TITLE rule-review

Agency Rule Review Plan

Texas Department of Insurance

Title 28, Part 1

Filed: March 28, 2002


Proposed Rule Reviews

Texas Department of Banking

Title 7, Part 2

The Texas Department of Banking, on behalf of the Finance Commission of Texas (commission), files this notice of intention to review Texas Administrative Code, Title 7, Chapter 21 (Trust Company Corporate Activities), specifically Subchapters E and F, comprised of §21.51, concerning Change of Control; and §§21.61-21.62, concerning Application for Merger, Conversion, or Sale of Assets.

The commission undertakes its review of these rules pursuant to Government Code, §2001.039. The department will accept comments for 30 days following the publication of this notice in the Texas Register as to whether the reasons for adopting the sections under review continue to exist.

Any questions or written comments pertaining to this notice of intention to review should be directed to Robin Robinson, Assistant General Counsel, Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, or by email to robin.robinson@banking.state.tx.us. Any changes to rules proposed as a result of the review will be published in the Proposed Rules Section of the Texas Register and will be open for a separate 30-day comment period prior to final adoption or repeal by the commission.

TRD-200202057

Everette D. Jobe

Certifying Official

Texas Department of Banking

Filed: April 1, 2002


Texas Department of Insurance

Title 28, Part 1

The Texas Department of Insurance will review and consider for readoption, revision or repeal all sections of the following chapters of Title 28, Part 1 of the Texas Administrative Code, in accordance with the Texas Government Code, §2001.039: Chapter 1, General Administration; Chapter 5, Property and Casualty Insurance; Chapter 7, Corporate Financial Regulation; Chapter 8, Early Warning System for Insurers in Hazardous Condition; Chapter 9, Title Insurance; Chapter 11, Health Maintenance Organizations; Chapter 13, Miscellaneous Insurance; Chapter 15, Surplus Lines Insurance; Chapter 19, Agents Licensing; Chapter 21, Trade Practices; Chapter 23, Prepaid Legal Service; and, Chapter 26, Small Employer Health Insurance Regulations. The Texas Department of Insurance notes with regard to Chapter 19, Agents Licensing, that as a result of changes to licensing statutes enacted by the 77th Texas Legislature, in addition to and separate from this rule review process, Chapter 19, Agents Licensing, is undergoing review and revision to address changes necessitated by recent legislation.

The Texas Department of Insurance will consider, among other things, whether the reasons for adoption of these rules continue to exist. Any proposed revisions or repeals identified during the review of these rules will be proposed and published in the Texas Register in accordance with the Administrative Procedure Act, Texas Government Code, Chapter 2001.

To be considered, written comments on the review of these rules must be submitted no later than 5:00 p.m. on May 13, 2002, to Lynda H. Nesenholtz, General Counsel and Chief Clerk, P.O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of comments should be sent to Ann Bright, Section Chief, Agency Counsel Section, Legal and Compliance Division, P.O. Box 149104, MC 110-1A, Austin, Texas 78714-9104.

TRD-200201952

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: March 28, 2002


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 116, Control of Air Pollution by Permits for New Construction or Modification. This review of Chapter 116 is proposed in accordance with the requirements of Texas Government Code, §2001.039, added by Acts 1999, 76th Legislature, Chapter 1499, §1.11(a), 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. Any identified updates, consistency issues, or other needed changes will be addressed in a separate rulemaking.

CHAPTER SUMMARY

Chapter 116 requires preconstruction authorization to be obtained prior to construction or modification of a facility which may emit air contaminants into the air of Texas. Chapter 116 consists of ten subchapters: Subchapter A, Definitions; Subchapter B, New Source Review Permits; Subchapter C, Hazardous Air Pollutants: Regulations Governing Constructed or Reconstructed Major Sources (FCAA §112(G), 40 CFR Part 63); Subchapter D, Permit Renewals; Subchapter E, Emergency Orders; Subchapter F, Standard Permits; Subchapter G, Flexible Permits; Subchapter H, Voluntary Emission Reduction Permits; Subchapter I, Electric Generating Facilities; and Subchapter J, Multiple Plant Permits.

Subchapter A, Definitions, contains definitions used in this chapter.

Subchapter B, New Source Review Permits, contains provisions addressing: applicability, permit applications; general and special conditions; compliance provisions; compliance history; public notification and comment procedures; permit fees; nonattainment review; prevention of significant deterioration review; and emission reductions offsets.

Subchapter C, Hazardous Air Pollutants: Regulations Governing Constructed or Reconstructed Major sources (FCAA §112(G), 40 CFR Part 63), provides requirements for applicability, exclusions, and application and public notice requirements.

Subchapter D, Permit Renewals, provides requirements for notification of permit holder, permit renewal application, public notification and comment procedures, renewal application fees, and review schedule.

Subchapter E, Emergency Orders, provides for applicability of emergency orders.

Subchapter F, Standard Permits, provides requirements: for types of standard permits; issuance of standard permits; public participation in issuance of standard permits; duration and renewal of registrations to use standard permits; standard permit amendment and revocation; delegation; applicability; registration to use a standard permit; standard permit fees; general conditions; standard permits for pollution control projects; installation and/or modification of oil and gas facilities; and municipal solid waste landfills.

Subchapter G, Flexible Permits, provides requirements: for applicability; flexible permit application; application review schedule; general and special conditions; emission caps and individual emission limitations; implementation schedule for additional controls; significant emission increase; limitation on physical and operational changes; amendments and alterations; distance limitations; compliance history; public notice and comment; flexible permit fee; and flexible permit renewal.

Subchapter H, Voluntary Emission Reduction Permits, provides requirements: for eligibility; voluntary emission reduction permit (applications; project emission reduction credits; application review schedule; general and special conditions; deferral of emission reductions; modifications; public participation for initial issuance; notice and comment hearings for initial issuance; notice of final action; voluntary emission reduction permit application fee; voluntary emission reduction permit renewal; and delegation.

Subchapter I, Electric Generating Facilities, provides requirements: for applicability; electric generating facility (EGF) permit applications; general and special conditions; emissions monitoring and reporting requirements; permits for grandfathered and electing EGFs in El Paso County; public participation for initial issuance; notice and comment hearings for initial issuance; notice of final action; modifications; and renewal.

Subchapter J, Multiple Plant Permits, provides requirements: for applicability; multiple plant permit (MPP) applications; application review schedule; general and special conditions; modifications; amendments and alterations; MPP public notice; MPP public comment procedures; MPP application fee; MPP renewal; and delegation.

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

The commission conducted a preliminary review and determined that the reasons for Chapter 116 continue to exist. Chapter 116 implements critical provisions of the Texas Health and Safety Code (THSC), Texas Clean Air Act (TCAA), Chapter 382, as well as 42 United States Code, §§7401 - 7671q, the Federal Clean Air Act (FCAA). Chapter 116 implements the commission's objectives to protect air quality through preconstruction review authorizations by providing procedures for action on any application for a permit for construction or modification or renewal of a permit for a facility that will emit air contaminants into the air of the state. Chapter 116 was originally adopted April 21, 1971, and has been amended to address changes to various state and federal statutes and federal regulations.

Chapter 116 was adopted and amended under THSC, TCAA, §382.017 concerning Rules and §382.051 concerning Permitting Authority of Commission.

Specifically, Chapter 116 implements THSC, TCAA, including §382.012, which provides for the state air control plan; §§382.015 - 382.017, which provide for the power to enter property; require monitoring, examine 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 for sampling, and investigations; §§382.022 - 382.0205, which provide the commission authority to protect against adverse effects related to acid deposition; §§382.023 - 382.026, relating to agency orders and emergencies; §382.0365, relating to the small business stationary source assistance program; §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 air permits and adopt rules as necessary to comply with changes in federal law or regulations applicable to permits; §382.05101, which provides the commission authority to develop criteria or rules for de minimis air contaminants; §382.0511, which provides the commission authority to consolidate permits; §382.0512, relating to modification of an existing facility; §§382.0513 - 382.0515 and 382.0517, which provide authority for the commission to establish and enforce permit conditions, require sampling and monitoring, require permit applications, and determine administrative completeness of applications; §§382.0518 - 382.05196, 382.052 and 382.053, which provide for preconstruction permits; voluntary emissions reduction permits requirements, emission reduction, multiple plant permits, standard permits, and permits by rule, permits to construct or modify facility within 3,000 feet of school and prohibitions on issuance of construction permit for lead smelting plants at certain locations; §382.055, relating to review and renewal of preconstruction permits; §382.056, which provides for notice of intent to obtain a permit or permit review and provides for permit hearings; §382.057 and §382.058, relating to exemptions; §382.058, relating to construction of certain concrete plants; §382.061, which provides for delegation of powers and duties under §§382.051 - 382.0563; §382.062, which provides for application, permit and inspection fees; and under Texas Water Code (TWC), including §5.103, which provides the commission with the authority to adopt rules consistent with the policy and purposes of TWC and other laws of this state; §5.105, which provides the commission with the authority to establish and approve commission policy; and §5.122, which provides delegation of uncontested matters to the executive director. Section 116.112, Distance Limitations, implements the statutory provisions in the Texas Solid Waste Disposal Act, §361.102, concerning Prohibition on Permit for Hazardous Waste Management Facilities Within a Certain Distance of Residence, Church, School, Day Care Center, Park, or Public Drinking Water Supply.

Chapter 116 implements sections of Title I, Part A of the FCAA that relate to preconstruction permitting and establishment of enforceable emission limits, which includes, but is not limited to, FCAA, §110(a)(2)(A) and (C). In addition, Subchapter C implements the requirements of Title I, Part A of the 1990 FCAA, §112(g), as set forth in 40 Code of Federal Regulations (CFR) Part 63, §§63.40 - 63.44, concerning Hazardous Air Pollutants: Regulations Governing Constructed or Reconstructed Major Sources, Subpart B, Requirements for Control Technology (§112(g)). In proposing Chapter 116, Subchapter C, the executive director certified that the proposed §112(g) program under Chapter 116 satisfied all applicable requirements established by 40 CFR §§63.40 - 63.44.

More specifically, Subchapter A, Division 5, Nonattainment Review, implements FCAA, Title I, Part D, Plan Requirements for Nonattainment Areas, including, but not limited to, §173, Permit Requirements. Subchapter A, Division 6, Prevention of Significant Deterioration implements FCAA, Title I, Part C, Prevention of Significant Deterioration of Air Quality, including, but not limited to, §165, Preconstruction Requirements and §167, Enforcement.

Chapter 116 also implements 40 CFR Part 51, Subpart I, Review of New Sources and Modifications; §51.165, Permit Requirements; and §51.166, Prevention of Significant Deterioration of Air Quality and the sections of 40 CFR Part 52, Subpart SS, Texas Implementation Plans, relating to preconstruction permitting and/or specific references to Chapter 116. Section 116.115 implements TCAA, §382.003 requirements for modifications and changes to permitted facilities.

In addition, Chapter 116 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 (NSPS); 40 CFR Part 61, National Emission Standards for Hazardous Air Pollutants (NESHAPS); and 40 CFR Part 63, National Emission Standards for Hazardous Air Pollutants (HAPs) for Source Categories.

PUBLIC COMMENT

This proposal is limited to the review in accordance with the requirements of Texas Government Code, §2001.039. The commission invites public comment on whether the reasons for the rules in Chapter 116 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 2002-002-116-AI. Comments must be received in writing by 5:00 p.m., May 13, 2002. For further information or questions concerning this proposal, please contact Auburn Mitchell, Policy and Regulations Division, at (512) 239-1873.

TRD-200202100

Stephanie Bergeron

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: April 2, 2002


The Texas Natural Resource Conservation Commission (commission) files this notice of intention to review and proposes the readoption of Chapter 290, Public Drinking Water.

This review of Chapter 290 is proposed in accordance with the requirements of Texas Government Code, §2001.039, added by Acts 1999, 76th Legislature, Chapter 1499, §1.11(a), 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

The rules in Subchapters D - F and H of Chapter 290 are necessary to protect the public health and welfare by assuring the microbiological, chemical, and radiological quality of public water supplies; assuring an adequate quantity of drinking water; assuring that new systems are financially stable and technically sound; establishing fees for these services; and assuring minimum acceptable operating practices for public water systems. Specifically, Subchapters D - F and H set forth the requirements for water treatment plant design, operation, and maintenance; establish fees for services provided by the commission to public water systems; identify standards regarding drinking water quality and monitoring and reporting requirements; and provide the minimum requirements for the content of annual consumer confidence reports.

Chapter 290, Subchapter G, establishes water saving performance standards and labeling requirements for plumbing fixtures. Specifically, Subchapter G is needed to establish procedures for listing plumbing fixtures meeting water saving performance standards; to establish labeling requirements for plumbing fixtures; to establish labeling requirements for clothes washing and dishwashing machines and lawn sprinklers; and to provide for fees and penalties.

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

The commission conducted a preliminary review of the rules under Chapter 290, Subchapters D - F and H, and determined that the reasons for the rules in Chapter 290, Subchapters D - F and H continue to exist. The rules in Chapter 290 implement the provisions in Texas Health and Safety Code (THSC), Chapter 341, Subchapter C, including THSC, §341.031, which allows the commission to adopt and enforce rules to implement the federal Safe Water Drinking Act; THSC, §341.0315, which provides the commission the authority to ensure that public drinking water supply systems supply safe drinking water; THSC, §341.034, which requires the commission to adopt rules establishing classes of certificates, duration of certificates, and fees; THSC, §341.035, which requires the executive director to approve a business plan and the plans and specifications for a system before a person may begin construction of a public drinking water supply system; and THSC, §341.041, which allows the commission to charge fees to a person who owns, operates, or maintains a public drinking water supply system.

The commission conducted a preliminary review of the rules in Chapter 290, Subchapter G and determined that the reasons for the rules in Chapter 290, Subchapter G continue to exist. These rules implement the provisions in THSC, Chapter 372 including THSC, §372.002, which requires the commission to maintain a current list of plumbing fixtures that are certified to the commission by the manufacturer or importer to meet the water saving performance standards established by THSC, §372.002(b); and THSC, §372.003, which requires the commission to adopt rules for the marking or labeling of plumbing fixtures.

PUBLIC COMMENT

This proposal is limited to the review in accordance with the requirements of Texas Government Code, §2001.039. The commission invites comments on whether the reasons for the rules in Chapter 290 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 2002-011-290-WT. Comments must be received by 5:00 p.m., May 13, 2002. For further information or questions concerning this proposal, please contact Kathy Ramirez, Policy and Regulations Division, at (512) 239-6757.

TRD-200201984

Stephanie Bergeron

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: March 29, 2002


Adopted Rule Reviews

Credit Union Department

Title 7, Part 6

The Texas Credit Union Commission will review and consider Chapter 91, §91.403 (Federal Parity), §91.4001 (Authority to Conduct Electronic Operations), §91.4002 (Notice Requirement), §91.5001 (Emergency Closing), and §91.5002 (Effect of Closing) of Title 7, Part 6 of the Texas Administrative Code in preparation for the Credit Union Commission's Rule Review as required by §2001.39, Government Code.

Comments or questions regarding these rules may be submitted in writing to Isabel Velasquez, Executive Assistant, Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699, or electronically to info@tcud.state.tx.us.

TRD-200202023

Harold E. Feeney

Commissioner

Credit Union Department

Filed: March 29, 2002


Texas Department of Transportation

Title 43, Part 1

The Texas Department of Transportation readopts without changes Title 43 TAC, Part 1, Chapter 5, Finance, and Chapter 6, State Infrastructure Bank.

The review was conducted in accordance with Government Code, §2001.039.

The proposed review was published in the February 1, 2002, issue of the Texas Register (27 TexReg 773). No comments were received regarding the readoption of these rules. The Texas Transportation Commission has reviewed these sections and determined that the reasons for adopting them continue to exist.

TRD-200201962

Richard D. Monroe

General Counsel

Texas Department of Transportation

Filed: March 29, 2002


Texas Workforce Commission

Title 40, Part 20

The Texas Workforce Commission (Commission) adopts the review of Chapter 800 General Administration, Subchapter A. General Provisions, §§800.1-800.7, without changes as published in the January 25, 2002 issue of the Texas Register (27 TexReg 617) 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 reviewed were determined by the Commission to continue to be needed, reflective of current legal and policy considerations, and reflective of current procedures of the Commission.

No comments were received on the proposed review.

The rule review is adopted under Texas Labor Code §301.061 and §302.002, which provide the Texas Workforce Commission with the authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of Agency services and activities.

The rules affect Texas Labor Code, Titles 2 and 4 as well as Texas Government Code Chapter 2308.

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

TRD-200202089

John Moore

Acting General Counsel

Texas Workforce Commission

Filed: April 2, 2002


The Texas Workforce Commission (Commission) adopts the review of Chapter 821 relating to Texas Payday Rules, without changes as published in the January 25, 2002 issue of the Texas Register (27 TexReg 617) 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 reviewed were determined by the Commission to continue to be needed, reflective of current legal and policy considerations, and reflective of current procedures of the Commission.

No comments were received on the proposed review.

The rule review is adopted under Texas Labor Code §301.061 and §302.002, which provide the Texas Workforce Commission with the authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of Agency services and activities.

The rules affect Texas Labor Code, Titles 2 and 4 as well as Texas Government Code Chapter 2308.

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

TRD-200202090

John Moore

Acting General Counsel

Texas Workforce Commission

Filed: April 2, 2002