Part 1.
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
Chapter 39.
PUBLIC NOTICE
Subchapter J. PUBLIC NOTICE OF WATER QUALITY APPLICATIONS AND WATER QUALITY MANAGEMENT PLANS
30 TAC §39.551
The Texas Natural Resource Conservation Commission (commission)
adopts the amendment to §39.551, Application for Wastewater Discharge
Permit, Including Application for the Disposal of Sewage Sludge or Water Treatment
Sludge
without changes
to the proposed text
as published in the June 8, 2001 issue of the
Texas
Register
(26 TexReg 4022) and will not be republished.
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE ADOPTED RULE
This rulemaking amends Chapter 39 notice requirements for applicants seeking
to discharge storm water and certain non-storm water from municipal separate
storm sewer systems (MS4s) under an individual Texas Pollutant Discharge Elimination
System (TPDES) permit. For new permits or major amendments to individual TPDES
MS4 permits, this amendment adds two public posting requirements. The first
posting requirement is to post a copy of the Notice of Receipt of Application
and Intent to Obtain a Permit within 30 days of the application being declared
administratively complete. The second posting requirement is to post the Notice
of Application and Preliminary Decision on or before the first day of published
newspaper notice. Both notices must remain posted until the commission has
taken final action on the application; both notices must be posted at a place
convenient and readily accessible to the public in the administrative offices
of the political subdivision in the county in which the MS4 or discharge is
located. These two public posting requirements replace the direct mail requirement
to provide notice to adjacent or downstream landowners of the Notice of Receipt
of Application and Intent to Obtain a Permit and the Notice of Application
and Preliminary Decision. This rulemaking does not amend nor otherwise affect
other public notification requirements which are still in effect for other
types of TPDES permits.
Applicants for new permits or major amendments to individual TPDES MS4
permits must continue to publish notice in a newspaper regularly published
or circulated within each county where the proposed MS4 or discharge is located,
and in each county affected by the discharge. Also, notice must still be mailed
to a set group of local and state governmental entities by the commission's
chief clerk. This group includes the mayor and health authorities of the city
or town served by the MS4, the county judge and health authorities in the
county served by the MS4, the Texas Department of Health (TDH), the Texas
Parks and Wildlife Department (TPWD), and the Railroad Commission of Texas
(RRC). The notices posted in a public place combined with the current newspaper
notice and mailed notices to local and state governmental entities will provide
effective notice to interested persons.
An MS4 is a conveyance or system of conveyances owned or operated by a
state, city, town, borough, county, district, association, or other public
body (created by or pursuant to state law). The MS4s are designed to collect
and convey storm water to designated run-off areas via roads with drainage
systems, municipal streets, catch basins, curb gutters, ditches, man-made
channels, or storm drains. Because MS4s may include dozens or often hundreds
of storm water outfalls, a large segment of the population will be adjacent
to or downstream of an MS4 outfall. It could be extremely burdensome, difficult,
and expensive for the public entity to identify every person adjacent or downstream
to an MS4 outfall and to pay for mailed notice to all of these persons. The
costs and burden usually to cities and counties, but ultimately borne by taxpayers,
could be excessive without this modification.
On September 14, 1998, the commission received authority from the United
States Environmental Protection Agency (EPA) to implement the National Pollutant
Discharge Elimination System (NPDES) program for Texas and commenced the TPDES.
The TPDES is comprised of many programs to control discharges of pollutants
to surface water in Texas. One program of the TPDES regulates storm water
discharges from MS4s to water in Texas through individual TPDES permits.
According to the Memorandum of Agreement between the commission and EPA,
the NPDES permits issued by the EPA to authorize storm water discharges from
large and medium MS4s must be reissued by the commission as TPDES permits
as each permit expires. Phase I MS4s are large systems (serving a population
greater than 250,000 people) to medium systems (serving a population less
than 250,000, but greater than or equal to 100,000), while Phase II MS4s are
small systems (serving a population less than 100,000 people). In accordance
with Phase II regulations, by December 2002, the commission must also develop
and issue TPDES permits for storm water discharges from Phase II small MS4s.
Authorized discharges from MS4s include storm water, certain non-storm
water discharges, and previously TPDES permitted wastewater discharges from
outfalls contributing to the MS4 system. Non-storm water discharges are described
in the
Federal Register
of December 8, 1999
(64 FR 68756) to be the following: water line flushing, landscape irrigation,
diverted stream flows, rising ground waters, uncontaminated ground water infiltration
(as defined in 40 Code of Federal Regulations §35.2005(20)), uncontaminated
pumped ground water, discharges from potable water sources, foundation drains,
air-conditioning condensation, irrigation water, springs, water from crawl
space pumps, footing drains, lawn watering, individual residential car washing,
flows from riparian habitats and wetlands, dechlorinated swimming pool discharges,
street wash water and discharges, or flows from fire fighting activities.
SECTION DISCUSSION
New §39.551(b)(2)(C) is adopted to add language that replaces the
direct mail requirement for the Notice of Receipt of Application and Intent
to Obtain a Permit to adjacent or downstream landowners for a new permit or
major amendment to an individual TPDES permit that authorizes discharges from
an MS4. This amendment is adopted in order to make public notice less expensive
and burdensome for the MS4 owner/operator; the costs and burden usually to
cities and counties, but ultimately borne by taxpayers, could be excessive
without this modification. (A public posting requirement in subsection (b)(3)
of this section of the Notice of Receipt of Application and Intent to Obtain
a Permit replaces the direct mail requirement.)
New §39.551(b)(3) is adopted to require the applicant for a new permit
or major amendment to an individual TPDES permit that authorizes discharges
from an MS4 to post a copy of the Notice of Receipt of Application and Intent
to Obtain a Permit. The notice must be posted within 30 days of the application
being declared administratively complete and remain posted until the commission
has taken final action on the application. The notice must be posted at a
place convenient and readily accessible to the public in the administrative
offices of the political subdivision in the county in which the MS4 or discharge
is located. This notice will be provided by applicants for a new permit or
major amendment to an individual TPDES permit that authorizes discharges from
an MS4 to replace the direct mail notice to adjacent or downstream landowners.
The purpose of this change is to establish an alternative notice requirement
that will continue to provide adequate public notice while reducing the burden
on cities and other public entities.
Section 39.551(c) is adopted to be amended to remove an obsolete cross-reference.
New §39.551(c)(5)(A) and (B) are adopted to replace the direct mail
requirement for the Notice of Application and Preliminary Decision to adjacent
or downstream landowners for a new individual TPDES permit for a discharge
authorized by an existing state permit issued before September 14, 1998, for
which the application does not propose a major amendment. New §39.551(c)(5)(A)
and (B) would mirror the existing language in §39.551(b)(2)(A) and (B),
which has been the intent and practice of the commission. This amendment is
adopted in order to make public notice less expensive and burdensome for the
MS4 owner/operator; the costs and burden usually to cities and counties, but
ultimately borne by taxpayers, could be excessive without this modification.
(A public posting requirement in subsection (c)(6) of this section for the
Notice of Application and Preliminary Decision replaces the direct mail requirement.)
New §39.551(c)(5)(C) is adopted to add language that replaces the
direct mail requirement for the Notice of Application and Preliminary Decision
to adjacent or downstream landowners for a new permit or major amendment to
an individual TPDES permit that authorizes discharges from an MS4. This amendment
is adopted in order to make public notice less expensive and burdensome for
the MS4 owner/operator; the costs and burden usually to cities and counties,
but ultimately borne by taxpayers, could be excessive without this modification.
(A public posting requirement in subsection (c)(6) of this section for the
Notice of Application and Preliminary Decision replaces the direct mail requirement.)
New §39.551(c)(6) is adopted to require the applicant for a new permit
or major amendment to an individual TPDES permit that authorizes discharges
from an MS4 to post a copy of the Notice of Application and Preliminary Decision.
The notice must be posted on or before the first day of published newspaper
notice and must remain posted until the commission has taken final action
on the application. The notice must be posted at a place convenient and readily
accessible to the public in the administrative offices of the political subdivision
in the county in which the MS4 or discharge is located. This notice will be
provided by applicants for a new permit or a major amendment to an individual
TPDES permit that authorizes discharges from an MS4 to replace the direct
mail notice to adjacent or downstream landowners. The purpose of this change
is to establish an alternative notice requirement that will continue to provide
adequate public notice while reducing the burden on cities and other public
entities.
FINAL REGULATORY IMPACT ANALYSIS DETERMINATION
The commission reviewed the adopted rulemaking in light of the regulatory
analysis requirements of Texas Government Code, §2001.0225, and determined
the rulemaking is not subject to §2001.0225 because it does not meet
the definition of a "major environmental rule." "Major environmental rule"
means a rule, the specific intent of which, is to protect the environment
or reduce risks to human health from environmental exposure and that may adversely
affect in a material way the economy, a sector of the economy, productivity,
competition, jobs, the environment, or the public health and safety of the
state or a sector of the state. This rulemaking is intended to implement less
burdensome public notification requirements for applicants seeking authorization
to amend or apply for an individual TPDES MS4 permit while also providing
an alternative method of adequate public notice. Therefore, the rulemaking
does not meet the definition of "major environmental rule" because the rulemaking
is not specifically intended to protect the environment or reduce risks to
human health from environmental exposure.
The commission solicited comments on the draft regulatory impact analysis
determination. No comments were received.
TAKINGS IMPACT ASSESSMENT
The commission conducted a takings impact assessment for this rule under
Texas Government Code, §2007.043. This rulemaking is procedural in nature
and does not provide the commission with any additional authority or jurisdictional
responsibility related to MS4s. This rulemaking is intended to implement less
burdensome public notification requirements for applicants seeking authorization
to amend or apply for an individual TPDES MS4 permit while also providing
an alternative method of adequate public notice. Therefore, the rulemaking
will not constitute a takings under Texas Government Code, Chapter 2007.
CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM
The commission reviewed the rulemaking and found the rulemaking is identified
in the Coastal Coordination Act (CCA) Implementation Rules, 31 Texas Administrative
Code (TAC) §505.11(b)(2), relating to Actions and Rules Subject to the
Coastal Management Program (CMP) or will affect an action/authorization identified
in the CCA Implementation Rules, 31 TAC §505.11(a)(6), and will, therefore,
require that applicable goals and policies of the CMP be considered during
the rulemaking process.
The commission conducted a consistency determination for the adopted rulemaking
pursuant to 31 TAC §505.22, and found the adopted rulemaking is consistent
with the applicable CMP goals and policies. The goals of the CMP, in 31 TAC §501.12,
applicable to the rulemaking, are to: protect, preserve, restore, and enhance
the diversity, quality, quantity, functions, and values of coastal natural
resource areas; to ensure sound management of all coastal resources by allowing
for compatible economic development and multiple human uses of the coastal
zone; to ensure and enhance planned public access to and enjoyment of the
coastal zone in a manner that is compatible with private property rights and
other uses of the coastal zone; and to balance these competing interests.
The policy of the CMP applicable to the adopted rulemaking is §501.14(f)(1)(A),
which requires the commission rules to comply with the Clean Water Act.
Promulgation and enforcement of the adopted rules will not violate (exceed)
any standards identified in the applicable CMP goals and policies because
the change adopted by the rulemaking is procedural in nature and will not
have direct or significant adverse effect on any coastal natural resource
areas, nor will the rulemaking have a substantive effect on commission actions
subject to the CMP.
The commission solicited comments on the consistency determination. The
commission received a letter from the Texas Department of Transportation (TxDOT);
the letter stated that TxDOT did not have any comments or suggestions on the
consistency determination.
HEARING AND COMMENTERS
A public hearing was held on June 25, 2001, in Room 3202A, Building F,
at the commission's central office located at 12100 Park 35 Circle. No one
attended the hearing. The comment period closed on July 9, 2001. The commission
received a letter from the Texas Department of Transportation (TxDOT); the
letter stated that TxDOT did not have any comments or suggestions.
STATUTORY AUTHORITY
The amendment is adopted under Texas Water Code (TWC), §5.012, which
states that the commission is the agency responsible for implementing the
constitution and laws of the state relating to conservation of natural resources
and protection of the environment; §5.013, which establishes the commission's
authority over various statutory programs; §5.103 and §5.105, which
establish the commission's general authority to adopt rules; §5.551,
which establishes that the commission shall by rule provide for notice to
the extent necessary to satisfy the EPA requirements; §26.011, which
states the commission has the powers and duties prescribed in Chapter 26 and
all other powers necessary or convenient to carry out its responsibilities
to adopt reasonable rules or orders adopted or issued by the commission to
regulate discharges under Chapter 26; and Texas Government Code, §2001.004,
which requires state agencies to adopt rules of practice.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 9, 2001.
TRD-200104582
Ramon Dasch
Interim Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Effective date: August 29, 2001
Proposal publication date: June 8, 2001
For further information, please call: (512) 239-6087
The Texas Natural Resource Conservation Commission (commission) adopts
amendments to Subchapter B, General Volatile Organic Compound Sources, §115.142;
Subchapter D, Petroleum Refining, Natural Gas Processing, and Petrochemical
Processes, §§115.322, 115.323, 115.325, 115.327, and 115.329; Subchapter
E, Solvent-Using Processes, §§115.412, 115.413, 115.415 - 115.417,
115.419, 115.423, 115.426, 115.427, 115.432, 115.433, 115.435, 115.436, 115.439,
and 115.442; and Subchapter F, Miscellaneous Industrial Sources, §§115.512,
115.517, and 115.519. These sections will be submitted to the United States
Environmental Protection Agency (EPA) as proposed revisions to the state implementation
plan (SIP). These sections are adopted
without changes
to the proposed text as published in the June 8, 2001 issue of the
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE ADOPTED RULES
The commission adopts these amendments to Chapter 115, Control of Air Pollution
from Volatile Organic Compounds (VOC), and revisions to the SIP in order to
make a variety of changes which clarify and add flexibility to existing requirements,
correct technical and typographical errors, update references to terms, and
delete redundant language and language made obsolete by the passing of compliance
dates. The adopted clarifications are consistent with rule interpretations
made by the commission's Air Rule Interpretation Team. The amendments also
add a minor recordkeeping requirement necessary to determine compliance with
an exemption.
SECTION BY SECTION DISCUSSION
Throughout this rulemaking the outdated term "undesignated head" is replaced
with the proper term "division" in response to revised
Texas Register
rules published in the February 13, 1998 issue of the
Subchapter B, General Volatile Organic Compound
Sources
Division 4, Industrial Wastewater
The adopted amendment to §115.142(2), Control Requirements, clarifies
that the secondary seal requirements of §115.142(2)(F) only apply to
external floating roof tanks. A misplaced phrase in the current rule makes
the paragraph appear to apply to both internal and external floating roof
tanks.
Subchapter D, Petroleum Refining, Natural Gas
Processing, and Petrochemical Processes
Division 2, Fugitive Emissions Control in Petroleum
Refineries in Gregg, Nueces, and Victoria Counties
The adopted amendment to §115.322(1), Control Requirements, provides
the correct reference to the definition of the term "leak." The current rule
language states that the definition of the term "leak" can be found in §115.10,
Definitions. However, the term "leak" is no longer defined in §115.10
as the result of a previous rulemaking to remove redundant definitions because
numerous terms found in §115.10 were already defined in §101.1,
Definitions. The term "leak" was one of the definitions removed.
The adopted amendment to §115.323(1), Alternate Control Requirements,
replaces the term "undesignated head" with "division."
The adopted amendment to §115.325, Testing Requirements, replaces
the term "undesignated head" with "division," and the complete title of the
division is added to the reference statement.
The adopted amendment to §115.327, Exemptions, replaces the term "undesignated
head" with "division." In §115.327(1), the complete title of the division
is added to the reference statement. In §115.327(2) and (4), the reference
to the division title is deleted because it is only needed the first time
the division is referenced within a section. In §115.327(3), a typographical
correction is made to correct the spelling of the term "Fahrenheit," and the
term "Centigrade" is changed to "Celsius."
The adopted amendment to §115.329, Counties and Compliance Schedules,
adds clarifying language, replaces the term "undesignated head" with "division,"
and adds the complete title of the division to the reference statement.
Subchapter E, Solvent-Using Processes
Division 1, Degreasing Processes
The title of this division is changed from "Degreasing and Cleanup Processes"
to "Degreasing Processes" to more accurately reflect the content of the division.
The adopted amendment to §115.412, Control Requirements, incorporates
the control requirements for Gregg, Nueces, and Victoria Counties into the
current subsection (a) by deleting all of subsection (b), which currently
contains the control requirements for these three counties, and specifying
Gregg, Nueces, and Victoria Counties in the first subsection, which becomes
an undesignated subsection. These changes are adopted to remove identical,
redundant control requirements in the current subsection (b) to make the rule
briefer and easier to read. Also to improve readability, a catch line is added
to each paragraph that identifies the topics being covered. The term "solvent"
is inserted in §115.412(1) and the term "degreasing" replaces "cleaning"
in §115.412(2) so that the terms used in this chapter are consistent
with the definitions in §101.1, Definitions. The term "Centigrade" is
replaced with "Celsius" in §115.412(1)(A)(i). The adopted amendments
to §115.412(1)(E) and (2)(D)(i) clarify how the freeboard ratio should
be determined for cold solvent cleaning or open-top vapor degreasing units
which have an upper portion which is narrower than the air/solvent or the
air/vapor level or if the cover of a degreaser is hinged such that the opening
is narrower than the overall width of a degreaser. The freeboard primarily
serves to reduce drafts near the air/solvent or air/vapor interface. Having
a narrower top would help to reduce the drafts near the air/solvent or air/vapor
interface, thereby reducing the amount of solvent being evaporated. The freeboard
ratio should be determined by dividing the freeboard height by the smallest
interior dimension (i.e., length, width, or diameter). The smallest interior
dimension could be located at any point, from the top or opening of the unit
to the air/solvent or air/vapor level. This change is consistent with air
rule interpretation R5-412.001. Section 115.412(2)(E) is revised to correctly
reference the proper subparagraph. The acronym "OSHA" is added after the phrase
"Occupational Safety and Health Administration" in §115.412(2)(F)(xii)
and replaces the term "Occupational Safety and Health Administration" in §115.412(3)(I)(i).
The adopted amendments to §115.413, Alternate Control Requirements,
incorporate the alternate control requirements for Gregg, Nueces, and Victoria
Counties into the current subsection (a) by deleting all of subsection (b),
which currently contains the alternate control requirements for these three
counties, and specifying Gregg, Nueces, and Victoria Counties in the first
subsection, which becomes an undesignated subsection. These changes are adopted
to remove identical, redundant alternate control requirements in the current
subsection (b) to make the rule briefer and easier to read. The adopted amendments
also reformat current subsection (a) by rephrasing the first portion of the
text to clearly indicate the subject of the paragraphs to follow (alternate
control requirements for degreasing processes), by moving the second portion
of the text into a new paragraph (1), and by renumbering the existing paragraphs
accordingly. These changes improve readability and are necessary to make the
formatting of this rule consistent with that used in the corresponding §115.423,
Alternate Control Requirements. The term "executive director" is lower-cased
for consistency with other divisions. An incorrect reference to the "section"
(which should have been "undesignated head") is corrected to reference the
"division." Also, cross-references throughout this section are revised to
reflect reformatting and renumbering changes adopted in other sections.
The adopted amendments to §115.415, Testing Requirements, rephrase
the current subsection (a) to more clearly indicate the subject (testing requirements
for degreasing processes) of the paragraphs to follow. The adopted revisions
also incorporate the testing requirements for Gregg, Nueces, and Victoria
Counties into the current subsection (a) by deleting all of subsection (b),
which currently contains the testing requirements for these three counties,
and specifying Gregg, Nueces, and Victoria Counties in the first subsection,
which becomes an undesignated subsection. These changes are adopted to remove
identical, redundant testing requirements in the current subsection (b) to
make the rule briefer and easier read. Cross-references throughout this section
are revised to reflect reformatting and renumbering changes in other sections.
The adopted amendments to §115.415 also add a new paragraph (3), which
authorizes the use of test methods other than those specifically listed in §115.415(1)
or (2), provided that any new test method is validated using the procedures
in 40 Code of Federal Regulations (CFR) 63, Appendix A, Test Method 301, with
the executive director acting as the administrator. The adopted new language
has previously been added to five other divisions within Chapter 115 with
the EPA's approval. This revision is necessary because in some specific and
unique situations the listed test methods may be inappropriate. The new paragraph
increases flexibility by allowing the use of additional test methods which
may be more cost-effective and more appropriate in certain unique situations.
The adopted amendments to §115.416, Recordkeeping Requirements, revise
the sentence structure and replace the phrase "any open-top vapor or conveyorized
degreasing operation" with the phrase "degreasing process" in the current
subsection (a) for clarity and consistency with other sections in this division.
The revisions also incorporate the recordkeeping requirements for Gregg, Nueces,
and Victoria Counties into the current subsection (a) by deleting all of subsection
(b), which currently contains the recordkeeping requirements for these three
counties, and specifying Gregg, Nueces, and Victoria Counties in the first
subsection, which becomes an undesignated subsection. These changes are adopted
to remove identical, redundant recordkeeping requirements in the current subsection
(b) to make the rule briefer and easier to read. The adopted revision also
replaces the phrase "Texas Natural Resource Conservation Commission (TNRCC)"
with the administratively correct term "executive director," and the acronym
"EPA" replaces the phrase "United States Environmental Protection Agency (EPA)."
A cross-reference is revised to reflect a reformatting and renumbering change
in the referenced section. A new paragraph (3) adds a recordkeeping requirement
for degreasing operations in Gregg, Nueces, and Victoria Counties which are
exempt under current §115.417(b)(3), which becomes §115.417(5).
The recordkeeping requirement is needed to determine compliance with the exemption.
The requirement simply states that the operator must keep records in sufficient
detail to document compliance with the exemption cutoff limit of 550 pounds
of VOC emissions in any consecutive 24-hour period and is necessary to provide
enforceability of the exemption. Please note that "any consecutive 24-hour
period" is considered a rolling 24-hour period, rather than midnight of one
calendar day to midnight of the next calendar day.
The adopted amendments to §115.417, Exemptions, incorporate the exemptions
for Gregg, Nueces, and Victoria Counties into the current subsection (a) by
deleting all of subsection (b), which currently contains the exemptions for
these three counties, and specifying Gregg, Nueces, and Victoria Counties
in the first subsection, which becomes an undesignated subsection. The size
exemption for Gregg, Nueces, and Victoria Counties that is currently located
in §115.417(b)(3) is still applicable; therefore, the content of this
paragraph becomes a new paragraph (5). These changes are adopted to remove
identical, redundant exemptions in the current subsection (b) to make the
rule briefer and easier to read. Cross-references throughout this section
are revised to reflect reformatting and renumbering changes in other sections.
The current §115.417(a)(2), which becomes §115.417(2), is restructured
and reformatted to include two subparagraphs so that remote reservoir cold
solvent cleaners can be specified as exempt from the freeboard and water cover
requirements of §115.412(1)(E). Even though remote reservoirs are a subset
of cold solvent cleaners (because they use liquid solvent to remove soils
from part surfaces while maintaining the solvent below its boiling point),
the two pieces of equipment do not operate in the same way because their designs
are different. For a remote reservoir, the liquid solvent is pumped to a sink-like
work area that drains solvent back into an enclosed container while parts
are being cleaned, allowing no solvent to pool around the parts. For a cold
solvent cleaner, the solvent does pool around the parts and therefore, a freeboard
or water cover is necessary. The purpose of the freeboard is to ensure that
when parts are placed into the solvent pool, there is enough empty air space
between the solvent level and the top of the tank to minimize solvent drag
out when an air stream passes over the open reservoir as well as to prevent
solvent overflow when parts are placed in the pool, thus decreasing air emissions.
Also, for the cold solvent cleaning system exemption in the adopted §115.417(2)(A),
the "or if" statement is changed to a "provided that" statement. This is necessary
so the exemption will be consistent with the EPA's guidelines concerning the
control of VOC emissions from solvent metal cleaning. The rule language in
the current §115.417(a)(2) inadvertently allows a high vapor pressure
solvent to be exempt from the requirements of §115.412(1)(E) as long
as the solvent was not heated above 120 degrees Fahrenheit. This was never
the intent of the EPA's guidelines nor was it the intent of the commission.
The adopted amendment to §115.419, Counties and Compliance Schedules,
adds clarifying language and replaces the term "undesignated head" with the
term "division."
Subchapter E, Division 2, Surface Coating Processes
The adopted amendments to §115.423, Alternate Control Requirements,
clarify the requirements for when a vapor control system is used to control
emissions from coating operations. Specifically, current §115.423(3)
is reformatted into two paragraphs to add an equation specifying how to determine
the minimum overall control efficiency necessary to demonstrate equivalency
with the emission limitations of §115.421 when a vapor control system
is used to control emissions from coating operations. The owner or operator
can choose to use either a daily weighted average or the maximum VOC content
in the equation. Use of the maximum VOC content (i.e., the worst-case scenario)
has the advantage of being a one-time calculation. The phrase "of any surface
coating facility" is deleted from adopted paragraph (3)(B) because it is redundant.
The adopted amendments to §115.426, Monitoring and Recordkeeping Requirements,
clarify that records of non-exempt solvent washings are not required if an
owner or operator using non- exempt solvents for washing directs the non-exempt
solvent into a container that prevents evaporation into the atmosphere. This
change is consistent with air rule interpretation R5-412.005.
The adopted amendments to §115.427, Exemptions, delete a portion of §115.427(a)(3)(C)
that explains that coatings which are not subject to a standard in §115.421(a)(1)
- (15) are not included in the exemption calculation and move it to §115.427(a)(3)
so it is clear that this statement applies to all of the exemptions listed
under this paragraph. The same clarifying statement is also added to §115.427(b)(1).
The phrase "volatile organic compound (VOC)" is replaced by the acronym "VOC."
The adopted amendments also relocate the exemption for aerosol coating
(spray paint) by deleting the current §115.427(a)(3)(J) and placing this
exemption in a new §115.427(a)(6). This revision is necessary because
this exemption was intended to apply to all surface coating operations (see
the April 3, 1998 issue of the
Texas Register
(23 TexReg 3505)); however, the current location of this exemption inadvertently
excludes vehicle refinishing (body shops). The current §115.427(a)(3)(K)
is renumbered to become a new §115.427(a)(3)(J) as a result of the deletion
of the current §115.427(a)(3)(J).
Revisions are adopted for current §115.427(a)(3)(K), which is renumbered
as §115.427(a)(3)(J), because the current rule language does not state
from what requirements the aerospace vehicles cleaning and coating activities
are exempt. The subparagraph was added to the Surface Coating Processes Division
effective July 20, 2000, as published in the July 14, 2000 issue of the
The adopted amendment to §115.427(b)(2)(C) and the deletion of §115.427(b)(2)(D)
is necessary to make the format of the rule language in §115.427(b) consistent
with that in §115.427(a). On April 7, 1998, the commission adopted rule
language that updated the terminology in the existing miscellaneous metal
parts/products exemption from "fully assembled marine vessels and fixed offshore
structures" to "ships and offshore oil or gas drilling platforms" for consistency
with the new requirements for surface coating of ships and offshore oil and
gas drilling platforms. The term "and" is added to §115.427(b)(2)(B)
because §115.427(b)(2)(C) is now the last subparagraph in the paragraph.
Subchapter E, Division 3, Flexographic and Rotogravure
Printing
The adopted amendments to §115.432, Control Requirements, change the
term "standard exemption" to "permit by rule" throughout the section due to
the requirements of Senate Bill 766, 76th Legislature, 1999, which amended
the Texas Clean Air Act (TCAA) and created "permits by rule." The phrase "carbon
adsorption or incineration system" is replaced with the more general term
"vapor control system" in §115.432(a)(1)(C) and (b)(3) because control
systems used to reduce VOC emissions may encompass more than just carbon adsorption
or incineration systems. In §115.432(a)(2), the phrase "no more than"
replaces "at or below" and "to" replaces "and" for clarification. A reference
to Chapter 106, relating to Permits by Rule, is added in §115.432(a)(2)(A)
because it is the chapter that contains the permits by rule discussed in the
section. In §115.432(a)(2)(B), the administratively correct term "executive
director" replaces the phrase "Texas Natural Resource Conservation Commission,"
and the language is corrected to include authorizations by permit amendment
and standard permit, instead of just permit and permit by rule.
The adopted amendments to §115.433, Alternate Control Requirements,
make administrative corrections to replace the term "section" (which should
have been "undesignated head") with "division" and lower-case the term "executive
director."
The adopted amendments to §115.435, Testing Requirements, change references
from "carbon adsorber" to "carbon adsorption system" for clarification. The
term and acronym, Texas Air Control Board (TACB), is replaced with the administratively
correct term "executive director." The acronyms "CFR," "EPA," and "VOC" are
added as needed throughout the section to replace the terms "Code of Federal
Regulations," "United States Environmental Protection Agency (EPA)," and "volatile
organic compound," respectively. In addition, the phrase "of the 30-day period"
is added to §115.435(a)(7)(A)(ii)(I) to clarify that "daily" refers to
each 24-hour period of the 30-day period.
The adopted amendments to §115.436, Monitoring and Recordkeeping Requirements,
replace "Texas Air Control Board" and its acronym TACB with the administratively
correct term "executive director," and "United States Environmental Protection
Agency (EPA)" is replaced with just the acronym.
The adopted amendments to §115.439, Counties and Compliance Schedules,
delete subsections (a) - (d) because the language is obsolete due to the passing
of a July 31, 1993 compliance date and add new language in an undesignated
subsection stating that all affected persons in Brazoria, Chambers, Collin,
Dallas, Denton, El Paso, Fort Bend, Galveston, Gregg, Hardin, Harris, Jefferson,
Liberty, Montgomery, Nueces, Orange, Tarrant, Victoria, and Waller Counties
shall continue to comply with applicable sections of this division (relating
to Flexographic and Rotogravure Printing) as required by §115.930 (relating
to Compliance Dates).
Subchapter E, Division 4, Offset Lithographic
Printing
The adopted amendments to §115.442(1)(E), Control Requirements, replace
"this regulation" with "the fountain solution limitations of this paragraph"
for clarification.
Subchapter F, Miscellaneous Industrial Sources
Division 1, Cutback Asphalt
The adopted amendments to §115.512, Control Requirements, add the
word "by" to further clarify that §115.512(1) only applies to state,
municipal, and county agencies.
The adopted amendments to §115.517, Exemptions, correct a cross-reference
from §115.512(3) to §115.512(2) needed as the result of the renumbering
of §115.512 effective August 18, 1999. (See the August 13, 1999 issue
of the
Texas Register
).
The adopted amendments to §115.519, Counties and Compliance Schedules,
delete subsections (a) and (b) because the language is obsolete due to the
passing of December 31, 1992, and April 16, 1993, compliance dates and add
new language stating that all affected persons in Brazoria, Chambers, Collin,
Dallas, Denton, El Paso, Fort Bend, Galveston, Hardin, Harris, Jefferson,
Liberty, Montgomery, Nueces, Orange, Tarrant, and Waller Counties shall continue
to comply with applicable sections of this division (relating to Cutback Asphalt)
as required by §115.930 (relating to Compliance Dates).
FINAL REGULATORY IMPACT ANALYSIS DETERMINATION
The commission reviewed the adopted rulemaking in light of the regulatory
analysis requirements of Texas Government Code, §2001.0225, and determined
that this rulemaking is not subject to §2001.0025 because it does not
meet the definition of a "major environmental rule" as defined in that statute.
"Major environmental rule" means a rule the specific intent of which is to
protect the environment or reduce risks to human health from environmental
exposure and that may adversely affect in a material way the economy, productivity,
competition, jobs, the environment, or the public health and safety of the
state or a sector of the state.
This rulemaking is not a major environmental rule because its primary purpose
is to clarify procedural and technical requirements for facilities subject
to Chapter 115 rules. Specifically, the amended sections clarify the requirements
for cold solvent cleaners and the applicability of the requirements; provide
additional test methods for degreasing processes to be used under certain
circumstances; require degreasing operations exempt under §115.417(5)
from the control requirements in §115.412 to keep records to document
compliance with the exemption conditions; clarify an exemption from recordkeeping
for certain surface coating facility owners or operators; and clarify rule
language to correct errors, update references, and delete redundant and obsolete
language. Also, the fiscal impacts associated with this rulemaking are not
anticipated to be significant.
In addition, a regulatory impact analysis is not required because the rules
do not meet any of the four applicability criteria for requiring a regulatory
analysis of a "major environmental rule" as defined in the Texas Government
Code. Section 2001.0225 applies only to a major environmental rule the result
of which is to: 1) exceed a standard set by federal law, unless the rule is
specifically required by state law; 2) exceed an express requirement of state
law, unless the rule is specifically required by federal law; 3) exceed a
requirement of a delegation agreement or contract between the state and an
agency or representative of the federal government to implement a state and
federal program; or 4) adopt a rule solely under the general powers of the
agency instead of under a specific state law. This rulemaking does not exceed
a standard set by federal law, and the adopted technical requirements are
consistent with applicable federal standards. In addition, this rulemaking
does not exceed an express requirement of state law and is not adopted solely
under the general powers of the agency, but is specifically authorized by
the provisions cited in the STATUTORY AUTHORITY section of this preamble.
Finally, this rulemaking does not exceed a requirement of a delegation agreement
or contract to implement a state and federal program. The commission invited
public comment on the draft regulatory impact analysis determination, and
no comments were received.
TAKINGS IMPACT ASSESSMENT
The commission prepared a takings impact assessment for the adopted rules
pursuant to Texas Government Code, §2007.043. The following is a summary
of that assessment. The primary purpose of the rulemaking is to revise specific
rules in Chapter 115 to clarify and add flexibility to existing requirements,
correct errors, update references, and delete redundant and obsolete language.
Promulgation and enforcement of these rules will be neither a statutory nor
a constitutional taking because they do not affect private real property.
Specifically, the adopted rules do not affect a landowner's rights in private
real property because this rulemaking does not burden (constitutionally),
nor restrict or limit the owner's right to property and reduce its value by
25% or more beyond that which would otherwise exist in the absence of the
rules. Therefore, these rules do not constitute a taking under the Texas Government
Code, Chapter 2007.
CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM
The commission reviewed this rulemaking for consistency with the Texas
Coastal Management Program (CMP) goals and policies in accordance with the
regulations of the Coastal Coordination Council, and determined that the rulemaking
is consistent with the applicable CMP goals and policies. The commission received
a letter from the Texas Department of Transportation stating that it reviewed
the proposed amendments as they relate to actions or rules subject to the
CMP and that it had no comments or suggestions to offer. No other comments
regarding the CMP consistency review were received.
EFFECT ON SITES SUBJECT TO THE FEDERAL OPERATING PERMITS PROGRAM
Because Chapter 115 contains applicable requirements under 30 TAC Chapter
122, Federal Operating Permits, owners or operators subject to the Federal
Operating Permit Program must, consistent with the revision process in Chapter
122, revise their operating permit to include the revised Chapter 115 requirements
for each emission unit affected by the revisions to Chapter 115 at their site.
HEARING AND COMMENTERS
A public hearing was offered in Austin, Texas on July 3, 2001, and the
public comment period ended on July 9, 2001. The commission received a letter
from the Texas Department of Transportation stating that it reviewed the proposed
amendments as they relate to actions or rules subject to the CMP and that
it had no comments or suggestions to offer. No other comments were received.
Subchapter B. GENERAL VOLATILE ORGANIC COMPOUND SOURCES
4.
INDUSTRIAL WASTEWATER
30 TAC §115.142
STATUTORY AUTHORITY
The amendment is adopted under Texas Water Code (TWC), §5.103, which
authorizes the commission to adopt rules necessary to carry out its powers
and duties under the TWC; Texas Health and Safety Code, TCAA, §382.017,
which provides the commission authority to adopt rules consistent with the
policy and purposes of the TCAA; §382.002, which establishes the commission's
purpose to safeguard the state's air resources, consistent with the protection
of public health, general welfare, and physical property; §382.011, which
authorizes the commission to control the quality of the state's air; §382.012,
which authorizes the commission to develop plans to protect the state's air;
and §382.016, which authorizes the commission to require that records
of the air contaminant emissions from a source or activity be made and maintained.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 9, 2001.
TRD-200104567
Ramon Dasch
Acting Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Effective date: August 29, 2001
Proposal publication date: June 8, 2001
For further information, please call: (512) 239-4712
2.
FUGITIVE EMISSION CONTROL IN PETROLEUM REFINERIES IN GREGG, NUECES, AND VICTORIA COUNTIES
30 TAC §§115.322, 115.323, 115.325, 115.327, 115.329
STATUTORY AUTHORITY
The amendments are adopted under Texas Water Code (TWC), §5.103, which
authorizes the commission to adopt rules necessary to carry out its powers
and duties under the TWC; Texas Health and Safety Code, TCAA, §382.017,
which provides the commission authority to adopt rules consistent with the
policy and purposes of the TCAA; §382.002, which establishes the commission's
purpose to safeguard the state's air resources, consistent with the protection
of public health, general welfare, and physical property; §382.011, which
authorizes the commission to control the quality of the state's air; §382.012,
which authorizes the commission to develop plans to protect the state's air;
and §382.016, which authorizes the commission to require that records
of the air contaminant emissions from a source or activity be made and maintained.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 9, 2001.
TRD-200104568
Ramon Dasch
Acting Director
Texas Natural Resource Conservation Commission
Effective date: August 29, 2001
Proposal publication date: June 8, 2001
For further information, please call: (512) 239-4712
1.
DEGREASING PROCESSES
30 TAC §§115.412, 115.413, 115.415 - 115.417, 115.419
STATUTORY AUTHORITY
The amendments are adopted under Texas Water Code (TWC), §5.103, which
authorizes the commission to adopt rules necessary to carry out its powers
and duties under the TWC; Texas Health and Safety Code, TCAA, §382.017,
which provides the commission authority to adopt rules consistent with the
policy and purposes of the TCAA; §382.002, which establishes the commission's
purpose to safeguard the state's air resources, consistent with the protection
of public health, general welfare, and physical property; §382.011, which
authorizes the commission to control the quality of the state's air; §382.012,
which authorizes the commission to develop plans to protect the state's air;
and §382.016, which authorizes the commission to require that records
of the air contaminant emissions from a source or activity be made and maintained.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 9, 2001.
TRD-200104569
Ramon Dasch
Acting Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Effective date: August 29, 2001
Proposal publication date: June 8, 2001
For further information, please call: (512) 239-4712
30 TAC §§115.423, 115.426, 115.427
STATUTORY AUTHORITY
The amendments are adopted under Texas Water Code (TWC), §5.103, which
authorizes the commission to adopt rules necessary to carry out its powers
and duties under the TWC; Texas Health and Safety Code, TCAA, §382.017,
which provides the commission authority to adopt rules consistent with the
policy and purposes of the TCAA; §382.002, which establishes the commission's
purpose to safeguard the state's air resources, consistent with the protection
of public health, general welfare, and physical property; §382.011, which
authorizes the commission to control the quality of the state's air; §382.012,
which authorizes the commission to develop plans to protect the state's air;
and §382.016, which authorizes the commission to require that records
of the air contaminant emissions from a source or activity be made and maintained.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 9, 2001.
TRD-200104570
Ramon Dasch
Acting Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Effective date: August 29, 2001
Proposal publication date: June 8, 2001
For further information, please call: (512) 239-4712
30 TAC §§115.432, 115.433, 115.435, 115.436, 115.439
STATUTORY AUTHORITY
The amendments are adopted under Texas Water Code (TWC), §5.103, which
authorizes the commission to adopt rules necessary to carry out its powers
and duties under the TWC; Texas Health and Safety Code, TCAA, §382.017,
which provides the commission authority to adopt rules consistent with the
policy and purposes of the TCAA; §382.002, which establishes the commission's
purpose to safeguard the state's air resources, consistent with the protection
of public health, general welfare, and physical property; §382.011, which
authorizes the commission to control the quality of the state's air; §382.012,
which authorizes the commission to develop plans to protect the state's air;
and §382.016, which authorizes the commission to require that records
of the air contaminant emissions from a source or activity be made and maintained.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 9, 2001.
TRD-200104571
Ramon Dasch
Acting Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Effective date: August 29, 2001
Proposal publication date: June 8, 2001
For further information, please call: (512) 239-4712
30 TAC §115.442
STATUTORY AUTHORITY
The amendment is adopted under Texas Water Code (TWC), §5.103, which
authorizes the commission to adopt rules necessary to carry out its powers
and duties under the TWC; Texas Health and Safety Code, TCAA, §382.017,
which provides the commission authority to adopt rules consistent with the
policy and purposes of the TCAA; §382.002, which establishes the commission's
purpose to safeguard the state's air resources, consistent with the protection
of public health, general welfare, and physical property; §382.011, which
authorizes the commission to control the quality of the state's air; §382.012,
which authorizes the commission to develop plans to protect the state's air;
and §382.016, which authorizes the commission to require that records
of the air contaminant emissions from a source or activity be made and maintained.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 9, 2001.
TRD-200104572
Ramon Dasch
Acting Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Effective date: August 29, 2001
Proposal publication date: June 8, 2001
For further information, please call: (512) 239-4712
1.
CUTBACK ASPHALT
30 TAC §§115.512, 115.517, 115.519
STATUTORY AUTHORITY
The amendments are adopted under Texas Water Code (TWC), §5.103, which
authorizes the commission to adopt rules necessary to carry out its powers
and duties under the TWC; Texas Health and Safety Code, TCAA, §382.017,
which provides the commission authority to adopt rules consistent with the
policy and purposes of the TCAA; §382.002, which establishes the commission's
purpose to safeguard the state's air resources, consistent with the protection
of public health, general welfare, and physical property; §382.011, which
authorizes the commission to control the quality of the state's air; §382.012,
which authorizes the commission to develop plans to protect the state's air;
and §382.016, which authorizes the commission to require that records
of the air contaminant emissions from a source or activity be made and maintained.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 9, 2001.
TRD-200104573
Ramon Dasch
Acting Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Effective date: August 29, 2001
Proposal publication date: June 8, 2001
For further information, please call: (512) 239-4712
The Texas Natural Resource Conservation Commission (TNRCC or commission)
adopts the amendments to §336.2, Definitions; §336.305, Occupational
Dose Limits for Adults; §336.307, Determination of External Dose from
Airborne Radioactive Material; §336.310, Planned Special Exposures; §336.312,
Dose Equivalent to an Embryo/Fetus; §336.315, General Requirements for
Surveys and Monitoring; §336.316, Conditions Requiring Individual Monitoring
of External and Internal Occupational Dose; §336.319, Use of Process
or Other Engineering Controls; §336.320, Use of Other Controls; §336.321,
Use of Individual Respiratory Protection Equipment; §336.322, Further
Restrictions on the Use of Respiratory Protection Equipment; §336.335,
Reporting Requirements for Incidents; §336.341, General Recordkeeping
Requirements for Licensees; §336.346, Records of Individual Monitoring
Results; §336.358, Appendix A. Assigned Protection Factors for Respirators; §336.359,
Appendix B. Annual Limits on Intake (ALI) and Derived Air Concentrations (DAC)
of Radionuclides for Occupational Exposure; Effluent Concentrations; Concentrations
for Release to Sanitary Sewerage; and §336.611, Public Notification and
Public Participation. The commission is also adopting the repeal of Subchapter
I, §336.801, Purpose and Scope; §336.802, Definitions; §336.803,
Financial Assurance Requirements; §336.804, Financial Assurance Mechanisms; §336.805,
Long-Term Care Requirements; §336.806, Wording of Financial Assurance
Mechanisms; and §336.807, Appendix A. Wording of Financial Assurance
Instruments. The amendments to §§336.2, 336.305, 336.307, 336.310,
336.312, 336.315, 336.316, 336.319 - 336.322, 336.335, 336.341, 336.346, 336.358,
336.359, and 336.611 and the repeal of §§336.801 - 336.807 are adopted
without changes to the proposal as published in the June 8, 2001, issue of
the
Texas Register
(26 TexReg 4052) and will
not be republished.
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE ADOPTED RULES
Nearly all of the amendments to this chapter were derived from three United
States Nuclear Regulatory Commission (NRC) rulemakings: 1.) Respiratory Protection
and Controls to Restrict Internal Exposures, October 7, 1999 (64 FR 54543),
and October 13, 1999 (64 FR 55524), effective February 4, 2000; 2.) Minor
Corrections, Clarifying Changes, and a Minor Policy Change, July 23, 1998
(63 FR 39477), and August 26, 1998 (63 FR 45393), effective October 26, 1998;
and, to a very limited extent, 3.) Resolution of Dual Regulation of Airborne
Effluents of Radioactive Materials; Clean Air Act, December 10, 1996 (61 FR
65119), effective January 9, 1997, which was revisited to add a definition
inadvertently omitted in an earlier rulemaking (in 1998). The commission must
incorporate NRC rulemakings into its rules to preserve the status of Texas
as an Agreement State authorized to administer a portion of the radiation
control program in this state. NRC rules must be incorporated into the commission's
rules within three years of their effective date.
The amendments from NRC's "Respiratory Protection and Controls to Restrict
Internal Exposures" rulemaking make the regulations more consistent with the
philosophy of controlling the sum of internal and external radiation exposure
and reflect current guidance on respiratory protection from the American National
Standards Institute (ANSI). The amendments are also consistent with recently
effective revisions to the Occupational Safety and Health Administration's
(OSHA's) respiratory protection rule and make requirements for radiological
protection less prescriptive, while reducing unnecessary regulatory burden,
without reducing worker protection. The amendments provide greater assurance
that worker doses will be maintained as low as is reasonably achievable and
that recent technological advances in respiratory protection equipment and
procedures are reflected in the regulations and clearly approved for use by
licensees.
The amendments from NRC's "Minor Corrections, Clarifying Changes, and a
Minor Policy Change" rulemaking make minor corrections and clarifying changes
and are also intended to conform with the NRC's revised radiation protection
standards. In addition, the rulemaking includes a minor policy change that
raises the criteria for placement of monitoring devices on minors from 0.05
rem to 0.1 rem in a year and on declared pregnant women from 0.05 rem to 0.1
rem during their pregnancies. The 0.1 rem deep dose equivalent monitoring
criterion represents a quantity more consistent with the measurement sensitivity
of individual monitoring devices. (Minor Corrections, Clarifying Changes,
and a Minor Policy Change, July 23, 1998 (63 FR 39478)). The NRC determined
that the current criterion of 0.05 rem, if received uniformly in a year or
throughout the gestation period, would result in an average monthly dose of
less than 0.005 rem, and that the most routinely utilized monitoring devices
cannot accurately measure doses below 0.01 rem, which is greater than the
average monthly dose of 0.005 rem. These changes to the threshold for monitoring
exposures to radiation and radioactive material do not change the total occupational
dose limits for minors or declared pregnant women of 0.5 rem.
Lastly, the definition for "constraint (dose constraint)" from NRC's "Resolution
of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air
Act" rulemaking was inadvertently omitted from a previous commission rulemaking
(August 28, 1998 issue of the
Texas Register
(23 TexReg 8837)) and needs to be incorporated now to assure compatibility
with the NRC regulations.
The commission also adopts in 30 Texas Administrative Code (TAC) Chapter
336, Radioactive Substance Rules, an update to one cross-reference in Subchapter
D, an update to one cross-reference in Subchapter G, and a repeal of Subchapter
I, which was made obsolete when its requirements were previously incorporated
into 30 TAC Chapter 37, Subchapters S and T.
SECTION BY SECTION DISCUSSION
Subchapter A, General Provisions
All of the changes adopted in Subchapter A are derived from the federal
rule changes.
The amendments to §336.2 are adopted to make it compatible with the
latest version of Title 10 Code of Federal Regulations (CFR) §20.1003.
New federal definitions are added for "Air- purifying respirator," "Assigned
protection factor (APF)," "Atmosphere-supplying respirator," "Constraint (dose
constraint)," "Demand respirator," "Disposable respirator," "Filtering facepiece
(dust mask)," "Fit factor," "Fit test," "Helmet," "Hood," "Lens dose equivalent
(LDE)," "Loose-fitting facepiece," "Negative pressure respirator (tight fitting),"
"Positive pressure respirator," "Powered air- purifying respirator (PAPR),"
"Pressure demand respirator," "Qualitative fit test (QLFT)," "Quantitative
fit test (QNFT)," "Self-contained breathing apparatus (SCBA)," "Supplied-air
respirator (SAR) or airline respirator," "Tight-fitting facepiece," and "User
seal check (fit check)." Also, per the NRC rules, the commission adopts the
amendment of the definitions of "Declared pregnant woman," "High radiation
area," "Individual monitoring devices," and "Very high radiation area," and
the deletion of the definition of "Eye dose equivalent." The new definition
of "Constraint (dose constraint)" is added to make it clear that although
a constraint is not the same as a limit, licensees are expected to develop
radiation programs to ensure that doses from air emissions are below ten mrem
per year. The definition of "Declared pregnant woman" is revised to specify
that the written declaration of pregnancy is to be given to the licensee rather
than to the employer, unless the employer is also the licensee. This is necessary
to ensure that the entity responsible for work assignments involving radiation
exposure, the licensee, is aware of the declaration of pregnancy to facilitate
timely and appropriate protective action. The revision also specifies that
the declaration, as well as associated dose restrictions, remain in effect
until withdrawn in writing or until the woman is no longer pregnant. The determination
that a declared pregnant woman is no longer pregnant should be based on a
discussion between the declared pregnant woman and the licensee. The definitions
of "High radiation area" and "Very high radiation area" are revised to make
it clear that these area designations exist solely to note radiation levels
from sources external to an individual who may receive the dose. The existing
definition of "Eye dose equivalent (EDE)" is deleted and replaced by the new
definition of "Lens dose equivalent (LDE)" to avoid confusion between the
acronyms for dose to the lens of the eye (EDE) and effective dose equivalent
(EDE). This should pose no procedural burden on licensees because the required
NRC Forms 4 and 5 for records and reports were revised in August 1995 to reflect
the new terminology, and these forms or their equivalents are required to
be used by the existing rules.
Subchapter D, Standards for Protection Against
Radiation
All of the changes adopted in Subchapter D are derived from the federal
rule changes, except the cross-reference update in §336.359.
Section 336.305(a)(2)(A) is amended by replacing the words "an eye" with
the words "a lens." This change is consistent with the previously adopted
deletion of the definition of "Eye dose equivalent (EDE)" and its replacement
by the new definition of "Lens dose equivalent (LDE)" in §336.2 to avoid
confusion between the acronyms for dose to the lens of the eye (EDE) and effective
dose equivalent (EDE). Section 336.305(c) is amended by changing "shall" to
"must" for better readability and changing "eye" to "lens" for consistency
with the change to §336.305(a)(2)(A). These changes will also update
this section to make it consistent with the latest version of 10 CFR §20.1201.
Section 336.307(a) is amended in the second line to replace "eye" with
"lens" for the same reason given in the discussion of §336.305(a)(2)(A)
and to update this section to be consistent with the latest version of 10
CFR §20.1203.
Section 336.310(1) is amended by changing "higher exposure" to "dose estimated
to result from the planned special exposure." This amendment is intended to
clarify what was intended by the words "higher exposure" used in the rule
previously. The phrase applies to dose estimates performed prior to authorizing
the planned special exposure (PSE). The new wording states that PSE's are
authorized only in exceptional situations when alternatives that might avoid
the dose estimated to result from the PSE are unavailable or impractical.
Improved clarification will avoid possible misinterpretation of a PSE criterion.
This change will also make this section compatible with the latest version
of 10 CFR §20.1206.
Section 336.312 title is changed to "Dose Equivalent to an Embryo/Fetus"
to make it clear that the dose limit specifically applies to the dose equivalent,
which is the technically correct term to denote effect of dose to an organ.
Subsection (c)(2) is amended by adding the word "resulting" in front of the
word "from" for greater clarity. Subsection (d) is amended by moving the phrase
"by the time the woman declares pregnancy to the licensee" for greater clarity,
by adding "equivalent" after the word "dose" in two places to use the technically
correct expression "dose equivalent," and by changing "has exceeded" to "is
found to have exceeded" for greater clarity. These changes will also make
this section compatible with the latest version of 10 CFR §20.1208.
Section 336.315 is amended to be consistent with the latest version of
10 CFR §20.1501. Subsection (a)(2)(A) is amended by adding at the beginning
the words "magnitude and extent of" in front of "radiation levels" to clarify
the intended meaning that surveys should evaluate both the area covering the
dose field as well as the amount of dose in that area; and subsection (a)(2)(C)
is amended by deleting the unnecessary words "that could be present."
Section 336.316 is amended to make it consistent with the latest version
of 10 CFR §20.1502. In paragraph (1), the words "from licensed and unlicensed
radiation sources under the control of the licensee" are added after "exposure
to radiation" to improve clarity and to make it clear that, in determining
whether or not monitoring is required, a licensee need not take into account
sources of radiation not under its control. In paragraphs (1) and (2), the
criteria for monitoring minors and declared pregnant women in subparagraph
(B) are separated into two subparagraphs, (B) and new (C), and amended to
make them consistent with §336.312 and technically correct. The criteria
for monitoring the deep dose equivalent are changed for minors and declared
pregnant women from 0.05 rem to 0.1 rem. (Minor Corrections, Clarifying Changes,
and a Minor Policy Change, July 23, 1998 (63 FR 39478)). The 0.1 rem in a
year deep dose equivalent monitoring criterion is consistent with the public
dose limit and is more consistent with the measurement sensitivity of individual
monitoring devices. The NRC determined that the current criteria of 0.05 rem,
if received uniformly in a year or throughout the gestation period would result
in an average monthly dose of less than 0.005 rem, and that the most routinely
utilized monitoring devices cannot accurately measure doses below 0.01 rem,
which is greater than the average monthly dose of 0.005 rem. Changing the
criteria for monitoring does not, in any way, change the dose limits for declared
pregnant women, for the embryo/fetus, or for minors. This change constitutes
a small licensee burden reduction while maintaining the current adequate level
of protection of health and safety of minors and declared pregnant women.
Section 336.319 is amended by adding "decontamination" to the list of examples
of process or engineering controls that licensees should consider for controlling
the concentration of radioactive material in air. The NRC and the commission
intend that licensees consider decontamination, consistent with maintaining
total effective dose as low as reasonably achievable, to reduce resuspension
of radioactive material in the work places as a means of controlling internal
dose instead of using respirators. This amendment will make this section compatible
with the latest version of 10 CFR §20.1701.
Section 336.320 is amended to add a subsection (b) to the section. This
new subsection is added to clarify that if a licensee performs an as low as
reasonably achievable dose analysis to determine whether or not respirators
should be used, the licensee may consider safety factors other than radiological.
A reduction in the total effective dose equivalent for a worker is not reasonably
achievable if, in the licensee's judgment, an attendant increase in the worker's
industrial health and safety risk would exceed the benefit obtained by the
reduction in the radiation risk. The NRC's Regulatory Guide 8.15, "Acceptable
Programs for Respiratory Protection," and NUREG-0041, "Manual of Respiratory
Protection Against Airborne Radioactive Material" address how factors such
as heat, discomfort, reduced vision, etc., associated with respirator use,
might reduce efficiency or increase stress thereby increasing health risk.
The NRC and the commission expect that licensees will exercise judgment in
determining how non-radiological factors apply to selecting an appropriate
level of respiratory protection. This new subsection will make this section
compatible with the latest version of 10 CFR §20.1702.
Section 336.321 is amended to make it consistent with the latest version
of 10 CFR §20.1703 and §20.1705. This section states the requirements
for licensees who use respiratory protection equipment to limit intakes of
radioactive material. The use of a respirator is, by definition, intended
to limit intake of airborne radioactive materials, unless the device is clearly
and exclusively used for protection against non-radiological airborne hazards.
Whether or not credit is taken for the device in estimating doses, use of
the respiratory protection device to limit intake of radioactive material
and associated physiological stresses to the user activates the requirements
of §336.321. Thus, this section defines the minimum respiratory protection
program expected of any licensee who assigns or permits the use of respirators
to limit intake.
Section 336.321(a) is amended to change "licensee uses respiratory protection
equipment" to "licensee assigns or permits the use of respiratory equipment"
to make it clear when this sections applies. This subsection is also amended
to delete the reference to §336.320 because this language has been misinterpreted
at times to mean that an approved respiratory protection program is not needed
if respirators are used when concentrations of radioactive material in the
air are already below values that define an airborne radioactivity area. The
new language makes it clear that, if a licensee uses respiratory protection
equipment to limit intakes, the minimum requirements of this section are applicable.
In §336.321(a)(1), the language is amended to add the acronym "NIOSH"
and to delete "and the Mine Safety and Health Administration (NIOSH/MSHA)"
so that licensees are permitted to use only respirators certified by the National
Institute for Occupational Safety and Health.
Section 336.321(a)(2) is amended to delete "NIOSH/MSHA and has not had
certification extended by NIOSH/MSHA" because all existing extensions have
expired and no new extensions will be granted except for classes of respirators
certified under 42 CFR Part 84 and to be consistent with the previous deletion
of the Mine Safety and Health Administration as a respirator certifier. Also,
further clarification of the language is adopted, including deletion of "including
a demonstration by testing, or a demonstration on the basis of reliable test
information, that the material and performance characteristics of the equipment
are capable of providing the proposed degree of protection under anticipated
conditions of use" and addition of "The application must include evidence
that the material and performance characteristics of the equipment are capable
of providing the proposed degree of protection under anticipated conditions
of use. This must be demonstrated either by licensee testing or on the basis
of reliable test information."
In §336.321(a)(3)(A) - (E), minor editing is adopted. Subparagraph
(D) is amended to improve clarity, reorder priorities, and bring together
in one subparagraph all of the elements required in written procedures. Subparagraph
(E) is amended to clarify that the worker's medical evaluation for using non-face
sealing respirators occurs before the first field use, not before first fitting
(as required for tight fitting respirators) because fit testing is not needed
for these types.
Section 336.321(a)(3)(F) is added to require fit testing before first field
use of tight-fitting, face sealing respirators and periodically after the
first use. This new language clarifies when and how often fit testing is required.
The NRC and the commission require that the licensee specify a frequency of
retest in the procedures, that may not exceed one year. The new language also
specifies existing NRC staff guidance and ANSI recommendations regarding the
test "fit factors" that must be achieved to use the assigned protection factors
(APFs). Specifically, fit testing with "fit factors" greater than or equal
to ten times the APF is required for tight fitting, negative pressure devices.
A fit factor greater than or equal to 500 is required for all tight fitting
face pieces used with positive pressure, continuous flow, and pressure-demand
devices. ANSI recommended a fit factor of 100 for these devices, but OSHA
selected 500 to provide an additional safety margin. The NRC agrees with the
OSHA position and, in the interest of consistency, this fit factor is specified
as 500. This provision is intended to maintain a sufficient margin of safety
to accommodate the greater difficulty in maintaining a good "fit" under field
and work conditions as compared to fit test environments. It is important
to note that all tight fitting facepieces are to be fit tested in the negative
pressure mode regardless of the mode in which they will be used.
Section 336.321(a)(4) is deleted because it is not needed. All of the elements
that were required to be in the policy statement are already found in Subchapter
D and in the requirement for licensees to have and implement written procedures
in §336.321(3)(D).
Newly renumbered §336.321(a)(5) is clarified and expanded to emphasize
the existing requirements that provisions be made for vision correction, adequate
communications, and low- temperature work environments. A licensee is required
to account for the effects of adverse environmental conditions on the equipment
and the wearer. The NRC considers the inability of the respirator wearer to
read postings, to operate equipment and/or instrumentation, and to properly
identify hazards to be an unacceptable degradation of personnel safety. Also,
a requirement for licensees to consider low-temperature work environments
when selecting respiratory protection devices is added. The NRC believes that
this requirement is needed because the moisture from exhaled air when temperatures
are below freezing could cause the exhalation valve on negative pressure respirators
to freeze in the open position. The open valve would provide a pathway for
unfiltered air into the respirator inlet covering without the user being aware
of the malfunction. Lens fogging that reduces vision in a full facepiece respirator
is another problem that can be caused by low temperature. The reference to
adequate skin protection has been removed. The NRC does not consider skin
protection to be an appropriate reason for the use of respirators (with the
exception of air supplied suits). Limitation of skin dose is currently dealt
with elsewhere in the regulations (in §336.305). It may be inconsistent
with maintaining the dose as low as reasonably achievable to use tight fitting
respirators solely to prevent facial contamination. Other protective measures
such as the use of faceshields instead of respirators or decontamination should
be considered.
Section 336.321(b) is amended by deleting existing obsolete language in
subsection (b)(1), by moving the language in subsection (b)(2) to new subsection
(f), and by adding a new requirement for standby rescue persons. This new
language requires standby rescue persons to be present whenever one-piece
atmosphere-supplying suits, or any other combination of supplied air respirator
device and protective equipment is used that is difficult for the wearer to
take off without assistance. Standby rescue persons would also need to be
in continuous communication with the workers, be equipped with appropriate
protective clothing and devices and be immediately available to provide needed
assistance if the air supply fails. Without continuous air supply, unconsciousness
can occur within seconds to minutes.
Section 336.321(c) is amended by deleting existing obsolete language and
adding new language. The new language specifies the minimum quality of supplied
breathing air, as defined by the Compressed Gas Association (CGA) in their
publication G-7.1, "Commodity Specification for Air," 1997, that must be provided
whenever atmosphere-supplying respirators are used. This change, which recognizes
the CGA recommendations for air quality, was initiated by NIOSH and endorsed
by ANSI. The quantity of air supplied, as a function of air pressure or flow
rate, would be specified in the NIOSH approval certificate for each particular
device and is not addressed in the rule.
Section 336.321(d) is amended by deleting existing obsolete language and
adding new language. The new language prohibits the use of respirators whenever
any objects, materials, or substances such as facial hair, or any other conditions
interfere with the seal of the respirator. The intent of this provision is
to prevent the presence of facial hair, cosmetics, spectacle earpieces, surgeon's
caps, and other things from interfering with the respirator seal, exhalation
valves, and/or proper operation of the respirator.
New §336.321(e) is amended to provide the provisions for changing
intake estimates if later, more accurate measurements show that intake was
greater or less than initially estimated. Protection factors for use in these
calculations are specified in §336.358 (relating to Appendix A. Assigned
Protection Factors for Respirators).
New §336.321(f) is amended to contain language moved from deleted §336.321(b)(2)
with slight modification, such as changing "commission" to "executive director."
This amendment provides compatibility with NRC regulations in 10 CFR §20.1705
in that the authorization for a licensee to assign respiratory protection
factors in excess of those specified in §336.358 does not require an
amendment of the license. The amendment clarifies that the authorization may
be approved by the executive director. The licensee may file with the chief
clerk a motion to overturn, under §50.139(b) - (g) of this title (relating
to Motion to Overturn Executive Director's Decision), of the executive director's
decision on an application for authorization to use higher assigned protection
factors.
Section 336.322(1) is amended to clarify that the commission will use "keeping
doses as low as reasonably achievable" considerations in any additional restrictions
imposed by the commission on the use of respiratory protection equipment for
the purpose of limiting exposures of individuals to airborne radioactive materials.
This amendment will also make this section consistent with the latest version
of 10 CFR §20.1704.
Section 336.335 is amended to make it consistent with the latest version
of 10 CFR §20.2202. Subsections (a)(1)(B) and (b)(1)(B) are amended by
changing "eye dose equivalent" to "lens dose equivalent" to be consistent
with previous similar changes.
Section 336.341 is amended to make it consistent with the latest version
of 10 CFR §20.2101. A new subsection (b) is added to permit licensees
to add the new International System of Units (SI) units to the old (special)
units of dose on records required by this chapter. Each of the recorded dose
quantities is to be recorded in the appropriate special unit and, if so desired,
followed by the appropriate SI unit in parentheses. Also, in newly designated
subsection (d), "eye dose equivalent" is replaced by "lens dose equivalent"
to be consistent with previous similar changes. Subsequent subsections are
renumbered to account for the addition of the new subsection and in new subsection
(c) the SI acronym is now used rather than first defining the SI acronym here.
Section 336.346 is amended to make it consistent with the latest version
of 10 CFR §20.2106. In subsection (a)(1), "eye dose equivalent" is changed
to "lens dose equivalent" to be consistent with previous similar changes.
Also, in subsection (a)(2) and (3), the words "or body burden" are deleted
because this expression is now obsolete. Subsection (a)(4) is amended by adding
a reference to §336.308(a), that requires licensees to take measurements
of: 1.) concentrations of radioactive materials in air in work areas; or 2.)
quantities of radionuclides in the body; or 3.) quantities of radionuclides
excreted from the body; or 4.) combinations of these measurements to determine
internal dose. This, in effect, uses recorded concentrations of radioactive
material in the air, quantities of radioactive material determined to be in
the body or excreta, or any combination of these that would be needed, for
assessing the committed effective dose equivalent (CEDE). The NRC believes
that this information is necessary to support the recorded results of the
licensee's calculation of CEDE. Adding this reference would not impose any
additional record keeping burden on licensees because they are required to
obtain this information to calculate CEDE under §336.308. Section 336.316
is added as a reference to indicate when assessment of committed effective
dose is required.
Section 336.358 is amended to make it consistent with the latest version
of 10 CFR Part 20, Appendix A. The title is amended to add "Assigned" before
"Protection Factors." A new version of the figure contained in §336.358,
Appendix A, which has been modified extensively, is substituted for the old
version. In the new figure, new devices are recognized, assigned protection
factors are revised to be consistent with current ANSI guidance and technical
knowledge, and the footnotes to Appendix A are moved elsewhere in the rule,
deleted, revised, or adjusted so that only those necessary to explain the
table remain.
Section 336.359 title is amended by adding a period after "Appendix B"
for punctuation consistency throughout the chapter. Subsection (d) is amended
to update the cross-reference to §336.333 to §336.215 because the
requirements in §336.333 were moved to §336.215 in a previous rulemaking.
Subchapter G, Decommissioning Standards
Section 336.611 is amended to update the reference to §39.313 to §39.713
because §39.313 was repealed in a previous rulemaking and its requirements
moved to §39.713.
Subchapter I, Financial Assurance
Subchapter I is repealed because its requirements were moved to Chapter
37, Subchapters S and T in a previous rulemaking.
FINAL REGULATORY IMPACT ANALYSIS DETERMINATION
The commission reviewed the adopted rulemaking in light of the regulatory
analysis requirements of Texas Government Code, §2001.0225, and determined
that the rulemaking is not subject to §2001.0225 because it does not
meet the definition of a "major environmental rule" as defined in the act.
"Major environmental rule" means a rule, the specific intent of which, is
to protect the environment or reduce risks to human health from environmental
exposure and that may adversely affect in a material way the economy, a sector
of the economy, productivity, competition, jobs, the environment, or the public
health and safety of the state or a sector of the state. The adopted amendments
to Chapter 336 are not anticipated to adversely affect in a material way the
economy, a sector of the economy, productivity, competition, jobs, the environment,
or the public health and safety of the state or a sector of the state because
there were no significant requirements added to radioactive material disposal
facilities. The adopted rulemaking maintains consistency with NRC requirements
and provides clarity to existing rules by updating cross-references and deleting
obsolete financial assurance provisions.
Furthermore, the adopted rulemaking does not meet any of the four applicability
requirements listed in Texas Government Code, §2001.0225(a). Section
2001.0225 only applies to a major environmental rule, the result of which
is to: 1.) exceed a standard set by federal law, unless the rule is specifically
required by state law; 2.) exceed an express requirement of state law, unless
the rule is specifically required by federal law; 3.) exceed a requirement
of a delegation agreement or contract between the state and an agency or representative
of the federal government to implement a state and federal program; or 4.)
adopt a rule solely under the general powers of the agency instead of under
a specific state law. The adopted rulemaking does not exceed a standard set
by federal law, an express requirement of state law, a requirement of a delegation
agreement, nor adopt a rule solely under the general powers of the agency.
The Texas Health and Safety Code (THSC), Texas Radiation Control Act (TRCA),
Chapter 401, authorizes the commission to regulate the disposal of most radioactive
material in Texas. Sections 401.051, 401.103, and 401.104 authorize the commission
to adopt rules for the control of sources of radiation and the licensing of
the disposal of radioactive materials. In addition, the state of Texas is
an Agreement State, authorized by the NRC to administer a radiation control
program under the AEA. The NRC requirements must be implemented by the commission
to preserve the status as an Agreement State. The commission believes that
the adopted rules do not exceed the standards set by federal law. The adopted
rulemaking clarifies existing rules, implements changes in federal respiratory
protection requirements, and modifies threshold monitoring requirements for
minors and declared pregnant women.
The commission believes that the adopted rules do not exceed an express
requirement of state law. The THSC, TRCA, Chapter 401, establishes general
requirements for the licensing and disposal of radioactive materials. However,
the TRCA does not provide specific requirements or technical limitations for
respiratory protection or threshold monitoring requirements.
The commission has also determined that the adopted rules do not exceed
a requirement of a delegation agreement or contract between the state and
an agency of the federal government. The State of Texas has been designated
as an Agreement State by the Nuclear Regulatory Commission under the authority
of the AEA. The AEA requires that the NRC find that the state radiation control
program is compatible with the NRC's requirements for the regulation of radioactive
materials and is adequate to protect health and safety. The commission believes
that the adopted rules do not exceed the NRC's requirements nor exceed the
requirements for retaining status as an Agreement State.
The commission also believes that these rules are adopted under specific
authority of the THSC, TRCA, Chapter 401. Sections 401.051, 401.103, and 401.104
authorize the commission to adopt rules for the control of sources of radiation
and the licensing of the disposal of radioactive materials.
The commission invited public comment on this regulatory impact determination;
however, no public comments were received.
TAKINGS IMPACT ASSESSMENT
The commission evaluated these adopted rules and performed a final assessment
of whether Texas Government Code, Chapter 2007 is applicable. The commission's
final assessment indicates that Texas Government Code, Chapter 2007 does not
apply to these adopted rules because this is an action that is reasonably
taken to fulfill an obligation mandated by federal law, which is exempt under
Texas Government Code, §2007.003(b)(4). The State of Texas has received
authorization as an Agreement State from the NRC to administer a radiation
control program under the AEA. The AEA requires the NRC to find that the state's
program is compatible with NRC requirements for the regulation of radioactive
materials and is adequate to protect health and safety. The adopted rulemaking
will provide consistency with federal regulations.
Nevertheless, the commission further evaluated these adopted rules and
performed a final assessment of whether these adopted rules constitute a taking
under Texas Government Code, Chapter 2007. The following is a summary of that
evaluation and final assessment. The primary purpose of these adopted rules
is to implement changes to federal requirements for the regulation and licensing
of radioactive material. The adopted rules substantially advance this purpose
by clarifying existing rules, implementing new federal requirements for respiratory
protection, and modifying threshold monitoring requirements for minors and
declared pregnant women.
Promulgation and enforcement of these adopted rules would be neither a
statutory nor a constitutional taking of private real property. The subject
adopted regulations do not affect a landowner's rights in private real property
because this rulemaking does not burden (constitutionally), nor restrict or
limit, the owner's right to property and reduce its value by 25% or more beyond
which would otherwise exist in the absence of the regulations. The adopted
rules primarily implement clarifications to existing rules. In addition, the
adopted rules reduce burdens on licensees for respiratory protection and threshold
monitoring requirements.
COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEW
The commission has reviewed the adopted rulemaking and found that the rules
are neither identified in Coastal Coordination Act Implementation Rules, 31
TAC §505.11, relating to Actions and Rules Subject to the Texas Coastal
Management Program (CMP), nor will they affect any action/authorization identified
in Coastal Coordination Act Implementation Rules, 31 TAC §505.11. Therefore,
the adoption is not subject to the CMP.
HEARING AND COMMENTERS
No public hearing was held on this rulemaking; therefore, no oral comments
were received. Also, no written comments were received. Further, the NRC has
reviewed the proposal and has informed staff, by letter dated March 5, 2001,
that if the proposed regulations are adopted without significant change, they
would meet the NRC's compatibility and health and safety requirements.
Subchapter A. GENERAL PROVISIONS
30 TAC §336.2
STATUTORY AUTHORITY
The amendment is adopted under the THSC, TRCA, Chapter 401; THSC, §401.011,
which provides the commission the authority to regulate and license the disposal
of radioactive substances; §401.051, which authorizes the commission
to adopt rules and guidelines relating to control of sources of radiation; §401.103,
which authorizes the commission to adopt rules and guidelines that provide
for licensing and registration for the control of sources of radiation; §401.104,
which requires the commission to provide rules for licensing for the disposal
of radioactive material; §401.201, which provides authority to the commission
to regulate the disposal of low-level radioactive waste; and §401.412,
which provides authority to the commission to regulate licenses for the disposal
of radioactive substances. The adopted amendment is also authorized by the
TWC, §5.103, which provides the commission with the authority to adopt
rules necessary to carry out its powers and duties under the TWC and other
laws of the state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 10, 2001.
TRD-200104632
Ramon Dasch
Interim Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Effective date: August 30, 2001
Proposal publication date: June 8, 2001
For further information, please call: (512) 239-6087
30 TAC §§336.305, 336.307, 336.310, 336.312, 336.315, 336.316, 336.319 - 336.322, 336.335, 336.341, 336.346, 336.358, 336.359
STATUTORY AUTHORITY
The amendments are adopted under the THSC, TRCA, Chapter 401; THSC, §401.011,
which provides the commission the authority to regulate and license the disposal
of radioactive substances; §401.051, which authorizes the commission
to adopt rules and guidelines relating to control of sources of radiation; §401.103,
which authorizes the commission to adopt rules and guidelines that provide
for licensing and registration for the control of sources of radiation; §401.104,
which requires the commission to provide rules for licensing for the disposal
of radioactive material; §401.201, which provides authority to the commission
to regulate the disposal of low-level radioactive waste; and §401.412,
which provides authority to the commission to regulate licenses for the disposal
of radioactive substances. The adopted amendments are also authorized by the
TWC, §5.103, which provides the commission with the authority to adopt
rules necessary to carry out its powers and duties under the TWC and other
laws of the state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 10, 2001.
TRD-200104630
Ramon Dasch
Interim Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Effective date: August 30, 2001
Proposal publication date: June 8, 2001
For further information, please call: (512) 239-6087
Chapter 115.
CONTROL OF AIR POLLUTION FROM VOLATILE ORGANIC COMPOUNDS
Subchapter D. PETROLEUM REFINING, NATURAL GAS PROCESSING, AND PETROCHEMICAL PROCESSES
Subchapter E. SOLVENT-USING PROCESS
2.
SURFACE COATING PROCESSES
3.
FLEXOGRAPHIC AND ROTOGRAVURE PRINTING
4.
OFFSET LITHOGRAPHIC PRINTING
Subchapter F. MISCELLANEOUS INDUSTRIAL SOURCES
Chapter 336.
RADIOACTIVE SUBSTANCE RULES
Subchapter D. STANDARDS FOR PROTECTION AGAINST RADIATION
Subchapter G. DECOMMISSIONING STANDARDS