Proposed Rule Reviews
Texas Department of Health
Title 25, Part 1
The Texas Department of Health (department) will review and consider for
readoption, revision or repeal Title 25, Texas Administrative Code, Part 1,
Chapter 289. Radiation Control, Subchapter F. License Regulations, §§289.251
and 289.253.
This review is in accordance with the requirements of the Texas Government
Code, §2001.039, the General Appropriations Act, Article IX, §9-10.13,
76th Legislature, 1999.
An assessment will be made by the department as to whether the reasons
for adopting or readopting these 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to determine whether it is obsolete, whether the rule reflects current legal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 department.
Comments on the review may be submitted in writing within 30 days following
the publication of this notice in the
Texas Register
to Linda Wiegman, Office of General Counsel, Texas Department of Health,
1100 West 49th Street, Austin, Texas 78756. Any proposed changes to these
rules as a result of the review will be published in the Proposed Rule Section
of the
Texas Register
and will be open for
an additional 30 day public comment period prior to final adoption or repeal
by the department.
TRD-200200975
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: February 15, 2002
Title 30, Part 1
The Texas Natural Resource Conservation Commission (commission) files this
notice of intention to review and proposes the readoption of Chapter 35, Emergency
and Temporary Orders and Permits; Temporary Suspension or Amendment of Permit
Conditions with an amendment, as concurrently published in the Proposed Rules
section of this issue of the
Texas Register
.
This review of Chapter 35 is proposed in accordance with Texas Government
Code, §2001.039, and Senate Bill (SB) 178, 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
This chapter implemented SB 1876, 75th Legislature, 1997, and continued
the commission's effort to consolidate agency procedural rules and make certain
processes consistent among different agency programs. Chapter 35 is organized
into the following 12 subchapters.
Subchapter A, Purpose, Applicability, and Definitions, contains provisions
addressing the purpose of the chapter, the applicability of the chapter, and
definitions that pertain to the chapter.
Subchapter B, Authority of the Executive Director, delineates the duty
and eligibility of the executive director regarding emergency and temporary
orders.
Subchapter C, General Provisions, specifies when the commission or the
executive director may issue emergency and temporary orders, defines the term
of an initial and renewal emergency order, and defines the term for a temporary
order. Additionally, Subchapter C delineates the application process, the
hearing process, the contents of an emergency or temporary order, and the
application fees.
Subchapter D, Emergency Suspension of Beneficial Inflows, addresses the
procedures and criteria that the commission or the executive director must
use during a review of an application by a water right holder who requests
the temporary suspension of conditions in the water right relating to beneficial
inflow to bays and estuaries and instream uses during an emergency.
Under Subchapter E, Emergency Orders for Utilities, the commission or the
executive director may appoint a person to temporarily manage and operate
a utility that has discontinued or abandoned operations. Additionally, this
subchapter delineates when the commission or executive director may authorize
an emergency rate increase for a utility, the term of the rate increase, how
the request for the increase must be made, the applicable notice to ratepayers,
and the record keeping procedures. Finally, the subchapter authorizes the
commission to require that the utility deposit all or part of the rate increase
into an interest-bearing escrow account.
Under Subchapter F, Water Quality Emergency and Temporary Orders, the commission
may issue temporary orders, and the commission or executive director may issue
emergency orders, relating to the discharge of waste or pollutants into or
adjacent to any water in the state. Additionally, the subchapter specifies
what information must be included in an application, and what the commission
or executive director must find before an emergency order is issued.
Under Subchapter G, Solid Waste and Uranium By-product Emergency Orders,
the commission or the executive director may issue a mandatory or prohibitory
emergency order if an emergency exists requiring immediate action to protect
public health and safety or the environment. Additionally, the subchapter
specifies the terms and conditions of an emergency or temporary order.
Under Subchapter H, Radioactive Substances and Materials Emergency Orders,
the commission or the executive director may issue an emergency order if an
emergency exists requiring immediate action to protect public health and safety
or the environment. Additionally, the subchapter specifies the terms and conditions
of an emergency or temporary order. Subchapter H also provides the commission
and the executive director with a mechanism to impound radioactive material
possessed by a person not equipped to observe or who fails to observe the
provisions of the Texas Radiation Control Act (TRCA) or a license or order
issued by the commission under the TRCA, or Chapter 366.
Under Subchapter I, Storage Tank Emergency Orders, the commission or the
executive director may issue emergency orders if there is an actual or threatened
release of a regulated substance from an underground storage tank, and the
emergency order would provide for quicker corrective action than would be
possible under Texas Water Code (TWC), Chapter 26. Additionally, this subchapter
describes terms and conditions of an emergency order, as well as notice requirements.
Under Subchapter J, Imminent and Substantial Endangerment, the commission
or the executive director may issue emergency administrative orders.
Under Subchapter K, Air Orders, the commission or executive director may
issue emergency orders to authorize immediate action for the addition, replacement,
or repair of facilities or control equipment; and may issue orders authorizing
associated emissions of air contaminants, whenever a catastrophe necessitates
such construction and emissions otherwise precluded under the Texas Clean
Air Act. Additionally, the subchapter delineates what must be included in
an application for an emergency order, the notice requirements, the required
findings, and the content of the emergency order. This subchapter also includes
provisions for modifying, affirming, and setting aside an emergency order.
Under Subchapter L, On-site Sewage Disposal System, the commission may
issue an order to suspend the registration of an on-site sewage disposal system
installer, or to order that an on-site sewage disposal system not be used.
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 35 continue to exist. The rules are needed to implement
TWC, Chapter 5, Subchapter L, Emergency and Temporary Orders. However, the
review has revealed that §35.901, relating to on-site sewage disposal
systems, is unclear. Therefore, the commission is concurrently proposing amendments
to §35.901 to clarify the meaning.
PUBLIC COMMENT
The commission invites public comment on whether the reasons for the rules
in Chapter 35 continue to exist. Comments may be submitted to Joyce Spencer,
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 2002-007-035-AD. Comments must be received by 5:00
p.m., April 1, 2002. For further information or questions concerning this
proposal, please contact Debra Barber, Policy and Regulations Division, at
(512) 239-0412.
TRD-200200944
Stephanie Bergeron
Division Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: February 15, 2002
Title 43, Part 1
Notice of Intention to Review: In accordance with the Government Code, §2001.039,
the Texas Department of Transportation (department) files this notice of intention
to review Title 43 TAC, Part 1, §§21.1 - 21.15, Land Acquisition
Procedures; §§21.111 - 21.117, Relocation Assistance and Benefits;
and §§21.171 - 21.312, Road Utility Districts.
The department will accept comments regarding whether the reasons for adopting
these rules continue to exist. The comment period will last 30 days beginning
with the publication of this notice of intention to review.
Comment or questions regarding this rule review may be submitted in writing
to John P. Campbell, Director, Right of Way Division, Texas Department of
Transportation, 125 E. 11th Street, Austin, Texas 78701-2483, or by phone
at (512) 416-2918.
TRD-200200918
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: February 14, 2002
Texas Natural Resource Conservation Commission
Texas Department of Transportation
Adopted Rule Reviews