Proposed Rule Reviews
Texas Natural Resource Conservation Commission
Title 30, Part I
The Texas Natural Resource Conservation Commission (commission) proposes
and seeks comment on the review of 30 TAC Chapter 308, Criteria and Standards
for the National Pollutant Discharge Elimination System (NPDES). This review
is in accordance with the General Appropriations Act, Article IX, §167,
75th Legislature, 1997.
The commission has assessed Chapter 308 and initially determined that the
reason for its adoption continues to exist. The purpose of Chapter 308 is
to provide criteria and standards for NPDES through provisions adopted by
reference that were promulgated by the EPA pursuant to its authority under
the CWA. The subchapters found in Chapter 308 are necessary in order for the
commission to perform its responsibilities relating to the delegated NPDES
program.
Subchapter A provides criteria and standards for imposing technology based
treatment requirements under the CWA, §301(b), relating to timetable
for achievement of objectives (effluent limitations), and §402, relating
to national pollutant discharge elimination system. This subchapter describes
the purpose and scope of the criteria and standards of the treatment requirement
and sets out technology based treatment requirement in permits.
Subchapter B provides criteria for issuance of permits to aquaculture projects.
Subchapter C provides the criteria for extending compliance dates for facilities
installing innovative technology under the CWA, §301(k), relating to
innovative technology. The section describes criteria for requests for and
procedures related to compliance extensions, establishes certain permit conditions,
and requires supplementary information and recordkeeping.
Subchapter D provides criteria and standards for determining fundamentally
different factors under the CWA, §301(b)(1)(A), and §301(b)(2)(A),
relating to timetable for achievement of objectives (effluent limitations).
Subchapter G provides criteria for modifying the secondary treatment requirements
under the CWA, §301(h), relating to modification of secondary treatment
requirements. This section includes general regulations related to the modification
criteria, requires the existence of and compliance with applicable water quality
standards, requires the establishment of a monitoring program, regulates the
effect of discharge on other point and nonpoint sources, defines a required
toxics control program, and regulates increases in effluent volume or the
amount of pollutants discharged.
Subchapter H provides criteria for determining alternative effluent limitations
under the CWA, §316(a), relating to effluent limitations (thermal discharges)
that will assure protection and propagation of balanced, indigenous population
of shellfish, fish, and wildlife.
Subchapter J provides criteria for extending compliance dates under the
CWA, §301(i), relating to municipal time extensions. The section provides
criteria for permit modification and issuance.
Subchapter K provides criteria and standards for best management practices
(BMP) authorized under the CWA, §304(e), relating to best management
practices for industry. The section discusses applicability of BMPs, discusses
permit terms and conditions, and otherwise regulates BMP programs.
Subchapter M provides ocean discharge criteria. The section requires and
regulates a determination of unreasonable degradation of the marine environment,
discusses permit requirements, and requires certain information to be required
by the program.
Chapter 308 was adopted in 1990 under the Texas Water Code, §5.102
and §5.105, which provides the commission with the authority to adopt
any rules necessary to carry out its powers and duties under the provisions
of the Texas Water Code and other laws of the State of Texas and to establish
and approve all general policy of the state.
Comments on the commission's review of the rules contained in Chapter 308
may be submitted to Bettie Bell, Office of Environmental Policy, Analysis,
and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed
to (512) 239-4808. All comments should reference Rule Log Number 98078-308-WT.
Comments must be received by June 14, 1999. For further information, please
contact Santos Olivarez at (512) 239-4718.
TRD-9902564
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: April 30, 1999
The Texas Natural Resource Conservation Commission (commission) proposes
and seeks comment on the review of 30 TAC Chapter 309, Domestic Wastewater
Effluent Limitations and Plant Siting. This review is in accordance with the
General Appropriations Act, Article IX, §167, 75th Legislature, 1997.
The commission has assessed Chapter 309 and initially determined that the
reason for its adoption continues to exist. The purpose of Chapter 309 is
to establish parameters for domestic wastewater effluent treatment, for siting
of sewage treatment facilities to avoid nuisance conditions and protect public
health, and for land disposal of sewage effluent. Chapter 309 establishes
the minimum treatment requirements for domestic wastewater prior to discharges
into or adjacent to waters in the state.
Subchapter A establishes a set of minimum effluent quality limitations
for treated domestic sewage which is required of permittees in order to maintain
water quality as prescribed by the commission's surface water quality standards.
Subchapter B addresses the issues of appropriate siting of domestic wastewater
treatment facilities. This subchapter includes requirements for buffer zones,
odor abatement, geologic considerations such as floodplains, soil conditions,
and location of public and private wells. The odor abatement requirements
in this subchapter have been reviewed for consistency and found acceptable
by the commission's Air Quality Planning and Assessment Division.
Subchapter C relates to the requirements for land disposal by irrigation
of wastewater effluent. The subchapter also includes design requirements for
irrigation and percolation systems.
The requirements found in Chapter 309 provide the waste discharge requirements
that are needed to complete compliance with Chapter 317 of this title (relating
to Design Criteria for Sewerage Systems).
Chapter 309 was adopted under authorization of Texas Water Code, §26.034
which authorizes the commission to review and approve plans and specifications
for wastewater treatment facilities, and authorizes the approval of these
plans and specifications only if they conform to the waste discharge requirements
and water quality standards established by the commission.
The commission is seeking general comments on whether the rule is necessary
and should be readopted.
Comments on the commission's review of the rules contained in Chapter 309
may be submitted to Bettie Bell, Office of Environmental Policy, Analysis,
and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed
to (512) 239-4808. All comments should reference Rule Log Number 98081-309-WT.
Comments must be received by June 14, 1999. For further information contact
Santos Olivarez at (512) 239-4718.
TRD-9902565
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: April 30, 1999
Title 43, Part I
In accordance with the General Appropriations Act of 1997, House Bill 1,
Article IX, §167, the Texas Department of Transportation files this notice
of intention to review Title 43, TAC, Part I, Chapter 4 (Employment Practices).
As required by §167, the department will accept comments regarding
whether the reason for adopting each of the rules in this chapter continues
to exist. The comment period will last 30 days beginning with the publication
of this notice of intention to review.
Comments or questions regarding this rule review may be submitted in writing
to Diana Isabel, Director, Human Resources Division, Texas Department of Transportation,
125 E. 11th Street, Austin, Texas, 78701-2483, or at (512) 706-6300 or 936-2763.
TRD-9902575
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: May 3, 1999
Texas Department of Health
Title 25, Part I
The Texas Department of Health (department) has completed a review of Title
25, Texas Administrative Code, Part I, Chapter 295, Subchapter A. Hazard Communication,
§§295.1 - 295.5 and 295.7 - 295.8. Amendments to §§295.1
- 295.3 and the repeal of §§295.4 - 295.5 and 295.7 - 295.8 are
being adopted and published in this same issue under the Adopted Rules Section.
The Notice of Intention to Review was published in the September 4, 1998,
issue of the
Texas Register
(23 TexReg 9079).
There were no comments received for any of the sections due to the publication
of the Notice of Intention to Review. Section 295.10 also was included in
the Notice of Intention to Review; however, repeal of that rule will be proposed
by the Board of Health in April 1999, and finally adopted later in 1999.
The review has been in accordance with the General Appropriations Act,
House Bill 1, Article IX, Rider 167, passed by the 75th Legislature, which
requires that each state agency review and consider for readoption each rule
adopted by that agency. The department has determined that reasons for readopting
§§295.1 - 295.3 continue to exist with amendments to those sections.
However, §§295.4 - 295.5 and 295.7 - 295.8 are being repealed in
order to ensure consistency between the rules and the Health and Safety Code,
Chapter 502.
TRD-9902558
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: April 30, 1999
Title 19, Part 1
The Texas Higher Education Coordinating Board adopts without changes, Chapter
1, Agency Administration, in accordance with the Appropriations Act, Section
167.
No comments were received regarding the adoption of this chapter.
TRD-9902632
James McWhorter
Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Filed: May 4, 1999
Title 16, Part IV
The Texas Department of Licensing and Regulation (Department) readopts
16 TAC Chapter 65, Boiler Division: §§65.1, 65.10, 65.20, 65.30,
65.50, 65.60, 65.65, 65.70, 65.80, 65.90, and 65.100 in accordance with the
General Appropriations Act, Article IX, §167, 75th Legislature, 1997.
The proposed rule review was published in the January 29, 1999, issue of the
The comment period on the proposal and review closed March 1, 1999. No
comments were received regarding re-adoption of this chapter.
Rider 167 requires state agencies to review and consider for re-adoption
rules adopted under the Administrative Procedures Act. The review must include,
at a minimum, an assessment that the reason for the rules continues to exist.
The Department reviewed the rules in Chapter 65 and has determined that the
rules are still essential in effectuating the provisions of Texas Health and
Safety Code Annotated Chapter 755 (Vernon 1997) which gives the Department
the authority to promulgate and enforce a code of rules and take all action
required to assure compliance with the intent and purpose of the Code.
As a result of the review process, the Department concurrently proposes
amendments to §§65.10, 65.20, 65.50, 65.60, 65.65, and 65.100 and
may be found in the Proposed Rules section of this issue of the
Texas Register
.
TRD-9902486
Rachelle A. Martin
Executive Director
Texas Department of Licensing and Regulation
Filed: April 27, 1999
Title 30, Part I
The Texas Natural Resource Conservation Commission (commission) adopts
the review of the rules in 30 TAC Chapter 12, Payment of Fees. This review
complies with the General Appropriations Act, Article IX, §167, 75th
Legislature, 1997. The notice of proposed review was published in the February
12, 1999 issue of the
Texas Register
(24 TexReg
1004).
The commission readopts the rules in 30 TAC Chapter 12 as required by the
General Appropriations Act, Article IX, §167. Section 167 requires state
agencies to review and consider for readoption rules adopted under the Administrative
Procedure Act. The review must include, at a minimum, an assessment that the
reason for the rules continues to exist. The commission reviewed the rules
in Chapter 12 and determined that the reasons for adopting these rules continue
to exist. The rules are consistent with the Texas Water Code, §5.235,
which states that "the commission by rule shall establish uniform and consistent
requirements for the assessment of penalties and interest for late payment
of fees owed the state under the commission's jurisdiction." Through inclusion
or reference of Chapter 12 in agency fee rules, all of the fee rules are uniform
and consistent with the limits of the Tax Code and any changes to the Tax
Code will only require the amendment of Chapter 12, not each and every fee
rule.
The public comment period for the review closed March 15, 1999. No comments
were received concerning the proposed notice of review.
TRD-9902550
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: April 30, 1999
The Texas Natural Resource Conservation Commission (commission) adopts
the review of 30 TAC Chapter 113, Control of Air Pollution from Toxic Materials.
This review was conducted in accordance with the General Appropriations Act,
Article IX, §167, 75th Legislature, 1997. The proposed review was published
in the January 29, 1999 issue of the
Texas Register
(24 TexReg 608).
The commission readopts the rules contained in 30 TAC Chapter 113, concerning
Control of Air Pollution from Toxic Materials, as required by the General
Appropriations Act, Article IX, §167. Section 167 requires state agencies
to review and consider for readoption rules adopted under the Administrative
Procedure Act. The reviews must include, at a minimum, an assessment that
the reason for the rules continue to exist. For the following reasons, the
commission concludes that the requirement for these rules continues to exist
and therefore readopts Chapter 113.
The primary need for Chapter 113 is to control air pollution from designated
pollutants and facilities, as well as toxic materials throughout the State
of Texas, by providing a format for the commission to adopt the federal stationary
source performance standards and hazardous air pollutant standards as they
are promulgated by the United States Environmental Protection Agency (EPA)
in 40 Code of Federal Regulations (CFR) Parts 60, 61, and 63. By adopting
the federal standards, the commission may then request delegation for the
state administration of these programs.
Chapter 113 is currently divided into four subchapters. Subchapter A, concerning
Definitions, contains the definitions pertinent to rules contained within
Chapter 113 only. Subchapter B, concerning National Emission Standards for
Hazardous Air Pollutants (NESHAPS), contains state adopted rules which incorporate
some of the federal NESHAPS as promulgated in Title 40 of the CFR, Part 61
(40 CFR 61). Subchapter C, concerning National Emission Standards for Hazardous
Air Pollutants for Source Categories, contains state adopted rules which incorporate
the federal NESHAPS as promulgated in 40 CFR 63. The NESHAPS in 40 CFR 63
incorporate the maximum available control technology (MACT) standards as defined
for each of the affected source categories, and are also referred to as MACT
standards. Subchapter D, concerning Designated Facilities and Pollutants,
contains state adopted rules applicable to existing sources which are adopted
as emissions guidelines in accordance with §111(d) of the Federal Clean
Air Act. These emissions guidelines are promulgated in 40 CFR 60.
The justification for each of the Chapter 113 subchapters and the sections
contained therein, therefore, is the same justification used when they were
adopted. Subchapter A was adopted on June 3, 1998 to make the Chapter 113
format consistent with other air chapters. This subchapter contains those
program-specific definitions that are found only in Chapter 113 and are not
applicable to other chapters. Subchapter B was adopted on December 16, 1998
to incorporate one of the federal NESHAPS (Subpart R, Radon Emissions from
Phosphogypsum Stacks) as promulgated by EPA in 40 CFR 61. This state-adopted
standard allows the commission to incorporate the federal standard into new
source review and federal operating permits. With this action, the commission
also requested delegation of the Subpart R NESHAPS from the EPA which, when
granted, will allow the commission to administer the program. EPA delegation
of state-adopted NESHAPS will eliminate the redundancy of dual program administration.
Subchapter C was adopted on June 25, 1997 to incorporate the general provisions
and seven of the federal MACT standards promulgated by EPA in 40 CFR 63. Six
additional MACT standards were adopted by the commission on October 15, 1997,
and a third set of five MACT standards was adopted by the commission on October
7, 1998. Future rulemakings are planned to include additional MACT standards
as they are promulgated and/or revised by EPA. These state adopted standards
allow the commission to incorporate the federal standards into new source
review and federal operating permits. The commission also requested delegation
of the MACT standards from the EPA which, when granted, will allow the commission
to administer the program. EPA delegation of the MACT standards will eliminate
the redundancy of program administration for the affected industry. Subchapter
D was adopted on October 7, 1998 in response to a federal requirement in §60.23(a)
of 40 CFR 60. Subchapter D includes rules regarding municipal solid waste
landfills. Section 60.23(a) requires that within nine months of publication
of a final emission guideline document for a designated type of existing facility
(as defined in 40 CFR §60.21(b)), each state must adopt rules governing
control of the designated pollutants.
The comment period on the review closed March 1, 1999. There were no comments
received regarding the review of this chapter.
TRD-9902547
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: April 30, 1999
The Texas Natural Resource Conservation Commission (commission) adopts
the review of 30 TAC Chapter 120, Control of Air Pollution from Hazardous
Waste or Solid Waste Management Facilities. This review was conducted in accordance
with the General Appropriations Act, Article IX, §167, 75th Legislature,
1997. The notice of proposed review was published in the February 5, 1999
issue of the
Texas Register
(24 TexReg 831).
The commission concurrently adopts the repeal of Chapter 120 in the Adopted
Rules section of this issue of the
Texas Register
. The commission has determined, as a result of this review, that Chapter
120 is composed solely of rules duplicated in 30 TAC Chapter 335 and that
a duplicate set of rules is no longer required by statute and is no longer
needed by the agency.
The public comment period for the review closed March 8, 1999. No comments
were received concerning the rules review of Chapter 120. However, one comment
was received in response to the proposed repeal. The commission has responded
to the comment in the preamble to the repeal of Chapter 120 published in the
Adopted Rules section of this issue of the
Texas
Register
.
TRD-9902549
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: April 30, 1999
Title 43, Part I
The Texas Department of Transportation (the "department") readopts, without
changes, Title 43, TAC, Part I, Chapter 17 (Vehicle Titles and Registration).
This review was conducted in accordance with the General Appropriations Act
of 1997, House Bill 1, Article IX, §167.
The proposed review was published in the March 12, 1999, issue of the
TRD-9902576
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: May 3, 1999
Texas Department of Transportation
Adopted Rule Reviews
Texas Higher Education Coordinating Board
Texas Department of Licensing and Regulation
Texas Natural Resource Conservation Commission
Texas Department of Transportation