The Texas Animal Health Commission (TAHC), will review and consider for readoption, revision, or repeal of Chapter 60, concerning Scrapie in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature. The rules to be reviewed are located in Title 4, Part 2, of the Texas Administrative Code and contains the following sections: 60.1, Definitions; 60.2, General Requirements; and 60.3, Indemnity Payments to Owners of High Risk Animals.

The commission will consider, among other things, whether the reasons for adoption of these rules continue to exist and whether amendments are needed. Any changes to the rules proposed by the commission after reviewing the rules and considering the comments received in response to this notice will appear in the "Proposed Rule Review" section of the Texas Register and will be adopted in accordance with the requirements of the Administrative Procedure Act, Texas Government Code Annotated, Chapter 2001. The comment period will last for 30 days beginning with the publication of this notice of intention to review. Comments or questions regarding this notice of intention to review may be submitted in writing, within 30 days following the publication of this notice in the Texas Register , to Edith Smith, P.O. Box 12966, Austin, Texas 78711-2966. They may also be sent by facsimile to (512) 719-0721 or by e-mail to comments@tahc.state.tx.us. Comments will be reviewed and discussed in a future commission meeting.

TRD-200101144

Gene Snelson

General Counsel

Texas Animal Health Commission

Filed: February 26, 2001

Title 30, Part 1

The Texas Natural Resource Conservation Commission (commission) files this notice of intention to review and proposes the readoption of Chapter 115, Control of Air Pollution from Volatile Organic Compounds. This review of Chapter 115 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. The review must include an assessment of whether the reasons for the rules continue to exist.

CHAPTER SUMMARY

Chapter 115 requires control of air pollution from volatile organic compounds (VOC) and was initially adopted on January 26, 1972. Since its initial adoption, Chapter 115 has gone through numerous revisions. A completely reformatted Chapter 115, which arranged the rules into program-specific subchapters and renumbered the sections to create a more logical organization, was adopted on December 8, 1989. Currently, Chapter 115 is organized into eight subchapters: Subchapter A (Definitions); Subchapter B (General Volatile Organic Compound Sources); Subchapter C (Volatile Organic Compound Transfer Operations); Subchapter D (Petroleum Refining, Natural Gas Processing, and Petrochemical Processes); Subchapter E (Solvent-Using Processes); Subchapter F (Miscellaneous Industrial Sources); Subchapter G (Consumer Related Sources); and Subchapter J (Administrative Provisions).

More specifically, Subchapter A, Definitions, contains the definitions which are used in multiple divisions throughout the entire chapter. Subchapter B, General Volatile Organic Compound Sources, contains the requirements for storage tanks, vent gas control, VOC/water separation, industrial wastewater, municipal solid waste landfills, and batch processes. Subchapter C, Volatile Organic Compound Transfer Operations, contains the requirements for loading and unloading of VOC, Stage I and Stage II vapor recovery at motor vehicle fuel dispensing facilities, testing for VOC leaks from transport vessels, and volatility limits for gasoline. Subchapter D, Petroleum Refining, Natural Gas Processing, and Petrochemical Processes, contains the requirements for process unit turnaround and vacuum-producing systems at petroleum refineries, and fugitive emission control at petroleum refineries, natural gas/gasoline processing operations, and synthetic organic chemical, polymer, resin, and methyl tertiary-butyl ether manufacturing processes. Subchapter E, Solvent-Using Processes, contains the requirements for degreasing, surface coating, and offset, flexographic, and rotogravure printing. Subchapter F, Miscellaneous Industrial Sources, contains the requirements for cutback asphalt, pharmaceutical manufacturing, petroleum dry cleaners, and degassing or cleaning of storage tanks, transport vessels, and marine vessels. Subchapter G, Consumer-Related Sources, contains the requirements for consumer products. Subchapter J, Administrative Provisions, contains the requirements for alternate means of control, early reductions, and compliance and control plans.

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 115 continue to exist. The VOC rules contained in Chapter 115 were specifically developed to meet the national ambient air quality standards (NAAQS) for ozone set by the United States Environmental Protection Agency (EPA) under the Federal Clean Air Act (FCAA), 42 United States Code, §7409; the reasonably available control technology (RACT) requirements under 42 USC §7511a(b)(2); the Stage II vapor recovery requirements under 42 USC §7511a(b)(3); and the control programs for serious and severe ozone nonattainment areas required under 42 USC §7511a(c) and (d). Therefore, the rules meet a federal requirement because they implement requirements of the FCAA.

States are primarily responsible for ensuring attainment and maintenance of NAAQS once the EPA has established those standards. Under 42 USC §7410 and related provisions, states must submit revisions to the state implementation plan (SIP) for EPA approval that provide for the attainment and maintenance of the NAAQS through control programs directed to sources of the pollutants involved. The VOCs are major contributors to the formation of ozone, and the rules contained in Chapter 115 are significant components of the Texas SIP to attain NAAQS for ozone (see 40 Code of Federal Regulations §52.2270(c), which lists Chapter 115 rules included in the SIP). Chapter 115 rules also implement Texas Health and Safety Code, Texas Clean Air Act (TCAA), §382.011, concerning General Powers and Duties, which provides the commission with the authority to establish the level of quality to be maintained in the state's air and the authority to control the quality of the state's air; §382.012, concerning State Air Control Plan, which requires the commission to develop plans for protection of the state's air, such as the SIP; §382.016, concerning Monitoring Requirements; Examination of Records, which authorizes the commission to prescribe requirements for owners or operators of sources to make and maintain records of emissions measurements; §382.017, concerning Rules, which provides the commission with the authority to adopt rules consistent with the policy and purposes of the TCAA; and §382.021, concerning Sampling Methods and Procedures, which authorizes the commission to prescribe the sampling methods and procedures.

PUBLIC COMMENT

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 115 continue to exist. Comments may be submitted to Patricia Durón, 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 2000-029-115-AI. Comments must be received in writing by 5:00 p.m., April 9, 2001. For further information or questions concerning this proposal, please contact Auburn Mitchell, Policy and Regulations Division, at (512) 239-1873.

TRD-200101148

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: February 26, 2001

The Texas Natural Resource Conservation Commission (commission) files this notice of intention to review and proposes the readoption of Chapter 327, Spill Prevention and Control. This review of Chapter 327 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. The review must include an assessment of whether the reasons for the rules continue to exist.

CHAPTER SUMMARY

Chapter 327 was adopted by the commission on April 24, 1996, to clarify the reporting requirements in the Texas Water Code (TWC), Subchapter B, §26.039, and to achieve the policy stated in the Texas Hazardous Substances Spill Prevention and Control Act, TWC, Subchapter G, including §26.262, which is to prevent the spill or discharge of oil, hazardous substances, or other substances into the waters in the state and to cause the removal of such spills and discharges without undue delay. The chapter establishes clear reporting and response action guidelines, intended to improve the timeliness, adequacy, coordination, efficiency, and effectiveness of responses to discharges or spills subject to the commission's regulatory jurisdiction. At the time of its adoption, Chapter 327 incorporated the rules in Chapter 343, Oil and Hazardous Substances, and updated them to conform with the Texas Hazardous Substances Spill Prevention and Control Act which superseded the Texas Oil and Hazardous Substances Spill Prevention and Control Act of 1977.

PRELIMINARY ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The commission conducted a preliminary review of the rules under Chapter 327 and determined that the reasons for the rules continue to exist. The rules are needed to implement provisions of the Texas Hazardous Substances Spill Prevention and Control Act, TWC, including §26.262, which establishes the policy of the state to prevent the spill or discharge of oil, hazardous substances, or other substances into the waters in the state and to cause the removal of such spills and discharges without undue delay. The commission's review of Chapter 327 also revealed the need for a number of changes, which the commission intends to propose in a separate rulemaking.

PUBLIC COMMENT

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 327 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 2000-003-327-WS. Comments must be received in writing by 5:00 p.m., April 9, 2001. For further information or questions concerning this proposal, please contact Hector Mendieta, Policy and Regulations Division, at (512) 239-6694.

TRD-200101188

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: February 27, 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 SB-178, 76th Legislature, and pursuant to the notice of intention to review published in the December 29, 2000, issue of the Texas Register (25 TexReg 13012), the Texas Workers' Compensation Commission (the Commission) has assessed whether the reason for adopting or readopting these rules continues to exist. No comments were received regarding the review of these rules.

Chapter 116 General Provisions - Subsequent Injury Fund §116.11 Request for Reimbursement or Refund from the Subsequent Injury Fund §116.12 Subsequent Injury Fund Payment/Reimbursement Schedule

As a result of the review, the Commission has determined that the reason for adoption of the rules continues to exist. Therefore, the Commission readopts Chapter 116. If the Commission determines that any of these rules should be revised or repealed, the repeal or revisions of the rules will be accomplished in accordance with the Administrative Procedure Act.

TRD-200101098

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: February 22, 2001

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 SB-178, 76th Legislature, and pursuant to the notice of intention to review published in the September 15, 2000, issue of the Texas Register (25 TexReg 9240), the Texas Workers' Compensation Commission has reviewed and considered for readoption the following rules in Title 28, Part 2 of the Texas Administrative Code.

Chapter 145 Dispute Resolution - Hearings Under the Administrative Procedure and Texas Register Act §145.1 Scope and Applicability §145.2 Definitions §145.3 Requesting a Hearing §145.4 Notice of Hearing §145.5 Statement of Matters Asserted §145.6 Venue §145.7 Appearance and Representation §145.8 Withdrawal of Hearing Request §145.9 Informal Disposition §145.10 Filing Instruments: Furnishing Copies §145.11 APTRA Prehearing Conference §145.12 Request for Alternative Dispute Resolution §145.13 Discovery and Production of Documents and Things for Inspection, Copying, or Photographing §145.14 Subpoenas; Depositions §145.15 Ex Parte Communications §145.16 Conduct and Decorum §145.17 Hearing Officer's Authority §145.18 Parties' Rights in Hearings §145.19 Failure to Appear §145.20 Recording the Hearing §145.21 Evidence §145.22 Reimbursement, Travel Expenses, and Fees for Witnesses and Deponents §145.23 Decision of the Hearing Officer §145.24 Special Provisions for Imposing Sanctions Pursuant to Section 2.09(f) of the Act §145.25 Special Provisions for Administrative Penalties §145.26 Record of the Hearing §145.27 Transcript or Duplicate of the Hearing Audiotape §145.28 Expenses To Be Paid By Petitioner

The Texas Workers' Compensation Commission (the Commission) has assessed whether the reason for adopting or readopting these rules continues to exist. No comments were received regarding the review of these rules.

As a result of the review, the Commission has determined the reason for adoption of these rules does not continue to exist and the rules will be repealed in accordance with the Administrative Procedure Act process at a later date.

TRD-200101099

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: February 22, 2001

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 SB-178, 76th Legislature, and pursuant to the notice of intention to review published in the September 8, 2000, issue of the Texas Register (25 TexReg 9019), the Texas Workers' Compensation Commission has reviewed and considered for readoption the following rules in Title 28, Part 2 of the Texas Administrative Code.

Chapter 147 Dispute Resolution - Agreements, Settlements, Commutation §147.1 Definitions §147.2 Form §147.3 Execution §147.4 Filing Agreements with the Commission; Effective Dates §147.5 Filing Settlements with the Commission; Effective Dates §147.6 Settlement Conference §147.7 Effect on Previously Entered Decisions and Orders §147.8 Withdrawal From Settlement §147.9 Requirements for Agreements and Settlements §147.10 Commutation of Impairment Income Benefits §147.11 Notification of Commission of Proposed Judgments and Settlements

The Texas Workers' Compensation Commission (the Commission) has assessed whether the reason for adopting or readopting these rules continues to exist. No comments were received regarding the review of these rules.

As a result of the review, the Commission has determined that the reason for adoption of the rules continues to exist. Therefore, the Commission readopts these rules. If the Commission determined that any of these rules should be revised or repealed, the repeal or revision of the rules will be accomplished in accordance with the Administrative Procedure Act.

TRD-200101100

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: February 22, 2001