Proposed Rule Reviews
Texas Natural Resource Conservation Commission
Title 30, Part 1
The Texas Natural Resource Conservation Commission (commission) files this
notice of intention to review and proposes the readoption of Chapter 111,
Control of Air Pollution from Visible Emissions and Particulate Matter. This
review of Chapter 111 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 requires 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 111 regulates air pollution from visible emissions and particulate
matter and establishes emission limits and requirements, prescribes monitoring
and sampling methods, and provides for exemptions. These emissions are associated
with outdoor burning, incineration, abrasive blasting, materials handling,
construction and demolition, and nonagricultural and agricultural processes.
This chapter has been revised 17 times since its original adoption and contains
two subchapters: Subchapter A, Visible Emissions and Particulate Matter, and
Subchapter B, Outdoor Burning. Subchapter A contains seven divisions.
PRELIMINARY ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO
EXIST
The commission conducted a preliminary review of the rules in Chapter 111
and determined that the reasons for adopting these rules continue to exist.
These rules are needed to accomplish the purposes and implement provisions
of the Federal Clean Air Act as codified in 42 United States Code (USC) and
the Texas Clean Air Act (TCAA). Generally, the Chapter 111 rules implement
Texas Health and Safety Code, TCAA, §382.011, which requires the commission
to control the quality of the state's air, and §382.012, State Air Control
Plan, which requires the commission to prepare and develop a general, comprehensive
plan for the proper control of the state's air.
Title 42 USC, §7409, requires the United States Environmental Protection
Agency (EPA) to prescribe national ambient air quality standards (NAAQS) and §7410
requires each state to adopt and submit a plan which provides for implementation,
maintenance, and enforcement of such primary air quality standards. 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, the states must submit a state implementation plan (SIP)
for EPA approval that provides for the attainment and maintenance of NAAQS
through control programs directed to sources of the pollution involved. The
rules in Chapter 111 meet this federal requirement. The rules in Chapter 111
are part of the plans required in 42 USC, §7410 and TCAA, §382.012.
Divisions are discussed more specifically in the following paragraphs.
Division 1, Visible Emissions, establishes standards, test methods, and
alternate opacity limitations for stationary vents, gas flares, motor vehicles,
railroad locomotives or ships, structures, and other sources. Division 1 requires
continuous emissions monitoring for certain steam generators and catalyst
regenerators for fluid bed catalytic cracking units. Initially developed under
TCAA, §382.012, these provisions were added to the SIP (42 USC, §7409
and §7410) in 1972. Division 1 also contains operating restrictions for
solid fuel heating devices (wood-burning stoves) in the City of El Paso. These
requirements were developed specifically as part of the SIP (42 USC, §7409
and §7410) to control particulate emissions.
Division 2, Incineration, establishes requirements for single-, dual-,
and multiple-chamber incinerators and commercial facilities burning hazardous
waste fuels and includes testing, monitoring, recordkeeping, and operating
requirements. These rules were developed under TCAA, §382.012, to control
emissions from incinerators. Requirements for medical waste incinerators were
moved from Chapter 111 to Chapter 113, Subchapter D (§§113.2070
- 113.2079) in 2000 as part of a federal requirement, 42 USC, 7411(d), that
supercedes the state requirement. All of the incinerator rules in this division
will be moved to Chapter 113 as EPA adopts other rules under 42 USC, 7411(d).
Division 3, Abrasive Blasting of Water Storage Tanks Performed by Portable
Operations, was developed under TCAA, §382.012, to control airborne lead
and particulate matter and establishes definitions, testing and control requirements
for surfaces with coatings containing lead, and exemptions.
Division 4, Materials Handling, Construction, Roads, Streets, Alleys, and
Parking Lots, was developed specifically as part of the SIP (42 USC, §7409
and §7410) to control total suspended particulate and inhalable particulate
matter in specified geographic areas.
Division 5, Emissions Limits on Nonagricultural Processes, was developed
under TCAA, §382.012, to control particulate emissions and establishes
allowable emissions limits for nonagricultural processes, allowable emissions
limits for steam generators, and limits for ground level concentrations from
nonagricultural processes.
Division 6, Emissions Limits on Agricultural Processes, was developed under
TCAA, §382.012, to control emissions of particulate matter and establishes
emission limits for persons affected by TCAA, §382.020, based on the
process weight method or if requested, an alternate method with equivalent
emission control efficiency, and exemptions.
Division 7, Exemptions for Portable or Transient Operations, developed
under TCAA, §382.012, establishes an exemption policy and requirements
for exemptions.
Subchapter B, Outdoor Burning, was developed under TCAA, §382.018,
to control emissions of particulate matter. It contains a general prohibition
against outdoor burning and prohibits disposal of material capable of igniting
spontaneously, except as provided in the subchapter. It also includes definitions
and exemptions.
The commission's review of Chapter 111 also revealed necessary corrections.
For example, compliance provisions contain deadlines that have passed, the
EPA determined some of the monitoring requirements to be insufficient, and
there are out-of-date references which need to be deleted or corrected. The
commission intends to consider correction of these items during future rulemaking
actions.
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
comments on whether the reasons for the rules in Chapter 111 continue to exist.
The commission also invites comments on any corrections or other revisions
that should be considered in the previously mentioned future rulemaking. Comments
may be submitted to Lola Brown, 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 1999-063-111-AI.
Comments must be received by 5:00 p.m., June 25, 2001. For further information
or questions concerning this proposal, please contact Debra Barber, Policy
and Regulations Division, at (512) 239-0412.
TRD-200102699
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: May 14, 2001
Title 28, Part 2
The Texas Workers' Compensation Commission files this notice of intention
to review the rules contained in Chapter 166 concerning Workers' Health &
Safety - Accident Prevention Services. This review is pursuant to the General
Appropriations 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.
The agency's reason for adopting the rules contained in these chapters
continues to exist and it proposes to readopt these rules.
Comments regarding whether the reason for adopting these rules continues
to exist must be received by 5:00 p.m. on July 2, 2001, and submitted to Nell
Cheslock, Office of General Counsel, Mailstop #4-D, Texas Workers' Compensation
Commission, Southfield Building, 4000 South IH 35, Austin, Texas 78704-7491.
CHAPTER 166. WORKERS' HEALTH & SAFETY - ACCIDENT PREVENTION SERVICES:
§166.1. Definitions of Terms. §166.2. Initial Licensing and Resumption
of Writing of Workers' Compensation Insurance. §166.3. Annual Report
to the Commission. §166.4. Required Accident Prevention Services. §166.5.
Required Periodic Inspections of Accident Prevention Services and Site of
Inspection. §166.6. Exchange of Information for the Inspection. §166.7.
Inspection of Accident Prevention Services: Conducting and Reporting. §166.8.
Qualification of Field Safety Representatives. §166.9. Approval of Occupational
Health and Safety Education Programs.
TRD-200102728
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Filed: May 15, 2001
Title 40, Part 20
The Texas Workforce Commission (Commission) files this notice of its intent
to review Chapter 800, Subchapter D, Incentive Award Rules, Subchapter E,
Sanctions Rules, Subchapter F, Interagency Matters, and Subchapter G, Petition
for Adoption of Rules in accordance with Texas Government Code §2001.039.
An assessment will be made by the Commission as to whether the reasons
for adopting or readopting the rules continue to exist. This assessment will
be continued during the rule review process. 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 Commission.
Comments on the review may be submitted in writing within 30 days following
the publication of this notice in the
Texas Register
to John Moore, Assistant General Counsel, Texas Workforce Commission,
101 East 15th Street, Room 608, Austin, Texas, 78778-0001; via facsimile at
(512) 463-2220; or via e-mail at john.moore@twc.state.tx.us.
For information about the Commission, please visit our web page at www.texasworkforce.org.
TRD-200102713
John Moore
Assistant General Counsel
Texas Workforce Commission
Filed: May 15, 2001
The Texas Workforce Commission (Commission) files this notice of its intent
to review Chapter 803, relating to the Skills Development Fund in accordance
with Texas Government Code §2001.039.
An assessment will be made by the Commission as to whether the reasons
for adopting or readopting the rules continue to exist. This assessment will
be continued during the rule review process. 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 Commission.
Comments on the review may be submitted in writing within 30 days following
the publication of this notice in the
Texas Register
to John Moore, Assistant General Counsel, Texas Workforce Commission,
101 East 15th Street, Room 608, Austin, Texas, 78778-0001; via facsimile at
(512) 463-2220; or via e-mail at john.moore@twc.state.tx.us.
For information about the Commission, please visit our web page at www.texasworkforce.org.
TRD-200102714
John Moore
Assistant General Counsel
Texas Workforce Commission
Filed: May 15, 2001
The Texas Workforce Commission (Commission) files this notice of its intent
to review Chapter 813 relating to Food Stamp Employment and Training in accordance
with Texas Government Code §2001.039.
An assessment will be made by the Commission as to whether the reasons
for adopting or readopting the rules continue to exist. This assessment will
be continued during the rule review process. 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 Commission.
Comments on the review may be submitted in writing within 30 days following
the publication of this notice in the
Texas Register
to John Moore, Assistant General Counsel, Texas Workforce Commission,
101 East 15th Street, Room 608, Austin, Texas, 78778-0001; via facsimile at
(512) 463-2220; or via e-mail at john.moore@twc.state.tx.us.
For information about the Commission, please visit our web page at www.texasworkforce.org.
TRD-200102715
John Moore
Assistant General Counsel
Texas Workforce Commission
Filed: May 15, 2001
The Texas Workforce Commission (Commission) files this notice of its intent
to review Chapter 817 relating to Child Labor in accordance with Texas Government
Code §2001.039.
An assessment will be made by the Commission as to whether the reasons
for adopting or readopting the rules continue to exist. This assessment will
be continued during the rule review process. 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 Commission.
Comments on the review may be submitted in writing within 30 days following
the publication of this notice in the
Texas Register
to John Moore, Assistant General Counsel, Texas Workforce Commission,
101 East 15th Street, Room 608, Austin, Texas, 78778-0001; via facsimile at
(512) 463-2220; or via e-mail at john.moore@twc.state.tx.us.
For information about the Commission, please visit our web page at www.texasworkforce.org.
TRD-200102716
John Moore
Assistant General Counsel
Texas Workforce Commission
Filed: May 15, 2001
The Texas Workforce Commission (Commission) files this notice of its intent
to review Chapter 823 relating to General Hearings in accordance with Texas
Government Code §2001.039.
An assessment will be made by the Commission as to whether the reasons
for adopting or readopting the rules continue to exist. This assessment will
be continued during the rule review process. 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 Commission.
Comments on the review may be submitted in writing within 30 days following
the publication of this notice in the
Texas Register
to John Moore, Assistant General Counsel, Texas Workforce Commission,
101 East 15th Street, Room 608, Austin, Texas, 78778-0001; via facsimile at
(512) 463-2220; or via e-mail at john.moore@twc.state.tx.us.
For information about the Commission, please visit our web page at www.texasworkforce.org.
TRD-200102717
John Moore
Assistant General Counsel
Texas Workforce Commission
Filed: May 15, 2001
The Texas Workforce Commission (Commission) files this notice of its intent
to review Chapter 835 relating to the Self-Sufficiency Fund in accordance
with Texas Government Code §2001.039.
An assessment will be made by the Commission as to whether the reasons
for adopting or readopting the rules continue to exist. This assessment will
be continued during the rule review process. 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 Commission.
Comments on the review may be submitted in writing within 30 days following
the publication of this notice in the
Texas Register
to John Moore, Assistant General Counsel, Texas Workforce Commission,
101 East 15th Street, Room 608, Austin, Texas, 78778-0001; via facsimile at
(512) 463-2220; or via e-mail at john.moore@twc.state.tx.us.
For information about the Commission, please visit our web page at www.texasworkforce.org.
TRD-200102718
John Moore
Assistant General Counsel
Texas Workforce Commission
Filed: May 15, 2001
The Texas Workforce Commission (Commission) files this notice of its intent
to review Chapter 839, Subchapter A. General Provisions and Subchapter B.
Nondiscrimination and Equal Opportunity in accordance with Texas Government
Code §2001.039.
An assessment will be made by the Commission as to whether the reasons
for adopting or readopting the rules continue to exist. This assessment will
be continued during the rule review process. 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 Commission.
Comments on the review may be submitted in writing within 30 days following
the publication of this notice in the
Texas Register
to John Moore, Assistant General Counsel, Texas Workforce Commission,
101 East 15th Street, Room 608, Austin, Texas, 78778-0001; via facsimile at
(512) 463-2220; or via e-mail at john.moore@twc.state.tx.us.
For information about the Commission, please visit our web page at www.texasworkforce.org.
TRD-200102719
John Moore
Assistant General Counsel
Texas Workforce Commission
Filed: May 15, 2001
Texas Workers' Compensation Commission
Texas Workforce Commission