Proposed Rule Reviews
Texas Commission on Environmental Quality
Title 30, Part 1
The Texas Commission on Environmental Quality (commission) files this notice
of intention to review and proposes the readoption of Chapter 210, Use of
Reclaimed Water, without changes. Any updates, consistency issues, or other
changes, if needed, will be addressed in a separate rulemaking.
This review of Chapter 210 is proposed in accordance with the requirements
of Texas Government Code, §2001.039, 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 210 provides for the use of reclaimed water. Subchapter A, General
Provisions, applies to the reclaimed water producer, provider, and user. Subchapter
B, General Requirements for the Production, Conveyance, and Use of Reclaimed
Water, establishes general requirements applicable to producers, providers,
and users of reclaimed water. This subchapter also establishes requirements
and specifications for transfer, storage, and irrigation using reclaimed water
and design criteria of reclaimed water systems. Additionally, this subchapter
establishes requirements and specifications necessary to minimize discharges
of waste into or adjacent to waters in the state. Subchapter C, Quality Criteria
and Specific Uses for Reclaimed Water, applies to the reclaimed water producer,
the reclaimed water provider, and the reclaimed water user. This subchapter
sets the specific uses, the quality standards, as well as the monitoring,
record keeping, and reporting standards for reclaimed water. Subchapter D,
Alternative and Pre-Existing Reclaimed Water Systems, contains provisions
in the event a reclaimed water provider or user proposes to design, construct,
or operate a reclaimed water system or to utilize reclaimed water in a manner
other than authorized in these rules. Subchapter E, Special Requirements for
Use of Industrial Reclaimed Water, establishes the applicable requirements
for industrial reclaimed water use which may be used instead of potable water
or raw water.
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 210 continue to exist. The rules in this chapter
are authorized under Texas Water Code, (TWC), §5.102, which provides
the commission the general powers to carry out duties under the TWC; and §5.103,
which provides the commission with the authority to adopt any rules necessary
to carry out the powers and duties under the provisions of the TWC and other
laws of this State. In addition, TWC, §26.011 states that the commission
shall administer the provisions of this chapter and shall establish the level
of quality to be maintained in and shall control the quality of the water
in the State. Finally, TWC, §26.121 provides that no person may discharge
sewage, municipal waste, recreational waste, agricultural waste, or industrial
waste into or adjacent to any water in the state or commit any other act or
engage in any other activity which in itself or in conjunction with any other
discharge or activity causes, continues to cause, or will cause pollution
of any water in the state.
The rules in Chapter 210 are needed to continue to require reclaimed water
quality criteria and design and operational requirements for the reuse of
reclaimed water. The requirements will continue to encourage and facilitate
the reuse of treated domestic wastewater effluent from municipal wastewater
treatment facilities and treated industrial wastewater effluent from industrial
facilities for beneficial purposes. The rules will continue to assist in the
conservation of surface water and groundwater, ensure the protection of public
health, protect the quality of surface water and groundwater, and help ensure
an adequate supply of water for present and future needs. These sections do
not affect any current requirements necessitating the need for a water right
or amendment, if applicable to a particular reclaimed water use or activity.
Chapter 210 will continue to establish criteria for the authorization of
reclaimed water activities. The sections will protect the health of persons
who might normally come into contact with reclaimed water; protect against
adverse effects from reclaimed water should crops be irrigated with reclaimed
water; and ensure that the conveyance, storage, and use of reclaimed water
will not cause adverse effects to surface water, groundwater, and soil resources.
This review will not modify, in any way, the requirements for the producer,
provider, and/or user to hold the appropriate water rights relating to the
use of state water.
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 this preliminary review of the rules in Chapter 210. 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 2003-004-210-WT. Comments must
be received in writing by 5:00 p.m., April 28, 2003. For further information
or questions concerning this proposal, please contact Clifton Wise, Policy
and Regulations Division, at (512) 239-2263.
TRD-200301777
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: March 17, 2003
The Texas Commission on Environmental Quality (commission) files this notice
of intention to review and proposes the readoption of Chapter 330, Municipal
Solid Waste, without any changes. Any updates, consistency issues, or other
changes, if needed, will be addressed in a separate rulemaking
This review of Chapter 330 is proposed in accordance with the requirements
of Texas Government Code, §2001.039, 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 330 implements state and federal statutory requirements and federal
regulatory requirements for the management of municipal solid waste so as
to provide for protection of human health and the environment.
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 330 continue to exist. The rules are primarily needed
to implement provisions of Texas Health and Safety Code (THSC), Chapter 361,
Solid Waste Disposal Act. Chapter 330 provides necessary provisions to carry
out the statutory mandates to regulate municipal solid waste. The rules also
implement provisions of THSC, Chapter 341, Minimum Standards of Sanitation
and Health Protection Measures; THSC, Chapter 363, Municipal Solid Waste;
and THSC, Chapter 382, Clean Air Act. The rules are based on the aforementioned
statutes, the rulemaking power granted the commission under Texas Water Code
(TWC), Chapter 5, and the commission's responsibilities for protecting water
quality under TWC, Chapter 26.
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 this preliminary review of the rules in Chapter Chapter 330. 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 2003-010-330-
WS. Comments must be received in writing by 5:00 p.m., April 28, 2003. For
further information or questions concerning this proposal, please contact
Ray Henry Austin, Policy and Regulations Division, at (512) 239-6814.
TRD-200301735
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: March 13, 2003
Title 16, Part 1
The Railroad Commission of Texas ("Commission") files this notice of intention
to review §3.107, relating to Texas Experimental Research and Recovery
Activity (TERRA). As part of this review process but in a separate proposal,
the Commission has proposed the repeal of §3.107 because the statute
authorizing this program Chapter 93 of the Texas Natural Resources Code, no
longer exists. This chapter was repealed by Section 76, Senate Bill 310, 77th
Legislature (2001).
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; online at www.rrc.state.tx.us/rules/commentform.html; or
by electronic mail to rulescoordinator@rrc.state.tx.us. The Commission will
accept comments for 30 days after publication in the
Texas Register
and should refer to Oil and Gas Docket No. 20- 0216753.
For further information, call Leslie Savage at (512) 463-7308. The status
of Commission rulemakings in progress is available at www.rrc.state.tx.us/rules/proposed.html.
Issued in Austin, Texas, on March 11, 2003.
TRD-200301768
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Filed: March 17, 2003
Title 7, Part 7
The State Securities Board (Agency), beginning March 2003, will review
and consider for readoption, revision, or repeal Chapters 113, Registration
of Securities; 114, Federal Covered Securities; 123, Administrative Guidelines
for Registration of Open-End Investment Companies; 125, Minimum Disclosures
in Church and Nonprofit Institution Bond Issues; 135, Industrial Development
Corporations and Authorities; and 137, Administrative Guidelines for Regulation
of Offers, in accordance with Texas Government Code, Section 2001.039. The
rules to be reviewed are located in Title 7, Part 7, of the Texas Administrative
Code.
The assessment made by the Agency at this time indicates that the reasons
for readopting these chapters continue to exist.
The Agency's Board 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 Agency's Board after reviewing the
rules and considering the comments received in response to this notice will
appear in the "Rules Proposed" 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 David Weaver,
General Counsel, P.O. Box 13167, Austin, Texas 78711-3167, or sent by facsimile
to Mr. Weaver at (512) 305-8310. Comments will be reviewed and discussed in
a future Board meeting.
TRD-200301795
Denise Voigt Crawford
Securities Commissioner
State Securities Board
Filed: March 18, 2003
Title 31, Part 10
The Texas Water Development Board (the Board) files this notice of intent
to review 31 TAC, Part X, Chapter 359, Water Banking, in accordance with the
Texas Government Code, §2001.039. The Board finds that the reason for
adopting the chapter continues to exist. The Board concurrently proposes amendments
to §359.2, Definitions, and §359.14, Fees. The amendments will update
a definition and change the requirement for approval of the fee schedule from
two years, to an as needed basis.
As required by the Texas Government Code §2001.039, the Board will
accept comments and make a final assessment regarding whether the reason for
adopting each of the rules in 31 TAC Chapter 359 continues to exist. The comment
period will last 30 days beginning with the publication of this notice of
intent to review.
Comments or questions regarding this rule review may be submitted to Suzanne
Schwartz, General Counsel, Texas Water Development Board, P.O. Box 13231,
Austin, Texas, 78711-3231, by e-mail to suzanne.schwartz@twdb.state.tx.us
or by fax at (512) 463-5580.
TRD-200301823
Suzanne Schwartz
General Counsel
Texas Water Development Board
Filed: March 19, 2003
Railroad Commission of Texas
State Securities Board
Texas Water Development Board
Adopted Rule Review