Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. 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 31. NATURAL RESOURCES AND CONSERVATION Part IX. Texas Water Commission Chapter 290. Water Hygiene Laboratory Analysis 31 TAC sec.290.50 The Texas Water Commission (TWC) adopts on an emergency basis new sec.290.50, concerning public water supply system laboratory analysis. Section 290.50 states that laboratories providing analytical services for public water supply systems must be approved by the TWC. Senate Bill 2, First Called Session, 72nd Legislature, transferred all the powers, duties, rights, and obligations of the Texas Department of Health (TDH) pertaining to public water supply systems to the TWC, effective March 1, 1992, and this section is being adopted on an emergency basis to implement that jurisdictional change. The TDH's existing rules pertaining to the previously- referenced program will transfer to the TWC through recodification. However, the TWC has determined that several of TDH's procedural rules should not be recodified as they conflict with the TWC's current procedural regulations. It is the TWC's intention that its existing procedural rules apply to the newly transferred programs. The new section is adopted on an emergency basis under Texas Water Code, sec.5. 103, which provides the Texas Water Commission with the authority to adopt any rules necessary to carry out its powers and duties and the Texas Health and Safety Code, Chapter 341, Subchapter C, which governs sanitary standards of drinking water; protection of public water supplies standards of drinking water; protection of public water supplies and bodies of water. sec.290.50. Laboratory Analysis.
    All samples for chemical, radiological, or bacteriological analysis must be submitted to a laboratory approved by the commission, with the exception of turbidity and any control tests such as chlorine residual, alkalinity, and pH which are not used to determine compliance with the standards delineated in this chapter. Such control tests may be run in the plant laboratory. Issued in Austin, Texas, on March 23, 1992. TRD-9204126 Mary Ruth Holder Director, Legal Division Texas Water Commission Effective date: March 23, 1992 Expiration date: July 21, 1992 For further information, please call: (512) 463-8069 Chapter 330. Municipal Solid Waste Subchapter Y. Medical Waste Management 31 TAC sec.330.1010 The Texas Water Commission (TWC) adopts on an emergency basis new sec.330. 1010, concerning medical waste management. This section is adopted on an emergency basis to implement the provisions of Senate Bill 2, First Called Session, 72nd Legislature, 1991 (Senate Bill 2), which transferred the authority to regulate medical waste disposal from the Texas Department of Health to the Texas Water Commission, effective March 1, 1992. The TDH rules concerning medical waste management are currently in 25 TAC sec.sec.325.1001-325.1009. These rules will be recodified as 31 TAC sec.sec.330.1001-330.1009. However, these rules refer to regulations identified in 1 TAC sec.sec.1.131-1.137, concerning the "Definition, Treatment, and Disposition of Special Waste from Health-Care Related Facilities." The regulations found in 25 TAC sec.sec.1.131-1.137 apply to the medical waste treatment program retained by the TDH, as well as the medical waste disposal program which transferred to the TWC. There fore, the TWC adopts the following rule on an emergency basis. The new section is adopted on an emergency basis under the Texas Water Code, sec.5.103, and sec.26.011, which gives the Texas Water Commission the authority to adopt any rules necessary to carry out its powers, duties, and policies and to protect water quality in the state. The section is also adopted under the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361 (Vernon), which gives the Texas Water Commission the authority to regulate municipal solid wastes and to adopt rules and promulgate rules consistent with the general intent and purposes of the Act. sec.330.1010. Medical Waste Management. All references by the commission in this subchapter to the regulations contained in 25 TAC sec.sec.1.131-1. 137 (relating to the Definition, Treatment, and Disposition of Special Waste from Health Care Related Facilities) are adopted by the commission only for the medical waste management program over which TWC has jurisdiction. Issued in Austin, Texas, on March 20, 1992. TRD-9204125 Mary Ruth Holder Director, Legal Division Texas Water Commission Effective date: March 23, 1992 Expiration date: July 21, 1992 For further information, please call: (512) 463-8069 Chapter 336. Radiation Rules Disposal of Radioactive Substances 31 TAC sec.336.1 The Texas Water Commission (TWC) adopts on an emergency basis new sec.336.1, concerning disposal of radioactive substances. Section 336.1 adopts portions of the Texas Regulations for Control of Radiation (TRCR) by reference which addresses the management of radioactive substances. Senate Bill 2, First Called Session, 72nd Legislature, allocated the jurisdiction of only the disposal of radioactive substances in Texas to the TWC. It appears that all other portions of the radiation program would remain with the Texas Department of Health. The TRCR is formatted in accordance with the state's agreement with the United States Nuclear Regulatory Commission and, at this time, cannot be divided between the agencies. Therefore, sec.336.1 adopts only those portions of the TRCR concerning the radiation program over which the TWC has jurisdiction. This section is being adopted on an emergency basis in order to implement the provisions of Senate Bill 2, which transferred the jurisdiction over the disposal of radioactive substances to the Texas Water Commission effective March 1, 1992. The new section is adopted on an emergency basis under the Texas Water Code, sec.5.103, which gives the commission the authority to adopt any rules necessary to carry out its powers, duties, and policies and Texas Health and Safety Code, sec.401.412, which gives the Texas Natural Resource Conservation Commission (the successor agency to the Texas Water Commission) the authority to adopt any rules necessary to exercise its authority. sec.336.1. Disposal of Radioactive Substances. The TWC adopts by reference only those portions of the Texas Regulations for Control of Radiation
      concerning the disposal of radioactive substances. Those portions are found in Parts 11, 12, 13, 21, 22, 41, 43, and 45. Copies of the TRCRs may be obtained from Marilyn Kelso, (512) 834-6688, extension 2060; or may be obtained in person at the Exchange Building, Room N-127, 8407 Wall Street, Austin, Texas 78754. Issued in Austin, Texas on March 23, 1992. TRD-9204127 Mary Ruth Holder Director, Legal Division Texas Water Commission Effective date: March 23, 1992 Expiration date: July 21, 1992 For further information, please call: (512) 463-8069