Proposed Sections Before an agency may permanently adopt a new or amended section, or repeal an existing section, a proposal detailing the action must be published in the Texas Register at least 30 days before any action may be taken. The 30-day time period gives interested persons an opportunity to review and make oral or written comments on the section. Also, in the case of substantive sections, a public hearing must be granted if requested by at least 25 persons, a governmental subdivision or agency, or an association having at least 25 members. Symbology in proposed amendments. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 25. HEALTH SERVICES Part II. Texas Department of Mental Health and Mental Retardation Chapter 404. Protection of Clients and Staff Subchapter D. Abuse, Neglect, and Exploitation of Persons in Boarding Homes Registered by MHMRAs 25 TAC sec.sec.404.101-404.107 (Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Mental Health and Mental Retardation or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Department of Mental Health and Mental Retardation (TDMHMR) proposes the repeal of sec.sec.404.101-404.107, concerning abuse, neglect, and exploitation of persons in boarding homes registered by MHMRAs. Senate Bill 865 of the 72nd Texas Legislature provides that, effective September 1, 1991, the responsibility for investigating allegations of abuse, neglect, and exploitation of elderly and disabled residents of personal care facilities will be assumed by the Texas Department of Health. Leilani Rose, director, financial services, has determined that for the first five-year period the repeals are in effect there will be a savings of $10,000 to TXMHMR and local mental health authorities. There is no anticipated local economic impact. William H. Reid, M.D., M.P.H., medical director, has determined that for each of the first five years the repeals are in effect the public benefit anticipated as a result of enfocing the repeals will be the removal of outdated rules from the Texas Administrative Code. There is no anticipated economic cost to persons who are required to comply with the sections as proposed. Comments on the proposal may be submitted to Linda Logan, director, Policy Development, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668, within 30 days of publication. The repeals are proposed under Texas Civil Statutes, Article 5547-202, sec.2. 11, which provide the Texas Board of Mental Health and Mental Retardation with rulemaking powers. sec.404.101. Purpose. sec.404.102. Application. sec.404.103. Definitions. sec.404.104. Investigations of Allegations of Abuse, Neglect, or Exploitation. sec.404.105. Dissemination of Information. sec.404.106. References. sec.404.107. Distribution. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on September 17, 1991. TRD-9111458 Ann Utley Chairman Texas Board of Mental Health and Mental Retardation Earliest possible date of adoption: October 25, 1991 For further information, please call: (512) 465-4670 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part III. Texas Air Control Board Chapter 120. Control of Air Pollution from Hazardous Waste and Solid Waste Management Facilities Subchapter A. Facility Permit Requirements 31 TAC sec.sec.120.1, 120.3, 120.11, 120.13, 120.15, 120.21 The Texas Air Control Board (TACB) proposes amendments to sec.sec.120.1, 120.3, 120.11, 120.13, 120.15, 120.21, and new sec.sec.120.101, 120.103, and 120.105- 120. 110, to reorganize and add a new subchapter to Regulation X concerning control of air pollution from hazardous waste or solid waste management facilities. The subchapter will be added by reorganizing the existing regulation into two subchapters. Subchapter A, concerning facility permit requirements, will incorporate the previous rule language. The proposed new Subchapter B, concerning pollution prevention: source reduction and waste minimization, has been developed to satisfy requirements of Senate Bill (S.B.) 1099, passed by the 72nd Texas State Legislature. The revised Subchapter A, consists of previously adopted rule language which remains unchanged except that all references to "chapter" are corrected to read "subchapter." The new proposed Subchapter B, adds several sections to implement the statutory requirements of S.B. 1099, referred to as the Waste Reduction Policy Act of 1991. The new proposed sec.120.101, concerning definitions, adds new definitions applicable to source reduction and waste minimization. The new proposed sec.120.102, concerning pollutants and contaminants, lists the categories of pollutants and contaminants that will be subject to this subchap- ter. The new proposed sec.120.103, concerning applicability, defines which facilities will be affected by this subchapter. The new proposed sec.120.105, concerning source reduction and waste minimization plans, establishes the requirement for a source reduction and waste minimization plan, details components of the plan, and describes the requirements for an executive summary of the plan. The new proposed sec.120.106, concerning reporting and recordkeeping, outlines the elements required for the annual report. The new proposed sec.120.107, concerning exemptions, defines which facilities are exempt from the requirements and also establishes the circumstances under which facilities currently covered by this subchapter may apply for an exemption. The new proposed sec.120.108, concerning enforcement, covers administrative completeness requirements of the plan or annual report and establishes that failure to develop a plan or submit an annual report constitutes a violation of the Waste Reduction Policy Act of 1991. The new proposed sec.120.109, concerning compliance schedules, develops a prioritized schedule by which affected facilities must have a source reduction and waste minimization plan in place. The new proposed sec.120.110, concerning confidentiality, establishes that the source reduction and waste minimization plan is not public record; however, both the executive summary and the annual report are public records. Bennie Engelke, director of administrative services, has determined that for the first five-year period the sections are in effect the fiscal implications for additional TACB staffing to review plans are as follows: 1992-$0; 1993-$50,000; 1994 -$75,000; and 1995 and 1996-$100,000 (per year). The Texas Water Commission will also require additional staffing. There will be no fiscal implications for local government or for small businesses which do not generate a reportable quantity of hazardous waste or fall under toxic release inventory reporting. Lane Hartsock, director of the Planning and Development Program, also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be a significant reduction in the amount of waste produced and entering the environment. There is no anticipated economic cost to persons who are required to comply with the sections as proposed. Joint public hearings on this proposal are scheduled for the following times and locations: October 14, Austin, TACB Auditorium 12124 Park 35 Circle-7 p.m.; October 16, Dallas, Dallas Public Library, 1515 Young Street- 2 p.m.; and October 16, Houston, City of Houston, Pollution Control Building Auditorium, 7411 Park Place Boulevard-7 p.m. Public comment, both oral and written, on the proposed changes is invited at the hearing. Written comments not presented at the hearing may be submitted to the TACB central office in Austin prior to and including October 25, 1991. Material received by the Regulation Development Section by 4 p.m. on that date will be considered by the board prior to any final action on the proposed revisions. Copies of the proposed revisions are available at the central office of the TACB located at 12124 Park 35 Circle, Austin, Texas 78753, and at all TACB regional offices. For further information, contact Dwayne Meckler at (512) 908-1487. The amendments are proposed under the Texas Clean Air Act (TCAA), Texas Health and Safety Code, sec.382.017 (Vernon 1990), which provides TACB with the authority to adopt rules consistent with the policy and purposes of the TCAA. sec.120.1. Definitions. The words and terms used in this subchapter
    [chapter] have the meanings as given in the Solid Waste Disposal Act, Texas Civil Statutes, Article 4477-7, or the regulations promulgated thereunder. Unless specifically defined in the Solid Waste Disposal Act or the regulations promulgated thereunder, the terms used in this subchapter
      [chapter] have the meanings commonly ascribed to them in the field of air pollution control. The term "facility" as used in this subchapter
        [chapter] refers to a hazardous or solid waste management facility as defined in the solid Waste Disposal Act. The use of the term "modified" in this subchapter
          [chapter] is consistent with the term "modification" as defined in the Texas Clean Air Act. sec.120.3. Applicability. (a) This subchapter
            [chapter] applies to all hazardous waste or solid waste management facilities which are required to obtain a permit by the Texas Water Commission (TWC) pursuant to the Solid Waste Disposal Act, Texas Civil Statutes, Article 4477-7, sec.4(e)(4)(A)(i), except as provided in subsections (c)-(e) of this section. For purposes of this subchapter
              [chapter], "a facility in existence on or before September 1, 1987" refers to a hazardous waste management facility or hazardous waste land disposal facility that is used for the storage, processing, or disposal of hazardous waste and is authorized by a hazardous waste permit or is physically present and awaiting final action on an application submitted pursuant to sec. s335.2(c), 335.43(b), and 335.45(b) of this title (relating to Permit Required; Permit Required; and Effect on Existing Facilities), including any revisions made in accordance with sec.305.51 of this title (relating to Revision of Applications for Hazardous Waste Permits). (b) Hazardous or solid waste management facility units which otherwise would not be subject to TWC permitting requirements, but would be subject to the permitting requirements of Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification) and are located at waste management facilities which manage waste from off-site sources and are permitted by TWC after September 1, 1987, shall be regulated by the air quality permitting requirements of this subchapter
                [chapter]. (c) (No change.) (d) The air quality permitting requirements of this subchapter
                  [chapter] do not apply to facilities in existence on or before September 1, 1987, except for facility units which incinerate or burn hazardous or solid waste. (e) The air quality permitting requirements of this subchapter
                    [chapter] do not apply to the expansion of hazardous waste land disposal facilities in existence on or before September 1, 1987. sec.120.11. Permit Conditions.
                      Permits for facilities to which this subchapter
                        [chapter] applies may contain terms and conditions relating to air quality. The holders of such permits shall comply with any and all such terms and conditions. sec.120.13. Representations in Application for Permit.
                          All representations in an application for a Texas Water Commission (TWC) permit or a modification to a TWC permit regarding construction plans and operation procedures that may affect emissions from a facility to which this subchapter
                            [chapter] applies become conditions upon which a subsequent permit is issued. It shall be unlawful for any person to vary from such representations if the change may alter the method or efficiency of con- trolling the emissions, the character of the emissions, or may result in an increase in the emissions of any air contaminant, unless prior notification is made to TWC and the Texas Air Control Board (TACB) and such change is approved by the permitting agency. Any such change may be approved by the permitting agency only after TACB has reviewed the proposed change and has made its recommendation on the proposed change to the permitting agency. Such person shall submit to the executive director of TWC upon request such information as may reasonably be required to enable the executive director to determine whether such activity is compliant with Chapter 335 of this title (relating to Industrial Solid Waste and Municipal Hazardous Waste) and whether such change may be approved. Any information provided under this subsection shall be submitted to the executive director in duplicate form. sec.120.15. Responsibility for Review of Air Quality Impacts from Existing, New, and Modified Facilities. (a) Technical review. The Texas Air Control Board (TACB) shall be responsible for performing a technical review of the air quality aspects of any permit application submitted to the Texas Water Commission (TWC) for a solid waste or hazardous waste management facility to which this subchapter
                              [chapter] applies. The TACB shall complete such review and shall forward all recommendations or proposed permit provisions to TWC within the time limits established under Chapter 281 of this title (relating to Applications Processing) for completion of technical review of the application. All recommendations developed by TACB and forwarded to TWC shall be included in any permit issued unless TWC determines that the recommendation or proposed revisions are less stringent than applicable federal requirements under the Federal Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act, 42 United States Code sec.sec.6901 et seq, as amended. If permit provisions proposed by TACB conflict with provisions proposed by the TWC, the two agencies shall attempt to resolve such conflicts prior to completing technical review of the application. (b)-(d) (No change.) sec.120.21. General Air Emissions Requirements for Hazardous or Solid Waste Management Facilities. (a) (No change.) (b) The owner or operator of the facility or unit shall also comply with each of the following after operation has commenced: (1)-(2) (No change.) (3) All records required by the permit to assure compliance with this subchapter
                                [chapter] shall be maintained at the plant site and shall be made available to representatives of TACB or TWC upon request. Such records shall be maintained on-site for at least three years. (4)-(6) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on September 17, 1991. TRD-9111478 Lane Hartsock Director, Planning and Development Program Texas Air Control Board Earliest possible date of adoption: October 25, 1991 For further information, please call: (512) 908-1451 Subchapter B. Pollution Prevention Requirements: Source Reduction and Waste Minimization 31 TAC sec.sec.120.101-120.103, 120.105-120.110 The new sections are proposed under the Texas Clean Air Act (TCAA), Texas Health and Safety Code, (Vernon 1990), which provides TACB with the authority to adopt rules consistent with the policy and purposes of the TCAA. sec.120.101. Definitions. The words and terms used in this subchapter have the meanings given in the Waste Reduction Policy Act of 1991, Senate Bill 1099, or the regulations promulgated thereunder. Unless specifi- cally defined in the Waste Reduction Policy Act or the regulations promulgated thereunder, the terms used in this subchapter have the meanings commonly ascribed to them in the field of air, water, and solid waste pollution control. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Acute hazardous waste-Hazardous waste listed by the administrator of the United States Environmental Protection Agency (EPA) under the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (42 United States Code, sec.sec.6901 et seq), because the waste meets the criteria for listing hazardous waste identified in 40 Code of Federal Regulations, s261.11(a)(2). Board-The Texas Air Control Board. Commission-The Texas Water Commission. Committee-The Waste Reduction Advisory Committee estab- lished by the Texas Solid Waste Disposal Act, Texas Health and Safety Code, sec.361.0215. Conditionally exempt small-quantity generator-A generator that does not accumulate more than 1,000 kilograms of hazardous waste at any one time on the facility and generates less than 100 kilograms of hazardous waste in any given month. Environment-Water, air, and land and the interrelationship that exists among and between water, air, land, and all living things. Facility-All buildings, equipment, structures, and other stationary items located on a single site or on contiguous or adjacent sites that are owned or operated by a person who is subject to this subchapter or by a person who controls, is controlled by, or is under common control with a person subject to this subchapter. Generator and generator of hazardous waste -Have the meaning assigned by the Texas Solid Waste Disposal Act, Texas Health and Safety Code, sec.361.131. Large-quantity generator -A generator that generates, through ongoing processes and operations at a facility: (A) more than 1, 000 kilograms of hazardous waste in a month; or (B) more than one kilogram of acute hazardous waste in a month. Media and medium -Air, water, and land into which waste is emitted, released, discharged, or disposed. Pollutant or contaminant-Any element, substance, compound, disease-causing agent, or mixture that after release into the environment and on exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions, including malfunctions in reproduction, or physical deformations in the organism or its offspring. The term does not include petroleum, crude oil, or any fraction of crude oil that is not otherwise specifically listed or designated as a hazardous substance under the environmental response law, sec.101(14)(A)-(F), nor does it include natural gas, natural gas liquids, liquefied natural gas, synthetic gas of pipeline quality, or mixtures of natural gas and synthetic gas. Release-Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, but not including: (A) a release that results in an exposure to a person solely within a workplace, concerning a claim that the person may assert against the person's employer; (B) an emission from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine; (C) a release of source, by-product, or special nuclear materials from a nuclear incident, as those terms are defined by the Atomic Energy Act of 1954, as amended (42 United States Code, sec.sec.2201 et seq), if the release is subject to requirements concerning financial protection established by the Nuclear Regulatory Commission under that Act, sec.170; (D) for the purposes of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, sec.104 (42 United States Code, sec.9601 et seq), or other response action, a release of source, by-product, or special nuclear material from a processing site designated under the Uranium Mill Tailings Radiation Control Act of 1978, sec.102(a)(1) or sec.302(a) (42 United States Code, sec.7912 and sec.7942); and (E) the normal application of fertilizer. Small-quantity generator -A generator that generates, through ongoing processes and operations at a facility: (A) equal to or less than 1,000 kilograms, but more than or equal to 100 kilograms of hazardous waste in a month; or (B) equal to or less than one kilogram of acute hazardous waste in a month. Source reduction -Has the meaning assigned by the federal Pollution Prevention Act of 1990, Public Law 101-508, sec.6603, 104 Statute 1388. Ton-2,000 pounds, also referred to as short tons. Toxic release inventory (TRI)-A program which includes those chemicals on the list in Committee Print Number 99-169 of the United States Senate Committee on Environmental and Public Works, titled "Toxic Chemicals Subject to Section 313 of the Emergency Planning and Community Right-To-Know Act of 1986" (EPCRA) (42 United States Code Annotated, sec.11023), including any revised version of the list as may be made by the administrator of EPA. Waste minimization -A practice that reduces the environmental or health hazards associated with hazardous wastes, pollutants, or contaminants. Examples may include reuse, recycling, neutralization, and detoxification. sec.120.102. Pollutants and Contaminants. The following pollutants and contaminants are subject to source reduction and waste minimization planning: (1) all hazardous wastes generated; (2) all chemicals which exceed threshold reporting requirements pursuant to the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA), sec.313. sec.120.103. Applicability. This subchapter applies to facilities which are required to develop a source reduction and waste minimization plan pursuant to the Waste Reduction Policy Act of 1991, Senate Bill 1099, or the regulations promulgated thereunder, including: (1) all large-quantity generators of hazardous waste as defined in sec.120.101 of this title (relating to Definitions); (2) all generators other than large-quantity generators and conditionally exempt small-quantity generators as defined by the Texas Health and Safety Code, sec.361.431(3); and (3) all facilities subject to the Super-fund Amendments and Reauthorization Act of 1986, sec.313, Title III (Emergency Planning and Community Right-To-Know Act (EPCRA), 42 United States Code, sec.11023) whose releases exceed the levels established under sec.120. 109 of this title (relating to Compliance Schedules). These toxic release inventory (TRI) covered facilities would be required to develop source reduction and waste minimization plans for only the TRI listed chemicals that exceed threshold quantities established under EPCRA. sec.120.105. Source Reduction and Waste Minimization Plans.
                                  All owners or operators of facilities identified under sec.120.103 of this title (relating to Applicability), shall prepare a five-year (or more) source reduction and waste minimization plan which may be updated annually as appropriate according to the schedule listed in sec.120.109 of this title (relating to Com- pliance Schedules). Plans shall be updated as necessary to assume that there never exists a time period for which a plan is not in effect. Plans required by paragraphs (1), (2), and (3) of this section shall contain a separate component addressing source reduction activities and a separate component addressing waste minimization activities. (1) With the exception of small-quantity generators which are subject to paragraph (3) of this section the plan shall include, at a minimum: (A) an initial survey that identifies: (i) for facilities described in sec.120.103(1), activities that generate hazardous waste; and (ii) for facilities described in sec.120.103(3), activities that result in the release of pollutants or contaminants designated under sec.120.102 of this title (relating to Pollutants and Contaminants); (B) based on the initial survey, a prioritized list of economically and technologically feasible source reduction and waste minimization projects; (C) an explanation of source reduction or waste minimization projects to be undertaken, with a discussion of technical and economic considerations, and environmental and human health risks considered in selecting each project undertaken; (D) an estimate of the type and amount of reduction anticipated; (E) a schedule for implementation of each source reduction and waste minimization project; (F) source reduction and waste minimization goals for the entire facility, including incremental goals to aid in evaluating progress; (G) an explanation of employee awareness and training programs to aid in accomplishing source reduction and waste minimization goals; (H) certification by the owner or operator of the facility having the authority to commit the corporation's resources to implement the plan, that the plan is complete and correct; (I) identification of cases in which the implementation of a source reduction or waste minimization activity designed to reduce risk to human health or the environment may result in the release of a different pollutant or contaminant or may shift the release to another medium; and (J) an executive summary of the plan which shall include, at a minimum: (i) a description of the facility which shall include: name of the facility; address; contact; general description of the facility; and Texas Air Control Board (TACB) account number, Texas Water Commission (TWC) solid waste notice of registration number, TWC waste water permit number, United States Environmental Protection Agency (EPA) identification number (Resource Conservation and Recovery Act (RCRA) number), national pollutant discharge elimination system (NPDES) permit number, and underground injection well code identification number; (ii) a list of all hazardous wastes generated and the volumes of each; (iii) a list of all reportable toxic release inventory (TRI) releases and the volume of each; (iv) a prioritized list of chemicals to be reduced; (v) a statement of reduction goals; (vi) an explanation of environmental and human health risks considered in determining reduction goals; (vii) implementation milestones for individual project development; (viii) an implementation schedule for future reduction goals; and (ix) identification and description of cases in which the implementation of a source reduction or waste minimization activity designed to reduce risk to human health or the environment may result in the release of a different pollutant or contaminant or may shift the release to another medium. Included in this description shall be a discussion of the change in characteristics of the normal waste stream or release and how it will be managed in the affected medium. (2) The source reduction and waste minimization plan may also include: (A) a discussion of the owner's or operators previous efforts at the facility to reduce risk to human health and the environment or to reduce the generation of hazardous waste or the release of pollutants or contaminants; (B) a discussion of the effect that changes to environmental regulations have had on the achievement of the source reduction and waste minimization goals; (C) the effect that events which the owner or operator could not control have had on the achievement of the source reduction and waste minimization goals; (D) a description of projects that have reduced the generation of hazardous waste or the release of pollutants or contaminants; and (E) a discussion of the operational decisions made at the facility that have affected the achievement of the source reduction or waste minimization goals or other risk reduction efforts. (3) The plans of small-quantity generators shall include, at a minimum: (A) a description of the facility which shall include: name of the facility; address; contact; general description of the facility; and TACB account number, TWC solid waste notice of registration number, TWC waste water permit number, EPA identification number (RCRA number), NPDES permit number, and underground injection well code identification number. (B) a list of all hazardous wastes generated and the volumes of each; (C) a list of all reportable TRI releases and the volumes of each; (D) a prioritized list of chemicals to be reduced; (E) a statement of reduction goals; (F) information on environmental and human health risks, such as material safety data sheets (MSDS) or other available documentation, considered in determining reduction goals; (G) implementation milestones for individual project development; (H) an implementation schedule for future reduction goals; and (I) identification and description of cases in which the implementation of a source reduction or waste minimization activity designed to reduce risk to human health or the environment may result in the release of a different pollutant or contaminant or may shift the release to another medium. Included in this description shall be a discussion of the change in characteristics of the normal waste stream or release and how it will be managed in the affected medium. sec.120.106. Reporting and Recordkeeping Requirements. All owners or operators required to develop a source reduction and waste minimization plan for a facility under this subchapter shall submit to the commission and the board an annual report required by this section and a current executive summary of the plan required in sec.120.105 of this title (relating to Source Reduction and Waste Minimization Plans) according to the schedule outlined in paragraph (4) of this section. (1) The report shall detail the facility's progress in implementing the source reduction and waste minimization plan and include: (A) an assessment of the progress toward achievement of the facility source reduction goal and the facility waste minimization goal; (B) a statement to include, for facilities described in sec.120.103(1) of this title (relating to Applicability), the amount of hazardous waste generated and, for facilities described in sec.120.103(3), the amount of the release of reportable pollutants or contaminants designated under the Texas Solid Waste Disposal Act, Texas Health and Safety Code, sec.361.433(c) in the year preceding the report, and a comparison of those amounts generated or released using 1987 as the base year; and (C) any modification to the plan. (2) The report may include: (A) a discussion of the owner's or operator's previous effort at the facility to reduce hazardous waste or the release of pollutants or contaminants through source reduction or waste minimization; (B) a discussion of the effect that changes in environmental regulations have had on the achievement of the source reduction and waste minimization goals; (C) the effect that events, which the owner or operator could not control, have had on the achievement of the source reduction and waste minimization goals; and (D) a discussion of the operational decisions the owner or operator has made that affected the achievement of the source reduction and waste minimization goals. (3) The report shall contain a separate component addressing source reduction activities and a separate component addressing waste minimization activities. (4) The report and the executive summary of the plan shall be submitted according to the following schedule and annually thereafter. (A) For all facilities meeting the specifications of sec.120.109(1) of this title (relating to Compliance Schedules), the first report will be due on or before February 1, 1994. The report will cover calendar year 1993. (B) For all facilities meeting the specifications of sec.120.109(2), the first report will be due on or before February 1, 1995. The report will cover calendar year 1994. (C) For all facilities meeting the specifications of sec.120.109(3), the first report will be due on or before February 1, 1996. The report will cover calendar year 1995. (D) For all facilities meeting the specifications of sec.120.109(4), the first report will be due on or before February 1, 1997. The report will cover calendar year 1996. (E) For all facilities meeting the specifications or sec.120.109(5), the first report will be due on or before February 1, 1998. The report will cover calendar year 1997. (5) Base line data from the calendar year 1987 shall be used in developing each of the first reports referred to in paragraph (4) of this section. (6) The report shall be submitted on forms furnished or approved by the executive directors of the commission and the board and shall contain, at a minimum, the information specified in paragraph (1) of this section. Upon written request by the owner or operator, the executive directors may authorize a modification in the reporting period. sec.120.107. Exemptions. (a) This subchapter does not apply to: (1) conditionally exempt small-quantity generators; (2) facilities regulated by the Railroad Commission of Texas under the Natural Resources Code, sec.91.101 or s141.012. (b) owners and operators or facilities listed in sec.120.103 of this title (relating to Applicability) may apply, on a case-by-case basis, to the executive directors of the commission and the board for an exemption from this subchapter. The executive directors of the commission and board may grant an exemption if the applicant demonstrates that sufficient reductions have been achieved. If an exemption is granted, it is valid only for the following year, but can be renewed, on an annual basis, by filing a new application. The executive directors' decision will be based upon all of the following standards and criteria for determining practical economic and technical completion of the plan: (1) the facility has reduced the amount of pollutants and contaminants being generated or released by 90% since the base year; (2) potential impact on human health and environment of any remaining hazardous waste generated, or pollutant or contaminant released; and (3) a demonstration that additional reductions are not economically and technically feasible. sec.120.108. Enforcement. (a) The commission or the board may review a source reduction and waste minimization plan or annual report to determine whether the plan or report complies with this subchapter. (b) Failure to have a source reduction and waste minimization plan in accordance with this subchapter or failure to submit a source reduction and waste minimization annual report in accordance with this subchapter is a violation. sec.120.109. Compliance Schedules.
                                    All facilities subject to sec.120.103 of this title (relating to Applicability) and not exempted by s120. 107 of this title (relating to Exemptions) shall develop a source reduction and waste minimization plan. The implementation year shall be determined by the prior year's reported volumes of hazardous waste generated and/or total toxic release inventory (TRI) releases. A facility once subject to this subchapter shall remain subject until it no longer meets the requirements of sec.120.103 or is exempted under sec.120.107. Volumes for calculations will be based on total hazardous waste generated and/or total TRI releases. The executive summary shall be submitted to the commission and board on the date the plan is required to be in place. Plan implementation will be according to the following schedule. (1) The source reduction and waste minimization plan shall be in place, available for review, and be implemented no later than July 1, 1993 for: (A) hazardous waste generators reporting 5,000 tons or more; or (B) TRI facilities reporting 100 tons or more. (2) The source reduction and waste minimization plan shall be in place, available for review, and be implemented no later than January 1, 1994 for: (A) hazardous waste generators reporting less than 5,000 tons, but more than or equal to 500 tons; or (B) TRI facilities reporting less than 100 tons, but more than or equal to 10 tons. (3) The source reduction and waste minimization plan shall be in place, available for review, and be implemented no later than January 1, 1995 for: (A) hazardous waste generators reporting less than 500 tons, but more than or equal to 15 tons; or (B) TRI facilities reporting less than 10 tons, but more than or equal to five tons. (4) The source reduction and waste minimization plan shall be in place, available for review, and be implemented no later than January 1, 1996 for: (A) hazardous waste generators reporting less than 15 tons, but more than or equal to five tons; or (B) TRI facilities reporting less than five tons, but more than or equal to one ton. (5) The source reduction and waste minimization plan shall be in place, available for review, and be implemented no later than January 1, 1997 for: (A) hazardous waste generators reporting less than five tons, but greater than 1.023 tons (1,000 kilograms); or (B) TRI facilities reporting less than one ton. (6) Any facility which becomes subject to the requirement to have a source reduction and waste minimization plan, either within 90 days prior to or at any time following the dates referenced in paragraphs (1)-(5) of this section, shall have 90 days to have the plan in place and available for review. sec.120.110. Confidentiality.
                                      The annual report and executive summary of this plan are public records and shall be made available to the public upon request. (1) A source reduction and waste minimization plan shall be maintained at each facility subject to this subchapter, and shall be available to commission or board personnel for inspection. The source reduction and waste minimization plan is not a public record for the purposes of Chapter 424, Acts of the 63rd Legislature, 1973 (Texas Civil Statutes, Article 6252-17a). (2) The executive summary of the plan and the annual report are public records. Upon request, the owner or operator shall make available to the public a copy of the executive summary of the plan or annual report. (3) If the owner or operator of a facility for which a source reduction and waste minimization plan has been prepared can demonstrate to the satisfaction of the commission and the board that an executive summary of the plan, annual report, or portion of a summary or report prepared under this subchapter would divulge a trade secret if made public, then the commission or board shall classify as confidential the summary, report, or portion of the summary or report. (4) To the extent that a plan, executive summary, annual report, or portion of a plan, summary, or annual report would otherwise qualify as a trade secret, an action by the commission or board or an employee of the commission or board does no affect its status as a trade secret. (5) Information classified by the commission or board as confidential under this section is not a public record for purposes of Chapter 424, Acts of the 63rd Legislature, 1973 (Texas Civil Statutes, Article 6252-17a), and may not be used in a public hearing or disclosed to any person outside the commission or board, unless a court decides that the information is necessary for the determination of an issue being decided at the public hearing. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on September 17, 1991. TRD-9111509 Lane Hartsock Director, Planning and Development Program Texas Air Control Board Earliest possible date of adoption: October 25, 1991 For further information, please call: (512) 908-1451 Texas Department of Insurance Exempt Filing Notification Pursuant to the Insurance Code, Chapter 5, Subchapter L (Editor's Note: as required by the Insurance Code, Article 5.96 and 5.97, the Texas Register publishes notice of proposed actions by the Texas Board of Insurance. Notice of action proposed under Article 5.96 must be published in the Texas Register not later than the 30th day before the board adopts the proposal. Notice of action proposed under Article 5.97 must be published in the Texas Register not later than the 10th day before the Board of Insurance adopts the proposal. The Administrative Procedure and Texas Register Act, Article 6252-13a, Texas Civil Statutes, does not apply to board action under Articles 5.96 and 5.97. The complete text of the proposal summarized here may be examined in the offices of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714- 9104.) The State Board of Insurance has approved a filing by Insurance Services Office, Inc. proposing various revisions of Division Six-General Liability-Due to classification changes to the Commercial Lines Manual. The following filings were considered. A. GL90-R90CT. This revision addresses the following changes affecting basic limits rates: 1. Proposed manual rates for 68 products classes that are currently (a) rated. 2. Proposed rates for Not-for-Profit/Other Than Not-for-Profit Classes. 3. Proposed rates for revised classifications. 4. Transfer of governmental subdivisions rates from Texas Guide (a) Rate Pamphlet to State Rate Pages in Commercial Lines Manual, Division Six. B. GL90-R90CT (Amendment). This amendment addresses the following changes to filing GL90-R90CT. 1. Withdraw the proposed manual rates for the 68 products classifications that are currently (a) rated. These classes will remain (a) rated. 2. Delete the state exception to Rule 25, which is no longer necessary as the result of filing CL90-090CT (Amendment). C. GL90-R90CT (Amendment 2). This amendment addresses the following changes to filing CG90-R90CT. 1. Withdraw the proposed transfer of Governmental Subdivision rates from Texas Guide (a) Rate Pamphlet to State Rate Pages in Commercial Lines Manual, Division Six. This filing is approved to become effective December 1, 1991, in accordance with the following rule of application. These changes are applicable to all policies effective on or after December 1, 1991. No policy effective prior to December 1, 1991, shall be endorsed or canceled and rewritten to take advantage of or to avoid the application of these changes except at the request of the insured and using the cancellation procedures applying on the date of such request. This notification is filed pursuant to the Insurance Code, Article 5.97, which exempts if from the requirements of the Administrative Procedure and Texas Register Act. Issued in Austin, Texas, on September 16, 1991. TRD-9111426 Angelia Johnson Assistant Chief Clerk Texas Department of Insurance Filed: September 16, 1991 For further information, please call: (512) 463-6327