The Texas Department of Licensing and Regulation (Department) readopts 16 TAC Chapter 78, Talent Agencies: §§78.1, 78.10, 78.20, 78.21, 78.22, 78.30, 78.40, 78.70, 78.71, 78.72, 78.73, 78.74, 78.75, 78.80, 78.82, 78.90, 78.91, and 78.100 in accordance with the General Appropriations Act, Article IX, §167, 75th Legislature, 1997. The proposed rule review was published in the November 10, 2000, issue of the Texas Register (25 TexReg 11298).

The comment period on the proposal and review closed December 10, 2000. No comments were received regarding re-adoption of this chapter.

Rider 167 requires state agencies to review and consider for re-adoption rules adopted under the Administrative Procedures Act. The review must include, at a minimum, an assessment that the reason for the rules continues to exist. The Department reviewed the rules in Chapter 78. As a result of the review process, the Department proposed amendments to §§78.1, 78.10, 78.20, 78.30, 78.40, 78.70, 78.75, 78.90, 78.91, and 78.100. The proposed amendments reflect the changes made during the 76th Legislature, which codified Article 5221a-9 into the Texas Occupations Code, Chapter 2105 and enacted HB3155, which made non-substantive changes to Article 9100 and codified the Article into the Occupations Code, Chapter 51. The proposed rules reflect the current information. These proposed amendments will be published in the Proposed Rules section of the Texas Register and 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.

The Department has determined that the rules are still essential in effectuating the provisions of Texas Occupations Code, Chapter 2105 which gives the Department the authority to promulgate and enforce a code of rules and take all action required to assure compliance with the intent and purpose of the Code.

TRD-200100200

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: January 10, 2001

Title 30, Part 1

The Texas Natural Resource Conservation Commission (commission) adopts the rules review and readopts Chapter 7, Memoranda of Understanding, in accordance with Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9 - 10.13, 76th Legislature, 1999, which require state agencies to review and consider for readoption each of their rules every four years. The review must include an assessment of whether the reasons for the rules continue to exist. The proposed notice of intention to review was published in the October 27, 2000, issue of the Texas Register (25 TexReg 10772).

CHAPTER SUMMARY

Chapter 7 provides a chapter in the 30 TAC for listing memoranda of understanding with other agencies of the State of Texas. The rules are administrative in nature and allow memoranda of understanding which are adopted by rule, to be located in one chapter. These rules are needed to implement provisions of state law, including Texas Water Code, §5.104, Memoranda of Understanding.

ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The commission determined that the reasons for the rules in Chapter 7 continue to exist. These rules are needed to implement provisions of state law or Texas Water Code, §5.104, regarding Memoranda of Understanding. The substantive review of each memorandum of understanding contained within Chapter 7 is ongoing and the object of future rulemaking unrelated to this rule review.

PUBLIC COMMENT

The public comment period closed on November 27, 2000. No comments related to the rules review and readoption proposal were received.

TRD-200100217

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: January 12, 2001

The Texas Natural Resource Conservation Commission (commission) adopts the rules review and readopts Chapter 122, Federal Operating Permits, 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 require state agencies to review and consider for readoption each of their rules every four years. The review must include an assessment of whether the reasons for the rules continue to exist. The proposed notice of intention to review was published in the November 3, 2000, issue of the Texas Register (25 TexReg 11109).

CHAPTER SUMMARY

The commission adopted Chapter 122, Federal Operating Permits, to implement the federal operating permits program required by Part 70 of Chapter I, Title 40, Code of Federal Regulations (40 CFR). The United States Environmental Protection Agency (EPA) promulgated 40 CFR Part 70 to implement Title V of the 1990 Amendments to the Federal Clean Air Act (FCAA), enacted on November 15, 1990, which directed the EPA to establish the minimum requirements for a state operating permit program. Chapter 122 was originally adopted in 1993, and amended in 1997, 1999, and 2000 to address: deficiencies identified in the EPA's proposed and final interim approval notices, changes to state statutes, amendments to federal rules, the addition of new federal rules, comments received during each of these rule amendments, correction of outdated statutory references, clarifications to portions of the rule, and agency regulatory reform initiatives. The EPA granted the commission interim federal operating permit approval (interim approval) on June 25, 1996, and as specified in the May 22, 2000, Federal Register , the EPA authorized interim approved programs to continue operating under that approval through December 2001.

Chapter 122 is organized into eight subchapters: Subchapter A (Definitions); Subchapter B (Permit Requirements); Subchapter C (Initial Permit Issuances, Revisions, Reopenings, and Renewals); Subchapter D (Public Announcement, Public Notice, Affected State Review, Notice and Comment Hearing, Notice of Proposed Final Action, EPA Review, and Public Petition); Subchapter E (Acid Rain Permits); Subchapter F (General Operating Permits); Subchapter G (Periodic Monitoring); and Subchapter H (Compliance Assurance Monitoring).

More specifically, Subchapter B contains provisions for general requirements, applicability, permit applications, permit content, and miscellaneous provisions. Initial permit issuances, permit revisions, permit reopenings, and permit renewals provisions are contained in Subchapter C. Subchapter D specifies provisions for public announcement, public notice, affected state review, notice and comment hearing, notice of proposed final action, EPA review, and public petition. Subchapter E incorporates by reference 40 CFR Part 72 (Permits Regulation), 40 CFR Part 74 (Sulfur Dioxide Opt-ins), and 40 CFR Part 76, (Acid Rain Nitrogen Oxides Emission Reduction Program) to implement an acid rain program that meets the requirements of FCAA, Title IV, except as otherwise specified. This subchapter also identifies application due dates and has provisions for acid rain permit revisions. Subchapter F includes procedural requirements for: general operating permits, executive director issuance of general operating permits, authorization to operate, application revision provisions, renewal of authorization to operate, and notice and hearing provisions. In addition, Subchapter F contains provisions for six specific general operating permits. Subchapter G provides a streamlined regulatory mechanism for the implementation of periodic monitoring; Subchapter H provides the executive director with the regulatory structure necessary to implement compliance assurance monitoring.

ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The commission determined that the reasons for the rules in Chapter 122 continue to exist. The rules in Chapter 122 are needed to implement provisions of state and federal statutes, including the Texas Health and Safety Code, Chapter 382, (Texas Clean Air Act); Texas Water Code, Chapters 5 and 7; and the FCAA, Titles IV (Acid Deposition Control) and V (Permits). In addition, Chapter 122 is needed to meet the requirements of the EPA's interim approval.

Chapter 122 also implements various relevant portions of federal regulations including: 40 CFR Part 64 (Compliance Assurance Monitoring), 40 CFR Part 70 (State Operating Permit Programs), 40 CFR Part 72 (Permits Regulation), 40 CFR Part 74 (Sulfur Dioxide Opt-ins), and 40 CFR Part 76, (Acid Rain Nitrogen Oxides Emission Reduction Program). In addition, Chapter 122 provides a compliance and enforcement mechanism for federal rules including, but not limited to: 40 CFR Part 51 (Requirements for Preparation, Adoption, and Submittal of Implementation Plans); 40 CFR Part 52 (Approval and Promulgation of Implementation Plans); 40 CFR Part 59 (National Volatile Organic Compound Emission Standards for Consumer and Commercial Products); 40 CFR Part 60 (Standards of Performance for New Stationary Sources); 40 CFR Part 61 (National Emission Standards for Hazardous Air Pollutants); and 40 CFR Part 63 (National Emission Standards for Hazardous Air Pollutants for Source Categories).

Specifically, each subchapter under Chapter 122 implements the TCAA, including §§382.015 - 382.017, which provide for power to enter property; monitoring requirements, examination of records; and the authority to adopt rules consistent with the policy and purposes of the TCAA; §382.021 and §382.022, which provide for sampling methods and procedures; and investigations; §382.0205, which provides the commission authority to protect against adverse effects related to acid deposition; §382.032, which provides for appeal of commission actions; §382.040 and §382.041, which provide for public records and submission of confidential information; §382.051, which provides the commission the authority to issue federal operating permits and adopt rules as necessary to comply with changes in federal law or regulations applicable to permits; §§382.0513 - 382.0515 and 382.0517, which provide authority for the commission to establish and enforce permit conditions; to require sampling, monitoring, and certification; to require permit applications; and to determine administrative completeness of applications; §§382.054 - 382.0543, which provide for federal operating permits; administration and enforcement of federal operating permits; issuance of federal operating permits and appeal of delays; and review and renewals of federal operating permits; §382.056, which provides for notice of intent to obtain a permit or permit review, and provides for permit hearings for federal operating permits; §§382.0561 - 382.0564, which provide for federal operating permit public hearings; notices of decision for federal operating permits; public petition of federal operating permits to the administrator; and notification to other governmental entities for federal operating permits; §382.061, which provides for delegation of powers and duties under §§382.051 - 382.0563 and 382.059, appeals of executive director decisions and petitions under §382.0563 and appeals under §382.032; and under the Texas Water Code (TWC), including §5.103, which provides the commission with the authority to adopt rules consistent with the policy and purposes of the TWC and other laws of this state; §5.105, which provides the commission with the authority to establish and approve commission policy; §5.122 which provides delegation of uncontested matters to the executive director; §5.351, which provides for judicial review of commission acts; §5.355, which provides for appeal of district court judgment; and §§7.001 - 7.358, which provide for enforcement.

All subchapters under Chapter 122 implement FCAA, §502 (Permit Programs). Subchapters B and C implement relevant requirements of FCAA, §503 (Permit Applications), and FCAA, §504 (Permit Requirements and Conditions). Subchapter D implements relevant requirements under FCAA, §503 (Permit Applications) and §505 (Notification to Administrator and Contiguous States). Subchapter E implements acid rain related portions of FCAA, §503 (Permit Applications); FCAA, §504 (Permit Requirements and Conditions); FCAA, §505 (Notification to Administrator and Contiguous States); and FCAA, §506(b) (Permits Implementing Acid Rain Provisions). Subchapter E also implements FCAA, §408 (Permits and Compliance Plans). Subchapter F provides regulatory requirements to implement FCAA, §504(d) (General Permits). Subchapter G implements 40 CFR §70.6(a)(3)(i)(B) relating to periodic monitoring. Subchapters G and H implement the requirements under FCAA, §504(b) (Monitoring and Analysis). Subchapter H implements the requirements of FCAA, §114(a)(3), concerning enhanced monitoring and compliance certifications and 40 CFR Part 64 (Compliance Assurance Monitoring).

The commission's review identified that revisions to Chapter 122 are necessary in order to receive full program approval from the EPA. The commission is proposing revisions to Chapter 122 to address this issue in a separate rulemaking published in the Proposed Rules section of this issue of the Texas Register . The basis for these revisions were specified in the June 25, 1996, Federal Register (61 FR 32693), and May 22, 2000 Federal Register (65 FR 32035). In the first notice, the EPA issued the commission interim approval and identified deficiencies that must be resolved prior to obtaining full program approval. In the second notice, the EPA announced that programs with interim approval, will expire on December 1, 2001, and that full program approval submittal packages must be received by the EPA on or before June 1, 2001. Failure to obtain full program approval could result in the EPA implementing the program in Texas as allowed under the FCAA, §502(d) (Submission and Approval) and/or sanctions which the EPA is allowed to administer under FCAA, §502(i) (Administration and Enforcement).

PUBLIC COMMENT

The public comment period closed on December 4, 2000, and no comments were received.

TRD-200100219

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: January 12, 2001

The Texas Natural Resource Conservation Commission (commission) adopts the rules review and readopts Chapter 293, Water Districts, 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 require state agencies to review and consider for readoption each of their rules every four years. The review must include an assessment of whether the reasons for the rules continue to exist. The proposed notice of intention to review was published in the October 20, 2000, issue of the Texas Register (25 TexReg 10571).

CHAPTER SUMMARY

Chapter 293 governs the creation, supervision, administration (including financial matters such as issuance of bonds, fees, and cost reimbursement and allocation), conversion, and dissolution of general and special law districts subject to the commission's jurisdiction under the Texas Water Code (TWC). Subchapters A and B specify the required contents for applications for the creation of fresh water supply districts, groundwater conservation districts, water control and improvement districts, municipal utility districts, water improvement districts, irrigation districts, regional districts, special utility districts, stormwater control districts, and municipal management districts. In addition, Subchapters A and B specify the required contents of applications for conversion of certain districts to municipal utility districts. Subchapter C deals with the creation of groundwater conservation districts in priority groundwater management areas. Subchapters D - J and L - O address matters involving supervision, administration, conversion, and dissolution of covered districts. Subchapter K addresses certain fire department projects subject to the commission's jurisdiction under TWC, Chapter 49. Subchapter P concerns the acquisition of road utility district powers by municipal utility districts, and Subchapter Q deals with special actions relating to the Harris-Galveston Coastal Subsidence District.

ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The commission determined that the reasons for the rules in Chapter 293 continue to exist. Chapter 293 is based on several statutory provisions: TWC, §49.011(b), which directs the commission to adopt rules establishing a procedure for public notice and hearing on applications for creation of a district; TWC, §5.235, which specifies applicable fees; Local Government Code (LGC), §395.080, which directs the commission to adopt rules on processing of applications for approval of impact fees; and TWC, §5.103, which provides the commission with authority to adopt any rules necessary to carry out its powers and duties under the provisions of TWC or other laws of this state. In addition, Chapter 293 implements commission responsibilities and duties arising from the provisions of Article III, §52 and Article XVI, §59 of the Texas Constitution; TWC, Chapters 36, 49, 50, 51, 54, 58, 59, 65, 66, and 151, as amended by House Bill (HB) 846 and HB 1069, 76th Legislature, 1999; and LGC, Chapters 42, 375, and 395.

PUBLIC COMMENT

The public comment period closed November 20, 2000. No comments on whether the reasons for the rules continue to exist were received.

TRD-200100220

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: January 12, 2001

The Texas Natural Resource Conservation Commission (commission) adopts the rules review and readopts Chapter 329, Drilled or Mined Shafts, 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 require state agencies to review and consider for readoption each of their rules every four years. The review must include an assessment of whether the reasons for the rules continue to exist. The proposed notice of intention to review was published in the October 20, 2000 issue of the Texas Register (25 TexReg 10572).

CHAPTER SUMMARY

Chapter 329 implements Subchapter A (General Provisions) and Subchapter C (Drilled or Mined Shafts) of Chapter 28 of the Texas Water Code (TWC). These subchapters require that a person obtain a commission permit prior to drilling or excavating a shaft into or through the uppermost water- bearing strata on a site. Section 28.030 of the TWC directs the commission to adopt rules to regulate drilled or mined shafts and prohibits issuance of a shaft permit until the commission has adopted rules for the issuance of such a permit.

ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The commission determined that the reasons for the rules in Chapter 329 continue to exist. Specifically, the rules are needed in accordance with TWC, §28.030, to enable the commission to issue shaft permits where appropriate and to inform affected persons of permissible pre-application activities, permit application procedures, and operating and monitoring standards and requirements.

PUBLIC COMMENT

The public comment period closed on November 20, 2000. No comments on the assessment of whether the reasons for the rules continue to exist were received.

TRD-200100221

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: January 12, 2001

Title 16, Part 1

The Railroad Commission of Texas adopts without changes its review of 16 TAC Chapter 9 relating to the LP-Gas Safety Rules in accordance with Tex. Gov't Code, §2001.039 as added by Acts 1999, 76th Leg., ch. 1499, §1.11(a) . The Commission is simultaneously adopting the repeal of all rules in Chapter 9 and the adoption of a new Chapter 9 that, among other things, adopts by reference National Fire Protection Association standard NFPA 58, LP-Gas Code ; the 1999 edition of NFPA 54, National Fuel Gas Code ; and new training and continuing education requirements for individuals in the LP-gas industry.

The Commission received no comments regarding the proposed rule review and adopts the repeal of current rules in Chapter 9 because the reason for these rules no longer exists.

TRD-200100211

Mary Ross McDonald

Deputy General Counsel, Office of General Counsel

Railroad Commission of Texas

Filed: January 11, 2001

Title 40, Part 20

The Texas Workforce Commission (Commission) adopts the review of Subchapters H and I of Chapter 800 relating to Monitoring in accordance with Texas Government Code §2001.039.

An assessment was made by the Commission as to whether the reasons for adopting or readopting the rules continue to exist. The rules were reviewed to determine whether they were obsolete, whether the rules reflected current legal and policy considerations, and whether the rules reflected current procedures of the Commission. The purposes of the rules are to consolidate and set forth into a general location in Chapter 800, the rules pertaining to monitoring of subrecipients, including local workforce development Boards (Boards), and contract service providers, including Board contractors.

Concurrent with this adopted review is the adoption of amendments to Chapter 800 Subchapters H. and I., which is published in this issue of the Texas Register , and is incorporated here by reference.

No comments were received on the proposed review.

For information about the Commission please visit our web page at www.texasworkforce.org.

TRD-200100278

J. Randel (Jerry) Hill

General Counsel

Texas Workforce Commission

Filed: January 17, 2001