review of these rules by a 20-member ad hoc committee composed of installers, regulators, designers, engineers, sanitarians, and commission staff from all areas of the state. Specifically, the committee has recommended that the commission clarify several areas of the rules that cause confusion in the regulated community (i.e., the type of backfill around the different types of systems), provide consistency under the rules between different systems (i.e., depth of suitable material to restrictive horizons and groundwater), and reduce the experience requirements for Installer I and Installer II under the rules.

These changes will be proposed after the conclusion of the review of Chapter 285 so that any further changes identified in comments and accepted by the commission can be incorporated into the rules revision.

Comments on the commission's review of the rules contained in Chapter 285 may be submitted to Lisa Martin, Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. All comments should reference Rule Log Number 98036-285-WT. Comments must be received by 5:00 p.m., March 16, 1999. For further information, please contact Warren D. Samuelson, at (512) 239-4799.

TRD-9900286

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: January 15, 1999

Title 28, Part II

The Texas Workers' Compensation Commission files this notice of intention to review the rule contained in Chapter 108 concerning Charges for Copies of Public Information. This review is pursuant to the General Appropriations Act, Article IX, §167, 75th Legislature, 1997.

The agency's reason for adopting the rule contained in this chapter continues to exist and it proposes to readopt this rule.

Comments regarding the §167 requirement as to whether the reason for adopting this rule continues to exist must be received by 5:00 p.m. on March 1, 1999, and submitted to Donna Davila, Office of General Counsel, Mailstop #4-D, Texas Workers' Compensation Commission, Southfield Building, 4000 South IH 35, Austin, Texas, 78704-7491.

§108.1. Charges For Copies of Public Information.

TRD-9900331

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: January 19, 1999

Title 30, Part I

The Texas Natural Resource Conservation Commission (commission) adopts without change the review of 30 TAC Chapter 238, concerning Water Well Drillers Rules, and 30 TAC Chapter 340, concerning Licensing Requirements and Complaint Procedures for Water Well Drillers and Pump Installers which appeared in the October 30, 1998, issue of the Texas Register (23 TexReg 11173).

REVIEW OF AGENCY RULES

The commission adopts the review of the rules contained in 30 TAC Chapter 238 and 30 TAC Chapter 340. This review was conducted in accordance with the General Appropriations Act, Article IX, §167, 75th Legislature, 1997. Section 167 requires state agencies to review, and consider for readoption, rules adopted under the Administrative Procedure Act. The reviews must include, at a minimum, an assessment that the reason for the rules continues to exist.

The commission has reviewed the rules in Chapter 238 and 340, and determined that the reasons for adopting these rules no longer exist. The rules govern the licensing and occupational certification programs for water well drillers and pump installers. These programs were transferred from the commission to the Texas Department of Licensing and Regulation (TDLR), due to legislative changes to Chapters 32 and 33 of the Texas Water Code. The rules are no longer necessary because TDLR has adopted rules under Chapters 32 and 33 of the Texas Water Code. The commission concurrently adopts the repeal of these chapters in the Adopted Rules section of this issue of the Texas Register .

No comments were received regarding the repeal of these chapters. A public hearing on the proposal was held on November 23, 1998. No one presented testimony at the public hearing and no comments were submitted in writing on this proposal. The comment period ended November 30, 1998.

TRD-9900305

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: January 15, 1999

The Texas Natural Resource Conservation Commission (commission) adopts the review of 30 TAC Chapter 290, Subchapters D-G, concerning Public Drinking Water. The review was conducted in accordance with the General Appropriations Act, Article IX, §167, 75th Legislature, 1997.

The commission readopts the rules contained in 30 TAC Chapter 290, Subchapters D-G, concerning Public Drinking Water, as required by the General Appropriations Act, Article IX, §167. Section 167 requires state agencies to review, and consider for readoption, rules adopted under the Administrative Procedure Act. The reviews must include, at a minimum, an assessment that the reason for the rules continues to exist.

The commission has reviewed the rules in Chapter 290, Subchapter D-F, concerning Public Water Systems, and finds that the reasons for adopting those rules continue to exist. Adopted pursuant to Texas Health and Safety Code, Chapter 341, Subchapter C, these rules are necessary to protect the public health and welfare by assuring the microbiological, chemical and radiological quality of public water supplies; assuring an adequate quantity of drinking water; assuring that new systems are financially stable and technically sound; establishing fees for these services; and assuring minimum acceptable operating practices for public water systems.

The commission has reviewed the rules in Chapter 290, Subchapter G, concerning Water Saving Performance Standards and determined that the reasons for adopting those rules continue to exist. The rules, adopted pursuant to Chapter 290, Subchapter G, concerning Water Saving Performance Standards, are necessary to establish procedures for listing plumbing fixtures meeting water saving performance standards, to establish labeling requirements for plumbing fixtures, and to establish labeling requirements for clothes-washing and dishwashing machines and lawn sprinklers as required by Health and Safety Code §;372.001 et seq.

The commission concurrently adopts amendments to Chapter 290, Subchapters D-G in the Adopted Rules section of this issue of the Texas Register. These changes were proposed as a result of recent legislation or were proposed as a result of the commission's review of the rules, in which case, those changes primarily address the commission's regulatory reform goals. The specific changes are noted in the adopted rule preamble.

The comment period on the review closed on November 23, 1998. No comments received were directed at the rules review. However, certain comments were received that suggested specific improvements to Chapter 290. The commission has responded to those comments in the preamble to the Chapter 290 rules published in the Adopted Rules section of this issue of the Texas Register .

TRD-9900346

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: January 19, 1999

The Texas Natural Resource Conservation Commission (commission) adopts the review of 30 TAC Chapter 291, concerning Utility Regulation. This review was conducted in accordance with the General Appropriations Act, Article IX, §167, 75th Legislature, 1997.

The commission readopts the rules contained in 30 TAC Chapter 291, concerning Utility Regulation as required by the General Appropriations Act, Article IX, §167. Section 167 requires state agencies to review, and consider for readoption, rules adopted under the Administrative Procedure Act. The review must include, at a minimum, an assessment that the reason for the rules continues to exist.

The commission has reviewed the rules in Chapter 291, concerning Utility Regulation, and finds that the reasons for adopting those rules continue to exist. Adopted pursuant to Texas Water Code, Chapter 13, these rules are necessary to protect the public health and welfare by establishing a comprehensive regulatory system for water and sewer utilities to assure rates, operations, and services that are just and reasonable to the consumers and to the utilities.

The commission concurrently adopts amendments to Chapter 291, in the Adopted Rules section of this issue of the Texas Register . These changes were proposed as a result of recent legislation or were proposed as a result of the commission's review of the rules, in which case those changes primarily address the commission's regulatory reform goals. The specific changes are noted in the adopted rule preamble.

The comment period on the review closed on November 23, 1998. No comments received were directed at the rules review. However, certain comments suggested specific improvements to Chapter 291. The commission has responded to those comments in the preamble to the Chapter 291 rules published in the Adopted Rules section of this issue of the Texas Register .

TRD-9900347

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: January 19, 1999

Title 22, Part XIV

The Texas Optometry Board adopts the review of Title 22, Chapters 271, Examinations; 272, Administration; 273, General Rules; and 275, Continuing Education; pursuant to House Bill 1, Article IX, §167, 75th Legislature, 1997, and the review plan previously filed by the agency. The proposed rule review appeared in the November 27, 1998, issue of the Texas Register (23 TexReg 11972).

Sections 271.1, 271.2, 271.3, 271.4, 271.6; 272.1, 273.1, 273.2, 273.3, 273.4, 273.5, 273.6, 273.7, 273.8, 273.9, 273.10, 273.11, 275.1, and 275.2

The Texas Optometry Board finds that the reason for adopting the rules continues to exist. As part of this review process, no changes are proposed to the rules.

There were no comments on the review as proposed.

TRD-9900354

Lois Ewald

Executive Director

Texas Optometry Board

Filed: January 20, 1999