30 TAC §343.1, §343.2
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Natural Resource Conservation Commission or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Natural Resource Conservation Commission
(commission) proposes the repeal of Chapter 343, Oil and Hazardous Substances, §343.1,
Definitions, and §343.2, Permit Exemption for Emergency Cleanup Activities.
As published in the Rules Review section of this issue of the
Texas Register
, the commission is also proposing the review of this
chapter in accordance with the requirements of Texas Government Code, §2001.039,
and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature,
1999. The commission has made a preliminary assessment under its review of
the rules in Chapter 343 that the reason for the rules no longer continue
to exist, inasmuch as the rules have been superseded by rules in Chapter 327.
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE PROPOSED REPEALS
Chapter 343 was adopted by the Texas Department of Water Resources (predecessor
agency of the commission) with an effective date of February 17, 1978, to
implement the Texas Oil and Hazardous Substances Spill Prevention and Control
Act of 1977. In 1983, the 68th Legislature amended the provisions of the Texas
Oil and Hazardous Substances Spill Prevention and Control Act of 1977 and
redesignated the act as the Texas Hazardous Substances Spill Prevention and
Control Act. No changes were made to Chapter 343 as a result of the amended
act. However, Chapter 327, Spill Prevention and Control, was later adopted
to implement the Texas Hazardous Substances Spill Prevention and Control Act
and it included the rules in Chapter 343, updated to conform with the amended
act, thus rendering Chapter 343 obsolete.
SECTION BY SECTION DISCUSSION
Chapter 343 consists of only two sections. Section 343.1 provides a definition
of hazardous substances. Section 343.2 provides permit exemptions for emergency
cleanup activities as a means of establishing immediate and necessary control,
containment, removal, and disposal of oil or hazardous substances spills or
discharges within coastal lands or waters in the state. The section applies
to such spills or discharges where delay necessitated by obtaining commission
authorization would seriously impair efforts to prevent the imminent or substantial
endangerment to health or the environment. The exemptions apply if the cleanup
activities are conducted under the supervision of the executive director or
his designated representative. The section requires that the executive director
file a report with the commission within 60 days of completion of the disposal
activities. The commission is then required to hold a public hearing to determine
if the disposal has created or will cause an adverse effect on the waters
in the state or an impairment of the health, welfare, and physical property
of the people in the state.
FISCAL NOTE: COSTS TO STATE AND LOCAL GOVERNMENT
John Davis, Technical Specialist with Strategic Planning and Appropriations,
has determined that for the first five-year period the proposed repeals are
in effect, there will be no significant fiscal implications for units of state
and local government as a result of the proposed repeals. The proposal would
repeal Chapter 343, Oil and Hazardous Substances, which has been superseded
by updated rules in Chapter 327, Spill Prevention and Control.
The commission has reviewed the continued need for Chapter 343 and has
determined that the provisions within this chapter are no longer used or required.
These provisions were originally adopted to provide for the expedited response
to oil or hazardous substance spills or discharges occurring within coastal
lands or waters within Texas through implementation of certain provisions
in the Texas Oil and Hazardous Substances Spill Prevention and Control Act.
However, that act was superseded by the Texas Hazardous Substances Spill Prevention
and Control Act, which is implemented by updated provisions within Chapter
327.
Facilities that were affected by Chapter 343 rules included ships, tanker
trucks, pipelines, chemical plants, and refineries that caused spills into
coastal lands and waters. The commission anticipates no significant fiscal
implications to units of state and local government due to the proposed repeal
of Chapter 343.
PUBLIC BENEFIT AND COSTS
Mr. Davis also has determined that for each year of the first five years
the proposed repeals are in effect, the public benefit anticipated from the
proposed repeals would be the elimination of unused rules contained in Chapter
343, and continued environmental protection through the enforcement of the
more current Chapter 327 rules.
The proposal would repeal Chapter 343, which provided for the expedited
response to oil or hazardous substance spills or discharges occurring within
coastal lands or waters within Texas. Facilities that were affected by Chapter
343 rules included ships, tanker trucks, pipelines, chemical plants, and refineries
that caused spills into coastal lands and waters. The commission anticipates
no significant fiscal implications to individuals and businesses due to the
proposed repeal of Chapter 343.
SMALL BUSINESS AND MICRO-BUSINESS ASSESSMENT
No adverse economic effects are anticipated to any small or micro-businesses
as a result of implementing the proposed repeals because the elimination of
obsolete and unused rules is an administrative action that has no fiscal impact
to any small or micro-businesses. There are no known small or micro-businesses
that would be adversely affected by the proposed repeals.
The proposal would repeal Chapter 343, which provided for the expedited
response to oil or hazardous substance spills or discharges occurring within
coastal lands or waters within Texas. Facilities that were affected by Chapter
343 rules included ships, tanker trucks, pipelines, chemical plants, and refineries
that caused spills into coastal lands and waters. The commission anticipates
no significant fiscal implications to small or micro-businesses due to the
proposed repeal of Chapter 343.
DRAFT REGULATORY IMPACT ANALYSIS DETERMINATION
The commission has reviewed the proposed rulemaking in light of the regulatory
analysis requirements of Texas Government Code, §2001.0225, and has 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 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, 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 proposal 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. Instead, the rulemaking is intended
to repeal Chapter 343 which consists of obsolete and unused rules which have
been superseded by other rules adopted by the commission in Chapter 327.
TAKINGS IMPACT ASSESSMENT
The commission has prepared a takings impact assessment for this proposed
repeal of rules pursuant to Texas Government Code, §2007.043. The following
is a summary of that assessment. The specific purpose of this rulemaking is
to repeal Chapter 343 which consists of obsolete and unused rules which have
been superseded by other rules adopted by the commission in Chapter 327. The
repeal of these rules will not burden private real property which is the subject
of the rules because these rules are obsolete and are not being used by the
commission since they have been superseded by other rules.
CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM
The commission has reviewed the rulemaking and found that the rules proposed
for repeal are neither identified in the Coastal Coordination Act Implementation
Rules, 31 TAC §505.11, relating to Actions and Rules Subject to the Texas
Coastal Management Program (CMP) nor do they affect any action or authorization
identified in the Coastal Coordination Act Implementation Rules, §505.11.
This proposed rulemaking concerns only the repeal of obsolete and unused
rules of the commission. Therefore, the rulemaking is not subject to the CMP.
SUBMITTAL OF COMMENTS
Comments may be submitted to Angela Slupe, Office of Environmental Policy,
Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087
or faxed to (512) 239-4808. All comments should reference Rule Log Number
2001-011-343-WS. Comments must be received by 5:00 p.m., April 23, 2001. For
further information or questions concerning this proposal, please contact
Hector Mendieta, Policy and Regulations Division, (512) 239-6694.
STATUTORY AUTHORITY
The repeals are proposed under the Texas Water Code (TWC), §5.102,
which provides the commission with the general powers to carry out its duties
under the TWC, and §5.103, which provides the commission with the authority
to adopt any rules necessary to carry out the powers and the duties under
the provisions of the TWC and other laws of this state. The repeals are proposed
as a result of a rule review done in accordance with the requirements of Texas
Government Code, §2001.039; and the General Appropriations Act, Article
IX, §9-10.13, 76th Legislature, 1999, which require state agencies to
review and consider for readoption each of their rules every four years.
No other codes, rules, or statutes will be affected by this proposal.
§343.1.Definitions.
§343.2.Permit Exemption for Emergency Cleanup Activities.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on March 9, 2001.
TRD-200101445
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: April 23, 2001
For further information, please call: (512) 239-4712