Part I.
Texas Natural Resource Conservation Commission
Chapter 32.
Transfers of Permits, Licenses, and Other Authorizations
The commission proposes new §§32.1, 32.3, 32.5, 32.7, 32.9,
32.11, 32.13, 32.15, 32.51, 32.53, 32.55, 32.57, 32.59, 32.75, 32.77, 32.101,
32.103, 32.125, 32.127, 32.151, 32.153, 32.155, 32.157, 32.175, 32.177, 32.201,
32.203, and 32.205, concerning Transfers of Permits, Licenses, and Other
Authorizations. The primary purpose of the proposed new sections is to consolidate
and streamline all transfer requirements.
EXPLANATION OF PROPOSED RULES. Existing transfer requirements in §§116.110,
291.109, 291.112, 291.115, 293.13, 303.41, 297.811, 297.82, 297.83, 304.43,
305.64, 305.97, 312.10, 312.11, 321.34, 330.63, 330.812, 330.835, 330.843,
330.852, and 330.855 will be cut and placed into this new chapter.
FISCAL NOTE. Stephen Minick, Strategic Planning and Appropriations Division,
has determined that for the first five years these sections as proposed are
in effect there will be no significant fiscal implications for state government
as a result of administration and enforcement of the sections. The effect
on local governments subject to the provisions of the sections as proposed
will be similar to those for any other permit holder or recipient.
PUBLIC BENEFIT. Mr. Minick has also determined that for the first five
years these sections as proposed are in effect the public benefit anticipated
as a result of enforcement of and compliance with the sections will be increased
accessibility to and comprehension of agency requirements for transfers of
permits, licenses, and other authorizations due to the consolidation and
streamlining of existing transfer requirements. There are no economic costs
anticipated for any person required to comply with these sections as proposed.
The effects of these sections as proposed will generally benefit any permit
holder or recipient, including small businesses, involved in a transfer,
although the effect is not anticipated to represent a significant savings
in terms of the costs of transferring permits or other authorizations.
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact
Assessment for these rules pursuant to Texas Government Code, §2007.043.
The following is a summary of that assessment. The specific purpose of the
rules is to make it easier for the public to use agency rules, specifically
the requirements for transfers of permits, licenses, and other authorizations.
The rules will substantially advance this specific purpose by cutting the
existing requirements from their current location within the rules and placing
them under a single chapter (Chapter 32). Promulgation and enforcement of
these rules will not burden private real property which is the subject of
the rules because there is no substantive change in existing requirements,
only a change in the organization of the rules.
PUBLIC HEARING. A public hearing on this proposal will be held March 3,
1997, at 2:00 p.m. in Building F, Room 5108, at the Texas Natural Resource
Conservation Commission (TNRCC) complex, located at 12100 North IH-35, Park
Technology Center, Austin. Individuals may present oral statements when called
upon in order of registration. Open discussion within the audience will not
occur during the hearing; however, an agency staff member will be available
to discuss the proposal 30 minutes prior to the hearing and will answer questions
before and after the hearing.
SUBMITTAL OF COMMENTS. Written comments may be mailed to Lisa Martin, TNRCC
Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin,
Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference
Rule Log Number 96147-032-AD. Comments must be received by 5:00 p.m., March
3, 1997. For further information, please contact Catherine Collins, Policy
Research Division, (512) 239-0389.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the agency at
(512) 239-4900. Requests should be made as far in advance as possible.
Subchapter A. General Provisions
30 TAC §§32.1, 32.3, 32.5, 32.7, 32.9, 32.11, 32.13, 32.15
STATUTORY AUTHORITY. The new sections are proposed under Texas
Water Code, §§5.103, 5.105, 13.041, 26.011, 27.019, 32.009, 33.007,
and 34.006, and Texas Health and Safety Code, §§341.002, 341.031,
361.011, 361.017, 361.024, 366.012, 382.017, 401.011, 401.051, and 401.412,
which authorize the commission to adopt any rules necessary to carry out
its powers and duties under the Water Code and other laws of Texas and to
establish and approve all general policy of the commission.
The proposed new sections implement Texas Water Code, §§5.103,
5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006, and Texas Health
and Safety Code, §§341.002, 341.031, 361.011, 361.017, 361.024,
366.012, 382.017, 401.011, 401.051, and 401.412.
§32.1. Applicability.
This chapter applies to applications for transfer of all permits, licenses,
and other written and unwritten authorizations issued by the commission and
to applications seeking orders that have the effect of transferring permits,
except:
(1)
interwatershed transfers under Texas Water Code, §11.085
(transfers between watersheds);
(2)
sewage sludge and similar waste transporter registrations;
and
(3)
federal operating permits under Chapter 122 of this
title (relating to Federal Operating Permits).
§32.3. Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
Change of ownership
-Includes, but is not limited to:
(A)
a merger;
(B)
a stock transfer that results in a controlling interest
in a permittee;
(C)
an asset purchase that results in a change in the
operational control of a permittee; or
(D)
a change in the federal tax identification number.
Transfer
-Includes the assignment of a permit from one entity
to another, a change of ownership or control, or a stock transfer by a person
which holds a permit with the commission.
§32.5. Limits of Permits.
(a)
For other than water rights, a permit is issued to a person
and may be transferred only upon approval of the executive director or the
commission. No transfer is required for a corporate name change, as long
as the secretary of state can verify that a change in name alone has occurred.
(b)
For water rights, a permit is issued in rem and may be
transferred within the records of the agency only upon notification of the
executive director or the commission. No transfer fee payment is required
for a corporate name change, as long as the secretary of state can verify
that a change in name alone has occurred, but the executive director of the
agency must be notified of the name change.
(c)
A permit is attached to the realty to which it pertains
and may not be transferred from one site to another except as otherwise noted.
§32.7. Application Submittal.
Except as otherwise provided in this chapter, a submittal of an application
for transfer of a permit must be conducted pursuant to the submittal requirements
in §305.43 of this title (relating to Who Applies).
§32.9. Application.
An application for transfer must include:
(1)
the name and address of the transferee and/or future operator
if applicable;
(2)
the permit number and any other applicable authorization
numbers;
(3)
the date of the proposed transfer;
(4)
if the permit requires financial responsibility, the
method by which the proposed transferee intends to assume or provide financial
responsibility which must be identified and be in accordance with any applicable
state and federal financial responsibility requirements;
(5)
the signatures of the transferor and transferee, in
addition to provisions in §305.44 of this title (relating to Signatories
to Applications); and
(6)
any other information that the executive director
may reasonably require.
§32.11. Post-Transfer Notice to the Executive Director.
This section applies to permits, licenses, and other authorizations
issued under Chapter 116, Subchapters B and C of this title (relating to
New Source Review Permits and Permit Exemptions) and Chapter 297 of this
title (relating to Water Rights, Substantive).
(1)
Change in ownership.
(A)
For other than water rights, the new owner of a facility
to which this section applies and who previously has received a permit from
the commission is not required to apply for a new permit. The new owner is
not required to post public notice of the change in ownership, provided that
within 30 days after the change of ownership, the new owner notifies the
executive director of the change. The notification must include a certification
of each of the following:
(i)
the ownership change has occurred and the new owner agrees
to be bound by all conditions of the permit and all representations made
in the application for permit and any amendments to the permit;
(ii)
there is no change in the type of pollutants emitted;
and
(iii)
there is no increase in the quantity of pollutants emitted.
(B)
For water rights, the new owner is not required to post
public notice of the change of ownership, but is required to notify the executive
director of the changes.
(C)
The new owner of the facility is required to comply with
all conditions of the permit and all representations made in the application
for permit and any amendments to the permit.
(2)
A copy of the written agreement between the parties
reflecting the specific date of transfer must be submitted to the executive
director.
(3)
The executive director may refuse to approve a transfer
where conditions of a judicial decree, compliance agreement, or other enforcement
order have not been entirely met. The executive director must also consider
the prior compliance record of the transferee, if any.
§32.13. Pre-Transfer Notice to the Executive Director.
This section applies to all transfers except for those transfers in
§32.11 of this title (relating to Post-Transfer Notice to the Executive
Director) and Subchapter E of this chapter (relating to Radioactive Material
Licenses).
(1)
Except as provided otherwise in Subchapter D of this chapter
(relating to Hazardous Waste), the transferee, the permittee, or the current
or future operator of a facility, if applicable, must submit to the executive
director an application for transfer at least 30 days before the proposed
transfer date. The executive director may waive the 30-day requirement for
good cause. In addition to the requirements in §32.9 of this title (relating
to Application), the application must contain the following:
(A)
a fee of $100 to be applied toward the processing of the
application, as provided in §305.53(a) of this title (relating to Application
Fee), unless otherwise specified; and
(B)
a sworn statement that the application is made with the
full knowledge and consent of the permittee if the transferee is filing the
application.
(2)
If no agreement regarding transfer of permit
responsibility and liability is provided, responsibility for compliance with
the terms and conditions of the permit and liability for any violation associated
therewith is assumed by the transferee, effective on the date of the approved
transfer. This section is not intended to relieve a transferor of any liability.
(3)
The executive director must be satisfied that proof
of any required financial responsibility is sufficient. Except as provided
otherwise in Subchapter D of this chapter, no permit may be transferred until
any required financial responsibility is approved.
(4)
If a person attempting to acquire a permit causes
or allows operation of the facility before approval is given, this person
is considered to be operating without a permit or other authorization.
(5)
The executive director may refuse to approve a transfer
where conditions of a judicial decree, compliance agreement, or other enforcement
order have not been entirely met. The executive director must also consider
the prior compliance record of the transferee, if any.
§32.15. Involuntary Transfer of Permits.
This section applies to involuntary transfers of all permits other
than those covered under Subchapters B and E of this chapter (relating to
Water Rights and Radioactive Material Licenses).
(1)
The executive director may transfer a permit involuntarily
if:
(A)
the permittee no longer owns or controls the permitted
facilities; or the facilities have not been built and the permittee no longer
has sufficient property rights in the site of the proposed facilities; and
(B)
except for hazardous or industrial solid waste permits:
(i)
the executive director received proof of ownership of the
facilities and/or site of the proposed facilities;
(ii)
the executive director has provided notice by certified
mail to the permittee, using the last address of record, giving an opportunity
for hearing;
(iii)
the executive director did not receive a request for
hearing from the permittee within 30 days from the date the notice was mailed;
and
(iv)
the executive director has received an application for
transfer from the transferee as required by this chapter.
(2)
The commission may transfer permits to an
interim permittee pending an ultimate decision on a permit transfer if it
finds that there exists a need for the continued operation of the facility
and the proposed interim permittee is capable of assuming responsibility
for compliance with the permit.
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 December 18, 1996.
TRD-9700735
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: April 2, 1997
For further information, please call: (512) 239-1966
30 TAC §§32.51, 32.53, 32.55, 32.57, 32.59
The new sections are proposed under Texas Water Code, §§5.103,
5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006, and Texas Health
and Safety Code, §§341.002, 341.031, 361.011, 361.017, 361.024,
366.012, 382.017, 401.011, 401.051, and 401.412, which authorize the commission
to adopt any rules necessary to carry out its powers and duties under the
Water Code and other laws of Texas and to establish and approve all general
policy of the commission.
The proposed new sections implement Texas Water Code, §§5.103,
5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006, and Texas Health
and Safety Code, §§341.002, 341.031, 361.011, 361.017, 361.024,
366.012, 382.017, 401.011, 401.051, and 401.412.
§32.51. Applicability.
This subchapter applies to licenses issued under Texas Water Code,
Chapter 11, and Chapter 295 of this title (relating to Water Rights, Procedural).
§32.53. General Rules of Conveyance Applicability.
(a)
Except as provided in subsection (b) of this section, the
right to use water for the purpose of irrigation is appurtenant to the land
authorized to be irrigated and a conveyance of land with an appurtenant water
right also conveys the water right unless expressly reserved or excepted,
provided that the water right has been granted for the irrigation of land
not owned by the water right holder. This water right is personal to the
permittee and does not pass with a conveyance of the land.
(b)
A water right does not attach to the irrigated land when
held by a water corporation, water district, river authority, or governmental
entity authorized to supply water to others. Only by express written conveyance
can this water right be transferred. The foregoing is subject to all laws
relating to lawful rights of owners along ditches and canals.
(c)
If a landowner reserves a water right in a conveyance of
land authorized to be irrigated and desires to change the place of use, the
point of diversion, or the purpose of use, an application to amend the water
right must be filed with the executive director as provided by §295.71
of this title (relating to Applications to Amend a Permit).
(d)
A water right may be conveyed separately from the land,
provided that the water right must be utilized in accordance with its terms
and conditions until amended by the commission.
§32.55. Duty to Inform the Executive Director.
An owner of a water right or his or her agent must promptly inform
the executive director of any transfer of water right or change of the owner's
address in accordance with §32.11 of this title (relating to Post-Transfer
Notice to the Executive Director).
§32.57. Recording Conveyances of Water Rights.
The written instrument evidencing a water right ownership transfer
must be recorded in the office of the county clerk. Certified copies or photocopies
of the recorded instruments establishing the complete chain of title between
owners of record and the new owner must be filed with the executive director
along with a completed "Change of Ownership" form and an ownership recording
fee as required by §295.139(d) of this title (relating to Miscellaneous
Fees).
§32.59. Sale of Water Rights.
(a)
This subsection applies to the Rio Grande Basin.
(1)
The owner of a water right may convey his water right as
provided by this subchapter. The purpose and place of use may not be changed
without authorization from the commission. Owners of water rights must promptly
inform both the executive director and the watermaster of any transfers of
water rights. The new owner must file with the executive director all required
documents as identified in this subchapter. No authorization to divert may
be granted by the watermaster until the watermaster is notified of any transfer
of water rights.
(2)
If a tract of land to which a smaller water right
acreage is appurtenant is owned by more than one person in divided interests,
a water right partition agreement is required among all the owners of said
tract of land before any one of the owners can be authorized by the watermaster
to divert water. However, if the owners fail to submit a water right partition
agreement within one month after being notified by the executive director
that this agreement is needed, the executive director must administratively
divide the water rights among the owners on a prorata basis by acreage. The
owners involved may request that the executive director grant an extension
of the one month deadline not to exceed six months if extenuating circumstances
exist. If the executive director does not grant the extension, the division
will be made on a prorata basis. The executive director will recognize the
prorata shares until changes are made by valid partition agreement.
(b)
This subsection applies to all water rights transfers in
watermaster areas except those in the Rio Grande Basin.
(1)
When a water right is sold or otherwise transferred, the
new owner must promptly inform the executive director, and the watermaster
if one has been established for the authorized basin of use, of the change
of ownership and must provide the appropriate ownership documents. No authorization
to divert or impound waters will be granted by the watermaster until the
transfer of ownership is recorded with the executive director. If a tract
of land to which a smaller water right acreage is appurtenant is owned by
more than one person in divided interest, the executive director may administratively
divide the water right among the owners on a pro rata basis by acreage. If
the new ownership record is not complete, the executive director must inform
the alleged owner by letter that ownership documents must be filed within
30 days and approved by the executive director. During a 60-day period following
the date of the executive director's letter, the watermaster will honor declarations
of intent, as defined under §304.3 of this title (relating to Definitions),
by the alleged owner in accordance with the water right. After the 60-day
period, no declaration of intent will be honored until the executive director
notifies the watermaster of the approved change in ownership.
(2)
Requests for extension for the initial 60-day period
referenced in paragraph (1) of this subsection must be submitted in writing
to the executive director at least five business days before the end of the
60-day period. If the extension is granted, the watermaster may honor declarations
of intent for the alleged owner; otherwise, no declaration of intent from
the unverified owner will be honored.
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 December 18, 1996.
TRD-9700734
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: April 2, 1997
For further information, please call: (512) 239-1966
30 TAC §32.75, §32.77
The new sections are proposed under Texas Water Code, §§5.103,
5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006, and Texas Health
and Safety Code, §§341.002, 341.031, 361.011, 361.017, 361.024,
366.012, 382.017, 401.011, 401.051, and 401.412, which authorize the commission
to adopt any rules necessary to carry out its powers and duties under the
Water Code and other laws of Texas and to establish and approve all general
policy of the commission.
The proposed new sections implement Texas Water Code, §§5.103,
5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006, and Texas Health
and Safety Code, §§341.002, 341.031, 361.011, 361.017, 361.024,
366.012, 382.017, 401.011, 401.051, and 401.412.
§32.75. Applicability.
This subchapter applies to permits issued under Chapter 330 of this
title (relating to Municipal Solid Waste).
§32.77. Transfers Pertaining to Tire Registrations.
(a)
A new waste tire transporter registration application must
be submitted to the executive director within ten days of a determination
by the executive director that operations or management methods are no longer
adequately described by the existing registration or ownership of the registered
transporter is changed. Following the executive director's determination,
the old transporter registration number may be canceled or transferred to
the new registrant.
(b)
A Type VIII-R registration is transferrable contingent
upon executive director approval. A change in the federal tax identification
number will constitute a change of ownership. A new Type VIII-R storage facility
registration application and a non-refundable $500 application review fee
must be submitted to the executive director within ten days of a determination
by the executive director that operations or management methods are no longer
adequately described by the existing registration. If ownership of the registered
Type VIII-R storage facility will change or if the operator of a Type VIII-R
storage facility will change, notification of the pending change must occur
at least 60 days before the actual transfer of ownership or operations. Until
the change of ownership and/or operations of the facility is approved in
writing by the executive director, no Waste Tire Reimbursement Fund reimbursements
will occur.
(c)
A new registration application must be submitted to the
executive director within ten days of a determination by the executive director
that operation or management methods are no longer adequately described by
the existing registration. If ownership of the registered waste tire facility
will change or the location of the equipment or facility will change, notification
of the pending change must occur at least 30 days before the actual transfer
of ownership or operations. Until the change of ownership and/or operations
of the facility is approved in writing by the executive director, no reimbursements
will occur. A change in the federal tax identification number will constitute
a change of ownership.
(d)
A waste tire recycling registration is transferrable contingent
upon prior executive director approval. A change in the federal tax identification
number will constitute a change of ownership.
(e)
A waste tire energy recovery facility registration is transferrable
contingent upon prior approval from the executive director.
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 December 18, 1996.
TRD-9700733
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: April 2, 1997
For further information, please call: (512) 239-1966
30 TAC §32.101, §32.103
The new sections are proposed under Texas Water Code, §§5.103,
5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006, and Texas Health
and Safety Code, §§341.002, 341.031, 361.011, 361.017, 361.024,
366.012, 382.017, 401.011, 401.051, and 401.412, which authorize the commission
to adopt any rules necessary to carry out its powers and duties under the
Water Code and other laws of Texas and to establish and approve all general
policy of the commission.
The proposed new sections implement Texas Water Code, §§5.103,
5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006, and Texas Health
and Safety Code, §§341.002, 341.031, 361.011, 361.017, 361.024,
366.012, 382.017, 401.011, 401.051, and 401.412.
§32.101. Applicability.
This subchapter applies to the transfer of permits to carry out the
responsibilities for management of hazardous waste storage, processing, and/or
disposal activities under Chapter 305 of this title (relating to Consolidated
Permits), with the exception of permits issued under Chapter 331 of this
title (relating to Underground Injection Control).
§32.103. Requirements.
For permits involving hazardous waste under the Texas Solid Waste Disposal
Act, Texas Health and Safety Code, Chapter 361, changes in the ownership
or operational control of a facility must be made as Class 1 modifications
with prior written approval of the executive director in accordance with
§305.69 of this title (relating to Solid Waste Permit Modification at
the Request of the Permittee).
(1)
The new owner or operator must submit a revised permit
application no later than 90 days before the scheduled change. The executive
director may waive the 90-day requirement with good cause.
(2)
The application must include, in part, documentation
to satisfy the requirements of §305.50(4)(B) of this title (relating
to Additional Requirements for an Application for a Hazardous or Industrial
Solid Waste Permit).
(3)
A written agreement containing a specific date for
transfer of permit responsibility between the current and new permittees
must also be submitted to the executive director.
(4)
When a transfer of ownership or operational control
occurs, the old owner or operator must comply with the requirements of 40
Code of Federal Regulations Part 264, Subpart H, as adopted by reference
in §335.152(a)(6) of this title (relating to Standards), until the new
owner or operator has demonstrated to the executive director that he is complying
with the requirements of 40 Code of Federal Regulations Part 264, Subpart
H.
(5)
The new owner or operator must demonstrate compliance
with 40 Code Federal Regulations Part 264, Subpart H requirements within
six months of the date of the change of ownership or operational control
of the facility. Upon demonstration to the executive director by the new
owner or operator of compliance with 40 Code of Federal Regulations Part
264, Subpart H, the executive director must notify the old owner or operator
that he no longer needs to comply with 40 Code of Federal Regulations Part
264, Subpart H as of the date of demonstration.
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 December 18, 1996.
TRD-9700732
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: April 2, 1997
For further information, please call: (512) 239-1966
30 TAC §32.125, §32.127
The new sections are proposed under Texas Water Code, §§5.103,
5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006, and Texas Health
and Safety Code, §§341.002, 341.031, 361.011, 361.017, 361.024,
366.012, 382.017, 401.011, 401.051, and 401.412, which authorize the commission
to adopt any rules necessary to carry out its powers and duties under the
Water Code and other laws of Texas and to establish and approve all general
policy of the commission.
The proposed new sections implement Texas Water Code, §§5.103,
5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006, and Texas Health
and Safety Code, §§341.002, 341.031, 361.011, 361.017, 361.024,
366.012, 382.017, 401.011, 401.051, and 401.412.
§32.125. Applicability.
This subchapter applies to radioactive material licenses issued under
Chapter 336 of this title (relating to Radiation Rules).
§32.127. Radioactive Material Licenses.
(a)
It is the duty of the licensee to submit an application
to transfer a license under this section.
(b)
A license, or any right thereunder, may not be transferred,
assigned, or in any manner disposed, either voluntarily or involuntarily,
directly or indirectly, through transfer of control of the license to any
person, unless the commission finds that the transfer is in accordance with
the provisions of the Texas Radiation Control Act and applicable rules and
orders of the commission and gives its consent in writing in the form of
a major amendment to the license.
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 December 18, 1996.
TRD-9700731
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: April 2, 1997
For further information, please call: (512) 239-1966
30 TAC §§32.151, 32.153, 32.155, 32.157
The new sections are proposed under Texas Water Code, §§5.103,
5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006, and Texas Health
and Safety Code, §§341.002, 341.031, 361.011, 361.017, 361.024,
366.012, 382.017, 401.011, 401.051, and 401.412, which authorize the commission
to adopt any rules necessary to carry out its powers and duties under the
Water Code and other laws of Texas and to establish and approve all general
policy of the commission.
The proposed new sections implement Texas Water Code, §§5.103,
5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006, and Texas Health
and Safety Code, §§341.002, 341.031, 361.011, 361.017, 361.024,
366.012, 382.017, 401.011, 401.051, and 401.412.
§32.151. Applicability.
This subchapter applies to the transfer of water utilities governed
by Chapter 291 of this title (relating to Water Rates).
§32.153. Report of Sale, Merger, or Consolidation.
(a)
The utility or water supply or sewer service corporation
must notify the commission and give public notice of the proposed transaction.
The notification must be on the form required by the commission. Public notice
may be waived by the executive director for good cause shown:
(1)
at least 120 days before the proposed effective date of
any sale, acquisition, lease, rental, merger, or consolidation of any water
or sewer system required by law to possess a certificate of public convenience
and necessity; or
(2)
at least 60 days before a utility purchases voting
stock in or person acquires a controlling interest in a utility doing business
in the state.
(b)
The commission must, with or without a public hearing,
investigate the sale, acquisition, lease, rental, merger, or consolidation
to determine whether the transaction will serve the public interest.
(1)
The commission or executive director may request a contested
case hearing for those transactions.
(2)
A copy of the written agreement between parties reflecting
the specific date of transfer must be submitted to the executive director.
(c)
Before the expiration of the applicable notification period,
the executive director must notify all known parties to the transaction of
the decision to either approve the sale administratively or to request that
the commission hold a public hearing to determine if the transaction will
serve the public interest. The executive director may request a hearing if:
(1)
the notification to the commission or the public notice
was improper;
(2)
the person purchasing or acquiring the water or sewer
system is inexperienced as a utility service provider;
(3)
the person or an affiliated interest of the person
purchasing or acquiring the water or sewer system has a history of noncompliance
with the requirements of the commission or the Texas Department of Health
or of continuing mismanagement or misuse of revenues as a utility service
provider;
(4)
the person purchasing or acquiring the water or sewer
system cannot demonstrate the financial ability to provide the necessary
capital investment to ensure the provision of continuous and adequate service
to the customers of the water or sewer system; or
(5)
it is in the public interest to investigate the following
factors:
(A)
whether the seller has failed to comply with a commission
order;
(B)
the adequacy of service currently provided to the area;
(C)
the need for additional service in the requested area;
(D)
the effect of approving the transaction on the utility
or water supply or sewer service corporation, the person purchasing or acquiring
the water or sewer system, and on any retail public utility of the same kind
already serving the proximate area;
(E)
the ability of the person purchasing or acquiring the
water or sewer system to provide adequate service;
(F)
the feasibility of obtaining service from an adjacent
retail public utility;
(G)
the financial stability of the person purchasing or acquiring
the water or sewer system, including, if applicable, the adequacy of the
debt-equity ratio of the person purchasing or acquiring the water or sewer
system if the transaction is approved;
(H)
the environmental integrity; and
(I)
the probable improvement of service or lowering of cost
to consumers in that area resulting from approving the transaction.
(d)
Unless the executive director requests that a public hearing
be held, the transaction may be completed as proposed at the end of the appropriate
notification or may be completed at any time after the utility or water supply
or sewer service corporation receives notice that a hearing will not be requested.
(e)
Within 30 days after the actual effective date of the transaction,
the utility or water supply or sewer service corporation must file a signed
contract, bill of sale, or other appropriate documents as evidence that the
transaction has been made final and, for transactions other than purchases
or acquisitions of voting stock, documentation that customer deposits have
been transferred or refunded to the customer with interest as required by
these rules.
(f)
If a hearing is requested or if the utility or water supply
or sewer service corporation fails to provide the required notification or
public notice, the transaction may not be completed unless the commission
determines that the proposed transaction serves the public interest.
(g)
The conveyance of any water or sewer system required by
law to possess a certificate of public convenience and necessity that is
not completed in accordance with the provisions of Texas Water Code, §13.301
is void.
(h)
The requirements of Texas Water Code §13.301, do not
apply to the purchase of replacement property, to a transaction under Texas
Water Code, §13.255, or to foreclosure on the physical assets of a utility.
(i)
If a utility facility or system is sold and the facility
or system was partially or wholly constructed with customer contributions
in aid of construction derived from specific surcharges approved by the regulatory
authority over and above revenues required for normal operating expenses
and return, the utility may not sell or transfer any of its assets, its certificate
of convenience and necessity, or controlling interest in an incorporated
utility, unless the utility provides to the purchaser or transferee before
the date of the sale or transfer a written disclosure relating to the contributions.
The disclosure must contain, at a minimum, the total dollar amount of the
contributions and a statement that the contributed property or capital may
not be included in invested capital or allowed depreciation expense by the
regulatory authority in rate-making proceedings.
(j)
A utility or a water supply or sewer service corporation
that proposes to sell, assign, lease, or rent its facilities must notify
the other party to the transaction of the requirements of this section before
signing an agreement to sell, assign, lease, or rent its facilities.
§32.155. Transfer of Certificate of Convenience and Necessity.
(a)
A certificate is issued in person, continues in force until
further order of the commission, and may be transferred only by the approval
of the commission. Any attempted transfer is not effective for any purpose
until actually approved by the commission.
(b)
Except as provided by Texas Water Code, §13.255, a
utility or a water supply or sewer service corporation may not sell, assign,
or lease a certificate of public convenience and necessity or any right obtained
under a certificate unless the commission has determined that the purchaser,
assignee, or lessee is capable of rendering adequate and continuous service
to every consumer within the certificated area, after considering the factors
under Texas Water Code, §13.246(c). The sale, assignment, or lease must
be on the conditions prescribed by the commission.
(c)
If the executive director does not request a hearing, the
commission may approve the transfer by order at a regular meeting of the
commission.
(d)
If a hearing is requested, the application will be processed
in accordance with Chapter 263 of this title (relating to Final Approval
By Executive Director, Evaluation of Request for Contested Case Hearing).
(e)
The commission may approve a sale, acquisition, lease or
rental, or merger or consolidation and/or transfer of a certificate of convenience
and necessity if it determines that the transaction is in the public interest
after considering:
(1)
if notice has been properly given;
(2)
if the retail public utility which will acquire the
facilities or certificate is capable of rendering adequate and continuous
service to every consumer within the certificated area, after considering
the factors set forth in Texas Water Code, §13.246(c). The commission
may refuse to approve a sale, acquisition, lease, rental, merger, or consolidation
and/or transfer where conditions of a judicial decree, compliance agreement,
or other enforcement order have not been substantially met;
(3)
the experience of the person purchasing or acquiring
the water or sewer system as a utility service provider;
(4)
the history of the person or an affiliated interest
of the person in complying with the requirements of the commission or the
Texas Department of Health or of properly managing or using revenues as a
utility service provider; or
(5)
the ability of the person purchasing or acquiring
the water or sewer system to provide the necessary capital investment to
ensure the provision of continuous and adequate service to the customers
of the water or sewer system.
(f)
Within 30 days after the sale or transfer of any utility
or operating units thereof, the seller must file with the commission, under
oath, in addition to other information, a list showing the names and addresses
of all customers served by this utility or unit who have to their credit
a deposit, the date this deposit was made, the amount thereof, and the unpaid
interest thereon. All such deposits must be refunded to the customers or
transferred to the new owner, with all accrued interest. §32.157. Cessation
of Operations by a Retail Public Utility. If a utility abandons operation
of its facilities without commission authorization, the commission may appoint
a temporary manager to take over operations of the facilities to ensure continuous
and adequate service.
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 December 18, 1996.
TRD-9700730
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: April 2, 1997
For further information, please call: (512) 239-1966
30 TAC §32.175, §32.177
The new sections are proposed under Texas Water Code, §§5.103,
5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006, and Texas Health
and Safety Code, §§341.002, 341.031, 361.011, 361.017, 361.024,
366.012, 382.017, 401.011, 401.051, and 401.412, which authorize the commission
to adopt any rules necessary to carry out its powers and duties under the
Water Code and other laws of Texas and to establish and approve all general
policy of the commission.
The proposed new sections implement Texas Water Code, §§5.103,
5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006, and Texas Health
and Safety Code, §§341.002, 341.031, 361.011, 361.017, 361.024,
366.012, 382.017, 401.011, 401.051, and 401.412.
§32.175. Applicability.
This subchapter applies to the transfer of water districts governed
by Chapter 293 of this title (relating to Water Districts).
§32.177. Special Considerations for Water District Creation.
With respect to special utility districts, a water supply corporation
may not be converted to a special utility district unless the water supply
corporation is to be dissolved after the conversion. A certified copy of
the dissolution order must be filed with the executive director. The certificate
of convenience and necessity for the water supply corporation will automatically
be transferred to the district.
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 December 18, 1996.
TRD-9700729
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: April 2, 1997
For further information, please call: (512) 239-1966
30 TAC §§32.201, 32.203, 32.205
The new sections are proposed under Texas Water Code, §§5.103,
5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006, and Texas Health
and Safety Code, §§341.002, 341.031, 361.011, 361.017, 361.024,
366.012, 382.017, 401.011, 401.051, and 401.412, which authorize the commission
to adopt any rules necessary to carry out its powers and duties under the
Water Code and other laws of Texas and to establish and approve all general
policy of the commission.
The proposed new sections implement Texas Water Code, §§5.103,
5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006, and Texas Health
and Safety Code, §§341.002, 341.031, 361.011, 361.017, 361.024,
366.012, 382.017, 401.011, 401.051, and 401.412.
§32.201. Applicability.
This subchapter applies to permits for storage, processing, incineration,
or disposal of sewage sludge issued under Chapter 312 of this title (relating
to Sludge Use, Disposal, and Transportation), wastewater discharge issued
under Chapter 305 of this title (relating to Consolidated Permits), and concentrated
animal feeding operation and commercial livestock and poultry production
operation issued under Chapter 321 of this title (relating to Control of
Certain Activities by Rule).
§32.203. Application Submittal.
A person who seeks a transfer of the following permits, licenses, or
other authorizations must submit an application under §32.9 and §32.13
of this title (relating to Application and Pre-Transfer Notice to the Executive
Director):
(1)
registration for the beneficial use of domestic sewage
sludge under §312.12(a) of this title (relating to Registration of Land
Application Activities);
(2)
permit to process, dispose of, or incinerate domestic
sewage sludge under §312.11(b) of this title (relating to Permits);
(3)
wastewater discharge permit under §305.43(a)
of this title (relating to Who Applies);
(4)
concentrated animal feeding operation permit under
§321.184(b) of this title (relating to Application Requirements); and
(5)
commercial livestock and poultry production operation
permit under §321.34(a) of this title (relating to Procedures for Making
Application for a Permit). §32.205. Sewage Sludge Beneficial Use Registration
Applications Processing. In addition to the signature requirements in §32.9(4)
of this title (relating to Application), both the registered site operator
and the landowner must sign the transfer application. In order to transfer
a sewage sludge beneficial use registration, an application for transfer
that is not signed by both the registered site operator and the landowner
will be considered a request for cancellation.
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 December 18, 1996.
TRD-9700728
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: April 2, 1997
For further information, please call: (512) 239-1966
Subchapter A. Applicability and General Provisions
30 TAC §§39.1, 39.5, 39.11, 39.13, 39.17
The Texas Natural Resource Conservation Commission (commission)
proposes amendments to §§39.1, 39.5, 39.11, 39.13, and 39.17, concerning
applicability and general provisions; and proposes new §§39.301,
39.303, 39.305, 39.307, 39.309, and 39.311, concerning public notice of radioactive
material license applications.
EXPLANATION OF PROPOSED RULE. These rules are proposed as a companion to
the commission's proposed radioactive substance rules. The purpose of these
proposed rules is to incorporate certain procedural revisions into the commission's
rules to adapt the radioactive substance rules to the existing procedural
requirements of the commission.
The radioactive substance rules are being proposed as a result of Senate
Bill (SB) 2, First Called Session, 72nd Legislature, and SB 1043, 73rd Legislature,
and to incorporate, with modifications, rules previously adopted by reference
from the Texas Department of Health (TDH). The new rules are needed to adapt
the previous TDH rules to commission requirements. Further, they incorporate
revisions and additions which are needed to maintain compatibility with the
rules of the United States Nuclear Regulatory Commission (NRC). Compatibility
of the commission's rules with the federal program is necessary to preserve
the status of Texas as an Agreement State under Title 10 Code of Federal
Regulations Part 150 and the "Articles of Agreement between the United States
Atomic Energy Commission and the State of Texas for Discontinuance of Certain
Commission Regulatory Authority and Responsibility Within the State Pursuant
to Section 274 of the Atomic Energy Act of 1954, as Amended."
A brief description of the changes to each of the proposed subchapters
follows. Commission staff has also prepared an issues paper that describes
in more detail the proposed radioactive substance rules and the accompanying
procedural revisions. The paper also gives a detailed description of proposed
provisions to be incorporated based on NRC requirements. Copies of this issues
paper may be obtained by contacting Jace A. Houston at (512) 239-4641, or
by mail at TNRCC Office of Policy and Regulatory Development, MC 203, P.O.
Box 13087, Austin, Texas 78711-3087.
The proposed amendments to Subchapter A revise parts of the commission's
general public notice provisions to make them compatible with the radioactive
substance rules. The proposed amendments make the commission's public notice
requirements generally applicable to license applications under Chapter 336,
while certain sections are specifically amended so that they are not applicable
to Chapter 336 license applications. The proposed amendments also make conforming
changes with regard to environmental analyses and applications for minor
amendments.
Proposed new Subchapter F sets forth the public notice requirements for
radioactive material license applications. The proposed new sections establish
requirements for when notice must be mailed and/or published and list the
required recipients of notice for each type of license. The rules also provide
for proof and certification of notice.
FISCAL NOTE. Stephen Minick, Strategic Planning and Appropriations Division,
has determined that for the first five-year period the sections as proposed
are in effect there will be fiscal implications anticipated as a result of
enforcement and administration of the sections. The effect on state government
will be an increase in revenues of at least $312,000 in annual license fees.
In addition, revenues will increase as a result of the adoption of increased
application fees. The actual increased revenue to be produced will depend
on the number of applications made and has not been determined. There are
no significant fiscal implications anticipated for local governments.
PUBLIC BENEFIT. Mr. Minick has also determined that for the first five
years the sections as proposed are in effect the public benefit anticipated
as a result of enforcement of and compliance with the sections will be clarification
of existing regulations relating to regulation of radioactive substances,
improved consistency between state and federal regulations and more effective
recovery of costs of regulation of radioactive substances. Compliance with
the proposed state regulations will result in no significant costs to affected
persons that would not otherwise result from compliance with the existing
federal regulations proposed for incorporation, except for increases in fees
under Chapter 336, Subchapter B (relating to Radioactive Substance Fees)
that are required to fully recover the costs of the state program. Under
the proposed rules, fees for applications for most types of facilities are
unchanged. For certain types of facilities, however, application fees will
increase by as much as $19,000. For commercial disposal facilities, a new
application fee of $64,415 is proposed. Annual license fees for existing
facilities will be amended under these rules, varying from a decrease of
$25,139 per year to an increase of $48,406 per year. The average increase
in annual license fees is $18,370. There are no direct fiscal implications
anticipated for small businesses.
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact
Assessment for these rules pursuant to Texas Government Code Annotated, §2007.043.
The following is a summary of that Assessment. The specific purpose of the
rules is to incorporate rules previously adopted by reference from the TDH
following the transfer of jurisdiction over source material recovery and
processing and disposal of radioactive substances to the commission. The
proposed rules would also maintain compatibility of commission rules with
the NRC, which is necessary to preserve the status of Texas as an Agreement
State. The rules will substantially advance this specific purpose by setting
standards for protection against radiation, by adopting regulations for the
disposal of radioactive materials, by clearly outlining the regulated community's
responsibilities, and by more clearly establishing compatibility with NRC
requirements. Promulgation and enforcement of these rules could burden private
real property that is the subject of the rules.
However, the following exceptions to the application of Texas Government
Code Chapter 2007 listed in Texas Government Code, §2007.003(b) apply
to these rules: Sections 2007.003(b)(4)--an action that is reasonably taken
to fulfill an obligation mandated by federal law; and §2007.003(b)(13)--an
action that is taken in response to a real and substantial threat to public
health and safety, that is designed to significantly advance the health and
safety purpose, and that does not impose a greater burden than is necessary
to achieve the health and safety purpose.
SUBMITTAL OF COMMENTS. Written comments may be mailed to Bettie Bell, TNRCC
Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin,
Texas 78711-3087, or faxed to (512) 239-4808. All comments should reference
Rule Log Number 95031-336-WS. Comments must be received by 5:00 p.m., 30
days from the date of publication of this proposal. For further information,
please contact Devane Clarke at (512) 239-5604 or Kathy Vail at (512) 239-6637.
STATUTORY AUTHORITY. These amendments are proposed under the
Texas Radiation Control Act (TRCA), Texas Health and Safety Code, §§401.011,
401.051, and 401.412, and Texas Water Code, §5.103, which give the commission
the authority to adopt rules necessary to carry out its responsibilities
to regulate the disposal of radioactive substances and the recovery and processing
of source material.
These amendments implement Texas Health and Safety Code, Chapter 401.
§39.1.Applicability.
This chapter applies to:
(1) - (4)
(No change.)
(5)
hearings under Chapter 80 of this title (relating
to Contested Case Hearings) concerning applications for air quality permits
under Chapter 116 of this title (relating to Control of Air Pollution by
Permits for New Construction or Modification); [and]
(6)
hearings on contested enforcement cases under Chapter
80 of this title
; and
[.]
(7)
applications for radioactive material licenses under Chapter 336 of this
title (relating to Radioactive Substance Rules).
§39.5.General Provisions.
(a) - (b)
(No change.)
(c)
When this chapter requires notice by mail, notice by hand
delivery may be substituted. Mailing is complete upon deposit of the document,
enclosed in a prepaid, properly addressed wrapper, in a post office or official
depository under the care and custody of the United States Postal Service.
If hand delivery is by courier-receipted delivery, the delivery is complete
upon the courier taking possession.
This subsection
does not apply to applications for radioactive material licenses under Chapter
336 of this title (relating to Radioactive Substance Rules).
(d) - (e)
(No change.)
(f)
When this chapter requires an applicant to publish notice,
the applicant must file an affidavit with the chief clerk certifying facts
that constitute compliance with the requirement. The deadline to file the
affividavit is the day of the public meeting for notice of public meeting,
two days before a public hearing for notice of a public hearing, and 30 days
after the last publication for other published notices. For notice of a public
meeting, the applicant must also submit the affidavit to the executive director
no later than the day of the public meeting. Filing an affidavit certifying
facts that constitute compliance with notice requirements creates a rebuttable
presumption of compliance with the requirement to publish notice.
This subsection does not apply to applications for radioactive material
licenses under Chapter 336 of this title.
(g)
When this chapter requires notice to be published according
to this subsection, the applicant shall publish notice in a newspaper of
the largest general circulation that is published in the county in which
the facility is located or proposed to be located. If a newspaper is not
published in the county, the notice must be published in a newspaper of general
circulation in the county in which the facility is located or proposed to
be located. If a newspaper is not published in the county, and the application
concerns an application for a new or amended municipal solid waste permit,
and publication of notice of intent, notice of draft permit, or notice of
hearing, then the applicant shall publish notice in a newspaper of the largest
general circulation that is published in the county in which the facility
is located or proposed to be located and in a newspaper of circulation in
the immediate vicinity in which the facility is located or proposed to be
located, and such notice may be satisfied by one publication if the publishing
newspaper meets both circulation requirements.
This
subsection does not apply to applications for radioactive material licenses
under Chapter 336 of this title.
(h)
When this chapter requires notice be broadcast according
to this subsection, the applicant shall broadcast notice of the application
on one or more local radio stations that broadcast to an area that includes
all of the county in which the facility is located. The executive director
may require that the broadcasts be made to an area that also includes contiguous
counties.
This subsection does not apply to applications
for radioactive material licenses under Chapter 336 of this title.
§39.11.Text of Public Notice.
When notice by publication or by mail is required by this chapter,
the text of the notice must include:
(1) - (10)
(No change.)
(11)
a statement of whether the executive director has
prepared a draft permit; [and]
(12)
if applicable, a statement that the application or
requested action is subject to the Coastal Management Program and must be
consistent with the Coastal Management Program goals and policies
; and
[.]
(13)
for radioactive material licenses under Chapter 336 of this title (relating
to Radioactive Substance Rules), if applicable, a statement that a written
environmental analysis on the application has been prepared by the executive
director, is available to the public for review, and that written comments
may be submitted.
§39.13.Mailed Notice.
(a)
When this chapter requires mailed
notice under this section, the chief clerk shall mail notice to:
(1)
the landowners named on the application map or supplemental
map, or the sheet attached to the application map or supplemental map;
(2)
the mayor and health authorities of the city or town
in which the facility is or will be located or in which waste is or will
be disposed of;
(3)
the county judge and health authorities of the county
in which the facility is or will be located or in which waste is or will
be disposed of;
(4)
the Texas Department of Health;
(5)
the Texas Parks and Wildlife Department;
(6)
the Texas Railroad Commission;
(7)
if applicable, state and federal agencies for which
notice is required in 40 Code of Federal Regulations, §124.10(c);
(8)
if applicable, persons on a mailing list developed
and maintained in accordance with 40 Code of Federal Regulations, §124.10(c)(1)(ix);
(9)
the applicant;
(10)
if the application concerns an injection well, the
Water Well Drillers Advisory Council;
(11)
persons on a relevant mailing list kept under §39.7
of this title (relating to Mailing Lists);
(12)
any other person the executive director or chief
clerk may elect to include;
(13)
if applicable, the secretary of the Coastal Coordination
Council; and
(14)
persons who filed public comment or hearing requests
on or before the deadline for filing public comment or hearing requests.
(b)
This
section does not apply to applications for radioactive material licenses
under Chapter 336 of this title (relating to Radioactive Substance Rules).
§39.17.Notice of Minor Amendment.
(a)
(No change.)
(b)
Subsection (a) of this section does not apply to
:
(1)
applications seeking a minor
amendment of a wastewater discharge permit. For such applications, the notice
requirements are in §39.151(c) of this title (relating to Application
for Wastewater Discharge Permit, including Application for the Disposal of
Sewage Sludge or Water Treatment Sludge).
(2)
applications for a minor amendment to radioactive material licenses. For
such applications, the notice requirements are specified in Subchapter F
of this chapter (relating to Public Notice of Radioactive Material License
Applications).
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Issued in Austin, Texas, on January 21, 1997.
TRD-9701000
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: March 3, 1997
For further information, please call: (512) 239-6087
30 TAC §§39.301, 39.303, 39.305, 39.307, 39.309, 39.311
These new sections are proposed under the Texas Radiation
Control Act (TRCA), Texas Health and Safety Code §§401.011, 401.051,
and 401.412, and Texas Water Code, §5.103, which give the commission
the authority to adopt rules necessary to carry out its responsibilities
to regulate the disposal of radioactive substances and the recovery and processing
of source material.
These new sections implement Texas Health and Safety Code Chapter 401.
§39.301.Notice of Declaration of Administrative Completeness.
When an application under Chapter 336 of this title (relating to Radioactive
Substance Rules) has been declared administratively complete, the chief clerk
shall mail notice in accordance with the requirements of this subchapter.
§39.303.Notice of License Applications Upon Completion of Technical Review.
(a)
When the executive director has completed the technical
review of an application for a license, major amendment, or renewal of a
license issued under Chapter 336 of this title (relating to Radioactive Substance
Rules) or for minor amendments issued under Chapter 336, Subchapter H of
this title (relating to Licensing Requirements for Near-Surface Land Disposal
of Radioactive Waste), notice shall be mailed and published in accordance
with the requirements of this subchapter. The deadline to file public comment,
protests, or hearing requests is 30 days after publication.
(b)
For an application for minor amendment to a license issued
under Chapter 336, Subchapter F of this title (relating to Alternative Methods
of Disposal of Radioactive Material) or Subchapter G of this title (relating
to Licensing Requirements for Source Material (Uranium or Thorium) Recovery
and Processing Facilities), notice shall be mailed in accordance with the
requirements of this subchapter. The deadline to file public comment, protests,
or hearing requests is ten days after mailing.
§39.305.Mailed Notice for Radioactive Material Licenses.
When notice by mail is required under this subchapter, the chief clerk
shall mail notice to:
(1)
the mayor and health authorities of the city in which the
facility is or will be located, or, for licenses issued under Chapter 336,
Subchapter G of this title (relating to Licensing Requirements for Source
Material (Uranium or Thorium) Recovery and Processing Facilities), the mayor
and health authorities of each incorporated city whose city limits are within
five highway miles of the site of the facility;
(2)
the county judge and health authorities of the county
in which the facility is or will be located;
(3)
any person who submitted a written request in advance
to be notified of any licensing action on this type of license;
(4)
the applicant;
(5)
for applications under Chapter 336, Subchapter F of
this title (relating to Licensing of Alternative Methods of Disposal) or
Subchapter H of this title (relating to Licensing Requirements for Near-Surface
Land Disposal of Radioactive Waste), each owner of property adjacent to the
proposed site; or, for licenses under Chapter 336, Subchapter G of this title,
owners of property within 1,000 feet of the perimeter of the proposed license
area. For the purposes of determining property ownership under this subsection,
the applicant shall provide the chief clerk the names of the relevant landowners
from the county tax rolls that are available no more than 30 days before
the date of newspaper publication of the notice;
(6)
for applications under Chapter 336, Subchapter G of
this title, the chief executive of each political subdivision and special
district levying taxes upon all or any part of the site of the facility and
each member of the Texas Legislature in whose district the facility is or
will be located; and
(7)
any other person the chief clerk or executive director
may elect to include.
§39.307.Published Notice.
(a)
For applications under Chapter 336, Subchapter F of this
title (relating to Alternative Methods of Disposal of Radioactive Material)
or Subchapter G of this title (relating to Licensing Requirements for Source
Material (Uranium or Thorium) Recovery and Processing Facilities), when notice
is required to be published under this subchapter, the applicant shall publish
notice at least once in a newspaper of general circulation in the county
in which the facility is or will be located, or, if no newspaper is published
in the county or counties in which the facility is or will be located, in
a newspaper of general circulation in each county adjacent to the county
in which the facility is located. In addition, in the same edition that the
notice is published, the applicant shall publish an advertisement outside
the notice section of the newspaper that directs the reader to the notice
section for the details of the proposed licensing action.
(b)
For applications for a new license, renewal license or
major amendment to a license issued under Chapter 336, Subchapter H of this
title (relating to Licensing Requirements for Near-Surface Land Disposal
of Radioactive Waste), when notice is required to be published under this
subchapter, the applicant shall publish notice in a newspaper published in
the county or counties in which the facility is or will be located. If no
newspaper is published in the county or counties in which the facility is
or will be located, a written copy of the notice shall be posted at the courthouse
door and five other public places in the immediate locality to be affected.
The notice shall be posted for at least 31 days.
(c)
In addition to published notice requirements in subsection
(b) of this section, for an amendment of a license under Chapter 336, Subchapter
H of this title, the chief clerk shall publish notice once in the Texas Register.
§39.309.Notice of Contested Case Hearing on Application.
(a)
The requirements of this section apply when an application
is referred to the State Office of Administrative Hearings (SOAH) for a contested
case hearing under Chapter 80 of this title (relating to Contested Case Hearings).
(b)
For applications under Chapter 336, Subchapter F of this
title (relating to Licensing of Alternative Methods of Disposal) or Subchapter
G of this title (relating to Licensing Requirements for Source Material (Uranium
or Thorium) Recovery and Processing Facilities), notice shall be mailed no
later than 30 days before the hearing. For applications under Chapter 336,
Subchapter H of this title (relating to Licensing Requirements for Near-Surface
Land Disposal of Radioactive Waste), notice shall be mailed no later than
31 days before the hearing.
(c)
For applications under Chapter 336, Subchapter G of this
title, if a hearing has been set at the time the notice of application is
provided, the notice of hearing may be combined with the notice of application.
(d)
A written environmental analysis, if required, shall be
made available to the public no later than 31 days before the date of hearing.
§39.311.Proof and Certification of Notice.
(a)
Notice shall be mailed by certified mail, return receipt
requested. Proof of mailing to the proper address on the return receipt shall
be accepted as conclusive evidence of the fact of the mailing.
(b)
The applicant shall file proof of publication with the
chief clerk within 30 days after publication. Acceptance of an affidavit
executed by the publisher accompanied by a printed copy of the notice as
published creates a rebuttable presumption of compliance with the requirement
to publish notice.
(c)
The applicant shall file proof of posting with the chief
clerk within 30 days of posting. Proof of posting may be made by the return
affidavit of the sheriff or constable, or, by the affidavit of a credible
person made on a copy of the posted notice showing the fact of the posting.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on January 21, 1997.
TRD-9701001
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: March 3, 1997
For further information, please call: (512) 239-6087
Subchapter D. Other Provisions
30 TAC §70.121
The commission proposes new §70.121, concerning Enforcement.
The primary purpose of the proposed new section is to place those existing
involuntary transfer requirements for permits, licenses, and other authorizations,
which are enforcement in nature, with other enforcement requirements.
EXPLANATION OF PROPOSED RULE. Existing requirements in 30 TAC §305.64
will be moved into this new section.
FISCAL NOTE. Stephen Minick, Strategic Planning and Appropriations Division,
has determined that for the first five years the section as proposed is in
effect there will be no significant fiscal implications for state government
as a result of administration and enforcement of the section. The effect
on local governments subject to the provisions of the section as proposed
will be similar to those for any other permit holder or recipient.
PUBLIC BENEFIT. Mr. Minick has also determined that for the first five
years the section as proposed is in effect the public benefit anticipated
as a result of enforcement of and compliance with the section will be increased
accessibility to and comprehension of agency enforcement regulations. There
are no economic costs anticipated for any person required to comply with
the section as proposed. The effects of the section as proposed will generally
benefit any permit holder or recipient, including small businesses, involved
in a transfer, although the effect is not anticipated to represent a significant
savings in terms of the costs of transferring permits or other authorizations.
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact
Assessment for this rule pursuant to Texas Government Code, §2007.043.
The following is a summary of that assessment. The specific purpose of the
rule is to make it easier for the public to use agency rules. The rule will
substantially advance this specific purpose by cutting portions of the existing
involuntary transfer requirements from their current location within the
rules and placing them under a new subchapter within the enforcement chapter
(Chapter 70, Subchapter D). Promulgation and enforcement of this rule will
not burden private real property which is the subject of the rule because
there is no substantive change in existing requirements, only a change in
the organization of the rules.
PUBLIC HEARING. A public hearing on this proposal will be held March 3,
1997, at 2:00 p.m. in Building F, Room 5108, at the Texas Natural Resource
Conservation Commission complex, located at 12100 North IH-35, Park Technology
Center, Austin. Individuals may present oral statements when called upon
in order of registration. Open discussion within the audience will not occur
during the hearing; however, an agency staff member will be available to
discuss the proposal 30 minutes prior to the hearing and will answer questions
before and after the hearing.
SUBMITTAL OF COMMENTS. Written comments may be mailed to Lisa Martin, TNRCC
Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin,
Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference
Rule Log Number 96147-032-AD. Comments must be received by 5:00 p.m., March
3, 1997. For further information, please contact Catherine Collins, Policy
Research Division, (512) 239-0389.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearings should contact the agency at
(512) 239-4900. Requests should be made as far in advance as possible.
STATUTORY AUTHORITY. The new section is proposed under Texas
Water Code, §§5.103, 5.105, 13.041, 26.011, 27.019, 32.009, 33.007,
and 34.006, and Texas Health and Safety Code, §§341.002, 341.031,
361.011, 361.017, 361.024, 366.012, 382.017, 401.011, 401.051, and 401.412,
which authorize the commission to adopt any rules necessary to carry out
its powers and duties under the Water Code and other laws of Texas and to
establish and approve all general policy of the commission.
The new section implements Texas Water Code, §§5.103, 5.105,
13.041, 26.011, 27.019, 32.009, 33.007, and 34.006, and Texas Health and
Safety Code, §§341.002, 341.031, 361.011, 361.017, 361.024, 366.012,
382.017, 401.011, 401.051, and 401.412.
§70.121. Involuntary Transfer of Permits.
This section applies to involuntary transfers of all permits other
than those covered under Chapter 32, Subchapters B and E of this title (relating
to Water Rights and Radioactive Material Licenses).
(1)
The commission may transfer a permit involuntarily after
notice to the permit holder and an opportunity for hearing if:
(A)
the permittee has failed or is failing to comply with
commission rules, orders, permits, or other authorizations;
(B)
the permitted facilities have been or are about to be
abandoned;
(C)
the permittee has been or is operating the permitted facilities
in a manner which creates an imminent and substantial endangerment to the
public health or the environment;
(D)
foreclosure, insolvency, bankruptcy, or similar proceedings
have rendered the permittee unable to construct the permitted facilities
or adequately perform its responsibilities in operating the facilities; or
(E)
transfer of the permit would maintain the quality of water
in the state consistent with the public health and enjoyment, the propagation
and protection of terrestrial and aquatic life, the operation of existing
industries, and the economic development of the state and/or would minimize
the damage to the environment; and
(F)
the transferee has demonstrated the willingness and ability
to comply with the permit and all other applicable requirements.
(2)
The commission may transfer permits to an interim
permittee pending an ultimate decision on a permit transfer if it finds that
the permittee is about to abandon or cease operation of the facilities; or
the permittee has abandoned or ceased operating the facilities.
(3)
The executive director, the Office of Public Interest
Counsel, and the permittee are parties to any hearing regarding involuntary
transfers under paragraph (1) of this section.
(4)
The commission may initiate proceedings in accordance
with Texas Water Code, Chapter 13 for the appointment of a receiver consistent
with commission rules.
(5)
The commission may approve a transfer by order at
a commission meeting.
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 January 9, 1997.
TRD-9700727
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: April 2, 1997
For further information, please call: (512) 239-1966
30 TAC §§101.1, 101.6, 101.7, 101.11
The commission proposes amendments to §101.1, concerning
Definitions and §101.11, concerning Exemptions from Rules and Regulations
and new §101.6, concerning Upset Reporting and Recordkeeping Requirements
and §101.7, concerning Maintenance, Start-up and Shutdown Reporting,
Recordkeeping, and Operational Requirements. In concurrent rulemaking, the
commission is proposing the repeal of §101.6, concerning Notification
Requirement for Major Upset and §101.7, concerning Notification Requirements
for Maintenance and revisions to the State Implementation Plan (SIP) regarding
these proposals.
EXPLANATION OF PROPOSED RULES. The proposal is intended to clarify when
and how unauthorized air emissions during upsets, maintenance, start-ups,
and shutdowns must be recorded and reported, considering reporting requirements
found in other state and federal regulations, enhancement of compliance,
and utilization of agency resources. Specifically, the revisions are intended
to use the same reporting tools as the commission's spill prevention and
control rules found in 30 TAC Chapter 327 which coordinate the reporting
requirements found in the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (CERCLA) (42 United States Code Annotated (USCA),
§§9601-9675) and the Emergency Planning and Community Right-To-Know
Act of 1986 (EPCRA) (42 USCA, §§11001-11050), and the related regulations
implementing these Acts. The reporting requirements under CERCLA, EPCRA,
and the spill rules are based on reportable quantities (RQs). CERCLA, EPCRA,
and the spill rules all require the reporting of any release which equals
or exceeds an RQ. The proposed rule would facilitate consistent reporting
for state and federal programs.
The proposed revisions incorporate the concept of using RQs as the mechanism
that defines what should be reported immediately. The proposed definition
of RQ also establishes quantities for several air contaminants significant
to Texas industries, and defines a default RQ of 100 pounds for air contaminants
not listed in the federal rules or this definition, which is similar to the
CERCLA default RQ of 100 pounds for unlisted hazardous substances. The concept
of opacity is included in the definition of RQ, and opacity reporting and
recordkeeping are adjusted due to the difficulty in estimating the emission
quantity. The RQs are not intended to represent a judgment as to the specific
degree of hazard associated with certain releases, but rather function as
a mechanism by which the regulated community will know when to notify the
commission of an unauthorized emission. The recordkeeping requirements replace
the need for reporting of all events, allowing the agency to focus on the
more significant events in the short term while enhancing the information
more appropriately handled in the long term.
In addition to comments on the specific language and impacts of the proposed
rules, the commission solicits suggestions on alternative language or approaches
on how unauthorized air emissions during upsets, maintenance, start-ups,
and shutdowns should be recorded, reported, limited, or exempted. The commission
specifically wants comments on how to eliminate any duplicate or unnecessary
reporting or information. The commission also specifically would like comments
on how continuous emission monitors (CEMs) provide the same or similar information
and how the requirements of the proposed rules should be modified or made
inapplicable to avoid unnecessary duplication.
If adopted, these revisions will be submitted to the United States Environmental
Protection Agency (EPA) as a revision to the SIP. The commission also solicits
comments on delaying the effect of these rules until EPA approval.
The proposed amendments to §101.1 would delete the definition of "major
upset" and add definitions for "non-reportable upset," "reportable quantity,"
"reportable upset," "upset," and "unauthorized emission." The definition
of unauthorized emissions specifically includes compounds and elements the
agency does not want to consider in records and reports. The definitions
would establish the distinction between reportable and non-reportable upsets
through the use of numerical values for reportable quantities. The air contaminants
listed within the reportable quantity definition are not listed in CERCLA
and EPCRA, but are air contaminants significant to Texas industries. Additional
compounds may be added through rulemaking. The agency considered use of additional
generic categories such as particulate matter, volatile organic compounds,
alkanes, and alkenes. These categories were not proposed to ensure the agency
would receive appropriate information on the chemical characteristics of
the release. Particulate matter, volatile organic compounds, and alkene groups
can include significantly hazardous constituents listed in CERCLA, EPCRA,
and agency permits. Alkanes were not added as a group because the most common
gaseous alkanes are individually listed at the maximum RQ that the commission
considered appropriate.
The proposed new §101.6 would establish the reporting and recordkeeping
requirements for upsets, including establishment of a time frame for making
certain decisions related to reporting and recordkeeping. Any requirement
for additional information would be at the discretion of the executive director.
The owners or operators will continue to be required to provide timely notification
of reportable upsets, but the language "as soon as practicable" is intended
to provide the flexibility to make a cursory determination of whether the
upset has or will exceed a reportable quantity, and allow sufficient time
to gather enough information to make a reasonably informative report. Where
obvious health and human safety impacts are occurring or have occurred, more
immediate reporting is expected. The outside limit for reporting is 24 hours
from discovery of the upset. The concept of a compound descriptive air contaminant
is introduced to clarify that compound specific information is not required
when it cannot be determined, but to ensure that the owner or operator provides
as much insight as possible regarding the nature of the material released.
The proposal also clarifies that an estimate of the quantity is acceptable,
rather than an exact quantity. For upsets involving opacity exceedences only,
the owner/operator would not have to estimate the excess weight of air contaminants.
The location, magnitude, and the chemical characteristics of the release
are the important factors that will aid the agency in its short term response.
The amendments require that a record of any upset be created within two weeks
of the occurrence and that the record be retained for two years.
An unauthorized air release of regular unleaded gasoline provides a good
example of the commission's expectations of the new reporting requirements.
Obviously, it would be impractical to provide an exact speciation of all
the compounds in a gasoline release, and the major constituents of gasoline,
branched-chain paraffins, cycloparaffins, and aromatics are well known. Regular
unleaded gasoline is relatively descriptive as compared to a description
like volatile organic compounds. If the release is from evaporation of a
spill from an overfilled gasoline tank, or is a mist coming off the top of
a distillation column, the compound description should include that type
of information. The reportable quantity for regular unleaded gasoline would
normally be the 100-pound default RQ. Knowledge of the basic makeup of the
gasoline at the facility should be used to ensure that the known CERCLA and
EPCRA constituents of the gasoline are not controlling the reportable quantity
or forcing the owner/operator to use the RQ of the most hazardous constituent
as the mixture default RQ. For example, benzene is a known hazardous constituent
of gasoline and has a listed RQ of ten pounds. Owners or operators who know
the benzene in their gasoline is never greater than about 5.0% by weight
(or five pounds benzene per 100 pounds gasoline) would know the benzene RQ
is not the controlling RQ. This same analysis is generally true of the other
CERCLA and EPCRA constituents of gasoline. Additives with an RQ of one pound
would have to be greater than 1.0% by weight to be the controlling RQ in
a gasoline, or any mixture. It would be important for an owner or operator
to be aware of and report unusually high concentrations of hazardous additives,
such as lead compounds, which would effect the toxic nature of the mixture.
The proposed new §101.7 establishes the reporting, recordkeeping,
and operational requirements for maintenance, start-ups, and shutdowns. The
new section utilizes the concept of reportable quantities for the purpose
of limiting the number of required reports. The section retains the specific
authority of the executive director to establish the amount, time, and duration
of emissions allowed during the maintenance, start-up, or shutdown, which
is currently codified in §101.11(b). The executive director also retains
the specific authority to require a detailed plan on how these emissions
can be limited. The proposed new section would require that maintenance,
start-up, and shutdown events which were not expected to equal or exceed
an RQ but which resulted in reportable emissions, be considered upsets. As
such, they would be subject to the requirements for upset reporting and recordkeeping,
and the additional standard of "unavoidability" to be eligible for an upset
exemption under §101.11.
The language prohibiting the creation of nuisances during upsets, maintenance,
start-ups, and shutdowns in existing sections §101.6 and §101.7
would not be carried into the proposed new sections. This prohibition is
retained in §101.11(f).
The proposed amendments to §101.11 establish conditions for an exemption
of unauthorized emissions from limits in permits, rules, and orders of the
commission during upsets, maintenance, start-ups, and shutdowns. The amendments
to §101.11 would eliminate the requirement for the executive director
to take definitive action to exempt unauthorized emissions during upsets.
This action cannot be practically provided in all cases. Eliminating the
requirement will provide the regulated community with more certainty of the
availability of exemptions. The amendments would retain separate exemptions
for upsets and for maintenance, start-up, and shutdown.
The proposed exemption for upsets would establish the requirement that
the owner or operator must comply with §101.6 for an upset to be exempt.
This retains the concept in the current rule that upsets must be correctly
reported, which provides an appropriate incentive for the regulated community
to communicate reportable upsets to the agency. The proposal retains the
commission's practice that requires upsets to be reasonably unavoidable in
order to be exempt. In general, the agency considers such factors as the
use of good engineering practice, the presence of negligence, or the repetition
of similar upsets in evaluating the unavoidability of an upset. The amendments
modify language in the current rule that has been interpreted to require
a shutdown even in circumstances where a shutdown would result in higher
emissions than continuing to operate in an upset condition. The proposal
retains the requirement that an owner or operator must take appropriate corrective
action, which could include shutdown. Specifically, the commission intends
that appropriate action should include minimization of emissions in concert
with correction of the upset.
The proposed exemption for maintenance, start-up, and shutdown would establish
the requirement that the owner or operator must comply with §101.7 to
receive the exemption for unauthorized emissions during those activities.
This retains the concept in the current rule that maintenance, start-ups,
and shutdowns must be correctly reported, which provides an appropriate incentive
for the regulated community to communicate these activities to the agency.
The amended exemption would further establish the requirement for emissions
to be minimized to the extent practicable. The executive director's specific
authority to establish the amount, time, and duration of emissions allowed
would be moved to §101.7. It is not common practice for the executive
director to set limits where maintenance, start-up, and shutdown are expected
to cause unauthorized emissions, so the exemption criteria of minimizing
emissions to the extent practicable is important in ensuring that the owner
or operator takes reasonable precautions in their internal plans for these
activities.
FISCAL NOTE. Steve Minick, Strategic Planning and Appropriations Division,
has determined that for the first five years the sections as proposed are
in effect, there will be no fiscal implications for state or local government
as a result of enforcement and administration of the sections.
PUBLIC BENEFIT. Mr. Minick has also determined that for the first five
years the sections as proposed are in effect, the public benefit anticipated
as a result of the sections will be the ability of the commission to concentrate
short term resources on the larger releases of air pollutants and more effectively
evaluate unauthorized releases in the long term. There are no additional
regulatory burdens on small businesses. There is no anticipated economic
cost for persons who are required to comply with the sections as proposed.
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact
Assessment for the sections under Texas Government Code, §2007.043.
The following is a summary of that assessment. The specific purpose of these
sections is to clarify when and how unauthorized emissions must be reported
and recorded and when those unauthorized emissions can be exempt from limits
established in permits, rules, and orders of the commission. Promulgation
and enforcement of the sections will not affect private real property.
PUBLIC HEARING. A public hearing on the proposal will be held March 6,
1997, at 2:00 p.m. in Room 2210 of TNRCC Building F, located at 12100 Park
35 Circle, Austin. The hearing is structured for the receipt of oral or written
comments by interested persons regarding this proposal and request for alternatives.
Individuals may present oral statements when called upon in order of registration.
Open discussion within the audience will not occur during the hearing; however,
a TNRCC staff member will be available to discuss the proposal 30 minutes
prior to the hearing and will answer questions before and after the hearing.
SUBMITTAL OF COMMENTS. Written comments regarding this proposal and request
for alternatives may be mailed to Lisa Martin, Office of Policy and Regulatory
Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to
(512) 239-4808. All comments should reference Rule Log Number 96154-101-AI.
Comments must be received by 5:00 p.m., March 13, 1997. For further information,
please contact Jeff Greif, Office of Compliance and Enforcement, (512) 239-1534,
or Beecher Cameron, Office of Policy and Regulatory Development, (512) 239-1495.
STATUTORY AUTHORITY. The amendments and new sections are proposed
under the Texas Health and Safety Code, the Texas Clean Air Act (TCAA), §382.017,
which provides the TNRCC with the authority to adopt rules consistent with
the policy and purposes of the TCAA.
The proposed amendments and new sections implement Health and Safety Code,
§382.017.
§101.1.Definitions.
Unless specifically defined in the Texas Clean Air Act (TCAA) or in
the rules of the
commission
[Texas Natural
Resource Conservation Commission (Commission)], the terms used by the
[Major upset
-An unscheduled occurrence or excursion of a process
or operation that results in an emission of air contaminants that contravenes
the Texas Clean Air Act and is beyond immediate control, or a release that
is initiated to protect life in the immediate or adjacent areas.]
Non-reportable upset
-Any upset that is not a reportable upset as defined in this section.
Reportable quantity (RQ)
type-name="bold">—Is as follows:
(A)
for substances, either:
(i)
the
lowest of the quantities:
(I)
listed
in 40 Code of Federal Regulations (CFR), §302, Table 302.4, the column
"final RQ";
(II)
listed in 40 CFR, §355, Appendix A, the column "Reportable Quantity";
or
(III)
listed as follows:
(-a-)
butane-5,000 pounds;
(-b-)
butenes (except 1,3-butadiene)-5,000 pounds;
(-c-)
ethylene-5,000 pounds;
(-d-)
carbon monoxide-5,000 pounds;
(-e-)
isobutylene-5,000 pounds;
(-f-)
pentane-5,000 pounds;
(-g-)
propane-5,000 pounds;
(-h-)
propylene-5,000 pounds; or
(ii)
if not listed in clause (i) of this subparagraph, 100 pounds;
(B)
for mixtures:
(i)
where
the relative amount of constituents is known, any amount of a constituent
which equals or exceeds the amount specified in subparagraph (A) of this
definition;
(ii)
where the relative amount of constituents is not known, an amount of mixture
which equals or exceeds the amount of any single constituent specified in
subparagraph (A) of this definition;
(C)
for opacity, an opacity which is 15% above the applicable limit, averaged
over a six-minute period.
Reportable upset
-Any upset which, in any 24-hour period, results in an unauthorized emission
of air contaminants equal to or in excess of the reportable quantity as defined
in this section.
Upset
-An unscheduled occurrence or excursion of a process or operation that results
in an unauthorized emission of air contaminants.
Unauthorized emission
-An emission of any air contaminant except carbon dioxide, water, nitrogen,
methane, ethane, noble gases, hydrogen, and oxygen which exceeds any limit
in a permit, rule or order of the commission.
§101.6.Upset Reporting and Recordkeeping Requirements.
(a)
The following requirements for reportable upsets shall
apply.
(1)
As soon as practicable, but not later than 24 hours after
the discovery of an upset, the owner or operator shall:
(A)
determine if the upset is a reportable upset; and
(B)
notify the commission's regional office for the region
in which the facility is located and all appropriate local air pollution
control agencies if the upset is reportable.
(2)
The notification for reportable upsets shall
identify:
(A)
the processes and equipment involved;
(B)
the date and time of the upset;
(C)
the duration or expected duration of the upset;
(D)
the compound descriptive type of air contaminant(s) released
or expected to be released during the upset; and
(E)
the estimated quantities of the air contaminant(s) released
or expected to be released during the upset, except in the case of upsets
determined on opacity only, where the volumetric flow rate and opacity shall
be estimated.
(3)
The owner or operator of a facility must report
additional or more detailed information on the upset when requested by the
executive director.
(b)
The owner or operator of a facility shall create records
of reportable and non-reportable upsets as soon as practicable but no later
than two weeks after an upset. The records shall be maintained on site for
a minimum of two years and be made readily available upon request to commission
staff or personnel of any local air pollution program having jurisdiction.
If a site is not normally staffed, then records of upsets may be maintained
at the staffed location within Texas that is responsible for day-to-day operations
of the site. Such records shall identify:
(1)
the cause of the upset;
(2)
the processes and equipment involved;
(3)
the date and time of the upset;
(4)
the duration of the upset;
(5)
the compound descriptive type of the air contaminant(s)
released during the upset;
(6)
the estimated quantities of the air contaminant(s)
released during the upset, except in the case of upsets determined on opacity
only, where the volumetric flow rate and opacity shall be estimated; and
(7)
the corrective actions taken to eliminate the upset
and/or minimize the emissions.
(c)
The owner or operator of any facility subject to the provisions
of this section shall perform, upon request by the executive director, a
technical evaluation of the upset event. The evaluation shall include at
least an analysis of the probable causes of the upset and any necessary actions
to prevent or minimize recurrence. The evaluation shall be submitted in writing
to the executive director within 60 days from the date of request. The 60-day
period may be extended by the executive director.
§101.7.Maintenance, Start-up and Shutdown Reporting, Recordkeeping, and Operational Requirements.
(a)
All pollution emission capture equipment and abatement
equipment shall be maintained in good working order and operated properly
during normal facility operations. Emission capture and abatement equipment
shall be considered in good working order and operated properly when operated
in a manner such that the facility is capable of operating within limitations
established by permit, rule, or order of the commission.
(b)
The owner or operator shall notify the commission's regional
office for the region in which the facility is located and all appropriate
local air pollution control agencies at least ten days prior to any maintenance,
start-up, or shutdown which is expected to cause an unauthorized emission
which equals or exceeds the reportable quantity in any 24-hour period. If
notice cannot be given ten days prior to any start-up, shutdown, or maintenance
which is expected to cause an unauthorized emission that will equal or exceed
a reportable quantity in any 24-hour period, notification shall be given
as soon as practicable prior to the maintenance, start-up, or shutdown. Any
maintenance, start-up, or shutdown which results in an unexpected unauthorized
emission that equals or exceeds the reportable quantity shall be considered
a reportable upset and subject to §101.6 of this title (relating to
Upset Reporting and Recordkeeping Requirements). The notification shall include:
(1)
the expected date and time of the maintenance, start-up,
or shutdown;
(2)
the processes and equipment involved;
(3)
the expected duration of the maintenance, start-up,
or shutdown;
(4)
the compound descriptive type of the air contaminant(s)
expected to be released during the maintenance, start-up, or shutdown; and
(5)
the estimated quantities of the air contaminant(s)
expected to be released during the maintenance, start-up, or shutdown, except
in the case of unauthorized emissions based on opacity only, where the volumetric
flow rate and opacity shall be estimated.
(c)
The owner or operator of a facility shall create records
of all maintenance, start-ups, and shutdowns with unauthorized emissions
as soon as practicable but no later than two weeks after the maintenance,
start-up, or shutdown. The records shall be maintained on-site for a minimum
of two years and be made readily available upon request to commission staff
or personnel of any local air pollution program having jurisdiction. If a
site is not normally staffed, then records of upsets may be maintained at
the staffed location within Texas that is responsible for day to day operations
of the site. Such records shall identify:
(1)
the type of activity and the reason for the maintenance,
start-up, or shutdown;
(2)
the processes and equipment involved;
(3)
the date and time of the maintenance, start-up, or
shutdown;
(4)
the duration of the maintenance, start-up, or shutdown;
(5)
the compound descriptive type of the air contaminant(s)
released during the maintenance, start-up, or shutdown;
(6)
the estimated quantities of the air contaminant(s)
released during the maintenance, start-up, or shutdown, except in the case
of unauthorized emissions based on opacity only, where the volumetric flow
rate and opacity shall be estimated; and
(7)
the actions taken to minimize the emissions from the
maintenance, start-up, or shutdown.
(d)
The executive director may specify the amount, time, and
duration of emissions that will be allowed during the maintenance, start-up,
or shutdown. The owner or operator of any source subject to the provisions
of this section shall submit a technical plan for any start-up, shutdown,
or maintenance when requested by the executive director. The plan shall contain
a detailed explanation of the means by which emissions will be minimized
during the maintenance, start-up, or shutdown. For those emissions which
must be released into the atmosphere, the plan shall include the reasons
such emissions cannot be reduced further.
§101.11.Exemptions from Rules and Regulations.
(a)
Upset
emissions are exempt from compliance with emissions limits established in
permits, rules, and orders of the commission if:
(1)
the
owner or operator properly complies with the requirements of §101.6
of this title (relating to Upset Reporting and Recordkeeping Requirements);
(2)
the upset was not reasonably avoidable; and
(3)
appropriate corrective actions were taken as soon as practicable after initiation
of the upset.
[(a)
Emissions occurring during major upsets may not be required
to meet the allowable emission levels set by the rules and regulations upon
proper notification as set forth in §101.6 of this title (relating to
Notification Requirements for Major Upset), if a determination is made by
the executive director after consultation with appropriate local agencies
and with appropriate officials of the subject source that the upset conditions
were unavoidable and that a shutdown or other corrective actions were taken
as soon as practicable.]
(b)
Emissions
from any maintenance, start-up, or shutdown are exempt from compliance with
emission limits established in permits, rules, and orders of the commission
if the owner or operator complies with the requirements of §101.7 of
this title (relating to Maintenance, Start-up and Shutdown Reporting, Recordkeeping,
and Operational Requirements), and the emissions are minimized to the extent
practicable.
[(b)
Emissions occurring during start-up or shutdown of processes
or during periods of maintenance may not be required to meet the allowable
emission levels set by the rules and regulations if so determined by the
executive director upon proper notification as set forth in §101.7 of
this title (relating to Notification Requirements for Maintenance). The executive
director may specify the amount, time, and duration of emissions that will
be allowed during start-up and shutdown and during periods of maintenance].
(c)-(f)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on January 8, 1997.
TRD-9700973
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: April 30, 1997
For further information, please call: (512) 239-1966
30 TAC §101.6, §101.7
(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 Natural Resource Conservation Commission or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The commission proposes the repeal of §101.6,
concerning Notification Requirement for Major Upset and §101.7, concerning
Notification Requirements for Maintenance.
EXPLANATION OF PROPOSED REPEALS. The purpose of the repeals is to allow
the adoption of new §101.6, concerning Upset Reporting and Recordkeeping
Requirements and §101.7, concerning Maintenance, Start-up and Shutdown
Reporting, Recordkeeping, and Operational Requirements in concurrent rulemaking.
FISCAL NOTE. Steve Minick, Strategic Planning and Appropriations Division,
has determined that for the first five years the repeals as proposed are
in effect, there will be no fiscal implications for state or local government
as a result of enforcement and administration of the repeals.
PUBLIC BENEFIT. Mr. Minick has also determined that for the first five
years the repeals as proposed are in effect, the public benefit anticipated
as a result of the repeals will be the ability of the commission to concentrate
attention on the larger releases of air pollutants. There are no anticipated
effects on small businesses. There is no anticipated economic cost for persons
who are required to comply with the repeals as proposal.
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact
Assessment for this proposal under Texas Government Code, §2007.043.
The following is a summary of that assessment. The specific purpose of the
repeals is to clarify when and how unauthorized emissions must be reported
and to achieve consistency with other state and federal law. Promulgation
and enforcement of the repeals will not affect private real property.
PUBLIC HEARING. A public hearing on the proposal will be held March 6,
1997, at 2:00 p.m. in Room 2210 of TNRCC Building F, located at 12118 North
IH-35, Park 35 Technology Center, Austin. The hearing is structured for the
receipt of oral or written comments by interested persons. Individuals may
present oral statements when called upon in order of registration. Open discussion
within the audience will not occur during the hearing; however, an agency
staff member will be available to discuss the proposal 30 minutes prior to
the hearing and will answer questions before and after the hearing.
SUBMITTAL OF COMMENTS. Written comments may be mailed to Lisa Martin, TNRCC,
Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin,
Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference
Rule Log Number 96154-101-AI. Comments must be received by 5:00 p.m., March
13, 1997. For further information, please contact Jeff Greif, Engineering
Services Section, (512) 239-1534, or Beecher Cameron, Office of Policy and
Regulatory Development, (512) 239-1495.
STATUTORY AUTHORITY. The repeals are proposed under the Texas Health and
Safety Code, the Texas Clean Air Act (TCAA), §382.017, which provides
the TNRCC with the authority to adopt rules consistent with the policy and
purposes of the TCAA.
The proposed repeals implement Health and Safety Code, §382.017.
§101.6.Notification Requirements for Major Upset.
§101.7.Notification Requirements for Maintenance.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Issued in Austin, Texas, on January 8, 1997.
TRD-9700972
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: April 30, 1997
For further information, please call: (512) 239-1966
Subchapter B. New Source Review Permits
Permit Application
30 TAC §116.110
The commission proposes an amendment to §116.110, concerning
Applicability. The primary purpose of the proposed amendment is to consolidate
requirements for transfers of permits, licenses, and other authorizations
into a new 30 TAC Chapter 32. The amendment also will eliminate duplicative,
confusing, and overly bureaucratic language.
EXPLANATION OF PROPOSED RULE. The proposed amendment will cut existing
transfer requirements from §116.110(c) and place them into the new Chapter
32.
FISCAL NOTE. Stephen Minick, Strategic Planning and Appropriations Division,
has determined that for the first five years the section as proposed is in
effect there will be no significant fiscal implications for state government
as a result of administration and enforcement of the section. The effect
on local governments subject to the provisions of the section as proposed
will be similar to those for any other permit holder or recipient.
PUBLIC BENEFIT. Mr. Minick has also determined that for the first five
years the section as proposed is in effect the public benefit anticipated
as a result of enforcement of and compliance with the section will be increased
accessibility to and comprehension of agency requirements for transfers of
permits, licenses, and other authorizations due to the consolidation and
streamlining of existing transfer requirements. There are no economic costs
anticipated for any person required to comply with the section as proposed.
The effects of the section as proposed will generally benefit any permit
holder or recipient, including small businesses, involved in a transfer,
although the effect is not anticipated to represent a significant savings
in terms of the costs of transferring permits or other authorizations.
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact
Assessment for this rule pursuant to Texas Government Code, §2007.043.
The following is a summary of that assessment. The specific purpose of the
rule is to make it easier for the public to use agency rules, specifically
the requirements for transfers of permits, licenses, and other authorizations.
The rule will substantially advance this specific purpose by cutting the
existing requirements from their current location within the rules and placing
them under a single chapter (Chapter 32). Promulgation and enforcement of
this rule will not burden private real property which is the subject of the
rule because there is no substantive change in existing requirements, only
a change in the organization of the rules.
PUBLIC HEARING. A public hearing on this proposal will be held March 3,
1997, at 2:00 p.m. in Building F, Room 5108, at the Texas Natural Resource
Conservation Commission complex, located at 12100 North IH-35, Park Technology
Center, Austin. Individuals may present oral statements when called upon
in order of registration. Open discussion within the audience will not occur
during the hearing; however, an agency staff member will be available to
discuss the proposal 30 minutes prior to the hearing and will answer questions
before and after the hearing.
SUBMITTAL OF COMMENTS. Written comments may be mailed to Lisa Martin, TNRCC
Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin,
Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference
Rule Log Number 96147-032-AD. Comments must be received by 5:00 p.m., March
3, 1997. For further information, please contact Catherine Collins, Policy
Research Division, (512) 239-0389.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the agency at
(512) 239-4900. Requests should be made as far in advance as possible.
STATUTORY AUTHORITY. The amendment is proposed under Texas Water
Code, §§5.103, 5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and
34.006, and Texas Health and Safety Code, §§341.002, 341.031, 361.011,
361.017, 361.024, 366.012, 382.017, 401.011, 401.051, and 401.412, which
authorize the commission to adopt any rules necessary to carry out its powers
and duties under the Water Code and other laws of Texas and to establish
and approve all general policy of the commission.
The proposed amendment implements Texas Water Code, §§5.103,
5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006, and Texas Health
and Safety Code, §§341.002, 341.031, 361.011, 361.017, 361.024,
366.012, 382.017, 401.011, 401.051, and 401.412.
§116.110. Applicability.
(a)-(b)
(No change.)
[(c)
Change in ownership.
[(1)
The new owner of a facility which previously has received
a permit or special permit from the TNRCC shall not be required to apply
for a new permit or special permit, and the change of ownership shall not
be subject to the public notification requirements of this chapter, provided
that within 30 days after the change of ownership the new owner notifies
the TNRCC of the change. The notification shall include a certification of
each of the following:
[(A)
the ownership change has occurred and the new owner agrees
to be bound by all conditions of the permit or special permit and all representations
made in the application for permit or special permit and any amendments to
the permit;
[(B)
there will be no change in the type of pollutants emitted;
[(C)
there will be no increase in the quantity of pollutants
emitted.
[(2)
The new owner of the facility is required to
comply with all conditions of the permit or special permit and all representations
made in the application for permit or special permit and any amendments to
the permit.]
(c)
[(d)]
Submittal under seal
of registered professional engineer. All applications for permit or permit
amendment with an estimated capital cost of the project above $2 million,
and not subject to any exemption contained in the Texas Engineering Practice
Act (TEPA), shall be submitted under seal of a registered professional engineer.
However, nothing in this subsection shall limit or affect any requirement
which may apply to the practice of engineering under the TEPA or the actions
of the Texas State Board of Registration for Professional Engineers. For
purposes of this subsection, the estimated capital cost is defined in §116.141
of this title (relating to Determination of Fees).
(d)
[(e)]
Responsibility for
permit application. The owner of the facility or the operator of the facility
authorized to act for the owner is responsible for complying with this section.
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 December 18, 1996.
TRD-9700726
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: April 2, 1997
For further information, please call: (512) 239-1966
Subchapter G. Certificates of Convenience and Necessity
30 TAC §291.109
(Editor's Note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices
of the Texas Natural Resource Conservation Commission or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The commission proposes the repeal of §291.109,
concerning Water Rates. The primary purpose of the proposed repeal is to
consolidate requirements for transfers of permits, licenses, and other authorizations
into a new 30 TAC Chapter 32. The repeal also will eliminate duplicative,
confusing, and overly bureaucratic language.
EXPLANATION OF PROPOSED RULE. The proposed repeal will correct references
within the sections and cut existing transfer requirements from §§291.109,
291.110(d), 291.112(a), (b), (c)(4)-(6), and (d), and 291.115 and place them
into the new Chapter 32.
FISCAL NOTE. Stephen Minick, Strategic Planning and Appropriations Division,
has determined that for the first five years the repeal as proposed is in
effect there will be no significant fiscal implications for state government
as a result of administration and enforcement of the repeal. The effect on
local governments subject to the provisions of the repeal as proposed will
be similar to those for any other permit holder or recipient.
PUBLIC BENEFIT. Mr. Minick has also determined that for the first five
years the repeal as proposed is in effect the public benefit anticipated
as a result of enforcement of and compliance with the repeal will be increased
accessibility to and comprehension of agency requirements for transfers of
permits, licenses, and other authorizations due to the consolidation and
streamlining of existing transfer requirements. There are no economic costs
anticipated for any person required to comply with the repeal as proposed.
The effects of the repeal as proposed will generally benefit any permit holder
or recipient, including small businesses, involved in a transfer, although
the effect is not anticipated to represent a significant savings in terms
of the costs of transferring permits or other authorizations.
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact
Assessment for the rule pursuant to Texas Government Code, §2007.043.
The following is a summary of that assessment. The specific purpose of the
rule is to make it easier for the public to use agency rules, specifically
the requirements for transfers of permits, licenses, and other authorizations.
The rule will substantially advance this specific purpose by cutting the
existing requirements from their current location within the rule and placing
them under a single chapter (Chapter 32). Promulgation and enforcement of
the rule will not burden private real property which is the subject of the
rule because there is no substantive change in existing requirements, only
a change in the organization of the rules.
PUBLIC HEARING. A public hearing on this proposal will be held March 3,
1997, at 2:00 p.m. in Building F, Room 5108, at the Texas Natural Resource
Conservation Commission complex, located at 12100 North IH-35, Park Technology
Center, Austin. Individuals may present oral statements when called upon
in order of registration. Open discussion within the audience will not occur
during the hearing; however, an agency staff member will be available to
discuss the proposal 30 minutes prior to the hearing and will answer questions
before and after the hearing.
SUBMITTAL OF COMMENTS. Written comments may be mailed to Lisa Martin, TNRCC
Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin,
Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference
Rule Log Number 96147-032-AD. Comments must be received by 5:00 p.m., March
3, 1997. For further information, please contact Catherine Collins, Policy
Research Division, (512) 239-0389.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the agency at
(512) 239-4900. Requests should be made as far in advance as possible.
STATUTORY AUTHORITY. The repeal is proposed under Texas Water
Code, §§5.103, 5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and
34.006, and Texas Health and Safety Code, §§341.002, 341.031, 361.011,
361.017, 361.024, 366.012, 382.017, 401.011, 401.051, and 401.412, which
authorize the commission to adopt any rules necessary to carry out its powers
and duties under the Water Code and other laws of Texas and to establish
and approve all general policy of the commission.
The proposed repeal implements Texas Water Code, §§5.103, 5.105,
13.041, 26.011, 27.019, 32.009, 33.007, and 34.006, and Texas Health and
Safety Code, §§341.002, 341.031, 361.011, 361.017, 361.024, 366.012,
382.017, 401.011, 401.051, and 401.412.
§291.109. Report of Sale, Merger, or Consolidation.
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 December 18, 1996.
TRD-9700725
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: April 2, 1997
For further information, please call: (512) 239-1966
30 TAC §§291.110, 291.112, 291.115
The commission proposes amendments to §§291.110,
291.112, and 291.115, concerning Water Rates. The primary purpose of the
proposed amendments is to consolidate requirements for transfers of permits,
licenses, and other authorizations into a new 30 TAC Chapter 32. The amendments
also will eliminate duplicative, confusing, and overly bureaucratic language.
EXPLANATION OF PROPOSED RULES. The proposed amendments will correct references
within the sections and cut existing transfer requirements from §§291.109,
291.110(d), 291.112(a), (b), (c)(4)-(6), and (d), and 291.115 and place them
into the new Chapter 32.
FISCAL NOTE. Stephen Minick, Strategic Planning and Appropriations Division,
has determined that for the first five years these sections as proposed are
in effect there will be no significant fiscal implications for state government
as a result of administration and enforcement of the sections. The effect
on local governments subject to the provisions of the sections as proposed
will be similar to those for any other permit holder or recipient.
PUBLIC BENEFIT. Mr. Minick has also determined that for the first five
years these sections as proposed are in effect the public benefit anticipated
as a result of enforcement of and compliance with the sections will be increased
accessibility to and comprehension of agency requirements for transfers of
permits, licenses, and other authorizations due to the consolidation and
streamlining of existing transfer requirements. There are no economic costs
anticipated for any person required to comply with these sections as proposed.
The effects of these sections as proposed will generally benefit any permit
holder or recipient, including small businesses, involved in a transfer,
although the effect is not anticipated to represent a significant savings
in terms of the costs of transferring permits or other authorizations.
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact
Assessment for these rules pursuant to Texas Government Code, §2007.043.
The following is a summary of that assessment. The specific purpose of the
rules is to make it easier for the public to use agency rules, specifically
the requirements for transfers of permits, licenses, and other authorizations.
The rules will substantially advance this specific purpose by cutting the
existing requirements from their current location within the rules and placing
them under a single chapter (Chapter 32). Promulgation and enforcement of
these rules will not burden private real property which is the subject of
the rules because there is no substantive change in existing requirements,
only a change in the organization of the rules.
PUBLIC HEARING. A public hearing on this proposal will be held March 3,
1997, at 2:00 p.m. in Building F, Room 5108, at the Texas Natural Resource
Conservation Commission complex, located at 12100 North IH-35, Park Technology
Center, Austin. Individuals may present oral statements when called upon
in order of registration. Open discussion within the audience will not occur
during the hearing; however, an agency staff member will be available to
discuss the proposal 30 minutes prior to the hearing and will answer questions
before and after the hearing.
SUBMITTAL OF COMMENTS. Written comments may be mailed to Lisa Martin, TNRCC
Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin,
Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference
Rule Log Number 96147-032-AD. Comments must be received by 5:00 p.m., March
3, 1997. For further information, please contact Catherine Collins, Policy
Research Division, (512) 239-0389.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the agency at
(512) 239-4900. Requests should be made as far in advance as possible.
STATUTORY AUTHORITY. The amendments are proposed under Texas
Water Code, §§5.103, 5.105, 13.041, 26.011, 27.019, 32.009, 33.007,
and 34.006, and Texas Health and Safety Code, §§341.002, 341.031,
361.011, 361.017, 361.024, 366.012, 382.017, 401.011, 401.051, and 401.412,
which authorize the commission to adopt any rules necessary to carry out
its powers and duties under the Water Code and other laws of Texas and to
establish and approve all general policy of the commission.
The proposed amendments implement Texas Water Code, §§5.103,
5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006, and Texas Health
and Safety Code, §§341.002, 341.031, 361.011, 361.017, 361.024,
366.012, 382.017, 401.011, 401.051, and 401.412.
§291.110. Foreclosure and Bankruptcy.
(a)-(c)
(No change.)
(d)
The financial institution may operate the utility for an
interim period not to exceed 12 months before transferring
according to Chapter 32 of this title (relating to Transfers of Permits,
Licenses, and Other Authorizations)
or otherwise obtaining a certificate
of convenience and necessity unless the executive director in writing extends
the time period. A financial institution that operates a utility during an
interim period under this subsection is subject to each commission rule to
which the utility was subject and in the same manner.
§291.112. Transfer of Certificate of Convenience and Necessity.
[(a)
Effective date of transfer. A certificate is issued in
person and, continues in force until further order of the commission, and
may be transferred only by the approval of the commission. Any attempted
transfer is not effective for any purpose until actually approved by the
commission.
[(b)
Sell, assignment, or lease of certificate of convenience
and necessity. Except as provided by the Texas Water Code, §13.255 a
utility or a water supply or sewer service corporation may not sell, assign,
or lease a certificate of public convenience and necessity or any right obtained
under a certificate unless the commission has determined that the purchaser,
assignee, or lessee is capable of rendering adequate and continuous service
to every consumer within the certificated area, after considering the factors
under the Texas Water Code, §13.246(c). The sale, assignment, or lease
shall be on the conditions prescribed by the commission.]
[(c)]
Notice of proposed sale, acquisition, lease, rental,
merger, or consolidation and transfer of a certificate of convenience and
necessity.
(1)
Unless notice is waived by the executive director for good
cause shown, mailed notice shall be given to customers of the water or sewer
system to be sold, acquired, leased or rented or merged or consolidated and
other affected parties as determined by the executive director on the form
prescribed by the executive director and shall include the following:
(A)
the name and business address of the currently certificated
retail public utility and the retail public utility which will acquire the
facilities or certificate;
(B)
a description of the service area of the retail public
utility being transferred;
(C)
the anticipated effect of the acquisition or transfer
on the operation or the rates and services provided to customers being transferred;
and
(D)
a statement that persons who wish to comment upon the
action sought should contact the designated representative of the executive
director at the commission's mailing address within 30 days of mailing or
publication of notice, whichever occurs later.
(2)
The commission may require the applicant to publish
notice once each week for two consecutive weeks in a newspaper of general
circulation in the area in which the retail public utility being transferred
is located and publication may be allowed in lieu of individual notice as
required in this subsection.
(3)
The applicant shall mail the notice to cities and
neighboring retail public utilities providing the same utility service within
two miles of the requested service area, and any city with an extraterritorial
jurisdiction which overlaps the proposed service area.
[(4)
If the executive director does not request a hearing,
the commission may approve the transfer by order at a regular meeting of
the commission.
[(5)
If a hearing is requested, the application will be
processed in accordance with Chapter 263 of this title (relating to Final
Approval By Executive Director, Evaluation of Request for Contested Case
Hearing).
[(6)
The commission may approve a sale, acquisition, lease
or rental, or merger or consolidation and/or transfer of a certificate of
convenience and necessity if it determines that the transaction is in the
public interest after considering:
[(A)
if notice has been properly given;
[(B)
if the retail public utility which will acquire the facilities
or certificate is capable of rendering adequate and continuous service to
every consumer within the certificated area, after considering the factors
set forth in the Texas Water Code, §13.246(c). The commission may refuse
to approve a sale, acquisition, lease, rental, merger, or consolidation and/or
transfer where conditions of a judicial decree, compliance agreement or other
enforcement order have not been substantially met;
[(C)
the experience of the person purchasing or acquiring
the water or sewer system as a utility service provider;
[(D)
the history of the person or an affiliated interest of
the person in complying with the requirements of the commission or the Texas
Department of Health or of properly managing or using revenues as a utility
service provider; or
[(E)
the ability of the person purchasing or acquiring the
water or sewer system to provide the necessary capital investment to ensure
the provision of continuous and adequate service to the customers of the
water or sewer system.
[(d)
Reporting of customer deposits. Within 30 days after the
sale or transfer of any utility or operating units thereof, the seller shall
file with the commission, under oath, in addition to other information, a
list showing the names and addresses of all customers served by such utility
or unit who have to their credit a deposit, the date such deposit was made,
the amount thereof, and the unpaid interest thereon. All such deposits shall
be refunded to the customers or transferred to the new owner, with all accrued
interest.]
§291.115. Cessation of Operations by a Retail Public Utility.
(a)-(i)
(No change.)
[(j)
If a utility does abandon operation of its facilities
without commission authorization, the commission may appoint a temporary
manager to take over operations of the facilities to ensure continuous and
adequate service.]
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 December 18, 1996.
TRD-9700724
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: April 2, 1997
For further information, please call: (512) 239-1966
Creation of Water Districts
30 TAC §293.13
The commission proposes an amendment to §293.13, concerning
Special Considerations for Water District Creation. The primary purpose of
the proposed amendment is to consolidate requirements for transfers of permits,
licenses, and other authorizations into a new 30 TAC Chapter 32. The amendment
also will eliminate duplicative, confusing, and overly bureaucratic language.
EXPLANATION OF PROPOSED RULE. The proposed amendment will cut existing
transfer requirements from §293.13(b)(2) and place them into the new
Chapter 32.
FISCAL NOTE. Stephen Minick, Strategic Planning and Appropriations Division,
has determined that for the first five years the section as proposed is in
effect there will be no significant fiscal implications for state government
as a result of administration and enforcement of the section. The effect
on local governments subject to the provisions of the section as proposed
will be similar to those for any other permit holder or recipient.
PUBLIC BENEFIT. Mr. Minick has also determined that for the first five
years the section as proposed is in effect the public benefit anticipated
as a result of enforcement of and compliance with the section will be increased
accessibility to and comprehension of agency requirements for transfers of
permits, licenses, and other authorizations due to the consolidation and
streamlining of existing transfer requirements. There are no economic costs
anticipated for any person required to comply with the section as proposed.
The effects of the section as proposed will generally benefit any permit
holder or recipient, including small businesses, involved in a transfer,
although the effect is not anticipated to represent a significant savings
in terms of the costs of transferring permits or other authorizations.
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact
Assessment for the rule pursuant to Texas Government Code, §2007.043.
The following is a summary of that assessment. The specific purpose of the
rule is to make it easier for the public to use agency rules, specifically
the requirements for transfers of permits, licenses, and other authorizations.
The rule will substantially advance this specific purpose by cutting the
existing requirements from their current location within the rules and placing
them under a single chapter (Chapter 32). Promulgation and enforcement of
this rule will not burden private real property which is the subject of the
rule because there is no substantive change in existing requirements, only
a change in organization of the rules.
PUBLIC HEARING. A public hearing on this proposal will be held March 3,
1997, at 2:00 p.m. in Building F, Room 5108 at the Texas Natural Resource
Conservation Commission complex, located at 12100 North IH-35, Park Technology
Center, Austin. Individuals may present oral statements when called upon
in order of registration. Open discussion within the audience will not occur
during the hearing; however, an agency staff member will be available to
discuss the proposal 30 minutes prior to the hearing and will answer questions
before and after the hearing.
SUBMITTAL OF COMMENTS. Written comments may be mailed to Lisa Martin, TNRCC
Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin,
Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference
Rule Log Number 96147-032-AD. Comments must be received by 5:00 p.m., March
3, 1997. For further information, please contact Catherine Collins, Policy
Research Division, (512) 239-0389.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the agency at
(512) 239-4900. Requests should be made as far in advance as possible.
STATUTORY AUTHORITY. The amendment is proposed under Texas Water
Code, §§5.103, 5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and
34.006, and Texas Health and Safety Code, §§341.002, 341.031, 361.011,
361.017, 361.024, 366.012, 382.017, 401.011, 401.051, and 401.412, which
authorize the commission to adopt any rules necessary to carry out its powers
and duties under the Water Code and other laws of Texas and to establish
and approve all general policy of the commission.
The proposed amendment implements Texas Water Code, §§5.103,
5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006, and Texas Health
and Safety Code, §§341.002, 341.031, 361.011, 361.017, 361.024,
366.012, 382.017, 401.011, 401.051, and 401.412.
§293.13. Special Considerations for Water District Creation.
(a)
(No change.)
(b)
The following considerations shall apply only with respect
to special utility districts.
(1)
The legal description accompanying the resolution requesting
conversion of a water supply corporation, as defined in [the] Texas Water
Code, §65.001(10), to a special utility district shall conform to the
legal description of the service area of the water supply corporation as
such service area appears in the certificate of public convenience and necessity
issued by the commission or by the Public Utility Commission of Texas to
the water supply corporation except that any area of the water supply corporation
that overlaps another entity's certificate of convenience and necessity must
be excluded unless the other entity consents in writing to the inclusion
of its dually certified area in the district.
[(2)
A water supply corporation shall not be converted
to a special utility district unless the water supply corporation is to be
dissolved after the conversion. A certified copy of the dissolution order
shall be filed with the executive director. The certificate of convenience
and necessity for the water supply corporation will automatically be transferred
to the district.]
(2)
[(3)]
Notice of the
public creation hearing and transfer of the certificate of convenience and
necessity shall be provided as follows:
(A)
published in a newspaper with general circulation in the
county or counties in which the district is located once a week for two consecutive
weeks. The first publication shall be at least 30 days before the date of
the hearing;
(B)
sent to each city which has extraterritorial jurisdiction
in the county or counties in which the proposed district is located and which
has formally requested notice of the creation of all districts in the county
or counties in which the city's extraterritorial jurisdiction is located;
(C)
mailed to customers of the water supply corporation and
other affected parties at least 60 days prior to the date of the hearing
including the following:
(i)
name and business address of the district;
(ii)
a description of the service area involved;
(iii)
the anticipated effect of the conversion on the operation
or the rates and services provided to customers; and
(iv)
a statement that persons may attend the hearing and participate
in the process.
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 December 18, 1996.
TRD-9700750
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: April 2, 1997
For further information, please call: (512) 239-1966
Subchapter H. Conveyance of Land and Water Rights
30 TAC §§297.81-297.83
(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 Natural Resource Conservation Commission or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The commission proposes the repeal of §§297.81-297.83,
concerning Conveyances of Land and Water Rights. The primary purpose of the
proposed repeals is to consolidate requirements for transfers of permits,
licenses, and other authorizations into a new 30 TAC Chapter 32. The repeals
also will eliminate duplicative, confusing, and overly bureaucratic language.
EXPLANATION OF PROPOSED RULE. The proposed repeals will remove §§297.81-297.83
and place them into the new Chapter 32.
FISCAL NOTE. Stephen Minick, Strategic Planning and Appropriations Division,
has determined that for the first five years the repeals as proposed are
in effect there will be no significant fiscal implications for state government
as a result of administration and enforcement of the repeals. The effect
on local governments subject to the provisions of the repeals as proposed
will be similar to those for any other permit holder or recipient.
PUBLIC BENEFIT. Mr. Minick has also determined that for the first five
years the repeals as proposed are in effect the public benefit anticipated
as a result of enforcement of and compliance with the repeals will be increased
accessibility to and comprehension of agency requirements for transfers of
permits, licenses, and other authorizations due to the consolidation and
streamlining of existing transfer requirements. There are no economic costs
anticipated for any person required to comply with the repeals as proposed.
The effects of the repeals as proposed will generally benefit any permit
holder or recipient, including small businesses, involved in a transfer,
although the effect is not anticipated to represent a significant savings
in terms of the costs of transferring permits or other authorizations.
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact
Assessment for the rule pursuant to Texas Government, §2007.043. The
following is a summary of that assessment. The specific purpose of the rules
is to make it easier for the public to use agency rules, specifically the
requirements for transfers of permits, licenses, and other authorizations.
The rules will substantially advance this specific purpose by cutting the
existing requirements from their current location within the rules and placing
them under a single chapter (Chapter 32). Promulgation and enforcement of
the rules will not burden private real property which is the subject of the
rules because there is no substantive change in existing requirements, only
a change in the organization of the rules.
PUBLIC HEARING. A public hearing on this proposal will be held March 3,
1997, at 2:00 p.m. in Building F, Room 5108, at the Texas Natural Resource
Conservation Commission complex, located at 12100 North IH-35, Park Technology
Center, Austin. Individuals may present oral statements when called upon
in order of registration. Open discussion within the audience will not occur
during the hearing; however, an agency staff member will be available to
discuss the proposal 30 minutes prior to the hearing and will answer questions
before and after the hearing.
SUBMITTAL OF COMMENTS. Written comments may be mailed to Lisa Martin, TNRCC
Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin,
Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference
Rule Log Number 96147-032-AD. Comments must be received by 5:00 p.m., March
3, 1997. For further information, please contact Catherine Collins, Policy
Research Division, (512) 239-0389.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the agency at
(512) 239-4900. Requests should be made as far in advance as possible.
STATUTORY AUTHORITY. The repeals are proposed under Texas Water
Code, §§5.103, 5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and
34.006, and Texas Health and Safety Code, §§341.002, 341.031, 361.011,
361.017, 361.024, 366.012, 382.017, 401.011, 401.051, and 401.412, which
authorize the commission to adopt any rules necessary to carry out its powers
and duties under the Water Code and other laws of Texas and to establish
and approve all general policy of the commission.
The proposed repeals implement Texas Water Code, §§5.103, 5.105,
13.041, 26.011, 27.019, 32.009, 33.007, and 34.006, and Texas Health and
Safety Code, §§341.002, 341.031, 361.011, 361.017, 361.024, 366.012,
382.017, 401.011, 401.051, and 401.412.
§297.81. General Rules of Conveyance.
§297.82. Duty To Inform Executive Director.
§297.83. Recording Conveyances of Water Rights.
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 December 18, 1996.
TRD-9700749
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: April 2, 1997
For further information, please call: (512) 239-1966
Amendments to and Sales of Water Rights
30 TAC §303.41
(Editor's Note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices
of the Texas Natural Resource Conservation Commission or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The commission proposes the repeal of §303.41,
concerning Sale of Water Rights. The primary purpose of the proposed repeal
is to consolidate requirements for transfers of permits, licenses, and other
authorizations into a new 30 TAC Chapter 32. This repeal also will eliminate
duplicative, confusing, and overly bureaucratic language.
EXPLANATION OF PROPOSED RULE. The proposed repeal will remove §303.41
and place the section into the new Chapter 32.
FISCAL NOTE. Stephen Minick, Strategic Planning and Appropriations Division,
has determined that for the first five years the repeal as proposed is in
effect there will be no significant fiscal implications for state government
as a result of administration and enforcement of the repeal. The effect on
local governments subject to the provisions of the repeal as proposed will
be similar to those for any other permit holder or recipient.
PUBLIC BENEFIT. Mr. Minick has also determined that for the first five
years the repeal as proposed is in effect the public benefit anticipated
as a result of enforcement of and compliance with the repeal will be increased
accessibility to and comprehension of agency requirements for transfers of
permits, licenses, and other authorizations due to the consolidation and
streamlining of existing transfer requirements. There are no economic costs
anticipated for any person required to comply with the repeal as proposed.
The effects of the repeal as proposed will generally benefit any permit holder
or recipient, including small businesses, involved in a transfer, although
the effect is not anticipated to represent a significant savings in terms
of the costs of transferring permits or other authorizations.
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact
Assessment for the rule pursuant to Texas Government Code, §2007.043.
The following is a summary of that assessment. The specific purpose of the
rule is to make it easier for the public to use agency rules, specifically
the requirements for transfers of permits, licenses, and other authorizations.
The rule will substantially advance this specific purpose by cutting the
existing requirements from their current location within the rules and placing
them under a single chapter (Chapter 32). Promulgation and enforcement of
this rule will not burden private real property which is the subject of the
rule because there is no substantive change in existing requirements, only
a change in the organization of the rules.
PUBLIC HEARING. A public hearing on this proposal will be held March 3,
1997, at 2:00 p.m. in Building F, Room 5108, at the Texas Natural Resource
Conservation Commission complex, located at 12100 North IH-35, Park Technology
Center, Austin. Individuals may present oral statements when called upon
in order of registration. Open discussion within the audience will not occur
during the hearing; however, an agency staff member will be available to
discuss the proposal 30 minutes prior to the hearing and will answer questions
before and after the hearing.
SUBMITTAL OF COMMENTS. Written comments may be mailed to Lisa Martin, TNRCC
Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin,
Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference
Rule Log Number 96147-032-AD. Comments must be received by 5:00 p.m., March
3, 1997. For further information, please contact Catherine Collins, Policy
Research Division, (512) 239-0389.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the agency at
(512) 239-4900. Requests should be made as far in advance as possible.
STATUTORY AUTHORITY. The repeal is proposed under Texas Water
Code, §§5.103, 5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and
34.006, and Texas Health and Safety Code, §§341.002, 341.031, 361.011,
361.017, 361.024, 366.012, 382.017, 401.011, 401.051, and 401.412, which
authorize the commission to adopt any rules necessary to carry out its powers
and duties under the Water Code and other laws of Texas and to establish
and approve all general policy of the commission.
The proposed repeal implements Texas Water Code, §§5.103, 5.105,
13.041, 26.011, 27.019, 32.009, 33.007, and 34.006, and Texas Health and
Safety Code, §§341.002, 341.031, 361.011, 361.017, 361.024, 366.012,
382.017, 401.011, 401.051, and 401.412.
§303.41. Sale of Water Rights.
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 December 18, 1996.
TRD-9700748
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: April 2, 1997
For further information, please call: (512) 239-1966
Administration
30 TAC §304.43
(Editor's Note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices
of the Texas Natural Resource Conservation Commission or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The commission proposes the repeal of §304.43,
concerning Watermaster Operations. The primary purpose of the proposed repeal
is to consolidate requirements for transfers of permits, licenses, and other
authorizations into a new 30 TAC Chapter 32. This repeal also will eliminate
duplicative, confusing, and overly bureaucratic language.
EXPLANATION OF PROPOSED RULE. The proposed repeal will move §304.43
into the new Chapter 32.
FISCAL NOTE. Stephen Minick, Strategic Planning and Appropriations Division,
has determined that for the first five years the repeal as proposed is in
effect there will be no significant fiscal implications for state government
as a result of administration and enforcement of the repeal. The effect on
local governments subject to the provisions of the repeal as proposed will
be similar to those for any other permit holder or recipient.
PUBLIC BENEFIT. Mr. Minick has also determined that for the first five
years the repeal as proposed is in effect the public benefit anticipated
as a result of enforcement of and compliance with the repeal will be increased
accessibility to and comprehension of agency requirements for transfers of
permits, licenses, and other authorizations due to the consolidation and
streamlining of existing transfer requirements. There are no economic costs
anticipated for any person required to comply with the repeal as proposed.
The effects of the repeal as proposed will generally benefit any permit holder
or recipient, including small businesses, involved in a transfer, although
the effect is not anticipated to represent a significant savings in terms
of the costs of transferring permits or other authorizations.
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact
Assessment for the rule pursuant to Texas Government Code, §2007.043.
The following is a summary of that assessment. The specific purpose of the
rule is to make it easier for the public to use agency rules, specifically
the requirements for transfers of permits, licenses, and other authorizations.
The rule will substantially advance this specific purpose by cutting the
existing requirements from their current location within the rules and placing
them under a single chapter (Chapter 32). Promulgation and enforcement of
this rule will not burden private real property which is the subject of the
rule because there is no substantive change in existing requirements, only
a change in the organization of the rules.
PUBLIC HEARING. A public hearing on this proposal will be held March 3,
1997, at 2:00 p.m. in Building F, Room 5108, at the Texas Natural Resource
Conservation Commission complex, located at 12100 North IH-35, Park Technology
Center, Austin. Individuals may present oral statements when called upon
in order of registration. Open discussion within the audience will not occur
during the hearing; however, an agency staff member will be available to
discuss the proposal 30 minutes prior to the hearing and will answer questions
before and after the hearing.
SUBMITTAL OF COMMENTS. Written comments may be mailed to Lisa Martin, TNRCC
Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin,
Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference
Rule Log Number 96147-032-AD. Comments must be received by 5:00 p.m., March
3, 1997. For further information, please contact Catherine Collins, Policy
Research Division, (512) 239-0389.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the agency at
(512) 239-4900. Requests should be made as far in advance as possible.
STATUTORY AUTHORITY. The repeal is proposed under Texas Water
Code, §§5.103, 5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and
34.006, and Texas Health and Safety Code, §§341.002, 341.031, 361.011,
361.017, 361.024, 366.012, 382.017, 401.011, 401.051, and 401.412, which
authorize the commission to adopt any rules necessary to carry out its powers
and duties under the Water Code and other laws of Texas and to establish
and approve all general policy of the commission.
The proposed repeal implements Texas Water Code, §§5.103, 5.105,
13.041, 26.011, 27.019, 32.009, 33.007, and 34.006, and Texas Health and
Safety Code, §§341.002, 341.031, 361.011, 361.017, 361.024, 366.012,
382.017, 401.011, 401.051, and 401.412.
§304.43. Ownership.
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 December 18, 1996.
TRD-9700747
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: April 2, 1997
For further information, please call: (512) 239-1966
Subchapter D. Amendments, Modifications, Renewals, Transfers, Corrections, Revocation, and Suspension of Permits
30 TAC §305.61, §305.69
The commission proposes amendments to §305.61 and §305.69,
concerning Consolidated Permits. The primary purpose of the proposed amendments
is to consolidate requirements for transfers of permits, licenses, and other
authorizations into a new 30 TAC Chapter 32. These amendments also will eliminate
duplicative, confusing, and overly bureaucratic language.
EXPLANATION OF PROPOSED RULES. The proposed amendments will cut existing
transfer requirements from §305.61 and §305.69 and place them into
the new Chapter 32.
FISCAL NOTE. Stephen Minick, Strategic Planning and Appropriations Division,
has determined that for the first five years these sections as proposed are
in effect there will be no significant fiscal implications for state government
as a result of administration and enforcement of the sections. The effect
on local governments subject to the provisions of the sections as proposed
will be similar to those for any other permit holder or recipient.
PUBLIC BENEFIT. Mr. Minick has also determined that for the first five
years these sections as proposed are in effect the public benefit anticipated
as a result of enforcement of and compliance with the sections will be increased
accessibility to and comprehension of agency requirements for transfers of
permits, licenses, and other authorizations due to the consolidation and
streamlining of existing transfer requirements. There are no economic costs
anticipated for any person required to comply with these sections as proposed.
The effects of these sections as proposed will generally benefit any permit
holder or recipient, including small businesses, involved in a transfer,
although the effect is not anticipated to represent a significant savings
in terms of the costs of transferring permits or other authorizations.
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact
Assessment for these rules pursuant to Texas Government Code, §2007.043.
The following is a summary of that assessment. The specific purpose of the
rules is to make it easier for the public to use agency rules, specifically
the requirements for transfers of permits, licenses, and other authorizations.
The rules will substantially advance this specific purpose by cutting the
existing requirements from their current location within the rules and placing
them under a single chapter (Chapter 32). Promulgation and enforcement of
these rules will not burden private real property which is the subject of
the rules because there is no substantive change in existing requirements,
only a change in the organization of the rules.
PUBLIC HEARING. A public hearing on this proposal will be held March 3,
1997, at 2:00 p.m. in Building F, Room 5108, at the Texas Natural Resource
Conservation Commission complex, located at 12100 North IH-35, Park Technology
Center, Austin. Individuals may present oral statements when called upon
in order of registration. Open discussion within the audience will not occur
during the hearing; however, an agency staff member will be available to
discuss the proposal 30 minutes prior to the hearing and will answer questions
before and after the hearing.
SUBMITTAL OF COMMENTS. Written comments may be mailed to Lisa Martin, TNRCC
Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin,
Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference
Rule Log Number 96147-032-AD. Comments must be received by 5:00 p.m., March
3, 1997. For further information, please contact Catherine Collins, Policy
Research Division, (512) 239-0389.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the agency at
(512) 239-4900. Requests should be made as far in advance as possible.
STATUTORY AUTHORITY. The amendments are proposed under Texas
Water Code, §§5.103, 5.105, 13.041, 26.011, 27.019, 32.009, 33.007,
and 34.006, and Texas Health and Safety Code, §§341.002, 341.031,
361.011, 361.017, 361.024, 366.012, 382.017, 401.011, 401.051, and 401.412,
which authorize the commission to adopt any rules necessary to carry out
its powers and duties under the Water Code and other laws of Texas and to
establish and approve all general policy of the commission.
The proposed amendments implement Texas Water Code, §§5.103,
5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006, and Texas Health
and Safety Code, §§341.002, 341.031, 361.011, 361.017, 361.024,
366.012, 382.017, 401.011, 401.051, and 401.412.
§305.61. Applicability.
The provisions of this subchapter set forth the standards and requirements
for applications and actions concerning amendments, modifications, renewals,
[transfers,] corrections, revocations, and suspensions of permits.
§305.69. Solid Waste Permit Modification at the Request of the Permittee.
(a)-(h)
(No change.)
(i)
Appendix I. The following appendix will be used for the
purposes of
this subchapter
[Subchapter D]
which relate to solid waste permit modification at the request of the permittee.
Figure: 30 TAC §305.69(i)
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 December 18, 1996.
TRD-9700746
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: April 2, 1997
For further information, please call: (512) 239-1966
30 TAC §305.64
(Editor's Note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices
of the Texas Natural Resource Conservation Commission or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The commission proposes the repeal of §305.64
and §305.97, concerning Consolidated Permits. The primary purpose of
the proposed repeals is to consolidate requirements for transfers of permits,
licenses, and other authorizations into a new 30 TAC Chapter 32. These repeals
also will eliminate duplicative, confusing, and overly bureaucratic language.
EXPLANATION OF PROPOSED RULES. The proposed repeals will cut existing transfer
requirements from §305.64 and §305.97 and place them into the new
Chapter 32 and into the new 30 TAC Chapter 70.
FISCAL NOTE. Stephen Minick, Strategic Planning and Appropriations Division,
has determined that for the first five years these repeals as proposed are
in effect there will be no significant fiscal implications for state government
as a result of administration and enforcement of the repeals. The effect
on local governments subject to the provisions of the repeals as proposed
will be similar to those for any other permit holder or recipient.
PUBLIC BENEFIT. Mr. Minick has also determined that for the first five
years these repeals as proposed are in effect the public benefit anticipated
as a result of enforcement of and compliance with the repeals will be increased
accessibility to and comprehension of agency requirements for transfers of
permits, licenses, and other authorizations due to the consolidation and
streamlining of existing transfer requirements. There are no economic costs
anticipated for any person required to comply with these repeals as proposed.
The effects of these repeals as proposed will generally benefit any permit
holder or recipient, including small businesses, involved in a transfer,
although the effect is not anticipated to represent a significant savings
in terms of the costs of transferring permits or other authorizations.
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact
Assessment for these rules pursuant to Texas Government Code, §2007.043.
The following is a summary of that assessment. The specific purpose of the
rules is to make it easier for the public to use agency rules, specifically
the requirements for transfers of permits, licenses, and other authorizations.
The rules will substantially advance this specific purpose by cutting the
existing requirements from their current location within the rules and placing
them under a single chapter (Chapter 32). Promulgation and enforcement of
these rules will not burden private real property which is the subject of
the rules because there is no substantive change in existing requirements,
only a change in the organization of the rules.
PUBLIC HEARING. A public hearing on this proposal will be held March 3,
1997, at 2:00 p.m. in Building F, Room 5108, at the Texas Natural Resource
Conservation Commission complex, located at 12100 North IH-35, Park Technology
Center, Austin. Individuals may present oral statements when called upon
in order of registration. Open discussion within the audience will not occur
during the hearing; however, an agency staff member will be available to
discuss the proposal 30 minutes prior to the hearing and will answer questions
before and after the hearing.
SUBMITTAL OF COMMENTS. Written comments may be mailed to Lisa Martin, TNRCC
Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin,
Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference
Rule Log Number 96147-032-AD. Comments must be received by 5:00 p.m., March
3, 1997. For further information, please contact Catherine Collins, Policy
Research Division, (512) 239-0389.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the agency at
(512) 239-4900. Requests should be made as far in advance as possible.
STATUTORY AUTHORITY. The repeal is proposed under Texas Water
Code, §§5.103, 5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and
34.006, and Texas Health and Safety Code, §§341.002, 341.031, 361.011,
361.017, 361.024, 366.012, 382.017, 401.011, 401.051, and 401.412, which
authorize the commission to adopt any rules necessary to carry out its powers
and duties under the Water Code and other laws of Texas and to establish
and approve all general policy of the commission.
The proposed repeal implements Texas Water Code, §§5.103, 5.105,
13.041, 26.011, 27.019, 32.009, 33.007, and 34.006, and Texas Health and
Safety Code, §§341.002, 341.031, 361.011, 361.017, 361.024, 366.012,
382.017, 401.011, 401.051, and 401.412.
§305.64. Transfer of Permits.
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 December 18, 1996.
TRD-9700745
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: April 2, 1997
For further information, please call: (512) 239-1966
30 TAC §305.97
(Editor's Note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices
of the Texas Natural Resource Conservation Commission or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under Texas Water Code, §§5.103,
5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006, and Texas Health
and Safety Code, §§341.002, 341.031, 361.011, 361.017, 361.024,
366.012, 382.017, 401.011, 401.051, and 401.412, which authorize the commission
to adopt any rules necessary to carry out its powers and duties under the
Water Code and other laws of Texas and to establish and approve all general
policy of the commission.
The proposed repeal implements Texas Water Code, §§5.103, 5.105,
13.041, 26.011, 27.019, 32.009, 33.007, and 34.006, and Texas Health and
Safety Code, §§341.002, 341.031, 361.011, 361.017, 361.024, 366.012,
382.017, 401.011, 401.051, and 401.412.
§305.97. Action on Application for Transfer.
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 December 18, 1996.
TRD-9700744
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: April 2, 1997
For further information, please call: (512) 239-1966
Subchapter A. General Provisions
30 TAC §312.10, §312.11
The commission proposes amendments to §312.10 and §312.11,
concerning Sludge Use, Disposal, and Transportation. The primary purpose
of the proposed amendments is to consolidate requirements for transfers of
permits, licenses, and other authorizations into a new 30 TAC Chapter 32.
These amendments also will eliminate duplicative, confusing, and overly bureaucratic
language.
EXPLANATION OF PROPOSED RULES. The proposed amendments will delete §312.10(j)
and §312.11(d) and place them into the new Chapter 32.
FISCAL NOTE. Stephen Minick, Strategic Planning and Appropriations Division,
has determined that for the first five years these sections as proposed are
in effect there will be no significant fiscal implications for state government
as a result of administration and enforcement of the sections. The effect
on local governments subject to the provisions of the sections as proposed
will be similar to those for any other permit holder or recipient.
PUBLIC BENEFIT. Mr. Minick has also determined that for the first five
years these sections as proposed are in effect the public benefit anticipated
as a result of enforcement of and compliance with the sections will be increased
accessibility to and comprehension of agency requirements for transfers of
permits, licenses, and other authorizations due to the consolidation and
streamlining of existing transfer requirements. There are no economic costs
anticipated for any person required to comply with these sections as proposed.
The effects of these sections as proposed will generally benefit any permit
holder or recipient, including small businesses, involved in a transfer,
although the effect is not anticipated to represent a significant savings
in terms of the costs of transferring permits or other authorizations.
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact
Assessment for these rules pursuant to Texas Government Code, §2007.043.
The following is a summary of that assessment. The specific purpose of the
rules is to make it easier for the public to use agency rules, specifically
the requirements for transfers of permits, licenses, and other authorizations.
The rules will substantially advance this specific purpose by cutting the
existing requirements from their current location within the rules and placing
them under a single chapter (Chapter 32). Promulgation and enforcement of
these rules will not burden private real property which is the subject of
the rules because there is no substantive change in existing requirements,
only a change in the organization of the rules.
PUBLIC HEARING. A public hearing on this proposal will be held March 3,
1997, at 2:00 p.m. in Building F, Room 5108, at the Texas Natural Resource
Conservation Commission complex, located at 12100 North IH-35, Park Technology
Center, Austin. Individuals may present oral statements when called upon
in order of registration. Open discussion within the audience will not occur
during the hearing; however, an agency staff member will be available to
discuss the proposal 30 minutes prior to the hearing and will answer questions
before and after the hearing.
SUBMITTAL OF COMMENTS. Written comments may be mailed to Lisa Martin, TNRCC
Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin,
Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference
Rule Log Number 96147-032-AD. Comments must be received by 5:00 p.m., March
3, 1997. For further information, please contact Catherine Collins, Policy
Research Division, (512) 239-0389.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the agency at
(512) 239-4900. Requests should be made as far in advance as possible.
STATUTORY AUTHORITY. The amendments are proposed under Texas
Water Code, §§5.103, 5.105, 13.041, 26.011, 27.019, 32.009, 33.007,
and 34.006, and Texas Health and Safety Code, §§341.002, 341.031,
361.011, 361.017, 361.024, 366.012, 382.017, 401.011, 401.051, and 401.412,
which authorize the commission to adopt any rules necessary to carry out
its powers and duties under the Water Code and other laws of Texas and to
establish and approve all general policy of the commission.
The proposed amendments implement Texas Water Code, §§5.103,
5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006, and Texas Health
and Safety Code, §§341.002, 341.031, 361.011, 361.017, 361.024,
366.012, 382.017, 401.011, 401.051, and 401.412.
§312.10. Permit and Registration Applications Processing.
(a)-(i)
(No change.)
[(j)
In order to transfer a registration, both the registered
site operator and the landowner must sign the transfer application. An application
for transfer that is not signed by both the registered site operator and
the landowner will be considered a request for cancellation.]
(j)
[(k)]
If a registration
for a site is cancelled, a complete application for registration must be
submitted in order to re-register the site. If the application is approved,
the site will be re-registered under the same site registration number.
(k)
[(l)]
[Major Amendment.]
For purposes of this chapter and except as provided in subsection
(l)
[(m)] of this section, a major amendment is an amendment that
changes a substantive term, provision, requirement, or a limiting parameter
of a permit or registration or a substantive change in the information provided
in an application for registration, regarding sewage sludge. Changes which
are not considered major include typographical errors, changes which result
in more stringent monitoring requirements, changes in site ownership, changes
in site operator, or similar administrative information.
(l)
[(m)]
Upon the effective
date of this chapter, the commission will process as a minor amendment a
request by an existing wastewater disposal permittee, a sewage sludge registrant,
or by a sewage sludge permittee to change any substantive term, provision,
requirement, or a limiting parameter in a permit or registration which was
due to prior regulations of the commission, when it is no longer a requirement
of this chapter. Notice requirements of §312.13
of this title
(relating to Actions and Notice) are not applicable
to minor amendments.
§312.11. Permits.
(a)-(c)
(No change.)
(d)
Any person who is required to obtain a permit, or who requests
an amendment, modification
,
or renewal of a
permit to dispose of or incinerate sewage sludge is subject to the standards
and requirements for applications and actions concerning amendments, modifications,
renewals, transfers, corrections, revocations, and suspensions of permits,
as set forth in §305.62 of this title (relating to Amendment), §305.63
of this title (relating to Renewal),
Chapter 32 of
this title (relating to Transfer of Permits, Licenses, and Other Authorizations)
[§305.64 of this title (related to Transfer of Permits)], §305.65
of this title (relating to Corrections of Permits), §305.66 of this
title (relating to Permit Denial, Suspension, and Revocation), §305.67
of this title (relating to Revocation and Suspension upon Request or Consent),
and §305.68 of this title (relating to Action and Notice on Petition
for Revocation or Suspension).
(e)
(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 December 18, 1996.
TRD-9700743
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: April 2, 1997
For further information, please call: (512) 239-1966
The commission proposes amendments to §§321.34, 321.183,
and 321.184, concerning Control of Certain Activities by Rule. The primary
purpose of the proposed amendments is to consolidate requirements for transfers
of permits, licenses, and other authorizations into a new 30 TAC Chapter
32. The amendments also will eliminate duplicative, confusing, and overly
bureaucratic language.
EXPLANATION OF PROPOSED RULES. The proposed amendments will change references
in §§321.34(a), 321.183(i), and 321.184(e) to reflect the new Chapter
32, which consolidates requirements for transfers of permits, licenses, and
other authorizations.
FISCAL NOTE. Stephen Minick, Strategic Planning and Appropriations Division,
has determined that for the first five years these sections as proposed are
in effect there will be no significant fiscal implications for state government
as a result of administration and enforcement of the sections. The effect
on local governments subject to the provisions of the sections as proposed
will be similar to those for any other permit holder or recipient.
PUBLIC BENEFIT. Mr. Minick has also determined that for the first five
years these sections as proposed are in effect the public benefit anticipated
as a result of enforcement of and compliance with the sections will be increased
accessibility to and comprehension of agency requirements for transfers of
permits, licenses, and other authorizations due to the consolidation and
streamlining of existing transfer requirements. There are no economic costs
anticipated for any person required to comply with these sections as proposed.
The effects of these sections as proposed will generally benefit any permit
holder or recipient, including small businesses, involved in a transfer,
although the effect is not anticipated to represent a significant savings
in terms of the costs of transferring permits or other authorizations.
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact
Assessment for these rules pursuant to Texas Government Code, §2007.043.
The following is a summary of that assessment. The specific purpose of the
rules is to make it easier for the public to use agency rules, specifically
the requirements for transfers of permits, licenses, and other authorizations.
The rules will substantially advance this specific purpose by cutting the
existing requirements from their current location within the rules and placing
them under a single chapter (Chapter 32). Promulgation and enforcement of
these rules will not burden private real property which is the subject of
the rules because there is no substantive change in existing requirements,
only a change in the organization of the rules.
PUBLIC HEARING. A public hearing on this proposal will be held March 3,
1997, at 2:00 p.m. in Building F, Room 5108, at the Texas Natural Resource
Conservation Commission complex, located at 12100 North IH-35, Park Technology
Center, Austin. Individuals may present oral statements when called upon
in order of registration. Open discussion within the audience will not occur
during the hearing; however, an agency staff member will be available to
discuss the proposal 30 minutes prior to the hearing and will answer questions
before and after the hearing.
SUBMITTAL OF COMMENTS. Written comments may be mailed to Lisa Martin, TNRCC
Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin,
Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference
Rule Log Number 96147-032-AD. Comments must be received by 5:00 p.m., March
3, 1997. For further information, please contact Catherine Collins, Policy
Research Division, (512) 239-0389.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the agency at
(512) 239-4900. Requests should be made as far in advance as possible.
Subchapter B. Commercial Livestock and Poultry Production Operations
30 TAC §321.34
STATUTORY AUTHORITY. The amendment is proposed under Texas
Water Code, §§5.103, 5.105, 13.041, 26.011, 27.019, 32.009, 33.007,
and 34.006, and Texas Health and Safety Code, §§341.002, 341.031,
361.011, 361.017, 361.024, 366.012, 382.017, 401.011, 401.051, and 401.412,
which authorize the commission to adopt any rules necessary to carry out
its powers and duties under the Water Code and other laws of Texas and to
establish and approve all general policy of the commission.
The proposed amendment implements Texas Water Code, §§5.103,
5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006, and Texas Health
and Safety Code, §§341.002, 341.031, 361.011, 361.017, 361.024,
366.012, 382.017, 401.011, 401.051, and 401.412.
§321.34. Procedures for Making Application for a Permit.
(a)
Any person whose feedlot operation does not conform to
the criteria for regulation by rule set forth under §321.33 of this
title (relating to Applicability) shall apply for a permit. Application for
a permit shall be made on forms provided by the executive director. The applicant
shall provide such additional information in support of the application as
may be necessary for an adequate technical review of the application. At
a minimum, the application shall demonstrate compliance with the technical
requirements set forth in §321.35 of this title (relating to Surface
Water Protection), §321.36 of this title (relating to Ground Water Protection),
§321.37 of this title (relating to Feedlot Waste Utilization or Disposal
by Land Spreading), §321.38 of this title (relating to Other Waste Disposal
Methods) and §321.39 of this title (relating to Pesticide Use), or other
equivalent technical requirements. Applicants shall comply with §§305.41-305.45
of this title (relating to Applicability; Application Required; Who Applies;
Signatories to Applications;
and
Contents of
Application for Permit). Each applicant shall pay an application fee as required
by §305.503 of this title (relating to Application Fees). An annual
waste treatment inspection fee is also required of each permittee as required
by §305.503 of this title (relating to Fee Assessments). Except as provided
in subsections (b)-(e) of this section, each permittee shall comply with
(b)-(f)
(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 December 18, 1996.
TRD-9700742
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: April 2, 1997
For further information, please call: (512) 239-1966
30 TAC §321.183, §321.184
The amendments are proposed under Texas Water Code, §§5.103,
5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006, and Texas Health
and Safety Code, §§341.002, 341.031, 361.011, 361.017, 361.024,
366.012, 382.017, 401.011, 401.051, and 401.412, which authorize the commission
to adopt any rules necessary to carry out its powers and duties under the
Water Code and other laws of Texas and to establish and approve all general
policy of the commission.
The proposed amendments implement Texas Water Code, §§5.103,
5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006, and Texas Health
and Safety Code, §§341.002, 341.031, 361.011, 361.017, 361.024,
366.012, 382.017, 401.011, 401.051, and 401.412.
§321.183. Applicability.
(a)-(h)
(No change.)
(i)
Any CAFO which has existing authority under the
TCAA
[Texas Clean Air Act (TCAA)] does not have to meet the air quality
criteria of this subchapter. Pursuant to the TCAA, §382.051, any new
CAFO which meets all of the requirements of this subchapter is hereby entitled
to an air quality standard permit authorization under this subchapter in
lieu of the requirement to obtain an air quality permit under Chapter 116
of this title (relating to Control of Air Pollution by Permits for New Construction
or Modification). Those CAFOs which would otherwise be required to obtain
an air quality permit under Chapter 116 of this title, which cannot satisfy
all of the requirements of this subchapter shall apply for and obtain an
air quality permit pursuant to Chapter 116 of this title in addition to any
authorization required under this subchapter. Those animal feeding operations
which are not required to obtain authorization under this subchapter may
be subject to requirements under Chapter 116 of this title. Any change in
conditions such that a person is no longer eligible for authorization under
this section requires authorization under Chapter 116 of this title. No person
may concurrently hold an air quality permit issued under Chapter 116 of this
title and an authorization with air quality provisions under this subchapter
for the same site. Any application for a permit renewal, amendment, or transfer
for any permit issued under the TCAA shall be reviewed and/or issued under
the provisions of Chapter 116 of this title
and Chapter
32 of this title (relating to Transfer of Permits, Licenses, and Other Authorizations)
.
(j)-(l)
(No change.)
§321.184. Application Requirements.
(a)-(d)
(No change.)
(e)
Each permittee shall comply with
Chapter 32 of this title (relating to Transfer of Permits, Licenses, and
Other Authorizations), §§305.61, 305.64, and 305.66-305.68
[§§305.61 and 305.64-305.68] of this title (relating to Applicability,
[Transfer of Permits,] Corrections of Permits, Revocation and Suspension,
Revocation and Suspension Upon Request or Consent, Action and Notice on Petition
for Revocation or Suspension).
(f)-(g)
(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 December 18, 1996.
TRD-9700741
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: April 2, 1997
For further information, please call: (512) 239-1966
The commission proposes amendments to §§330.63, 330.812,
330.835, 330.843, 330.852, and 330.855, concerning Municipal Solid Waste.
The primary purpose of the proposed amendments is to consolidate requirements
for transfers of permits, licenses, and other authorizations into a new 30
TAC Chapter 32. These amendments also will eliminate duplicative, confusing,
and overly bureaucratic language.
EXPLANATION OF PROPOSED RULE. The proposed amendments will cut existing
transfer requirements from §§330.63, 330.812, 330.835, 330.843,
330.852, and 330.855 and place them into the new Chapter 32.
FISCAL NOTE. Stephen Minick, Strategic Planning and Appropriations Division,
has determined that for the first five years these sections as proposed are
in effect there will be no significant fiscal implications for state government
as a result of administration and enforcement of the sections. The effect
on local governments subject to the provisions of the sections as proposed
will be similar to those for any other permit holder or recipient.
PUBLIC BENEFIT. Mr. Minick has also determined that for the first five
years these sections as proposed are in effect the public benefit anticipated
as a result of enforcement of and compliance with the sections will be increased
accessibility to and comprehension of agency requirements for transfers of
permits, licenses, and other authorizations due to the consolidation and
streamlining of existing transfer requirements. There are no economic costs
anticipated for any person required to comply with these sections as proposed.
The effects of these sections as proposed will generally benefit any permit
holder or recipient, including small businesses, involved in a transfer,
although the effect is not anticipated to represent a significant savings
in terms of the costs of transferring permits or other authorizations.
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact
Assessment for these rules pursuant to Texas Government Code, §2007.043.
The following is a summary of that assessment. The specific purpose of the
rules is to make it easier for the public to use agency rules, specifically
the requirements for transfers of permits, licenses, and other authorizations.
The rules will substantially advance this specific purpose by cutting the
existing requirements from their current location within the rules and placing
them under a single chapter (Chapter 32). Promulgation and enforcement of
these rules will not burden private real property which is the subject of
the rules because there is no substantial change in existing requirements,
only a change in the organization of the rules.
PUBLIC HEARING. A public hearing on this proposal will be held March 3,
1997, at 2:00 p.m. in Building F, Room 5108, at the Texas Natural Resource
Conservation Commission complex, located at 12100 North IH-35, Park Technology
Center, Austin. Individuals may present oral statements when called upon
in order of registration. Open discussion within the audience will not occur
during the hearing; however, an agency staff member will be available to
discuss the proposal 30 minutes prior to the hearing and will answer questions
before and after the hearing.
SUBMITTAL OF COMMENTS. Written comments may be mailed to Lisa Martin, TNRCC
Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin,
Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference
Rule Log Number 96147-032-AD. Comments must be received by 5:00 p.m., March
3, 1997. For further information, please contact Catherine Collins, Policy
Research Division, (512) 239-0389.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the agency at
(512) 239-4900. Requests should be made as far in advance as possible.
Subchapter E. Permit Procedures
Subchapter B. Water Rights
Subchapter C. Waste Tires
Subchapter D. Hazardous Waste
Subchapter E. Radioactive Material Licenses
Subchapter F. Utilities
Subchapter G. Water Districts
Subchapter H. Water Quality
Chapter 39.
Public Notice
Subchapter F. Public Notice of Radioactive Material License Applications
Chapter 70.
Enforcement
Chapter 101.
General Rules
Chapter 116.
Control of Air Pollution by Permits for New Construction or Modification
Chapter 291.
Water Rates
Chapter 293.
Water Districts
Chapter 297.
Water Rights, Substantive
Chapter 303.
Operation of the Rio Grande
Chapter 304.
Watermaster Operations
Chapter 305.
Consolidated Permits
Subchapter E. Actions, Notice, and Hearing
Chapter 312.
Sludge Use, Disposal, and Transportation
Chapter 321.
Control of Certain Activities by Rule
Subchapter K. Concentrated Animal Feeding Operations
Chapter 330.
Municipal Solid Waste