Proposed Rule Reviews
State Seed and Plant Board
Title 4, Part 5
The State Seed and Plant Board of the Texas Department of Agriculture
(the department) proposes to review Title 4, Texas Administrative Code, Part
5, Chapter 81, concerning Certification Procedures and Chapter 82, concerning
Administrative Procedures, pursuant to the Texas Government Code, §2001.039.
Section 2001.039 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 original justification for the rules continues to exist.
The assessment of Title 4, Part 5, Chapters 81 and 82 by the State Seed
and Plant Board and the department at this time indicates that the reason
for adopting or readopting without changes all sections in Chapters 81 and
82 continues to exist.
The State Seed and Plant Board and the department are accepting comment
on the review of Chapters 81 and 82. Comments on the review may be submitted
within 30 days following the publication of this notice in the
Texas Register
to Kelly Book, Deputy Assistant Commissioner for Regulatory
Programs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas
78711.
TRD-200404290
Dolores Alvarado Hibbs
Deputy General Counsel, Texas Department of Agriculture
State Seed and Plant Board
Filed: June 29, 2004
Title 28, Part 2
The Texas Workers' Compensation Commission files this notice of intention
to review the rules contained in Chapter 116 concerning General Provisions-Subsequent
Injury Fund. This review is pursuant to the General Appropriations Act, Article
IX, §167, 75th Legislature, the General Appropriations Act, Section 9-10,
76th Legislature, and Texas Government Code §2001.039 as added by SB-178,
76th Legislature.
§116.11. Request for Reimbursement or Refund from the Subsequent Injury
Fund.
§116.12. Subsequent Injury Fund Payment/Reimbursement Schedule.
The agency's reason for adopting the rules contained in this chapter continues
to exist and it proposes to readopt these rules. Comments regarding whether
the reason for adopting these rules continues to exist must be received by
5:00 p.m. on July 9, 2004 and submitted to Linda Velásquez, Legal Services,
Office of General Counsel, MS 4-D, Texas Workers' Compensation Commission,
7551 Metro Center Drive, Suite 100, Austin, Texas 78744-1609.
TRD-200404269
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Filed: June 28, 2004
Texas Building and Procurement Commission
Title 1, Part 5
The Texas Building and Procurement Commission adopts the review of Chapter
117 concerning the Support Services Division. The proposed notice was published
in the May 7, 2004 edition of the
Texas Register
(29 TexReg 4555). During the review the Commission determined that
the initial reasons for adopting these sections continue to exist. The rules
are therefore readopted in accordance with the requirements of the Government
Code, §2001.039.
As part of the review process but in a separate proposal, the Texas Building
and Procurement Commission has proposed the following rule changes: amendments
to Subchapter D, §117.61 and the repeals of Subchapter B, §117.41
and Subchapter C, §117.51 which have been filed simultaneously with this
rule review and readoption. This concludes the Commission's review of Chapter
117 as required by the Texas Government Code, §2001.039.
TRD-200404204
Cynthia de Roch
General Counsel
Texas Building and Procurement Commission
Filed: June 23, 2004
Title 30, Part 1
The Texas Commission on Environmental Quality (commission) adopts the rules
review and readopts Chapter 331, Underground Injection Control, 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 March 19, 2004 issue of the
Texas Register
(29
TexReg 2929).
CHAPTER SUMMARY
Chapter 331 provides for the regulation of injection wells consistent with
federal requirements and state statutes. Subchapter A requires permits or
provides for permits by rule for all injection wells in Texas, and provides
for registration of certain pre-injection units. Subchapter C provides standards
for mechanical integrity, corrective action, closure, and pond liners, as
well as executive director approval of construction or completion of injection
wells, and commission waivers for Class III and Class V injection wells. Subchapter
D provides construction standards and requirements for operating injection
wells, monitoring and testing, recordkeeping, reporting, and post-closure
care for Class I wells other than salt cavern solid waste disposal wells.
Subchapter E provides construction, operating, monitoring, reporting, and
closure requirements for Class III injection wells. Subchapter F establishes
additional standards for Class III well injection activities regarding the
development of production or other areas authorized by an area permit or production
area authorization, including standards for the confinement of mining solutions,
production area monitor wells, establishment of baseline and restoration values,
monitoring standards, remedial action for excursion, and restoration. Subchapter
G sets forth the criteria that the commission must consider before approving
authorizations for injection wells. Subchapter H provides standards for Class
V injection wells, including standards for construction and closure. Subchapter
I provides the requirements for financial assurance. Subchapter J provides
additional standards and requirements for Class I salt cavern solid waste
disposal wells, including standards for performance and construction of both
wells and salt caverns and requirements for operation, monitoring and testing,
recordkeeping, reporting, closure, post-closure care, and other issues. Subchapter
K sets forth additional standards and requirements for Class V aquifer storage
wells, including standards for construction and closure and requirements for
operation, monitoring, and reporting, and additional requirements necessary
for final project authorization.
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 331 continue to exist. The rules are needed as the basis
for federal authorization of the state Underground Injection Control program
consistent with the Safe Drinking Water Act and to maintain the quality of
fresh water in the state. Within the commission's jurisdiction, the rules
implement 40 Code of Federal Regulations Parts 144 and 146 and applicable
rules in Part 264, including the criteria in §144.6 for classifying injection
wells into Classes I, II, III, IV, and V. The rules implement Texas Water
Code, Chapter 27; applicable parts of Texas Health and Safety Code, Chapter
361; and the Memorandum of Understanding between the commission and the Texas
Department of Health adopted by reference in 30 TAC §7.118.
PUBLIC COMMENT
The public comment period closed on April 19, 2004. No comments were received.
TRD-200404265
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: June 28, 2004
The Texas Commission on Environmental Quality (commission) adopts the rules
review and readopts Chapter 335, Industrial Solid Waste and Municipal Hazardous
Waste, without changes, 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. The
notice of intention to review was published in the March 19, 2004 issue of
the
Texas Register
(29 TexReg 2927).
CHAPTER SUMMARY
Chapter 335 is a recodification of rules which were initiated in 1970 with
the adoption of regulations concerning industrial solid waste by the Texas
Water Quality Board under the Texas Solid Waste Disposal Act, 61st Legislature,
1969. These initial rules established: design criteria and permit requirements
for commercial disposal operations; the basic policy that waste generators
are responsible for assuring that their waste is properly and safely disposed
of; and requirements for a certificate of registration whereby each noncommercial
industrial solid waste facility's compliance status would be established and
regularly reviewed.
Subsequent regulatory development came in 1975, when the Texas Water Quality
Board revised its industrial solid waste regulations to establish uniform
performance standards for all disposal operations. The 1975 amendments prohibited:
discharge of industrial solid waste to groundwater or surface water; the creation
of any nuisance or public health problems; and disposal at unauthorized locations.
Also, these amendments called for the development of technical guidelines
outlining recommended technical standards for various methods of industrial
solid waste storage and disposal, and established shipping control requirements
for a certain category of industrial solid waste.
The 65th Legislature, 1977, amended the Texas Solid Waste Disposal Act
to require permits for all waste storage, processing, and disposal facilities
that would manage waste identified as hazardous waste by the administrator
of the United States Environmental Protection Agency (EPA). Then, after the
identification of hazardous waste by EPA in 1980, the Texas Department of
Water Resources adopted rules implementing this statutory permit requirement.
These rules also set forth hazardous solid waste management requirements patterned
after the hazardous waste regulations promulgated by the EPA. Successor agencies
to the Texas Department of Water Resources, the Texas Water Commission, the
Texas Natural Resource Conservation Commission, and the Texas Commission on
Environmental Quality, have amended Chapter 335 over the subsequent years
to update its hazardous waste rules and to implement various state statutory
mandates and commission initiatives.
The standards within Chapter 335 include requirements and provisions relating
to permitting, technical guidelines, general prohibitions, deed recordation,
notification, financial assurance, closure, remediation, recordkeeping, reporting,
shipping, variances, and sharing of information. In addition, Chapter 335
contains standards relating to owners and operators, generators, transporters,
interim status, location, recycling, universal waste, military munitions,
open dumps, fees, hazardous substance facilities assessment and remediation,
pre-application review, household waste, hazardous waste land disposal restrictions,
warning signs, pollution prevention, waste classification, and risk reduction.
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 335 continue to exist. The rules are needed to accomplish
the purposes of Texas Health and Safety Code (THSC), Chapter 361. Section
361.017(b) states, "[t]he commission shall accomplish the purposes of this
chapter by controlling all aspects of the management of industrial solid waste
and hazardous municipal waste by all practical and economically feasible methods
consistent with its powers and duties under this chapter and other law." Section
361.024(a) states, "[t]he commission may adopt rules consistent with this
chapter and establish minimum standards of operation for the management and
control of solid waste under this chapter." The rules are also needed to maintain
authorization granted by the EPA under the Resource Conservation and Recovery
Act to implement hazardous waste program elements in lieu of the EPA, in accordance
with grant commitments.
PUBLIC COMMENT
The public comment period closed on April 12, 2004. No comments were received.
TRD-200404264
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: June 28, 2004
Title 43, Part 1
Notice of Readopted Rule: In accordance with Government Code, §2001.039,
the Texas Department of Transportation (department) readopts Title 43, TAC,
Part 1, Chapter 5, Finance; Chapter 15, Transportation Planning and Programming;
and Chapter 27, Toll Projects. This concludes the review of Chapters 5, 15,
and 27.
The proposed review was published in the April 9, 2004, issue of the
TRD-200404263
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: June 28, 2004
Texas Workers' Compensation Commission
Adopted Rule Reviews
Texas Commission on Environmental Quality
Texas Department of Transportation