ADOPTED RULES An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 19. EDUCATION PART I. Texas Higher Education Coordinating Board CHAPTER 5.Program Development SUBCHAPTER H.Approval of Distance Learning for Public Colleges and Universities 19 TAC sec.5.156 The Texas Higher Education Coordinating Board adopts an amendment to sec.5.156, concerning Approval of Distance Learning for Public Colleges and Universities (Procedures for Review and Approval of Lower-Division Distance Learning) without changes to the proposed text as published in the August 27, 1996, issue of the Texas Register (21 TexReg 8074). No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Education Code, sec.61.051 and sec.130.086 which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Approval of Distance Learning for Public Colleges and Universities This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 28, 1996. TRD-9615721 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: November 19, 1996 Proposal publication date: August 27, 1996 For further information, please call: (512) 483-6160 CHAPTER 9.Public Junior Colleges SUBCHAPTER J.Approval of Postsecondary Technical and Vocational Courses for State Appropriations to Public Community Colleges and Texas State Technical Institutes 19 TAC sec.9.214 The Texas Higher Education Coordinating Board adopts an amendment to sec.9.214, concerning Approval of Postsecondary Technical and Vocational Courses for State Appropriations to Public Community Colleges and Texas State Technical Institutes (Approval) without changes to the proposed text as published in the August 27, 1996, issue of the Texas Register (21 TexReg 8075) No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Education Code, sec.sec.130.003(b), 61.063, and 135.54 which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Approval of Postsecondary Technical and Vocational Courses for State Appropriations to Public Community Colleges and Texas State Technical Institutes This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 28, 1996. TRD-9615722 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: November 19, 1996 Proposal publication date: August 27, 1996 For further information, please call: (512) 483-6160 TITLE 22. EXAMINING BOARDS PART VI. Texas State Board of Registration for Professional Engineers CHAPTER 131.Practice and Procedure Hearings-Contested Cases 22 TAC sec.131.224 The Texas State Board of Registration for Professional Engineers adopts an amendment to sec.131.224, concerning complaints, without changes to the proposed text as published in the September 13, 1996, issue of the Texas Register (21 TexReg 8805). The amendment corrects the grammatical error in subsection (b). The rule provides clarification that the board must give notice by personal service or by registered or certified mail to an applicant prior to board action if an application for initial registration is proposed for rejection based on prior criminal convictions. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 28, 1996. TRD-9615663 John R. Speed, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: November 18, 1996 Proposal publication date: September 13, 1996 For further information, please call: (512) 440-7723 TITLE 30. ENVIRONMENTAL QUALITY PART I. Texas Natural Resource Conservation Commission CHAPTER 305. Consolidated Permits The Texas Natural Resource Conservation Commission (commission) adopts amendments to sec.sec.305.50, 305.172, and 305.572, and new sec.305.150, concerning consolidated permits. Section 305.150 is adopted with changes to the proposed text as published in the August 6, 1996, issue of the Texas Register (21 TexReg 7343). Sections 305.50, 305.172, and 305.572 are adopted without changes and will not be republished. The primary purpose of the amendments and new section is to ensure that Texas' state rules are equivalent to the federal regulations after which they are patterned, either by incorporating the federal regulations into the state rules by reference or by introducing language into the state rules that is intended to be equivalent to the corresponding federal regulations. The rules also include typographical and administrative revisions designed to clarify certain rule language, to correct references to the Code of Federal Regulations, and to clarify the number of copies of certain permit applications that must be submitted. The amendments and new section specifically address changes to the federal hazardous waste regulations that became effective between July 1, 1993, and June 30, 1994, under the authority of the federal Resource Conservation and Recovery Act (RCRA). By establishing equivalency with these federal regulations, the State of Texas will maintain equivalency with the federal hazardous waste program, thus enabling the state to retain authorization to operate aspects of the federal program in lieu of the United States Environmental Protection Agency. The resultant benefit will be a reduced cost to participants in the hazardous waste regulatory program because state hazardous waste requirements will not be duplicated by the requirements of the federal hazardous waste program. No comments were received regarding adoption of the amendments or new language. Section 305.150 is adopted with changes to include a date and Federal Register citation for the incorporation by reference of 40 Code of Federal Regulations sec.260.11. The commission has prepared a Takings Impact Assessment for these rules pursuant to Texas Government Code Annotated, sec.2007.043. The following is a summary of that Assessment. The specific purpose of the rules is to ensure that Texas' state hazardous waste rules are equivalent to the federal regulations after which they are patterned, thus enabling the state to retain authorization to operate its own hazardous waste program in lieu of the corresponding federal program. The rules are also intended to clarify the number of copies to be submitted with certain permit applications and to make administrative corrections to certain language within the rules. The rules will substantially advance this stated purpose by adopting the aforementioned federal regulations by reference or by introducing language intended to ensure that state rules are equivalent to the corresponding federal regulations. The rules will also specify the number of copies to be submitted with certain permit applications and will make administrative corrections within the rules. Promulgation and enforcement of these rules will not affect private real property which is the subject of the rules because the language consists of technical corrections and updates to bring certain state hazardous waste regulations into equivalence with more recent federal regulations, and the subject regulations do not affect a landowners rights in private real property. Also, the following exception to the application of Texas Government Code, Chapter 2007 applies to these rules: sec.2007.003(b)(4)--an action that is reasonably taken to fulfill an obligation mandated by federal law. SUBCHAPTER C. Application for Permit 30 TAC sec.305.50 The amendment is adopted under Texas Water Code, sec.5.103 and sec.5.105, which provides the commission with the authority to adopt any rules necessary to carry out its powers and duties under the provisions of the Texas Water Code or other laws of this state; and under Texas Health and Safety Code, Solid Waste Disposal Act, sec.361.017 and sec.361.024, which authorizes the commission to regulate industrial solid waste and municipal hazardous waste and to adopt rules consistent with the general intent and purposes of the Act. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 30, 1996. TRD-9615764 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Effective date: November 20, 1996 Proposal publication date: August 6, 1996 For further information, please call: (512) 239-6087 SUBCHAPTER G. Additional Conditions for Solid Waste Storage, Processing, or Disposal Permits 30 TAC sec.305.150 The new section is adopted under Texas Water Code, sec.5.103 and sec.5.105, which provides the commission with the authority to adopt any rules necessary to carry out its powers and duties under the provisions of the Texas Water Code or other laws of this state; and under Texas Health and Safety Code, Solid Waste Disposal Act, sec.361.017 and sec.361.024, which authorizes the commission to regulate industrial solid waste and municipal hazardous waste and to adopt rules consistent with the general intent and purposes of the Act. sec.305.150. Incorporation of References. When used in this chapter (relating to Consolidated Permits), the references contained in 40 Code of Federal Regulations sec.260.11 are incorporated by reference as amended and adopted in the Code of Federal Regulations through June 2, 1994, at 59 FedReg 28484. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 30, 1996. TRD-9615765 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Effective date: November 20, 1996 Proposal publication date: August 6, 1996 For further information, please call: (512) 239-6087 SUBCHAPTER I. Hazardous Waste Incinerator Permits 30 TAC sec.305.172 The amendment is adopted under Texas Water Code, sec.5.103 and sec.5.105, which provides the commission with the authority to adopt any rules necessary to carry out its powers and duties under the provisions of the Texas Water Code or other laws of this state; and under Texas Health and Safety Code, Solid Waste Disposal Act, sec.361.017 and sec.361.024, which authorizes the commission to regulate industrial solid waste and municipal hazardous waste and to adopt rules consistent with the general intent and purposes of the Act. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 30, 1996. TRD-9615766 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Effective date: November 20, 1996 Proposal publication date: August 6, 1996 For further information, please call: (512) 239-6087 SUBCHAPTER Q.Permits for Boilers and Industrial Furnances Burning Hazardous Waste 30 TAC sec.305.572 The amendment is adopted under Texas Water Code, sec.5.103 and sec.5.105, which provides the commission with the authority to adopt any rules necessary to carry out its powers and duties under the provisions of the Texas Water Code or other laws of this state; and under Texas Health and Safety Code, Solid Waste Disposal Act, sec.361.017 and sec.361.024, which authorizes the commission to regulate industrial solid waste and municipal hazardous waste and to adopt rules consistent with the general intent and purposes of the Act. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 30, 1996. TRD-9615767 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Effective date: November 20, 1996 Proposal publication date: August 6, 1996 For further information, please call: (512) 239-6087 CHAPTER 335. Industrial Solid Waste and Municipal Hazardous Waste The Texas Natural Resource Conservation Commission (commission) adopts amendments to sec.sec.335.1, 335.2, 335.9, 335.15, 335.22, 335.23, 335.24, 335.29, 335.30, 335.76, 335.112, 335.125, 335.152, 335.175, and 335.221, and new sec.335.31, concerning industrial solid waste and municipal hazardous waste. Sections 335.24, 335.29, 335.31, and 335.76 are adopted with changes to the proposed text as published in the August 6, 1996, issue of the Texas Register (21 TexReg 7348). Sections 335.1, 335.2, 335.9, 335.15, 335.22, 335.23, 335.30, 335.112, 335.125, 335.152, 335.175, and 335.221 are adopted without changes and will not be republished. The primary purpose of the amendments and new section is to ensure that Texas' state rules are equivalent to the federal regulations after which they are patterned, either by incorporating the federal regulations into the state rules by reference or by introducing language into the state rules that is intended to be equivalent to the corresponding federal regulations. Another purpose of the rules is to reinstate an inadvertently deleted subsection in the rules requiring reports for certain wastes received without the required manifests or shipping papers. The rules also include typographical revisions designed to clarify certain rule language, to correct references to the Code of Federal Regulations and to delete a series of cross- references that were inadvertently repeated in the rules. The amendments and new section specifically address changes to the federal hazardous waste regulations that became effective between July 1, 1993, and June 30, 1994, under the authority of the federal Resource Conservation and Recovery Act (RCRA). By establishing equivalency with these federal regulations, the State of Texas will maintain equivalency with the federal hazardous waste program, thus enabling the state to retain authorization to operate aspects of the federal program in lieu of the United States Environmental Protection Agency. The resultant benefit will be a reduced cost to participants in the hazardous waste regulatory program because state hazardous waste requirements will not be duplicated by the requirements of the federal hazardous waste program. No comments were received regarding the adoption of the amendments or new section. Sections 335.24, 335.29, and 335.76 are adopted with changes to make typographical corrections, and sec.335.31 is adopted with changes to include a date and Federal Register citation for the incorporation by reference of 40 Code of Federal Regulations sec.260.11. The commission has prepared a Takings Impact Assessment for these rules pursuant to Texas Government Code Annotated, sec.2007.043. The following is a summary of that Assessment. The specific purpose of the rules is to ensure that Texas' state hazardous waste rules are equivalent to the federal regulations after which they are patterned, thus enabling the state to retain authorization to operate its own hazardous waste program in lieu of the corresponding federal program. The rules also include typographical and administrative revisions designed to clarify certain rule language, to correct references to the Code of Federal Regulations, and to correct other technical errors within the rules. The rules will substantially advance this stated purpose by adopting the aforementioned federal regulations by reference or by introducing language intended to ensure that state rules are equivalent to the corresponding federal regulations. The rules will also make administrative corrections within the rules. Promulgation and enforcement of these rules will not affect private real property which is the subject of the rules because the language consists of technical corrections and updates to bring certain state hazardous waste regulations into equivalence with more recent federal regulations, and the subject regulations do not affect a landowners rights in private real property. Also, the following exception to the application of Texas Government Code Chapter 2007 applies to these rules: sec.2007.003(b)(4)--an action that is reasonably taken to fulfill an obligation mandated by federal law. SUBCHAPTER A. Industrial Solid Waste and Municipal Hazardous Waste in General 30 TAC sec.sec.335.1, 335.2, 335.9, 335.15, 335.22-335.24, 335.29-335.31 The amendments and new section are adopted under Texas Water Code sec.5.103 and sec.5.105, which provides the commission with the authority to adopt any rules necessary to carry out its powers and duties under the provisions of the Texas Water Code or other laws of this state; and under Texas Health and Safety Code, Solid Waste Disposal Act, sec.361.017 and sec.361.024, which authorizes the commission to regulate industrial solid waste and municipal hazardous waste and to adopt rules consistent with the general intent and purposes of the Act. sec.335.24. Requirements for Recyclable Materials and Nonhazardous Recyclable Materials. (a) (No change.) (b) The following recyclable materials are not subject to the requirements of this section, except as provided in subsections (g) and (h) of this section, but are regulated under the applicable provisions of Subchapter H of this chapter (relating to Standards for the Management of Specific Wastes and Specific Types of Facilities) and all applicable provisions in Chapter 305 of this title (relating to Consolidated Permits) and Chapter 1 of this title (relating to Purpose of Rules, General Provisions); Chapter 3 of this title (relating to Definitions); Chapter 10 of this title (relating to Commission Meetings); Chapter 40 of this title (relating to Alternative Dispute Resolution Procedures); Chapter 50 of this title (relating to Action on Applications); Chapter 55 of this title (relating to Request for Contested Case Hearings); and Chapter 80 of this title (relating to Contested Case Hearings): (1)-(4) (No change.) (c) The following recyclable materials are not subject to regulation under Subchapters (B)-(I) and O of this chapter (relating to Hazardous Waste Management General Provisions; Standards Applicable to Generators of Hazardous Waste; Standards Applicable to Transporters of Hazardous Waste; Permitting Standards for Owners and Operators of Hazardous Waste Storage, Processing, or Disposal Facilities; Interim Standards for Owners and Operators of Hazardous Waste Storage, Processing, or Disposal Facilities; Location Standards for Hazardous Waste Storage, Processing, or Disposal; Standards for the Management of Specific Wastes and Specific Types of Facilities; Prohibition on Open Dumps; and Land Disposal Restrictions) or Chapter 1 of this title (relating to Purpose of Rules, General Provisions); Chapter 3 of this title (relating to Definitions); Chapter 10 of this title (relating to Commission Meetings); Chapter 40 of this title (relating to Alternative Dispute Resolution Procedures); Chapter 50 of this title (relating to Action on Applications); Chapter 55 of this title (relating to Request for Contested Case Hearings); Chapter 80 of this title (relating to Contested Case Hearings); and Chapter 305 of this title (relating to Consolidated Permits), except as provided in subsections (g) and (h) of this section: (1) industrial ethyl alcohol that is reclaimed except that, unless provided otherwise in an international agreement as specified in the regulations contained in 40 Code of Federal Regulations (CFR) sec.262.58, which are in effect as of November 8, 1986: (A) a person initiating a shipment for reclamation in a foreign country, and any intermediary arranging for the shipment, must comply with the requirements applicable to a primary exporter in the regulations contained in 40 CFR sec.sec.262.53, 262.56(a)(1)-(4) and (6) and (b), and 262.57, which are in effect as of November 8, 1986, export such materials only upon such consent of the receiving country and in conformance with the EPA acknowledgment of consent as defined in the regulations contained in 40 CFR Part 262, Subpart E, which are in effect as of November 8, 1986, and provide a copy of the EPA acknowledgment of consent to the shipment to the transporter transporting the shipment for export; (B) (No change.) (2)-(5) (No change.) (6) the following hazardous waste fuels: (A) hazardous waste fuel produced from oil-bearing hazardous wastes from petroleum refining, production or transportation practices, or produced from oil reclaimed from such hazardous wastes where such hazardous wastes are reintroduced into a process that does not use distillation or does not produce products from crude oil so long as the resulting fuel meets the used oil specification under 40 CFR sec.279.11 and so long as no other hazardous wastes are used to produce the hazardous waste fuel; (B) hazardous waste fuel produced from oil-bearing hazardous waste from petroleum refining production, and transportation practices, where such hazardous wastes are reintroduced into a refining process after a point at which contaminants are removed, so long as the fuel meets the used oil fuel specification under 40 CFR sec.279.11; (C) oil reclaimed from oil-bearing hazardous wastes from petroleum refining, production, and transportation practices, which reclaimed oil is burned as fuel without reintroduction to a refining process, so long as the reclaimed oil meets the used oil fuel specification under 40 CFR sec.279.11; and (7) petroleum coke produced from petroleum refinery hazardous wastes containing oil by the same person who generated the waste, unless the resulting coke product exceeds one or more of the characteristics of hazardous waste in 40 CFR Part 261, Subpart C. (d) Generators and transporters of recyclable materials are subject to the applicable requirements of Subchapter C of this chapter (relating to Standards Applicable to Generators of Hazardous Waste) and Subchapter D of this chapter (relating to Standards Applicable to Transporters of Hazardous Waste), and the notification requirements of sec.335.6 of this title (relating to Notification Requirements), except as provided in subsections (a)-(c) of this section. (e) Owners or operators of facilities that store recyclable materials before they are recycled are regulated under all applicable provisions of this chapter, and Chapter 305 of this title (relating to Consolidated Permits) and Chapter 1 of this title (relating to Purpose of Rules, General Provisions); Chapter 3 of this title (relating to Definitions); Chapter 10 of this title (relating to Commission Meetings); Chapter 40 of this title (relating to Alternative Dispute Resolution Procedures); Chapter 50 of this title (relating to Action on Applications); Chapter 55 of this title (relating to Request for Contested Case Hearings); and Chapter 80 of this title (relating to Contested Case Hearings), and the notification requirements under sec.335.6 of this title (relating to Notification Requirements), except as provided in subsections (a)-(c) of this section. The recycling process itself is exempt from regulation. (f) (No change.) (g) Except as provided in subsection (h) of this section, recyclable materials (excluding those listed in subsection (c)(1) and (3)-(7) of this section) remain subject to the requirements of sec.sec.335.4, 335.6, and 335.9 - 335.15 of this title (relating to General Prohibitions; Notification Requirements; Recordkeeping and Annual Reporting Procedures Applicable to Generators; Shipping and Reporting Procedures Applicable to Generators of Hazardous Waste or Class 1 Waste and Primary Exporters of Hazardous Waste; Shipping Requirements for Transporters of Hazardous Waste or Class 1 Waste; Shipping Requirements Applicable to Owners or Operators of Storage, Processing, or Disposal Facilities; Recordkeeping and Reporting Procedures Applicable to Generators Shipping Hazardous Waste or Class 1 Waste; Recordkeeping Requirements Applicable to Transporters of Hazardous Waste or Class 1 Waste; and Recordkeeping and Reporting Requirements Applicable to Owners or Operators of Storage, Processing, or Disposal Facilities), as applicable. (h) Industrial solid wastes that are nonhazardous recyclable materials; and recyclable materials listed in subsection (b)(4) and subsection (c)(2) and (3) of this section remain subject to the requirements of sec.335.4 of this title (relating to General Prohibitions) and sec.335.6 of this title (relating to Notification Requirements). Such wastes may also be subject to the requirements of sec.sec.335.10 - 335.15 of this title (relating to Shipping and Reporting Procedures Applicable to Generators of Hazardous Waste or Class 1 Waste and Primary Exporters of Hazardous Waste; Shipping Requirements for Transporters of Hazardous Waste or Class 1 Waste; Shipping Requirements Applicable to Owners or Operators of Storage, Processing, or Disposal Facilities; Recordkeeping and Reporting Procedures Applicable to Generators Shipping Hazardous Waste or Class 1 Waste and Primary Exporters of Hazardous Waste; Recordkeeping Requirements Applicable to Transporters of Hazardous Waste or Class 1 Waste; and Recordkeeping and Reporting Requirements Applicable to Owners or Operators of Storage, Processing, or Disposal Facilities), as applicable, if the executive director determines that such requirements are necessary to protect human health and the environment. In making the determination, the executive director shall consider the following criteria: (1)-(9) (No change.) (i) Except as provided in the Solid Waste Disposal Act, Health and Safety Code sec.361.090, facilities managing recyclable materials that are required to obtain a permit under this section may also be permitted to manage nonhazardous recyclable materials at the same facility if the executive director determines that such regulation is necessary to protect human health and the environment. In making this determination, the executive director shall consider the following criteria: (1)-(12) (No change.) sec.335.29. Adoption of Appendices by Reference. The following appendices contained in 40 Code of Federal Regulations Part 261 are adopted by reference as amended and adopted through April 1, 1987, and as further amended as indicated in each paragraph: (1) (No change.) (2) Appendix II--Method 1311 Toxicity Characteristic Leaching Procedure (TCLP) (as amended through August 31, 1993, at 58 FedReg 46040); (3) Appendix III--Chemical Analysis Test Methods (as amended through August 31, 1993, at 58 FedReg 46040); (4) (No change.) (5) Appendix VIII--Hazardous Constituents (as amended through June 20, 1994, at 59 FedReg 31551); and (6) Appendix IX--Wastes Excluded Under sec.260.20 and sec.260.22. sec.335.31. Incorporation of References. When used in Chapter 335 of this title (relating to Industrial Solid Waste and Municipal Hazardous Waste), the references contained in 40 Code of Federal Regulations sec.260.11 are incorporated by reference as amended and adopted in the Code of Federal Regulations through June 2, 1994, at 59 FedReg 28484. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 30, 1996. TRD-9615768 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Effective date: November 20, 1996 Proposal publication date: August 6, 1996 For further information, please call: (512) 239-6087 SUBCHAPTER C. Standards Applicable to Generators of Hazardous Waste 30 TAC sec.335.76 The amendment is adopted under Texas Water Code, sec.5.103 and sec.5.105, which provides the commission with the authority to adopt any rules necessary to carry out its powers and duties under the provisions of the Texas Water Code or other laws of this state; and under Texas Health and Safety Code, Solid Waste Disposal Act, sec.361.017 and sec.361.024, which authorizes the commission to regulate industrial solid waste and municipal hazardous waste and to adopt rules consistent with the general intent and purposes of the Act. sec.335.76. Additional Requirements Applicable to International Shipments. (a) Any person who exports hazardous waste to a foreign country or imports hazardous waste from a foreign country into the state must comply with the requirements of this title and with the special requirements of this section. Except to the extent the regulations contained in 40 Code of Federal Regulations (CFR) sec.262.58, which are in effect as of November 8, 1986, provide otherwise, a primary exporter of hazardous waste must comply with the special requirements of this section as they apply to primary exporters, and a transporter transporting hazardous waste for export must comply with applicable requirements of sec.335.11 of this title (relating to Shipping Requirements for Transporters of Hazardous Waste or Class 1 Waste) and sec.335.14 of this title (relating to Recordkeeping Requirements Applicable to Transporters of Hazardous Waste or Class 1 Waste) and Subchapter D of this chapter (relating to Standards Applicable to Transporters of Hazardous Waste). 40 CFR sec.262.58 sets forth the requirements of international agreements between the United States and receiving countries which establish different notice, export, and enforcement procedures for the transportation, processing, storage, and disposal of hazardous waste for shipments between the United States and those countries. (b) Exports of hazardous waste are prohibited except in compliance with the applicable requirements of this subchapter, the special requirements of this section, and sec.335.11 of this title (relating to Shipping Requirements for Transporters of Hazardous Waste or Class 1 Waste) and sec.335.14 of this title (relating to Recordkeeping Requirements Applicable to Transporters of Hazardous Waste or Class 1 Waste) and Subchapter D of this chapter (relating to Standards Applicable to Transporters of Hazardous Waste). Exports of hazardous waste are prohibited unless: (1) notification in accordance with the regulations contained in 40 CFR sec.262.53, which are in effect as of November 8, 1986, has been provided; (2)-(4) (No change.) (5) the primary exporter complies with the manifest requirements of sec.335.10(a)-(d) of this title (relating to Shipping and Reporting Procedures Applicable to Generators of Hazardous Waste or Class 1 Waste and Primary Exporters of Hazardous Waste) except that: (A)-(C) (No change.) (D) the following statement must be added to the end of the first sentence of the certification set forth in item 16 of the uniform hazardous waste manifest form, as set out in sec.335.10(b)(23) of this title (relating to Shipping and Reporting Procedures Applicable to Generators of Hazardous Waste or Class 1 Waste and Primary Exporters of Hazardous Waste): "and conforms to the terms of the attached EPA acknowledgment of consent"; (E) (No change.) (F) in lieu of the requirements of sec.335.10(a) of this title (relating to Shipping and Reporting Procedures Applicable to Generators of Hazardous Waste or Class 1 Waste and Primary Exporters of Hazardous Waste), where a shipment cannot be delivered for any reason to the designated or alternate consignee, the primary exporter must: (i) renotify EPA of a change in the conditions of the original notification to allow shipment to a new consignee in accordance with the regulations contained in 40 CFR sec.262.53(c), which are in effect as of November 8, 1986, and obtain an EPA acknowledgment of consent prior to delivery; or (ii)-(iii) (No change.) (G)-(H) (No change.) (c) (No change.) (d) When importing hazardous waste into the state from a foreign country, a person must prepare a manifest in accordance with the requirements of sec.335.10 of this title (relating to Shipping and Reporting Procedures Applicable to Generators of Hazardous Waste or Class 1 Waste and Primary Exporters of Hazardous Waste) for the manifest except that: (1)-(3) (No change.) (e) Any person exporting hazardous waste shall file an annual report with the executive director as required in sec.335.9 of this title (relating to Recordkeeping and Annual Reporting Procedures Applicable to Generators) summarizing the types, quantities, frequency, and ultimate destination of all such hazardous waste exported during the previous calendar year. (f) Any person who exports hazardous waste to a foreign country or imports hazardous waste from a foreign country into the state must comply with the requirements of the regulations contained in 40 CFR sec.262.58 (International Agreements), which are in effect as of November 8, 1986. (g) Except to the extent that they are clearly inconsistent with the Solid Waste Disposal Act, Texas Health and Safety Code Chapter 361, or the rules of the commission, primary exporters must comply with the regulations contained in 40 CFR sec.262.57, which are in effect as of November 8, 1986. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 30, 1996. TRD-9615769 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Effective date: November 20, 1996 Proposal publication date: August 6, 1996 For further information, please call: (512) 239-6087 SUBCHAPTER E. Interim Standards for Owners and Operators of Hazardous Waste Storage, Processing, or Disposal Facilities 30 TAC sec.335.112, sec.335.125 The amendments are adopted under Texas Water Code, sec.5.103 and sec.5.105, which provides the commission with the authority to adopt any rules necessary to carry out its powers and duties under the provisions of the Texas Water Code or other laws of this state; and under Texas Health and Safety Code, Solid Waste Disposal Act, sec.361.017 and sec.361.024, which authorizes the commission to regulate industrial solid waste and municipal hazardous waste and to adopt rules consistent with the general intent and purposes of the Act. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 30, 1996. TRD-9615762 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Effective date: November 20, 1996 Proposal publication date: August 6, 1996 For further information, please call: (512) 239-6087 SUBCHAPTER F. Permitting Standards for Owners and Operators of Hazardous Waste Storage, Processing, or Disposal Facilities 30 TAC sec.335.152, sec.335.175 The amendments are adopted under Texas Water Code, sec.5.103 and sec.5.105, which provides the commission with the authority to adopt any rules necessary to carry out its powers and duties under the provisions of the Texas Water Code or other laws of this state; and under Texas Health and Safety Code, Solid Waste Disposal Act, sec.361.017 and sec.361.024, which authorizes the commission to regulate industrial solid waste and municipal hazardous waste and to adopt rules consistent with the general intent and purposes of the Act. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 30, 1996. TRD-9615761 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Effective date: November 20, 1996 Proposal publication date: August 6, 1996 For further information, please call: (512) 239-6087 SUBCHAPTER H. Standards for the Management of Specific Wastes and Specific Types of Facilities 30 TAC sec.335.221 The amendment is adopted under Texas Water Code, sec.5.103 and sec.5.105, which provides the commission with the authority to adopt any rules necessary to carry out its powers and duties under the provisions of the Texas Water Code or other laws of this state; and under Texas Health and Safety Code, Solid Waste Disposal Act, sec.361.017 and sec.361.024, which authorizes the commission to regulate industrial solid waste and municipal hazardous waste and to adopt rules consistent with the general intent and purposes of the Act. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 30, 1996. TRD-9615760 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Effective date: November 20, 1996 Proposal publication date: August 6, 1996 For further information, please call: (512) 239-6087 TITLE 34. PUBLIC FINANCE PART I. Comptroller of Public Accounts CHAPTER 5.Funds Management (Fiscal Affairs) Claims Processing-Payroll 34 TAC sec.5.41 The Comptroller of Public Accounts adopts the repeal to sec.5.41, concerning payroll voucher requirements, without changes to the proposed text as published in the September 13, 1996, issue of the Texas Register (21 TexReg 8812). The section is being repealed so that a substantially revised section may be adopted. No comments were received regarding adoption of the repeal. The repeal is adopted under the Government Code, sec.sec.403.011, 403.071, 403.078, and 2101.035-2101.036. These statutes generally authorize the comptroller to design, implement, operate, and maintain the uniform statewide accounting system, the human resource information system, and the uniform statewide payroll/personnel system. These statutes also authorize the comptroller to adopt rules for the effective operation of those systems. Finally, these statutes require a state agency to submit payroll vouchers to the comptroller in the form and with the information required by the comptroller. The repeal implements the Government Code, sec.sec.403.011, 403.072, 403.078, and 2101.035. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 29, 1996. TRD-9615700 Martin Cherry Chief, General Law Comptroller of Public Accounts Effective date: November 19, 1996 Proposal publication date: September 13, 1996 For further information, please call: (512) 463-4062 The Comptroller of Public Accounts adopts new sec.5.41, concerning payroll requirements, without changes to the proposed text as published in the September 13, 1996, issue of the Texas Register (21 TexReg 8812). The new section replaces sec.5.41 that is being repealed. The new section is necessary because of the continuing evolution, improvement, and expansion of the human resource information system and the uniform statewide payroll/personnel system. These developments have resulted in changes to the reports that state agencies file with the comptroller and to the procedures those agencies follow when requesting payment of compensation to their officers and employees. The new section also is necessary because the Texas legislature and the United States Congress have recently authorized or mandated new payroll deductions from the compensation of state officers and employees. No comments were received regarding adoption of the new section. The new section is adopted under the Government Code, sec.sec.403.011, 403.071, 403.078, and 2101.035-2101.036. These statutes generally authorize the comptroller to design, implement, operate, and maintain the uniform statewide accounting system, the human resource information system, and the uniform statewide payroll/personnel system. These statutes also authorize the comptroller to adopt rules for the effective operation of those systems. Finally, these statutes require a state agency to submit payroll vouchers to the comptroller in the form and with the information required by the comptroller. The new section implements the Government Code, sec.sec.403.011, 403.072, 403.078, and 2101.035. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 29, 1996. TRD-9615702 Martin Cherry Chief, General Law Comptroller of Public Accounts Effective date: November 19, 1996 Proposal publication date: September 13, 1996 For further information, please call: (512) 463-4062 34 TAC sec.sec.5.42-5.44 The Comptroller of Public Accounts adopts the repeal of sec.sec.5.42-5.44, concerning claims processing-payroll, without changes to the proposed text as published in the September 13, 1996, issue of the Texas Register (21 TexReg 8819). The sections are being repealed because they are no longer necessary in light of the proposed adoption of new sec.5.41, concerning Payroll Requirements. No comments were received regarding adoption of the repeals. The repeals are adopted under the Government Code, sec.sec.403.011, 403.071, 403.078, and 2101.035-2101.036. These statutes generally authorize the comptroller to design, implement, operate, and maintain the uniform statewide accounting system, the human resource information system, and the uniform statewide payroll/personnel system. These statutes also authorize the comptroller to adopt rules for the effective operation of those systems. Finally, these statutes require a state agency to submit payroll vouchers to the comptroller in the form and with the information required by the comptroller. The repeals implement the Government Code, sec.sec.403.011, 403.072, 403.078, and 2101.035. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 29, 1996. TRD-9615701 Martin Cherry Chief, General Law Comptroller of Public Accounts Effective date: November 19, 1996 Proposal publication date: September 13, 1996 For further information, please call: (512) 463-4062 34 TAC sec.5.47 The Comptroller of Public Accounts adopts an amendment to sec.5.47, concerning deductions for payments to credit unions, without changes to the proposed text as published in the August 6, 1996, issue of the Texas Register (21 TexReg 7357). The amendments are necessary for the following reasons. First, House Bill 2527, 74th Legislature, 1995, made it possible for a foreign credit union to be authorized to do business in this state. If a foreign credit union has obtained that authorization, then it is eligible under the Government Code, sec.sec.659.101 and 659.103-659.109, to participate in the credit union payroll deduction program. Section 5.47 is being amended to recognize this eligibility. Second, Senate Bill 959, 74th Legislature, 1995, non-substantively recodified and transferred the statutory authorization for the credit union payroll deduction program to the Government Code, sec.sec.659.101 and 659.103-659.109. The recodification resulted in a non-substantive change to the definition of "state agency." Section 5.47 is being amended to reflect this change. Third, the reference to "Texas" in the existing definition of "state employee" is redundant given that definition's reference to the definition of "state agency." Therefore, the redundancy is being deleted. Fourth, subsection (f)(5) 's prohibition of a deduction from salary or wages paid before June 1, 1995, has been fulfilled and is no longer necessary. Therefore, the prohibition is being deleted. Fifth, subsection (j)(1)(A) requires a state agency to notify a participating credit union about the agency's cancellation of a payment of salary or wages. Subsection (j)(1)(A) currently applies only to salary or wages that are included in a monthly detail report. Subsection (l)(3)(H) has a similar requirement for salary or wages that are included in an additional detail report. To promote simplicity, these requirements are being consolidated in subsection (j)(1)(A) , without substantive change. Sixth, subsection (l)(2)(D) and (l)(3)(D) requires a state agency to submit its monthly and additional detail reports to participating credit unions by hand or through an overnight delivery service. The requirement is being changed to allow state agencies to submit the reports by facsimile in addition to the existing methods. This change will enable state agencies to avoid the high cost of overnight delivery services. The amendments are adopted under the Government Code, sec.659.105, which requires that a credit union payroll deduction be made in the form and manner prescribed by the comptroller. No comments were received regarding adoption of the amendment. The amendments implement the Government Code, sec.sec.659.101 and 659.103- 659.109. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 29, 1996. TRD-9615651 Martin Cherry Chief, General Law Comptroller of Public Accounts Effective date: November 19, 1996 Proposal publication date: September 13, 1996 For further information, please call: (512) 463-4062 Claims Processing-Purchase Vouchers 34 TAC sec.5.51 The Comptroller of Public Accounts adopts the repeal to sec.5.51, concerning definitions, without changes to the proposed text as published in the September 3, 1996, issue of the Texas Register (21 TexReg 8421). The section is being repealed so that a substantially revised section may be adopted. No comments were received regarding adoption of the repeal. The repeal is adopted under the Government Code, sec.sec.403.011, 403.071, 403.078, 2101.035, and 2103.004. These statutes generally require a state agency to submit payment vouchers to the comptroller in the form and with the information required by the comptroller. The statutes also require the comptroller to audit those vouchers on a pre-payment or post-payment basis. Finally, the statutes authorize the comptroller to adopt rules for the effective operation of the uniform statewide accounting system. The repeal implements the Government Code, sec.sec.403.011, 403.071, 403.078, 2101.035, and 2103.004. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 29, 1996. TRD-9615703 Martin Cherry Chief, General Law Comptroller of Public Accounts Effective date: November 19, 1996 Proposal publication date: September 3, 1996 For further information, please call: (512) 463-4028 The Comptroller of Public Accounts adopts new sec.5.51, concerning requirements for purchase documents, without changes to the proposed text as published in the September 3, 1996, issue of the Texas Register (21 TexReg 8421). The new section is necessary for the following reasons. First, the implementation of the uniform statewide accounting system (USAS) has changed the terminology used about purchase vouchers. Those vouchers are now called purchase documents and purchase transactions in USAS. The new section will reflect the current terminology. Second, the implementation of USAS has resulted in many changes to the formatting and content requirements that purchase vouchers must satisfy before they are processed by the comptroller. The new section will set forth those requirements. Third, the implementation of post-payment audits of purchase vouchers by the comptroller has made it advisable for state agencies to retain supporting documentation for those vouchers until the audits occur. The new section will contain the requirements for the documentation. One comment was received about the proposed text. The Texas Department of Commerce asked whether the comptroller would object to state agencies maintaining their supporting documentation off-site. Proposed sec.5.51(e)(4) would require a state agency to maintain supporting documentation for a purchase document in agency files. The proposal does not have any requirements for where those files must be located. Therefore, so long as an agency is able to comply with a request from the comptroller for supporting documentation according to proposed sec.5.51(e)(2) and (6), the files may be located anywhere deemed advisable by the agency. The new section is adopted under the Government Code, sec.sec.403.011, 403.071, 403.078, 2101.035, and 2103.004. These statutes generally require a state agency to submit payment vouchers to the comptroller in the form and with the information required by the comptroller. The statutes also require the comptroller to audit those vouchers on a pre-payment or post-payment basis. Finally, the statutes authorize the comptroller to adopt rules for the effective operation of the uniform statewide accounting system. The new section implements the Government Code, sec.sec.403.011, 403.071, 403.078, 2101.035, and 2103.004. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 29, 1996. TRD-9615704 Martin Cherry Chief, General Law Comptroller of Public Accounts Effective date: November 19, 1996 Proposal publication date: September 3, 1996 For further information, please call: (512) 463-4028 Claims Processing-General Requirements 34 TAC sec.5.61 The Comptroller of Public Accounts adopts the repeal of sec.5.61, concerning general requirements, without changes to the proposed text as published in the September 3, 1996, issue of the Texas Register (21 TexReg 8424). The section is being repealed so that a substantially revised section may be adopted. The repeal is adopted under the Government Code, sec.2103.032, which authorizes the comptroller to establish by rule a system for state agencies to submit and approve their vouchers electronically, and under the Government Code, sec.2101.035, which authorizes the comptroller to adopt rules for the effective operation of the uniform statewide accounting system. The repeal implements the Government Code, sec.sec.403.071, 2101.035, 2103.004, 2103.032, and 2155.322- 2155.323. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 29, 1996. TRD-9615715 Martin Cherry Chief, General Law Comptroller of Public Accounts Effective date: November 19, 1996 Proposal publication date: September 3, 1996 For further information, please call: (512) 463-4028 The Comptroller of Public Accounts adopts new sec.5.61, concerning approval and certification of payment documents, without changes to the proposed text as published in the September 3, 1996, issue of the Texas Register (21 TexReg 8424). The new section is necessary for the following reasons. First, the implementation of the uniform statewide accounting system (USAS) has made it technically feasible for state agencies to provide electronic approvals of their payment vouchers. State law authorizes the comptroller to adopt rules to provide for electronic approvals if the comptroller determines that electronic approvals will facilitate the operation and administration of USAS and if the degree of security provided by electronic approvals is at least equal to the degree of security provided by non-electronic approvals. The comptroller has determined that the new section will satisfy both of these conditions. Second, the legal requirements for the non-electronic approval of payment vouchers have changed since sec.5.61 was last adopted in 1976. The new version of sec.5.61 will authorize non-electronic approvals in certain circumstances and in compliance with the new legal requirements. No comments were received regarding adoption of the new section. The new section is adopted under the Government Code, sec.2103.032, which authorizes the comptroller to establish by rule a system for state agencies to submit and approve their vouchers electronically, and under the Government Code, sec.2101.035, which authorizes the comptroller to adopt rules for the effective operation of the uniform statewide accounting system. The new section implements the Government Code, sec.sec.403.071, 2101.035, 2103.004, 2103.032, and 2155.322-2155.323. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 29, 1996. TRD-9615716 Martin Cherry Chief, General Law Comptroller of Public Accounts Effective date: November 19, 1996 Proposal publication date: September 3, 1996 For further information, please call: (512) 463-4028 Deferred Compensation 34 TAC sec.sec.5.111-5.123 The Comptroller of Public Accounts adopts the repeal of sec.sec.5.111-5.123, concerning deferred compensation - Internal Revenue Code, sec.457 plan, without changes to the proposed text as published in the September 3, 1996, issue of the Texas Register (21 TexReg 8432). The sections are being repealed formally because they still appear in the Texas Administrative Code despite their transfer to the Employees Retirement System of Texas (ERS) in 1991. Senate Bill 897, 71st Legislature, 1989, transferred the authority to administer the state's deferred compensation programs to ERS. The sections being repealed have had no legal effect since the effective date of that transfer. No comments were received regarding adoption of the repeals. The repeals are adopted under Senate Bill 897, 71st Legislature, 1989, which transferred the authority to administer the state's deferred compensation programs from the comptroller of public accounts to ERS. The repeals implement Senate Bill 897, 71st Legislature, 1989. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 29, 1996. TRD-9615717 Martin Cherry Chief, General Law Comptroller of Public Accounts Effective date: November 19, 1996 Proposal publication date: September 3, 1996 For further information, please call: (512) 463-4028 TITLE 37. PUBLIC SAFETY AND CORRECTIONS PART I. Texas Department of Public Safety CHAPTER 23.Vehicle Inspection Vehicle Emissions Inspection and Maintenance Program 37 TAC sec.23.91, sec.23.92 The Texas Department of Public Safety adopts amendments to sec.23.91 and sec.23.92, concerning vehicle inspection, without changes to the proposed text as published in the July 5, 1996, issue of the Texas Register (21 TexReg 6222). The justification for the amendments will be improved air quality by the reduction of emissions of hydrocarbons and other pullutants from mobile sources. The amendments implement the provisions of Executive Order GWB96-1 as authorized by Senate Bill 178, 74th Legislature, 1995, which requires the Texas Department of Public Safety in cooperation with the Texas Natural Resource Conservation Commission to implement a Vehicle Emissions Inspection and Maintenance Program necessary for the state. No comments were received regarding adoption of the amendments. The amendments are adopted pursuant to the Health and Safety Code, Chapter 382, sec.sec.382.037, 382.038, and 382.0371, and Texas Transportation Code, Chapter 502 and Chapter 548 which provide the Public Safety Commission with the authority to establish a Motor Vehicle Emissions Inspection and Maintenance Program for vehicles in counties that do not meet National Ambient Air Quality Standards. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 23, 1996. TRD-9615660 Dudley M. Thomas Director Texas Department of Public Safety Effective date: November 18, 1996 Proposal publication date: July 5, 1996 For further information, please call: (512) 424-2890