Agency Rule Review Plan--Revised
Texas Veterans Commission
Title 40, Part 15
TRD-200303035
Filed: May 16, 2003
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. Texas Department of Health, §123.3. Respiratory Care Practitioners
Advisory Committee, and §143.3. Medical Radiologic Technologist Advisory
Committee.
This review is in accordance with the requirements of the Texas Government
Code, §2001.039 regarding agency review of existing rules.
An assessment will be made by the department as to whether the reasons
for adopting or readopting these rules continues 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to determine whether it is obsolete, whether the rule reflects current legal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 committee.
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 committee.
TRD-200303113
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: May 19, 2003
Texas Commission on Environmental Quality
Title 30, Part 1
The Texas Commission on Environmental Quality (commission) adopts the rules
review and readopts Chapter 350, Texas Risk Reduction Program,
without changes
, in accordance with 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. The notice of intention to review
was published in the February 14, 2003 issue of the
Texas Register
(28 TexReg 1533).
CHAPTER SUMMARY
Chapter 350 includes information and procedures necessary to demonstrate
compliance with the Texas Risk Reduction Program. Chapter 350 outlines requirements
for remedy standards to satisfy cleanup responsibilities at affected properties,
including the relocation of soils containing chemicals of concern (COC) for
reuse purposes; requirements for conducting property assessments, including
groundwater resource classification, land use classification, notification
requirements, and data acquisition and reporting requirements; requirements
for establishing protective concentration levels of COC that can remain and
still be protective of human and ecological health; requirements for affected
property assessment reports, self-implementations notices, response action
effectiveness reports, response action plans, response action completion reports,
and post-response action care reports; requirements for the use of institutional
controls which includes the filing/recording of a deed notice and Voluntary
Cleanup Program certificate of completion; and requirements for establishing
a facility operations area which addresses multiple sources of COCs, within
an operational chemical or petroleum manufacturing plant, that is required
to perform corrective action.
ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST
The commission conducted a review and determined that the reasons for the
rules in Chapter 350 continue to exist. The rules are needed to provide a
consistent corrective action process directed toward protection of human health
and the environment balanced with the economic welfare of the citizens of
the state. The rules are based on the Texas Solid Waste Disposal Act, Texas
Health and Safety Code, Chapter 361, 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
A public hearing was not held for this rules review. The comment period
closed March 14, 2003. No comments were received.
TRD-200303121
Stephanie Bergeron
Director Environmental Law Division
Texas Commission on Environmental Quality
Filed: May 20, 2003
Title 16, Part 4
The Texas Department of Licensing and Regulation (Department) readopts,
without changes, 16 TAC Chapter 65, Boilers: §§65.1, 65.10, 65.20,
65.30, 65.50, 65.60, 65.65, 65.70, 65.80, 65.90, and 65.100 in accordance
with the Texas Government Code, §2001.039. The proposed rule review was
published in the April 11, 2003, issue of the
Texas
Register
(28 TexReg 3089).
The comment period on the proposal and review closed May 11, 2003. No comments
were received regarding re-adoption of this chapter.
Texas Government Code, §2001.039 requires state agencies to review
and consider for re-adoption rules adopted under the Administrative Procedures
Act. The review must include, at a minimum, an assessment that the reason
for the rules continues to exist. The Department has conducted a review of
the rules in Chapter 65 and determined that the rules are still essential
in effectuating the provisions of the Health and Safety Code, Chapter 755,
which gives the Department the authority to promulgate and enforce a code
of rules and take all action required to assure compliance with the intent
and purpose of the Code.
TRD-200303019
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: May 15, 2003
Title 25, Part 2
The Texas Department of Mental Health and Mental Retardation (department)
adopts the review of Texas Administrative Code, Title 25, Part 2, Chapter
419, Subchapter Q, concerning enrollment of Medicaid waiver program providers.
The notice of intention to review was published in the March 21, 2003, issue
of the
Texas Register
(28 TexReg 2363).
No comments were received regarding the review. The department has reviewed
the rules in Chapter 419, Subchapter Q, and has determined that the reasons
for originally adopting the rules continue to exist. The rules in Chapter
419, Subchapter Q, are readopted in accordance with the Texas Government Code, §2001.039,
which requires the Texas Mental Health and Mental Retardation Board to review
and consider for readoption each of its rules every four years, and under
the department's broad rulemaking authority for mental health and mental retardation
services pursuant to Texas Health and Safety Code, §532.015(a).
TRD-200303032
Rudy Arredondo
Chair, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Filed: May 16, 2003
Title 40, Part 15
The Texas Veterans Commission adopts the review of Chapter 450 "Veterans
County Service Officers Certification of Training," Chapter 451 "Veterans
County Service Officers Accreditation," and Chapter 452 "Administrative General
Provisions" pursuant to the Texas Government Code, §2001.039, regarding
Agency Review of Existing Rules.
The proposed review was published in the February 14, 2003, issue of the
No comments were received regarding adoption of the rule review.
The agency finds the reason for adopting the rules continues to exist.
TRD-200303034
James E. Nier
Executive Director
Texas Veterans Commission
Filed: May 16, 2003
Title 31, Part 10
Pursuant to the notice of proposed rule review published in the April 4,
2003 issue of the
Texas Register
, (28 TexReg
2919), the Texas Water Development Board (board) has reviewed and considered
for readoption, revision or repeal 31 TAC, Part 10, Chapter 359, Water Banking,
in accordance with the Texas Government Code, §2001.039.
The board considered, among other things, whether the reasons for adoption
of these rules continues to exist. No comments were received on the proposed
rule review.
As a result of the review, the board determined that the rules are still
necessary and readopts the sections because they establish and administer
the Texas Water Bank in accordance with the Texas Water Code, Chapter 15,
Subchapter K. As a result of the review, the board adopts amendments to §359.2,
Definitions, and §359.14, Fees. This completes our review of Chapter
359.
TRD-200303163
Suzanne Schwartz
General Counsel
Texas Water Development Board
Filed: May 21, 2003
Proposed Rule Review
Adopted Rule Reviews
Texas Department of Licensing and Regulation
Texas Department of Mental Health and Mental Retardation
Texas Veterans Commission
Texas Water Development Board