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 90, Regulatory
Flexibility and Environmental Management Systems. This review of Chapter 90
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
Chapter 90 provides for flexibility, if certain criteria are met, from
the requirements of any statute or commission rule regarding the control or
abatement of pollution, except that it does not apply to requirements for
storing, handling, processing, or disposing of low-level radioactive materials.
Chapter 90 also provides for regulatory incentives for having an environmental
management system that meets certain criteria. A person who has been referred
to the Texas or United States attorney general and has incurred a judgment,
or who has been convicted of willfully or knowingly committing an environmental
crime regarding the site for which the person is requesting regulatory flexibility
or incentives, is ineligible for a period of three years.
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 90 continue to exist. The rules are needed to implement
Texas Water Code (TWC), §5.127, Environmental Management Systems; §5.131,
Environmental Management Systems; and §5.758, Regulatory Flexibility.
However, House Bill 2912, §4.02, 77th Legislature, 2001, amended TWC, §5.758,
changing it from §5.123 and adding provisions. Therefore, in a recent
rulemaking the commission proposed amendments to §90.1 and §90.10
to incorporate the legislative changes (April 26, 2002 (27 TexReg 3471)).
PUBLIC COMMENT
This proposal is limited to the review in accordance with the requirements
of Texas Government Code, §2001.039 (added by Acts 1999, 76th Legislature,
Chapter 1499, §1.11(a)). The commission invites public comment on whether
the reasons for the rules in Chapter 90 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) 239-6087. All comments should reference Rule Log Number 2001-073-090-AD.
Comments must be received in writing by 5:00 p.m., July 5, 2002. For further
information or questions concerning this proposal, please contact Joseph Thomas,
Policy and Regulations Division, at (512) 239-4580.
TRD-200203483
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: June 5, 2002
Title 16, Part 1
The Railroad Commission of Texas files this notice of intent to review
and readopt without change the following sections of 16 Texas Administrative
Code, Part 1, Chapter 3: §3.3, relating to Identification of Properties,
Wells and Tanks; §3.24, relating to Check Valves Required; §3.25,
relating to Use of Common Storage; §3.49, relating to Gas-Oil Ratio;
and §3.60, relating to Refinery Reports, in accordance with Texas Government
Code, §2001.039. The agency's reasons for adopting these rules continue
to exist.
Comments on the proposed review may be submitted to Rules Coordinator,
Office of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin,
Texas 78711-2967. Comments may also be submitted online at www.rrc.state.tx.us/rules/proposed.html,
or by electronic mail to rulescoordinator@rrc.state.tx.us. Comments should
refer to Oil and Gas Docket No. 20-0231492. The Commission will accept comments
for 30 days after publication in the
Texas Register
. For further information, call Ms. Leslie Savage at (512) 463-7308.
Issued in Austin, Texas, on June 4, 2002.
TRD-200203456
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Filed: June 4, 2002
Texas Feed and Fertilizer Control Service/Office of the Texas State Chemist
Title 4, Part 3
Texas Feed and Fertilizer Control Service (TFFCS)/Office of the Texas State
Chemist (OTSC) adopts the review of Title 4, Part 3, Chapter 61, Commercial
Feed Rules without changes as published in the March 22, 2002, issue of the
TFFCS/OTSC has determined that the reasons for adopting the rules continue
to exist. No comments were received regarding the readoption of these rules.
The review is adopted under the Texas Agriculture Code, Chapter 141, §141.004
which provides the Texas Feed and Fertilizer Control Service with the authority
to promulgate rules relating to the distribution of commercial feeds.
TRD-200203465
Dr. George W. Latimer, Jr.
State Chemist
Texas Feed and Fertilizer Control Service/Office of the Texas State Chemist
Filed: June 4, 2002
Texas Feed and Fertilizer Control Service (TFFCS)/Office of the Texas State
Chemist (OTSC) adopts the review of Title 4, Part 3, Chapter 63, Pet Food
Rules, without changes as published in the March 22, 2002 issue of the
TFFCS/OTSC has determined that the reasons for adopting the rules continue
to exist. No comments were received regarding the readoption of these rules.
The review is adopted under the Texas Agriculture Code, Chapter 141, §141.004
which provides the Texas Feed and Fertilizer Control Service with the authority
to promulgate rules relating to the distribution of commercial feeds.
TRD-200203466
Dr. George W. Latimer, Jr.
State Chemist
Texas Feed and Fertilizer Control Service/Office of the Texas State Chemist
Filed: June 4, 2002
Texas Feed and Fertilizer Control Service (TFFCS)/Office of the Texas State
Chemist (OTSC) adopts the review of Title 4, Part 3, Chapter 65, Commercial
Fertilizer Rules without changes as published in the March 22, 2002 issue
of the
Texas Register
(27 TexReg 2264). The
review was conducted in accordance with Texas Government Code §2001.39.
TFFCS/OTSC has determined that the reasons for adopting the rules continue
to exist. No comments were received regarding the readoption of these rules.
The review is adopted under the Texas Agriculture Code, Chapter 63, §63.004
which provides the Texas Feed and Fertilizer Control Service with the authority
to promulgate rules relating to the distribution of commercial fertilizers.
TRD-200203467
Dr. George W. Latimer, Jr.
State Chemist
Texas Feed and Fertilizer Control Service/Office of the Texas State Chemist
Filed: June 4, 2002
Title 43, Part 1
The Texas Department of Transportation (department) readopts Title 43 TAC,
Part 1, §§15.50 - 15.56, Federal, State, and Local Participation.
The review was conducted in accordance with Government Code, §2001.039.
The proposed review was published in the March 29, 2002, issue of the
TRD-200203353
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: May 30, 2002
Railroad Commission of Texas
Adopted Rule Reviews
Texas Department of Transportation