Agency Rule Review Plan
Texas Department of Insurance
Title 28, Part 1
Filed: March 28, 2002
Texas Department of Banking
Title 7, Part 2
The Texas Department of Banking, on behalf of the Finance Commission of
Texas (commission), files this notice of intention to review Texas Administrative
Code, Title 7, Chapter 21 (Trust Company Corporate Activities), specifically
Subchapters E and F, comprised of §21.51, concerning Change of Control;
and §§21.61-21.62, concerning Application for Merger, Conversion,
or Sale of Assets.
The commission undertakes its review of these rules pursuant to Government
Code, §2001.039. The department will accept comments for 30 days following
the publication of this notice in the
Texas Register
as to whether the reasons for adopting the sections under review continue
to exist.
Any questions or written comments pertaining to this notice of intention
to review should be directed to Robin Robinson, Assistant General Counsel,
Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705,
or by email to robin.robinson@banking.state.tx.us. Any changes to rules proposed
as a result of the review will be published in the Proposed Rules Section
of the
Texas Register
and will be open for
a separate 30-day comment period prior to final adoption or repeal by the
commission.
TRD-200202057
Everette D. Jobe
Certifying Official
Texas Department of Banking
Filed: April 1, 2002
Title 28, Part 1
The Texas Department of Insurance will review and consider for readoption,
revision or repeal all sections of the following chapters of Title 28, Part
1 of the Texas Administrative Code, in accordance with the Texas Government
Code, §2001.039: Chapter 1, General Administration; Chapter 5, Property
and Casualty Insurance; Chapter 7, Corporate Financial Regulation; Chapter
8, Early Warning System for Insurers in Hazardous Condition; Chapter 9, Title
Insurance; Chapter 11, Health Maintenance Organizations; Chapter 13, Miscellaneous
Insurance; Chapter 15, Surplus Lines Insurance; Chapter 19, Agents Licensing;
Chapter 21, Trade Practices; Chapter 23, Prepaid Legal Service; and, Chapter
26, Small Employer Health Insurance Regulations. The Texas Department of Insurance
notes with regard to Chapter 19, Agents Licensing, that as a result of changes
to licensing statutes enacted by the 77th Texas Legislature, in addition to
and separate from this rule review process, Chapter 19, Agents Licensing,
is undergoing review and revision to address changes necessitated by recent
legislation.
The Texas Department of Insurance will consider, among other things, whether
the reasons for adoption of these rules continue to exist. Any proposed revisions
or repeals identified during the review of these rules will be proposed and
published in the Texas Register in accordance with the Administrative Procedure
Act, Texas Government Code, Chapter 2001.
To be considered, written comments on the review of these rules must be
submitted no later than 5:00 p.m. on May 13, 2002, to Lynda H. Nesenholtz,
General Counsel and Chief Clerk, P.O. Box 149104, MC 113-2A, Austin, Texas
78714-9104. An additional copy of comments should be sent to Ann Bright, Section
Chief, Agency Counsel Section, Legal and Compliance Division, P.O. Box 149104,
MC 110-1A, Austin, Texas 78714-9104.
TRD-200201952
Lynda H. Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: March 28, 2002
Title 30, Part 1
The Texas Natural Resource Conservation Commission (commission) files this
notice of intention to review and proposes the readoption of Chapter 116,
Control of Air Pollution by Permits for New Construction or Modification.
This review of Chapter 116 is proposed in accordance with the requirements
of Texas Government Code, §2001.039, added by Acts 1999, 76th Legislature,
Chapter 1499, §1.11(a), which requires state agencies to review and consider
for readoption each of their rules every four years. The review must include
an assessment of whether the reasons for the rules continue to exist. Any
identified updates, consistency issues, or other needed changes will be addressed
in a separate rulemaking.
CHAPTER SUMMARY
Chapter 116 requires preconstruction authorization to be obtained prior
to construction or modification of a facility which may emit air contaminants
into the air of Texas. Chapter 116 consists of ten subchapters: Subchapter
A, Definitions; Subchapter B, New Source Review Permits; Subchapter C, Hazardous
Air Pollutants: Regulations Governing Constructed or Reconstructed Major Sources
(FCAA §112(G), 40 CFR Part 63); Subchapter D, Permit Renewals; Subchapter
E, Emergency Orders; Subchapter F, Standard Permits; Subchapter G, Flexible
Permits; Subchapter H, Voluntary Emission Reduction Permits; Subchapter I,
Electric Generating Facilities; and Subchapter J, Multiple Plant Permits.
Subchapter A, Definitions, contains definitions used in this chapter.
Subchapter B, New Source Review Permits, contains provisions addressing:
applicability, permit applications; general and special conditions; compliance
provisions; compliance history; public notification and comment procedures;
permit fees; nonattainment review; prevention of significant deterioration
review; and emission reductions offsets.
Subchapter C, Hazardous Air Pollutants: Regulations Governing Constructed
or Reconstructed Major sources (FCAA §112(G), 40 CFR Part 63), provides
requirements for applicability, exclusions, and application and public notice
requirements.
Subchapter D, Permit Renewals, provides requirements for notification of
permit holder, permit renewal application, public notification and comment
procedures, renewal application fees, and review schedule.
Subchapter E, Emergency Orders, provides for applicability of emergency
orders.
Subchapter F, Standard Permits, provides requirements: for types of standard
permits; issuance of standard permits; public participation in issuance of
standard permits; duration and renewal of registrations to use standard permits;
standard permit amendment and revocation; delegation; applicability; registration
to use a standard permit; standard permit fees; general conditions; standard
permits for pollution control projects; installation and/or modification of
oil and gas facilities; and municipal solid waste landfills.
Subchapter G, Flexible Permits, provides requirements: for applicability;
flexible permit application; application review schedule; general and special
conditions; emission caps and individual emission limitations; implementation
schedule for additional controls; significant emission increase; limitation
on physical and operational changes; amendments and alterations; distance
limitations; compliance history; public notice and comment; flexible permit
fee; and flexible permit renewal.
Subchapter H, Voluntary Emission Reduction Permits, provides requirements:
for eligibility; voluntary emission reduction permit (applications; project
emission reduction credits; application review schedule; general and special
conditions; deferral of emission reductions; modifications; public participation
for initial issuance; notice and comment hearings for initial issuance; notice
of final action; voluntary emission reduction permit application fee; voluntary
emission reduction permit renewal; and delegation.
Subchapter I, Electric Generating Facilities, provides requirements: for
applicability; electric generating facility (EGF) permit applications; general
and special conditions; emissions monitoring and reporting requirements; permits
for grandfathered and electing EGFs in El Paso County; public participation
for initial issuance; notice and comment hearings for initial issuance; notice
of final action; modifications; and renewal.
Subchapter J, Multiple Plant Permits, provides requirements: for applicability;
multiple plant permit (MPP) applications; application review schedule; general
and special conditions; modifications; amendments and alterations; MPP public
notice; MPP public comment procedures; MPP application fee; MPP renewal; and
delegation.
PRELIMINARY ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO
EXIST
The commission conducted a preliminary review and determined that the reasons
for Chapter 116 continue to exist. Chapter 116 implements critical provisions
of the Texas Health and Safety Code (THSC), Texas Clean Air Act (TCAA), Chapter
382, as well as 42 United States Code, §§7401 - 7671q, the Federal
Clean Air Act (FCAA). Chapter 116 implements the commission's objectives to
protect air quality through preconstruction review authorizations by providing
procedures for action on any application for a permit for construction or
modification or renewal of a permit for a facility that will emit air contaminants
into the air of the state. Chapter 116 was originally adopted April 21, 1971,
and has been amended to address changes to various state and federal statutes
and federal regulations.
Chapter 116 was adopted and amended under THSC, TCAA, §382.017 concerning
Rules and §382.051 concerning Permitting Authority of Commission.
Specifically, Chapter 116 implements THSC, TCAA, including §382.012,
which provides for the state air control plan; §§382.015 - 382.017,
which provide for the power to enter property; require monitoring, examine
records, and the authority to adopt rules consistent with the policy and purposes
of the TCAA; §382.021 and §382.022, which provide for sampling methods
and procedures for sampling, and investigations; §§382.022 - 382.0205,
which provide the commission authority to protect against adverse effects
related to acid deposition; §§382.023 - 382.026, relating to agency
orders and emergencies; §382.0365, relating to the small business stationary
source assistance program; §382.040 and §382.041, which provide
for public records and submission of confidential information; §382.051,
which provides the commission the authority to issue air permits and adopt
rules as necessary to comply with changes in federal law or regulations applicable
to permits; §382.05101, which provides the commission authority to develop
criteria or rules for de minimis air contaminants; §382.0511, which provides
the commission authority to consolidate permits; §382.0512, relating
to modification of an existing facility; §§382.0513 - 382.0515 and
382.0517, which provide authority for the commission to establish and enforce
permit conditions, require sampling and monitoring, require permit applications,
and determine administrative completeness of applications; §§382.0518
- 382.05196, 382.052 and 382.053, which provide for preconstruction permits;
voluntary emissions reduction permits requirements, emission reduction, multiple
plant permits, standard permits, and permits by rule, permits to construct
or modify facility within 3,000 feet of school and prohibitions on issuance
of construction permit for lead smelting plants at certain locations; §382.055,
relating to review and renewal of preconstruction permits; §382.056,
which provides for notice of intent to obtain a permit or permit review and
provides for permit hearings; §382.057 and §382.058, relating to
exemptions; §382.058, relating to construction of certain concrete plants; §382.061,
which provides for delegation of powers and duties under §§382.051
- 382.0563; §382.062, which provides for application, permit and inspection
fees; and under Texas Water Code (TWC), including §5.103, which provides
the commission with the authority to adopt rules consistent with the policy
and purposes of TWC and other laws of this state; §5.105, which provides
the commission with the authority to establish and approve commission policy;
and §5.122, which provides delegation of uncontested matters to the executive
director. Section 116.112, Distance Limitations, implements the statutory
provisions in the Texas Solid Waste Disposal Act, §361.102, concerning
Prohibition on Permit for Hazardous Waste Management Facilities Within a Certain
Distance of Residence, Church, School, Day Care Center, Park, or Public Drinking
Water Supply.
Chapter 116 implements sections of Title I, Part A of the FCAA that relate
to preconstruction permitting and establishment of enforceable emission limits,
which includes, but is not limited to, FCAA, §110(a)(2)(A) and (C). In
addition, Subchapter C implements the requirements of Title I, Part A of the
1990 FCAA, §112(g), as set forth in 40 Code of Federal Regulations (CFR)
Part 63, §§63.40 - 63.44, concerning Hazardous Air Pollutants: Regulations
Governing Constructed or Reconstructed Major Sources, Subpart B, Requirements
for Control Technology (§112(g)). In proposing Chapter 116, Subchapter
C, the executive director certified that the proposed §112(g) program
under Chapter 116 satisfied all applicable requirements established by 40
CFR §§63.40 - 63.44.
More specifically, Subchapter A, Division 5, Nonattainment Review, implements
FCAA, Title I, Part D, Plan Requirements for Nonattainment Areas, including,
but not limited to, §173, Permit Requirements. Subchapter A, Division
6, Prevention of Significant Deterioration implements FCAA, Title I, Part
C, Prevention of Significant Deterioration of Air Quality, including, but
not limited to, §165, Preconstruction Requirements and §167, Enforcement.
Chapter 116 also implements 40 CFR Part 51, Subpart I, Review of New Sources
and Modifications; §51.165, Permit Requirements; and §51.166, Prevention
of Significant Deterioration of Air Quality and the sections of 40 CFR Part
52, Subpart SS, Texas Implementation Plans, relating to preconstruction permitting
and/or specific references to Chapter 116. Section 116.115 implements TCAA, §382.003
requirements for modifications and changes to permitted facilities.
In addition, Chapter 116 provides a compliance and enforcement mechanism
for federal rules including, but not limited to: 40 CFR Part 51, Requirements
for Preparation, Adoption, and Submittal of Implementation Plans; 40 CFR Part
52, Approval and Promulgation of Implementation Plans; 40 CFR Part 59, National
Volatile Organic Compound Emission Standards for Consumer and Commercial Products;
40 CFR Part 60, Standards of Performance for New Stationary Sources (NSPS);
40 CFR Part 61, National Emission Standards for Hazardous Air Pollutants (NESHAPS);
and 40 CFR Part 63, National Emission Standards for Hazardous Air Pollutants
(HAPs) for Source Categories.
PUBLIC COMMENT
This proposal is limited to the review in accordance with the requirements
of Texas Government Code, §2001.039. The commission invites public comment
on whether the reasons for the rules in Chapter 116 continue to exist. 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 2002-002-116-AI.
Comments must be received in writing by 5:00 p.m., May 13, 2002. For further
information or questions concerning this proposal, please contact Auburn Mitchell,
Policy and Regulations Division, at (512) 239-1873.
TRD-200202100
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: April 2, 2002
The Texas Natural Resource Conservation Commission (commission) files this
notice of intention to review and proposes the readoption of Chapter 290,
Public Drinking Water.
This review of Chapter 290 is proposed in accordance with the requirements
of Texas Government Code, §2001.039, added by Acts 1999, 76th Legislature,
Chapter 1499, §1.11(a), which requires state agencies to review and consider
for readoption each of their rules every four years. The review must include
an assessment of whether the reasons for the rules continue to exist.
CHAPTER SUMMARY
The rules in Subchapters D - F and H of Chapter 290 are necessary to protect
the public health and welfare by assuring the microbiological, chemical, and
radiological quality of public water supplies; assuring an adequate quantity
of drinking water; assuring that new systems are financially stable and technically
sound; establishing fees for these services; and assuring minimum acceptable
operating practices for public water systems. Specifically, Subchapters D
- F and H set forth the requirements for water treatment plant design, operation,
and maintenance; establish fees for services provided by the commission to
public water systems; identify standards regarding drinking water quality
and monitoring and reporting requirements; and provide the minimum requirements
for the content of annual consumer confidence reports.
Chapter 290, Subchapter G, establishes water saving performance standards
and labeling requirements for plumbing fixtures. Specifically, Subchapter
G is needed to establish procedures for listing plumbing fixtures meeting
water saving performance standards; to establish labeling requirements for
plumbing fixtures; to establish labeling requirements for clothes washing
and dishwashing machines and lawn sprinklers; and to provide for fees and
penalties.
PRELIMINARY ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO
EXIST
The commission conducted a preliminary review of the rules under Chapter
290, Subchapters D - F and H, and determined that the reasons for the rules
in Chapter 290, Subchapters D - F and H continue to exist. The rules in Chapter
290 implement the provisions in Texas Health and Safety Code (THSC), Chapter
341, Subchapter C, including THSC, §341.031, which allows the commission
to adopt and enforce rules to implement the federal Safe Water Drinking Act;
THSC, §341.0315, which provides the commission the authority to ensure
that public drinking water supply systems supply safe drinking water; THSC, §341.034,
which requires the commission to adopt rules establishing classes of certificates,
duration of certificates, and fees; THSC, §341.035, which requires the
executive director to approve a business plan and the plans and specifications
for a system before a person may begin construction of a public drinking water
supply system; and THSC, §341.041, which allows the commission to charge
fees to a person who owns, operates, or maintains a public drinking water
supply system.
The commission conducted a preliminary review of the rules in Chapter 290,
Subchapter G and determined that the reasons for the rules in Chapter 290,
Subchapter G continue to exist. These rules implement the provisions in THSC,
Chapter 372 including THSC, §372.002, which requires the commission to
maintain a current list of plumbing fixtures that are certified to the commission
by the manufacturer or importer to meet the water saving performance standards
established by THSC, §372.002(b); and THSC, §372.003, which requires
the commission to adopt rules for the marking or labeling of plumbing fixtures.
PUBLIC COMMENT
This proposal is limited to the review in accordance with the requirements
of Texas Government Code, §2001.039. The commission invites comments
on whether the reasons for the rules in Chapter 290 continue to exist. 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 2002-011-290-WT.
Comments must be received by 5:00 p.m., May 13, 2002. For further information
or questions concerning this proposal, please contact Kathy Ramirez, Policy
and Regulations Division, at (512) 239-6757.
TRD-200201984
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: March 29, 2002
Credit Union Department
Title 7, Part 6
The Texas Credit Union Commission will review and consider Chapter 91, §91.403
(Federal Parity), §91.4001 (Authority to Conduct Electronic Operations), §91.4002
(Notice Requirement), §91.5001 (Emergency Closing), and §91.5002
(Effect of Closing) of Title 7, Part 6 of the Texas Administrative Code in
preparation for the Credit Union Commission's Rule Review as required by §2001.39,
Government Code.
Comments or questions regarding these rules may be submitted in writing
to Isabel Velasquez, Executive Assistant, Credit Union Department, 914 East
Anderson Lane, Austin, Texas 78752-1699, or electronically to info@tcud.state.tx.us.
TRD-200202023
Harold E. Feeney
Commissioner
Credit Union Department
Filed: March 29, 2002
Title 43, Part 1
The Texas Department of Transportation readopts without changes Title 43
TAC, Part 1, Chapter 5, Finance, and Chapter 6, State Infrastructure Bank.
The review was conducted in accordance with Government Code, §2001.039.
The proposed review was published in the February 1, 2002, issue of the
TRD-200201962
Richard D. Monroe
General Counsel
Texas Department of Transportation
Filed: March 29, 2002
Title 40, Part 20
The Texas Workforce Commission (Commission) adopts the review of Chapter
800 General Administration, Subchapter A. General Provisions, §§800.1-800.7,
without changes as published in the January 25, 2002 issue of the
Texas Register
(27 TexReg 617) in accordance with Texas Government
Code §2001.039.
An assessment was made by the Commission as to whether the reasons for
adopting or readopting the rules continue to exist. The rules reviewed were
determined by the Commission to continue to be needed, reflective of current
legal and policy considerations, and reflective of current procedures of the
Commission.
No comments were received on the proposed review.
The rule review is adopted under Texas Labor Code §301.061 and §302.002,
which provide the Texas Workforce Commission with the authority to adopt,
amend, or repeal such rules as it deems necessary for the effective administration
of Agency services and activities.
The rules affect Texas Labor Code, Titles 2 and 4 as well as Texas Government
Code Chapter 2308.
For information about the Commission, please visit our web page at
TRD-200202089
John Moore
Acting General Counsel
Texas Workforce Commission
Filed: April 2, 2002
The Texas Workforce Commission (Commission) adopts the review of Chapter
821 relating to Texas Payday Rules, without changes as published in the January
25, 2002 issue of the
Texas Register
(27 TexReg
617) in accordance with Texas Government Code §2001.039.
An assessment was made by the Commission as to whether the reasons for
adopting or readopting the rules continue to exist. The rules reviewed were
determined by the Commission to continue to be needed, reflective of current
legal and policy considerations, and reflective of current procedures of the
Commission.
No comments were received on the proposed review.
The rule review is adopted under Texas Labor Code §301.061 and §302.002,
which provide the Texas Workforce Commission with the authority to adopt,
amend, or repeal such rules as it deems necessary for the effective administration
of Agency services and activities.
The rules affect Texas Labor Code, Titles 2 and 4 as well as Texas Government
Code Chapter 2308.
For information about the Commission, please visit our web page at
TRD-200202090
John Moore
Acting General Counsel
Texas Workforce Commission
Filed: April 2, 2002
Proposed Rule Reviews
Texas Department of Insurance
Texas Natural Resource Conservation Commission
Adopted Rule Reviews
Texas Department of Transportation
Texas Workforce Commission