Title 22, Part 15

The Texas State Board of Pharmacy files this notice of intent to review Chapter 291, Subchapter A, (§291.21), concerning Notification to Consumers, pursuant to the Texas Government Code §2001.039, regarding Agency Review of Existing Rules.

Comments regarding whether the reason for adopting the rule continues to exist, may be submitted to Allison Benz, R.Ph., M.S., Director of Professional Services, Texas State Board of Pharmacy, 333 Guadalupe Street, Suite 3-600, Box 21, Austin, Texas, 78701, FAX 512/305-8082. Comments must be received by 5 pm, July 26, 2004.

TRD-200403858

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Filed: June 14, 2004

The Texas State Board of Pharmacy files this notice of intent to review Chapter 291, Subchapter D, (§§291.71 - 291.76), concerning Institution Pharmacy (Class C), pursuant to the Texas Government Code §2001.039, regarding Agency Review of Existing Rules.

Comments regarding whether the reason for adopting the rule continues to exist, may be submitted to Allison Benz, R.Ph., M.S., Director of Professional Services, Texas State Board of Pharmacy, 333 Guadalupe Street, Suite 3-600, Box 21, Austin, Texas, 78701, FAX 512/305-8082. Comments must be received by 5 pm, July 26, 2004.

TRD-200403857

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Filed: June 14, 2004

The Texas State Board of Pharmacy files this notice of intent to review Chapter 295, §295.11, concerning Notification to Consumers, pursuant to the Texas Government Code §2001.039, regarding Agency Review of Existing Rules.

Comments regarding whether the reason for adopting the rule continues to exist, may be submitted to Allison Benz, R.Ph., M.S., Director of Professional Services, Texas State Board of Pharmacy, 333 Guadalupe Street, Suite 3-600, Box 21, Austin, Texas, 78701, FAX 512/305-8082. Comments must be received by 5 pm, July 26, 2004.

TRD-200403859

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Filed: June 14, 2004

Title 7, Part 7

The State Securities Board (Agency), beginning June 2004, will review and consider for readoption, revision, or repeal Chapter 115, Securities Dealers and Agents, and Chapter 116, Investment Advisers and Investment Adviser Representatives, in accordance with Texas Government Code, §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 "Proposed Rules" 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-200403828

Denise Voigt Crawford

Securities Commissioner

State Securities Board

Filed: June 10, 2004

Title 30, Part 1

The Texas Commission on Environmental Quality (commission) adopts the rule review and readopts Chapter 117, Control of Air Pollution from Nitrogen Compounds, without changes, in accordance with Texas Government Code, §2001.039, that requires state agencies to review and consider for readoption each of their rules every four years. This 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 117 provides for the control of air pollution from nitrogen sources. Subchapter A (Definitions) provides definitions for the chapter as a whole and for the various programs under the chapter.

Subchapter B (Combustion at Major Sources) is divided into four divisions. Division 1 (Utility Electric Generation in Ozone Nonattainment Areas) covers nitrogen oxides (NO _x ) emissions from utility electric power generation facilities that are major emission sources in the Beaumont/Port Arthur (Hardin, Jefferson, and Orange Counties), Dallas/Fort Worth (Collin, Dallas, Denton, and Tarrant Counties), and Houston/Galveston (Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties) ozone nonattainment areas. These sources include utility boilers, auxiliary steam boilers, stationary gas turbines, and duct burners used in turbine exhaust ducts. Division 2 (Utility Electric Generation in East and Central Texas) covers NO _x emissions from utility electric generation facilities that are major emission sources in an additional 32 counties (Atascosa, Bastrop, Bexar, Brazos, Calhoun, Cherokee, Fannin, Fayette, Freestone, Goliad, Gregg, Grimes, Harrison, Henderson, Hood, Hunt, Lamar, Limestone, Marion, McLennan, Milam, Morris, Nueces, Parker, Red River, Robertson, Rusk, Titus, Travis, Victoria, and Wharton) in eastern and central Texas. Provisions in §117.134 (Gas-Fired Steam Generation) also apply to facilities in Palo Pinto County. These sources include utility electric power boilers, stationary gas turbines, and duct burners used in turbine exhaust ducts that were placed into service before December 31, 1995. Division 3 (Industrial, Commercial, and Institutional Combustion Sources in Ozone Nonattainment Areas) covers NO _x emissions from major industrial, commercial, and institutional emission sources in the Beaumont/Port Arthur, Dallas/Fort Worth, and Houston/Galveston ozone nonattainment areas. These sources include: industrial, commercial, and institutional boilers and process heaters; stationary gas turbines; stationary internal combustion engines; fluid catalytic cracking units (including carbon monoxide boilers and furnaces, and catalyst regenerator vents); boilers and industrial furnaces that were regulated as existing facilities by the United States Environmental Protection Agency in 40 Code of Federal Regulations Part 266, Subpart H; duct burners used in turbine exhaust ducts; pulping liquor recovery furnaces; lime kilns; lightweight aggregate kilns; heat treating and reheat furnaces; magnesium chloride fluidized bed dryers; and incinerators. Division 4 (Cement Kilns) covers NO _x emissions from portland cement kilns that are major emission sources in Bexar, Comal, Ellis, Hays, and McLennan Counties that were placed into service before December 31, 1999.

Subchapter C (Acid Manufacturing) is divided into three divisions. Division 1 (Adipic Acid Manufacturing) covers NO _x emissions from adipic acid manufacturing facilities located in the Beaumont/Port Arthur and Houston/Galveston ozone nonattainment areas. Division 2 (Nitric Acid Manufacturing--Ozone Nonattainment Areas) covers NO _x emissions from nitric acid manufacturing facilities located in the Beaumont/Port Arthur and Houston/Galveston ozone nonattainment areas. Division 3 (Nitric Acid Manufacturing--General) covers NO _x emissions from nitric acid manufacturing facilities located throughout the state except for those facilities located in the Beaumont/Port Arthur and Houston/Galveston ozone nonattainment areas.

Subchapter D (Small Combustion Sources) is divided into two divisions. Division 1 (Water Heaters, Small Boilers, and Process Heaters) covers NOx emissions from natural gas-fired water heaters, boilers, and process heaters with a maximum rated capacity of 2.0 million British thermal units per hour or less; and applies to manufacturers, distributors, retailers, and installers of these units throughout the state. These rules do not apply to: units using a fuel other than natural gas; units used in recreational vehicles; units with a maximum rated capacity of 75,000 British thermal units per hour or less that are used exclusively to heat swimming pools and hot tubs; units manufactured for shipment and use outside of Texas; and to units that the manufacturer or distributor can demonstrate are intended for shipment and use outside of Texas and that the manufacturer or distributor has taken reasonable prudent precautions to assure that the units are distributed for sale in Texas. Division 2 (Boilers, Process Heaters, and Stationary Engines and Gas Turbines at Minor Sources) covers minor source NO _x emissions from boilers and process heaters; stationary, reciprocating internal combustion engines; and stationary gas turbines, including duct burners, in the Houston/Galveston ozone nonattainment area.

Subchapter E (Administrative Provisions) specifies the compliance schedules for the affected sources in Subchapters B - D, and allows owners and operators of each NO _x emitting unit that is not subject to 30 TAC Chapter 101, Subchapter H, Division 3 (Mass Emissions Cap and Trade Program) to meet emission control requirements in whole or in part by obtaining an emission reduction credit, mobile emission reduction credit, discrete emission reduction credit, or mobile discrete emission reduction credit in accordance with Chapter 101, Subchapter H, Division 1 or 4. Finally, Subchapter E allows owners and operators of each NO _x emitting unit that is not subject to Chapter 101, Subchapter H, Division 3, to meet emission control requirements by obtaining emission reductions generated from the Texas Emissions Reduction Plan.

ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The commission conducted a review of the rules under Chapter 117 and determined that the reasons for adopting these rules continue to exist. These rules are needed to control the formation of ground-level ozone through the reduction of NO _x emissions in ozone nonattainment and other affected counties. NO _x emissions are major contributors to the formation of ozone, and the rules contained in Chapter 117 are principal components of the commission's state implementation plan to attain the national ambient air quality standard for ozone. Texas currently has four areas that do not meet the one-hour ozone standard: Dallas/Fort Worth, El Paso, Houston/Galveston, and Beaumont/Port Arthur. Additionally, four other areas in the east and central part of the state (Austin, San Antonio, Tyler/Longview, and Corpus Christi) are classified as near nonattainment. The control of NO _x is an integral part of the ozone control strategy of the state.

The rules implement Texas Water Code, §5.102, that establishes the commission's general authority necessary to carry out its jurisdiction; §5.103, that authorizes the commission to adopt rules necessary to carry out its powers and duties; and §5.105, that authorizes the commission to set policy by rule. These rules also implement Texas Health and Safety Code, §382.002, that establishes the commission's purpose to safeguard the state air resources, consistent with the protection of public health, general welfare, and physical property; §382.011, that authorizes the commission to control the quality of the state's air; §382.012, that authorizes the commission to prepare and develop a general, comprehensive plan for the control of the state's air; §382.014, that authorizes the commission to require submission of information relating to NO _x emissions; §382.016, that authorizes the commission to prescribe requirements for owners or operators of NOx sources to make and maintain records of emissions measurements; §382.017, that authorizes the commission to adopt rules under the Texas Clean Air Act; §382.021, that authorizes the commission to prescribe the sampling methods and procedures; and §382.051(d), that authorizes the commission to adopt rules as necessary to comply with changes in federal law or regulations applicable to permits under Chapter 382. Section 117.571 specifically implements Senate Bill 5, 77th Texas Legislature, 2001, that created Texas Health and Safety Code, Chapter 386, Texas Emissions Reduction Program. Chapter 386 authorizes the commission to develop and implement a grants program to reduce NO _x from diesel engines in affected and nonattainment counties; and §386.056 authorizes the commission to allow alternative methods of compliance with air pollution regulations.

In addition, Chapter 117 implements the Federal Clean Air Act as codified in 42 United States Code (USC), §§7401 et seq . Specifically, this chapter implements §7409, National Primary and Secondary Ambient Air Quality Standards; §7410, State Implementation Plans for National Primary and Secondary Ambient Air Quality Standards; §7410(a)(2)(A), that requires state implementation plans to include enforceable emissions limitations and other control measures or techniques, including economic incentives such as fees, marketable permits, and auction of emission rights; §7502(a)(2), Attainment Dates for Nonattainment Areas; §7511a, Plan Submission and Requirements; §7511(f), that requires that reasonably available NOx control technology be applied to all major NOx sources in ozone nonattainment areas, unless a demonstration is made that NO _x reductions would not contribute to, nor be necessary for, attainment of the ozone standard; and 40 Code of Federal Regulations, Part 51, Subpart U, Economic Incentive Programs, §51.121, Findings and Requirements for Submission of State Implementation Plans Revisions Relating to Emissions of Oxides of Nitrogen.

PUBLIC COMMENT

The public comment period closed on April 19, 2004. No comments were received.

TRD-200403831

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: June 10, 2004

Title 22, Part 9

The Texas State Board of Medical Examiners adopts the review of Chapter 177, (§§177.1-177.16), concerning Certification of Non-Profit Organizations, pursuant to the Texas Government Code, §2001.039.

The proposed review was published in the April 23, 2004, issue of the Texas Register (29 TexReg 3979).

No comments were received regarding adoption of the rule review.

The agency's reason for adopting the rules contained in this chapter continues to exist.

This concludes the review of Chapter 177, Certification of Non-Profit Organizations.

TRD-200403874

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Filed: June 14, 2004

The Texas State Board of Medical Examiners adopts the review of Chapter 185, (§§185.1-185.25), concerning Physician Assistants, pursuant to the Texas Government Code, §2001.039.

The proposed review was published in the April 23, 2004, issue of the Texas Register (29 TexReg 3979).

No comments were received regarding adoption of the rule review.

The agency's reason for adopting the rules contained in this chapter continues to exist.

This concludes the review of Chapter 185, Physician Assistants.

TRD-200403875

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Filed: June 14, 2004

Title 25, Part 2

The Texas Department of Mental Health and Mental Retardation (TDMHMR) readopts Texas Administrative Code Title 25, Part 2, Chapter 419, Subchapter D, concerning Home and Community-based Services (HCS) Program. The notice of review was published in the March 26, 2004, issue of the Texas Register (29 TexReg 3240).

TDMHMR concluded after a review of the rules that the reasons for initially adopting the subchapter continue to exist. Based on that conclusion, TDMHMR readopts the subchapter.

No public comments were received regarding the review.

The rules are readopted in accordance with the Texas Government Code, §2001.039, which requires the Texas Board of Mental Health and Mental Retardation (board) to review and consider for readoption each of its rules every four years; and the Texas Health and Safety Code, §532.015(a), which provides the board with broad rulemaking authority for mental health and mental retardation services.

TRD-200403853

Rodolfo Arredondo

Chairman, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: June 14, 2004