Title 1, Part 2

In accordance with the General Appropriations Act, Article IX, §167, 75th Legislature, 1997 (codified as §2001.039, Government Code), the Texas Ethics Commission proposes to review Title 1, Texas Administrative Code, Part 2, Chapter 28 (Reports by a Candidate for Speaker of the House of Representatives). The reason for adopting the rules continues to exist.

Comments on the proposed review from any member of the public are solicited. A written comment should be mailed or delivered to Karen Lundquist, Texas Ethics Commission, P.O. Box 12070, Austin, TX 78711-2070, or by facsimile (FAX) to (512)463-5777. A person who wants to offer spoken comments to the commission concerning the proposed review may do so at any commission meeting during the agenda item "Communication to the Commission from the Public." Information concerning the date, time, and location of commission meetings is available by telephoning (512) 463-5800 or, toll free in Texas, (800) 325-8506.

TRD-200001854

Tom Harrison

Executive Director

Texas Ethics Commission

Filed: March 10, 2000

Title 1, Part 10

The Department of Information Resources (DIR) files this notice of intention to review and consider for readoption, revision, or repeal, Title 1, Texas Administrative Code, Chapter 201, §201.11(Procedures for Adoption of Information Resources Standards and Policies). This review and consideration is being conducted in accordance with the General Appropriations Act, House Bill 1, 76th Legislature, Article IX, §9-10.13, "Review of Agency Rules." The review will include, at a minimum, an assessment by DIR as to whether the reasons for adopting or readopting these rules continue to exist.

Any questions or written comments pertaining to this rule review may be submitted to C. J. Brandt, Jr., General Counsel, P.O. Box 13564, Austin, Texas 78711, via facsimile at (512) 475-4759, or via e-mail at cj.brandt@dir.state.tx.us. The deadline for comments is thirty (30) days 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 rule changes 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, Chapter 2001.

Rule being reviewed: 1 TAC §201.11, Procedures for Adoption of Information Resources Standards and Policies.

TRD-200001949

C.J. Brandt, Jr.

General Counsel

Department of Information Resources

Filed: March 15, 2000

Title 30, Part 1

The Texas Natural Resource Conservation Commission (TNRCC or commission) proposes the review of Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste. This review is in accordance with the requirements of Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999, which requires state agencies to review and consider for readoption each of their rules every four years. A review must include an assessment of whether the reasons for the rules continue to exist.

Chapter 335 is a recodification of rules which were initiated in 1970 with the adoption of regulations concerning industrial solid waste by the Texas Water Quality Board pursuant to the Texas Solid Waste Disposal Act, 61st Legislature, 1969. These initial rules established design criteria and permit requirements for commercial disposal operations, established the basic policy that waste generators are responsible for assuring that their waste is properly and safely disposed of, and established requirements for a certificate of registration whereby each noncommercial industrial solid waste facility's compliance status would be established and regularly reviewed.

Subsequent regulatory development came in 1975, when the Texas Water Quality Board revised its industrial solid waste regulations to establish uniform performance standards for all disposal operations. The 1975 amendments prohibited discharge of industrial solid waste to groundwater or surface water, prohibited the creation of any nuisance or public health problems, and prohibited disposal at unauthorized locations. Also, these amendments called for the development of technical guidelines outlining recommended technical standards for various methods of industrial solid waste storage and disposal and established shipping control requirements for a certain category of industrial solid waste.

The 65th Legislature, 1977, amended the Texas Solid Waste Disposal Act to require permits for all waste storage, processing, and disposal facilities which would manage waste identified as hazardous waste by the Administrator of the United States Environmental Protection Agency (EPA). Then, after the identification of hazardous waste by EPA in 1980, the Texas Department of Water Resources (TDWR) adopted rules implementing this statutory permit requirement. These rules also set forth hazardous industrial solid waste management requirements patterned after the hazardous waste regulations promulgated by the EPA. Subsequently, the TDWR made application and was granted authorization by the EPA under the Resource Conservation and Recovery Act (RCRA) to implement hazardous waste program elements in lieu of the EPA. Successor agencies to the TDWR, the Texas Water Commission and the TNRCC, have amended Chapter 335 over the intervening years to maintain this authorization under RCRA.

The commission has conducted a preliminary review of the rules under Chapter 335 and has determined that the reasons for adopting these rules continues to exist, with the exception of §335.226, relating to Standards for Burning Hazardous Waste in Commercial Combustion Facilities; §335.227, relating to Testing Requirements for Commercial Hazardous Waste Combustion Facilities; §335.228, relating to Monitoring and Recordkeeping Requirements for Commercial Hazardous Waste Combustion Facilities; §335.229, relating to Operating Requirements for Commercial Hazardous Waste Combustion Facilities; §335.361, relating to Definitions; §335.362, relating to Applicability; §335.363, relating to Permit Conditions; §335.364, relating to Representations in Application for Permit; §335.365, relating to Responsibility for Review of Air Quality Impacts from Existing, New, and Modified Facilities; §335.366, relating to General Air Emissions Requirements for Hazardous or Solid Waste Management Facilities; §335.367, relating to Specific Air Emissions Requirements for Hazardous or Solid Waste Management Facilities; and §335.404, relating to Interagency Coordination. With the aforementioned exceptions, these rules are needed to accomplish the purposes of Texas Health and Safety Code (THSC), Chapter 361, in accordance with THSC, §361.017(b), which states "The commission shall accomplish the purposes of this chapter by controlling all aspects of the management of industrial solid waste and hazardous municipal waste by all practical and economically feasible methods consistent with its powers and duties under this chapter and other law;" and in accordance with THSC, §361.024(a), which states "The commission may adopt rules consistent with this chapter and establish minimum standards of operation for the management and control of solid waste under this chapter." The commission proposes the readoption of Chapter 335 and the repeal the aforementioned sections during this review as contained in the Proposed Rules section of this issue of the Texas Register.

The commission is accepting comments on whether the reasons for the rules in Chapter 335 continue to exist. Comments may be submitted to Angela Slupe, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference Rule Log Number 1999-076-335-WS. Comments must be received by 5:00 p.m., April 24, 2000. For further information or questions concerning this proposal, please contact Ray Henry Austin, Policy and Regulations Division, at (512) 239-6814.

TRD-200001905

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: March 13, 2000

Title 16, Part 1

The Railroad Commission of Texas (Commission) files this notice of intention to review §3.5, relating to Application to Drill, Deepen, Reenter, or Plug Back; §3.8, relating to Water Protection; §3.14, relating to Plugging; §3.32, relating to Gas Well Gas and Casinghead Gas Shall be Utilized for Legal Purposes; §3.37, relating to Statewide Spacing Rule; §3.38, relating to Well Densities; §3.57, relating to Reclaiming Tank Bottoms, Other Hydrocarbon Wastes, and Other Waste Materials; §3.68, relating to Pipeline Connection; Cancellation of Certificate of Compliance; Severance; §3.86, relating to Horizontal Drainhole Wells; and §3.96, relating to Underground Storage of Gas in Productive or Depleted Reservoirs. This review and consideration is being conducted in accordance with Tex. Gov't Code §2001.039.

The Commission is concurrently proposing amendments to these rules. As required by Tex. Gov't Code §2001.039, the Commission will accept comments regarding whether the reason for readopting the rules with the proposed amendments continues to exist.

Any questions pertaining to this notice of intention to review or the proposed amendments should be directed to Mark Helmueller, Hearings Examiner, Office of General Counsel, Railroad Commission of Texas, P. O. Box 12967, Austin, Texas 78711-2967 or via electronic mail at mark.helmueller@rrc.state.tx.us. Comments are due no later than 5 p.m. on the 30th day after publication in the Texas Register .

Issued in Austin, Texas, on March 10, 2000.

TRD-200001848

Mary Ross McDonald

Deputy General Counsel, Office of General Counsel

Railroad Commission of Texas

Filed: March 10, 2000

Title 31, Part 10

The Texas Water Development Board (Board) files this notice of intent to review 31 TAC, Part X, Chapter 370, Colonia Plumbing Loan Program, in accordance with the Texas Government Code, §2001.039. The Board finds that the reason for adopting the chapter continues to exist. The Board concurrently proposes amendments to 31 TAC §§370.2, 370.27, 370.31, and 370.41 and the repeal of 31 TAC §370.43 and §370.61.

As required by §2001.039 of the Texas Government Code, the Board will accept comments and make a final assessment regarding whether the reason for adopting each of the rules in 31 TAC Chapter 370 continues to exist. The comment period will last 30 days beginning with the publication of this notice of intention to review.

Comments or questions regarding this rule review may be submitted to Clark Cornwell, Staff Attorney, Border Project Management Division, Texas Water Development, P.O. Box 13231, Austin, Texas 78711-3231, by e-mail to ccornwel@twdb.state.tx.us or by fax (512) 463-5580.

TRD-200001822

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: March 9, 2000

Title 40, Part 20

The Texas Workforce Commission (Commission) files this notice of intention to review 40 TAC Chapter 800, Subchapter E relating to Sanctions in accordance with the Appropriations Act, Article IX, §167, passed by the 75th Texas Legislature (1997), and in Article IX, §9-10.13, passed by the 76th Texas Legislature (1999), and Texas Government Code, §2001.039, V.T.C.A.. As part of this review process but in a concurrent rulemaking, the Commission proposes amendments to §§800.2 and 800.191. The proposal regarding the amendments may be found in the Proposed Rules section of this Texas Register.

The Commission has determined that the reasons for adopting this rule, with the proposed changes, continue to exist.

The public is invited to make comments on the rules as they stand in the Texas Administrative Code, Title 40, Part 20, Chapter 800, Subchapter E relating to Sanctions, which includes §§800.151, 800.152, 800.161, 800.171-800.177, 800.181, 800.182, and 800.191. The comment period will last 30 days beginning with the publication of this notice of intent to review.

Comments or questions regarding this rule review may be submitted in writing to Barbara Cigainero, Workforce Development Division, Texas Workforce Commission, 101 East 15th Street, Room 130BT, Austin, Texas 78778; Fax Number (512) 463-3424 or e-mail to barbara.cigainero@twc.state.tx.us

TRD-200001884

J. Randel (Jerry) Hill

General Counsel

Texas Workforce Commission

Filed: March 13, 2000

The Texas State Board of Pharmacy adopts the review of Chapter 295 (§§295.1 - 295.10), concerning pharmacists, in accordance with the Appropriations Act, 76th Legislature, §9-10.13, which requires agencies to review rules every four years. The proposed rule review was published in the October 1,1999, issue of the Texas Register . In conjunction with this review, the agency adopted amendments to §§295.1, 295.5, 295.7, 295.8, and 295.9, published in the December 31, 1999, issue of the Texas Register .

The agency finds that the reason for adopting the rule continues to exist. No comments were received regarding the adoption of this rule.

TRD-200001810

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Filed: March 9, 2000