Title 30, Part 1

The Texas Natural Resource Conservation Commission (commission) proposes the review of 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds. This review is in accordance with Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9 - 10.13, 76th Legislature, 1999, which require state agencies to review and consider for readoption each of their rules every four years.

Chapter 117 concerns the emission of nitrogen oxides (NO _x ) from utility electric generation, commercial, institutional, and industrial sources, adipic acid manufacturing, and nitric acid manufacturing. The Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9 - 10.13, 76th Legislature, 1999, require state agencies to review and consider for readoption rules adopted under the Administrative Procedures Act. At a minimum, the rules review must include an assessment that the reason for the rules continue to exist. The commission has reviewed the rules in Chapter 117 and determined that a need for these rules continues to exist. Nitrogen oxides (NO _x ) emissions are major contributors to the formation of ozone, and the rules contained in Chapter 117 are principal components of the commission's state implementation plan (SIP) to attain the national ambient air quality standard (NAAQS) for ozone. Texas currently has four areas that do not meet the NAAQS for ozone: Dallas/Fort Worth, El Paso, Houston, and Beaumont. Additionally, five other areas, Austin, San Antonio, Tyler-Longview, Victoria, and Corpus Christi, are classified as near nonattainment. The control of NO _x will be an integral part of the ozone control strategy of the state.

SUBMITTAL OF COMMENTS

The commission is requesting comments about whether this chapter is still needed. In addition, the commission would also like comments or suggestions about how to improve each section of this chapter. The comments or suggestions for improvement that the commission receives will be addressed through a future rulemaking.

Written comments 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 2000-001-117-AI. Comments must be received by 5:00 p.m., March 27, 2000. For further information, please contact Beecher Cameron at (512) 239- 1495.

TRD-200001123

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: February 14, 2000

Title 16, Part 1

The Railroad Commission of Texas ("Commission") proposes, pursuant to Tex. Gov't Code, §2001.039, the review of §3.26, regarding separating devices, tanks, and surface commingling of oil. As part of this review process but in a separate rulemaking, the Commission proposes amendments to §3.26. The proposal regarding the amendments was filed with the Texas Register concurrently with this notice of review. The Commission proposes the review and readoption of this section, as amended.

The Commission has determined that the reasons for adopting this rule, with the proposed changes, continue to exist.

Comments may be submitted to Mark H. Tittel, Hearings Examiner, Office of General Counsel, Railroad Commission of Texas, P. O. Box 12967, Austin, Texas 78711, or via electronic mail to Mark.Tittel@rrc.state.tx.us. Comments will be accepted until 5:00 p.m. on the fourteenth day following publication of this notice in the Texas Register . For more information, call Mark Tittel at (512) 463-6923.

Issued in Austin, Texas on February 8, 2000.

Filed with the Office of the Secretary of State on February 10, 2000.

TRD-200001043

Mary Ross McDonald

Deputy General Counsel, Office of General Counsel

Railroad Commission of Texas

Filed: February 10, 2000

Title 22, Part 27

The Board of Tax Professional Examiners (BTPE) proposes the review of 22 TAC Chapter 624, Education, Chapter 625, Standards for Professional Practice; Chapter 627, Assessor's Code of Ethics; Chapter 628, Ethical Conduct and Chapter 629, Penalties, Sanctions, and Hearings.

As required by the Texas Government Code, §2001.039, the BTPE will accept comments as to whether the reason for adopting 22 TAC Chapter 624, Education, Chapter 625, Standards for Professional Practice; Chapter 627, Assessor's Code of Ethics; Chapter 628, Ethical Conduct and Chapter 629, Penalties, sanctions, and hearings, continues to exist. The comment period will last for 30 days beginning with the publication of this notice.

Comments or questions regarding this rule review may be submitted to David E. Montoya, Executive Director, Board of Tax Professional Examiners, 333 Guadalupe St, tower 2, Suite 520, Austin, Texas, 78701-3942, (512) 305-7300, or electronically to btpe@mail.capnet.state.tx.us.

TRD-200001080

David E. Montoya

Executive Director

Board of Tax Professional Examiners

Filed: February 11, 2000

Title 40, Part 20

The Texas Workforce Commission (Commission) files this notice of its intent, beginning February 25, 2000, to review all sections in Chapter 815 pertaining to the Unemployment Insurance Program in accordance with the Appropriations Act, Article IX, §167, passed by the 75th Texas Legislature (1997), and in Article IX, §9-10.13, passed by the 76th Texas Legislature (1999), codified in Texas Government Code, §2001.039, V.T.C.A.

The Commission has been reviewing whether the reasons for adopting these rules still exist and whether amendments are needed for purposes of clarifying the rules. The public is invited to make comments on the rules as they stand in the Texas Administrative Code, Title 40, Part 20, Chapter 815. The comment period will last 30 days beginning with the publication of this notice of intent to review.

An assessment will be made by the Commission as to whether the reasons for adopting or readopting these rules continue to exist. This assessment will be continued during the rule review process. Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the Commission. Any changes to the rules proposed by the Commission after considering comments received in response to this notice will appear thereafter in the proposed rules section of the Texas Register and will be adopted in accordance with state rulemaking requirements, which provide for an additional thirty day comment period.

Comments or questions regarding this rule review may be submitted in writing to Steve Riley, Director of the Tax Department, Texas Workforce Commission, 101 East 15th Street, Room 504, Austin, Texas, 78778-0001; via facsimile at (512) 463-2754; or via e-mail at tax_dept@twc.state.tx.us.

TRD-200001061

J. Ferris Duhon

Assistant General Counsel

Texas Workforce Commission

Filed: February 10, 2000

Title 30, Part 1

The Texas Natural Resource Conservation Commission (commission) adopts the review of and readopts 30 TAC Chapter 118, Control of Air Pollution Episodes. This review was conducted under Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9- 10.13, 76th Legislature, 1999. The proposed notice of review was published in the October 15, 1999 issue of the Texas Register (24 TexReg 9059).

The Texas Government Code and the General Appropriations Act require state agencies to review and consider for readoption rules adopted under the Administrative Procedure Act. Reviews must include an assessment that the reasons for the rules continue to exist. The commission has determined that the need for these rules continues to exist. Chapter 118 implements the requirements of the Health and Safety Code, Texas Clean Air Act (TCAA), §382.026, concerning Orders Issued Under Emergencies and the Texas Water Code (TWC), §5.514, concerning Order Issued Under Air Emergency. In addition, Chapter 118 is the state's means of complying with the federal requirements of 40 Code of Federal Regulations (CFR) 51, Subpart H, relating to Air Pollution Emergency Episodes; and is a part of the state implementation plan (SIP) to attain the federal national ambient air quality standard (NAAQS) for ozone under 40 CFR §52.2270 which implements the Federal Clean Air Act (FCAA), §110, concerning Implementation Plans and §303, concerning Emergency Powers.

Chapter 118 specifies conditions and establishes actions to be taken by the commission and man- made emissions sources to protect human health and safety in response to air emergencies ranging from generalized air pollution episodes to localized air pollution episodes. Under such conditions, the commission or the executive director, with the governor's concurrence, could request or order any contributing source immediately to reduce or discontinue the emission of air contaminants. The rules also establish administrative procedures for review of any order issued under these rules. The rules contain requirements for certain major stationary sources in El Paso, Galveston, Harris, Jefferson, and Orange Counties to prepare and maintain Emission Reduction Plans. Finally, the rules require the commission to prepare a contingency plan for communications regarding actual or impending air pollution episodes.

The public comment period for the review closed November 15, 1999. No comments were received concerning the rules review of Chapter 118.

The commission concurrently adopts amendments to Chapter 118 in the Adopted Rules section of this issue of the Texas Register . The amendments are a result of the commission's review of the rules and primarily address the commission's regulatory reform goals by improving readability and updating references and citations.

TRD-200001147

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: February 14, 2000

Title 16, Part 1

The Railroad Commission of Texas ("Commission"), pursuant to Tex. Gov't Code, §2001.039, readopts §3.28, regarding Potential and Deliverability of Gas Wells To Be Ascertained and Reported. The notice of review was published in the October 22, 1999, issue of the Texas Register (24 TexReg 9320). The Commission received no comments regarding the proposed rule review. After review, the Commission readopts this section, as amended.

The Commission has determined that the reasons for adopting this rule, with the adopted amendments, continue to exist.

Issued in Austin, Texas on February 8, 2000.

Filed with the Office of the Secretary of State on February 10, 2000.

TRD-200001044

Mary Ross McDonald

Deputy General Counsel, Office of General Counsel

Railroad Commission of Texas

Filed: February 10, 2000

Title 31, Part 10

Pursuant to the notice of proposed rule review published in the December 31, 1999 issue of the Texas Register , 24 TexReg 12082, the Texas Water Development Board (board) has reviewed and considered for readoption, revision or repeal 31 TAC Chapter 367, Agricultural Water Conservation Program, in accordance with the Government Code, §2001.039.

The board considered, among other things, whether the reasons for adoption of these rules continues to exist. No comments were received on the proposed rule review.

As a result of the board's review, the board determined that the rules are still necessary and readopts the sections because they govern the board's program of financial assistance for agricultural water conservation as established by Texas Water Code, Chapters 15 and 17. This completes our review of Chapter 367.

TRD-200001226

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: February 16, 2000