Proposed Rule Review
Texas Natural Resource Conservation Commission
Title 30, Part 1
The Texas Natural Resource Conservation Commission (commission) files this
notice of intention to review and propose the readoption of Chapter 321, Control
of Certain Activities By Rule. This review of Chapter 321 is proposed 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. A review must include an assessment of whether the
reasons for the rules continue to exist.
CHAPTER SUMMARY
Chapter 321 provides Texas authorization for numerous discharges that are
more efficiently authorized by rule than by individual permits and is organized
into the following 15 subchapters:
Subchapter A, Boat Sewage Disposal, contains provisions addressing the
following: definitions; the requirements, specifications, and certifications
for marine sanitation devices; disposal of boat sewage; specifications, certifications,
fees, and disposal of sewage from pump-out facilities; exclusions; renewal
of certifications; disposition of fees; cancellation of certification, replacement,
or transfer; and criminal penalties.
Subchapter B, Concentrated Animal Feeding Operations, contains provisions
addressing the following: waste and wastewater discharge and air emissions
limitations; definitions; applicability; procedures for making application
for an individual permit; procedures for making application for registration;
notice of application for registration; proper concentrated animal feeding
operation (CAFO) operation and maintenance; pollution prevention plans; best
management practices; monitoring and reporting requirements; notification;
dairy outreach program areas; effect of conflict or invalidity of rule; air
standard permit authorization; and initial Texas Pollutant Discharge Elimination
System (TPDES) authorization.
Subchapter C, Meat Processing, contains provisions addressing the following:
definitions; applicability; certification of registration; domestic waste
disposal.
Subchapter D, Sand and Gravel Washing, contains provisions addressing the
following: application of subchapter; treatment and retention facilities;
diversion of runoff; available capacity; and prohibition of unauthorized discharge.
Subchapter E, Surface Coal Mining, Preparation, and Reclamation Activities,
contains provisions addressing the following: definitions; discharges authorized
by rule; permit required; term, modification; hearing; enforcement; effluent
and additional effluent limitations; associated facilities; and monitoring
and reporting of data.
Subchapter F, Shrimp Industry, contains provisions addressing the following:
definitions; applicability; certificate of registration; domestic waste disposal;
requirements; rights of review; and appeal of decisions by the executive director.
Subchapter G, Hydrostatic Test Discharges, contains provisions addressing
the following: definitions; applicability; new and used facilities; registration;
general and specific requirements for discharges; sampling, reporting, recordkeeping,
and restrictions; and enforcement.
Subchapter H, Discharge to Surface Waters from Treatment of Petroleum Substance
Contaminated Waters, contains provisions addressing the following: definitions;
applicability; discharges of water contaminated by gasoline, jet fuel or kerosene,
and other petroleum substances; telephone utilities; restrictions; enforcement;
and reservations.
Subchapter I, Additional Characteristics and Conditions of General Permits
And For Controlling Certain Activities By Rule, contains provisions addressing
the following: additional characteristics and conditions for general permits
and control of certain activities by rule.
Subchapter J, Discharges To Surface Waters From Ready-Mixed Concrete Plants
And/Or Concrete Products Plants Or Associated Facilities, contains provisions
addressing the following: definitions; purpose and applicability; certificate
of registration and public notice; general and specific requirements for discharge;
sampling, reporting, recordkeeping, and restrictions; enforcement and revocation;
and annual waste treatment fees.
Subchapter K, Concentrated Animal Feeding Operations, contains provisions
addressing the following: waste and wastewater discharge and air emission
limitations; definitions; applicability; application requirements and review;
notice of application; public comments; permit issuance; amendments; renewal;
proper CAFO operation and maintenance; pollution prevention plans; best management
practices; other requirements; monitoring and reporting requirements; registration;
dairy outreach program areas; and effect of conflict or invalidity of rule.
Subchapter L, Discharges To Surface Waters From Motor Vehicles Cleaning
Facilities, contains provisions addressing the following: definitions; purpose
and applicability; certificate of registration and public notice; active agency
permits; general and specific requirements for discharge; sampling, reporting,
and recordkeeping; restrictions; enforcement and revocation; and annual waste
treatment fees.
Subchapter M, Discharges to Surface Waters From Petroleum Bulk Stations
And Terminals, contains provisions addressing the following: definitions;
purpose and applicability; active permits; certificate of registration and
public notice; general and specific requirements for discharge; sampling,
reporting and recordkeeping; restrictions; enforcement and revocation; and
annual waste treatment fees.
Subchapter N, Handling of Wastes From Commercial Facilities Engaged In
Livestock Trailer Cleaning, contains provisions addressing the following:
statement of no discharge policy; definitions; purpose and applicability;
certificate of registration and public notice; requirements for containment
of waste and ponds; general requirements; restrictions; enforcement and revocation;
and annual waste treatment fees.
Subchapter O, Discharges From Aquaculture Production Facilities, contains
provisions addressing the following: definitions; purpose and applicability;
certificate of registration and public notice; groundwater protection; waste
utilization or disposal by land application of wastewater and pond bottom
sludges; Edwards Aquifer Recharge Zone; required best management practices
and specific requirements for discharge; general requirements; enforcement
and revocation, suspension, or annulment; and annual waste treatment fees.
PRELIMINARY ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO
EXIST
The commission conducted a preliminary review and determined that the reasons
for the rules in Chapter 321 continue to exist. The rules are needed to implement
the commission's objectives to streamline the permitting process consistent
with Texas Water Code, Chapters 5 and 26 and Texas Health and Safety Code,
Chapters 341, 361, and 382. Chapter 321 provides Texas authorization for numerous
discharges that are more efficiently authorized by rule than by individual
permits. In the future, some of these permits by rule may be converted into
general permits.
PUBLIC COMMENTS
This proposal is limited to the review in accordance with the requirements
of Texas Government Code, §2001.039, and the General Appropriations Act,
Article IX, §9 - 10.13, 76th Legislature, 1999. The commission invites
public comment on whether the reasons for the rules in Chapter 321 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
2000-037-321-WT. Comments must be received by 5:00 p.m., August 20, 2001.
For further information or questions concerning this proposal, please contact
Michael Bame, Policy and Regulations Division, (512) 239-5658.
TRD-200103815
Ramon Dasch
Acting Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: July 3, 2001
Texas Department of Agriculture
Title 4, Part 1
The Texas Department of Agriculture (the department) adopts the review
Title 4, Texas Administrative Code, Part 1, Chapter 4, concerning Cooperative
Marketing Associations, and Chapter 6, concerning Seed Arbitration, pursuant
to the Texas Government Code, §2001.039 and the General Appropriations
Act, Article IX, §9-10.13, 76th Legislature, 1999 (Section 9-10.13).
Section 9- 10.13 and §2001.039 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 original justification for the rules continues
to exist.
The notice of intent to review Chapters 4 and 6 was published in the May
18, 2001, issue of the
Texas Register
(26
TexReg 3643). No comments were received on the notice. As part of the review
process, the department adopts the repeal of Title 4, Part 1, §4.5 and §6.5.
These may be found in the adopted rule section of this publication of the
TRD-200103732
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: June 29, 2001
Title 28, Part 2
In accordance with the General Appropriation Act, Article IX, §167,
75th Legislature, the General Appropriations Act, Section 9-10, 76th Legislature,
and Texas Government Code §2001.039, as added by Senate Bill 178, 76th
Legislature, and pursuant to the notice of intention to review published in
the May 4, 2001, issue of the
Texas Register
(26 TexReg 3401) the Texas Workers' Compensation Commission (the commission)
has reviewed and considered for readoption the following rules in Title 28,
Part 2 of the Texas Administrative Code.
CHAPTER 102. PRACTICE AND PROCEDURES--GENERAL PROVISIONS.
§102.2. Gifts, Grants, and Donations.
§102.3. Computation of Time.
§102.4. General Rules for Non-Commission Communications.
§102.5. General Rules for Written Communications to and from the Commission.
§102.7. Abbreviations.
§102.8. Information Requested on Written communications to the Commission.
§102.9. Submission of Information Requested by the Commission.
§102.10. Interest, General.
The commission has assessed whether the reason for adopting or readopting
these rules continues to exist. No comments were received regarding the review
of this rule.
As a result of the review, the commission has determined that the reason
for adoption of these rules continues to exist. Therefore, the commission
readopts this rule. If the commission determines that this rule should be
revised, the revision will be accomplished in accordance with the Administrative
Procedure Act.
TRD-200103670
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Filed: June 27, 2001
Adopted Rule Reviews
Texas Workers' Compensation Commission