Agency Rule Review Plan--Revised
Texas Department of Criminal Justice
Title 37, Part 6
TRD-200401683
Filed: March 3, 2004
Texas Commission on Environmental Quality
Title 30, Part 1
The Texas Commission on Environmental Quality (commission) files this notice
of intention to review and proposes the readoption of Chapter 335, Industrial
Solid Waste and Municipal Hazardous Waste, without changes. Any updates, consistency
issues, or other changes, if needed, will be addressed in a separate rulemaking.
This review of Chapter 335 is proposed in accordance with the requirements
of Texas Government Code, §2001.039, 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
Chapter 335 is a recodification of rules which were initiated in 1970 with
the adoption of regulations concerning industrial solid waste by the Texas
Water Quality Board under the Texas Solid Waste Disposal Act, 61st Legislature,
1969. These initial rules established: design criteria and permit requirements
for commercial disposal operations; the basic policy that waste generators
are responsible for assuring that their waste is properly and safely disposed
of; and requirements for a certificate of registration whereby each noncommercial
industrial solid waste facility's compliance status would be established and
regularly reviewed.
Subsequent regulatory development came in 1975, when the Texas Water Quality
Board revised its industrial solid waste regulations to establish uniform
performance standards for all disposal operations. The 1975 amendments prohibited:
discharge of industrial solid waste to groundwater or surface water; the creation
of any nuisance or public health problems; and disposal at unauthorized locations.
Also, these amendments called for the development of technical guidelines
outlining recommended technical standards for various methods of industrial
solid waste storage and disposal, and established shipping control requirements
for a certain category of industrial solid waste.
The 65th Legislature, 1977, amended the Texas Solid Waste Disposal Act
to require permits for all waste storage, processing, and disposal facilities
that would manage waste identified as hazardous waste by the Administrator
of the United States Environmental Protection Agency (EPA). Then, after the
identification of hazardous waste by EPA in 1980, the Texas Department of
Water Resources (TDWR) adopted rules implementing this statutory permit requirement.
These rules also set forth hazardous industrial solid waste management requirements
patterned after the hazardous waste regulations promulgated by the EPA. Successor
agencies to the TDWR, the Texas Water Commission, the Texas Natural Resource
Conservation Commission, and the Texas Commission on Environmental Quality
have amended Chapter 335 over the subsequent years to update its hazardous
waste rules and to implement various state statutory mandates and commission
initiatives.
The standards within Chapter 335 include requirements and provisions relating
to permitting, technical guidelines, general prohibitions, deed recordation,
notification, financial assurance, closure, remediation, recordkeeping, reporting,
shipping, variances, and sharing of information. In addition, Chapter 335
contains standards relating to generators and transporters, interim status,
location, recycling, universal waste, military munitions, open dumps, fees,
hazardous substance facilities assessment and remediation, pre-application
review, household waste, hazardous waste land disposal restrictions, warning
signs, pollution prevention, waste classification, and risk reduction.
PRELIMINARY ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO
EXIST
The commission conducted a preliminary review and determined that the reasons
for the rules in Chapter 335 continue to exist. The rules are needed to accomplish
the purposes of Texas Health and Safety Code (THSC), Chapter 361. Section
361.017(b) states, "[t]he commission shall accomplish the purposes of this
chapter by controlling all aspects of the management of industrial solid waste
and hazardous municipal waste by all practical and economically feasible methods
consistent with its powers and duties under this chapter and other law." Section
361.024(a) states, "[t]he commission may adopt rules consistent with this
chapter and establish minimum standards of operation for the management and
control of solid waste under this chapter." The rules are also needed to maintain
authorization granted by the EPA under the Resource Conservation and Recovery
Act (RCRA) to implement hazardous waste program elements in lieu of the EPA,
in accordance with grant commitments.
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 this preliminary review of the rules in Chapter 335. Comments may be submitted
to Jennifer Delk, 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 Project Number 2003-060-335-WS. Comments
must be received in writing by 5:00 p.m., April 12, 2004. For further information
or questions concerning this proposal, please contact Ray Henry Austin, Policy
and Regulations Division, at (512) 239-6814.
TRD-200401466
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: February 26, 2004
Title 43, Part 1
In accordance with Government Code, §2001.039, the Texas Department
of Transportation (department) files this notice of intention to review Title
43, TAC, Part 1, Chapter 17, Vehicle Titles and Registration; Chapter 18,
Motor Carriers; and Chapter 28, Oversize and Overweight Vehicles and Loads.
The department will accept comments regarding whether the reasons for adopting
these rules continue to exist. The comment period will last 30 days beginning
with the publication of this notice of intention to review.
On February 26, 2004, the department adopted revisions to the following
sections of chapters in this proposed rule review. These revised sections
can be found on the department's website at http://www.dot.state.tx.us/ogc/rules.htm
and is included in the Adopted Rules section of this issue of the
Texas Register
.
Amendments to §17.2
Repeal of §17.8 and §§17.60 - 17.64
New §§17.60 - 17.68 and §§17.70 - 17.81
Amendments to §17.28
Amendments to §§18.1, 18.2, 18.13, 18.14, 18.16, 18.19, 18.31,
18.32, 18.71, 18.80 - 18.82, 18.87, 18.88, 18.90 - 18.94, and 18.96
New §§18.100 - 18.104
Comment or questions regarding this rule review may be submitted in writing
to Bob Jackson, Deputy General Counsel, Texas Department of Transportation,
125 East 11th Street, Austin, Texas 78701-2483, or by phone at (512) 463-8630.
TRD-200401614
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: February 27, 2004
Title 28, Part 2
The Texas Workers' Compensation Commission files this notice of intention
to review the rules contained in Chapter 142 concerning Dispute Resolution-Benefit
Contested Case Hearing. This review is pursuant to the General Appropriations
Act, Article IX, §167, 75th Legislature, the General Appropriations Act,
Section 9-10, 76th Legislature, and Texas Government Code §2001.039 as
added by SB-178, 76th Legislature.
§142.1. Application of the Administrative Procedure Act.
§142.2. Authority of the Hearing Officer.
§142.3. Ex Parte Communications.
§142.4. Delivery of Copies to All Parties.
§142.5. Sequence of Proceedings to Resolve Benefit Disputes.
§142.6. Setting a Benefit Contested Case Hearing.
§142.7. Statement of Disputes.
§142.8. Summary Procedures.
§142.9. Stipulations, Agreements, and Settlements.
§142.10. Continuance.
§142.11. Failure to Attend A Benefit Contested Case Hearing.
§142.12. Subpoena.
§142.13. Discovery.
§142.14. Permission to Use Court Reporter.
§142.16. Decision.
§142.17. Transcript or Duplicate of the Hearing Audiotape.
§142.18. Special Provisions for Cases on Remand from the Appeals Panel.
§142.19. Form Interrogatories.
§142.20 Interlocutory Orders.
The agency's reason for adopting the rules contained in this chapter continues
to exist and it proposes to readopt these rules. Comments regarding whether
the reason for adopting these rules continues to exist must be received by
5:00 p.m. on April 12, 2004 and submitted to Linda Velásquez, Legal
Services, Office of General Counsel, MS 4-D, Texas Workers' Compensation Commission,
7551 Metro Center Drive, Suite 100, Austin, Texas 78744-1609.
TRD-200401681
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Filed: March 3, 2004
Texas Animal Health Commission
Title 4, Part 2
The Texas Animal Health Commission (commission), has completed review in
accordance with the Texas Government Code, §2001.039 and finds the need
still exists for Chapter 57, entitled "Poultry," which is located in Title
4, Part 2, of the Texas Administrative Code and contains the following sections: §57.10,
Definitions; §57.11, General Requirements and §57.12, Dealer Recordkeeping
Requirements.
The review was published for comment in the December 19, 2003, issue of
the
Texas Register
(28 TexReg 11361).
No comments were received concerning the rule review.
The commission finds reason for the rules continues to exist and readopts
these sections pursuant to the requirements of the §2001.039 of the Texas
Government Code.
This concludes the review of Chapter 57, Poultry.
TRD-200401460
Gene Snelson
General Counsel
Texas Animal Health Commission
Filed: February 25, 2004
Title 1, Part 5
In accordance with the rule review plan filed September 13, 2000 and published
in the September 29, 2000, issue of the
Texas Register
(25 TexReg 9965), and the Texas Government Code, §2001.039, the
Texas Building and Procurement Commission repeals Chapter 112, Human Resources
Program, as published in the December 26, 2003, issue of the
Texas Register
(28 TexReg 11629).
Chapter 112 relates to the personal and professional employee training
program as well as the procedures for managing internal and external training,
and a tuition assistance program.
The repeal of Chapter 112 is published elsewhere in this issue of the
The Commission conducted a review and determined that the reasons for the
rules in Chapter 112 no longer exist. The agency does not offer such training
programs or tuition assistance.
No comments were received on the rule review.
This completes the rule review of Chapter 112.
TRD-200401597
Cynthia de Roch
General Counsel
Texas Building and Procurement Commission
Filed: February 27, 2004
In accordance with the rule review plan filed September 13, 2000 and published
in the September 29, 2000, issue of the
Texas Register
(25 TexReg 9965), and the Texas Government Code, §2001.039, the
Texas Building and Procurement Commission readopts Chapter 116, Property Management
Division, with amendments, as published in the December 5, 2003, issue of
the
Texas Register
(28 TexReg 10977).
Chapter 116 regulates the management, operation and repairs of state office
space, coordinates the recycling of paper goods by state agencies occupying
commission controlled facilities, and sets forth the process for recycle collection,
program coordination between agencies, training, performance reporting, and
assignment of responsibility.
The Commission conducted a review and determined that the reasons for the
rules in Chapter 116 continue to exist. The rules are needed to provide the
public with information on procedures for the operation and management of
state owned office space and for the mandatory recycling of paper goods.
The public comment period closed January 5, 2004. No comments were received
on the rule review.
This completes the rule review of Chapter 116.
TRD-200401600
Cynthia de Roch
General Counsel
Texas Building and Procurement Commission
Filed: February 27, 2004
Title 30, Part 1
The Texas Commission on Environmental Quality (commission) adopts the rules
review of Chapter 261, Impact Statements, in accordance with the requirements
of Texas Government Code, §2001.039, 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. The notice of intention to review was published in the November
21, 2003, issue of the
Texas Register
(28
TexReg 10515).
CHAPTER SUMMARY
Chapter 261 establishes the relevance of environmental, social, and economic
impact statements as evidence in commission hearings, establishes that the
commission may require impact statements, specifies procedures for the submission
of those impact statements, and establishes guidelines for the preparation
of those impact statements.
ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST
The commission conducted a review and determined that the reasons for the
rules in Chapter 261 do not continue to exist.
Chapter 261 establishes procedures and requirements which help the commission
implement requirements for water rights applications under various sections
of the Texas Water Code (TWC). Chapter 261 implements TWC, §§5.103,
5.105, 11.085, 11.134, 11.147, 11.150, 11.151, 11.152, 26.003, 26.011, 27.003,
and 27.019, which require the commission to permit and otherwise regulate
activities which affect ecology, habitat, productivity, and public welfare
as they relate to groundwater, surface water, and instream water quality.
Commission staff determined that the Chapter 261 rules are redundant because
they are not needed to implement these statutes. The commission and executive
director have authority under other commission rules to require an applicant
to submit an environmental impact statement if one has been prepared and is
relevant to the application. 30 TAC §281.4(7) states that applications
for the use of state water must include any other information as the executive
director or the commission may reasonably require. Under TWC, §11.147,
the commission is required to consider the effect that a water right application
will have on bays and estuaries, existing instream uses, water quality of
the stream, and fish and wildlife habitats. Also, under TWC, §11.134(b)(3),
the commission shall grant a water right application only if the proposed
appropriation is not detrimental to the public welfare. If an environmental
impact statement has been prepared and addresses these environmental and public
welfare issues, the commission or executive director could reasonably require
the applicant to submit the environmental impact statement with its water
right application under §281.4(7). Additionally, under 30 TAC §281.5(7),
the executive director or commission may request any other information, which
could include an environmental impact statement, in applications for wastewater
discharge, underground injection, municipal solid waste, radioactive material,
and hazardous waste and industrial solid waste management permits.
A rulemaking concurrent to this quadrennial review adopts the repeal of
Chapter 261 (Rule Project Number 2003-052-261-WT).
PUBLIC COMMENT
The public comment period closed on December 22, 2003. No comments were
received.
TRD-200401615
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: February 27, 2004
Title 16, Part 4
The Texas Department of Licensing and Regulation (Department) readopts
16 TAC Chapter 76, Water Well Drillers and Water Well Pump Installers: §§76.1,
76.10, 76.200 - 76.206, 76.220, 76.300, 76.600 - 76.602, 76.650, 76.700 -
76.708, 76.800, 76.900, 76.910, and 76.1000 - 76.1011 in accordance with the
Texas Government Code, §2001.039.
The initial intent to review was published in the January 31, 2003, issue
of the
Texas Register
(28 TexReg 969). The
comment period for the initial review closed on March 2, 2003. There were
several comments received from a company that offers training courses suggesting
clarification and/or amendments to the rules.
The commenter requested that TDLR allow approved training providers to
add the TDLR rules to their classes and have those classes approved for both
the continuing education and the "rules" requirements. TDLR agrees that private
training providers should be eligible to teach courses on TDLR's rules, and
will accept and consider applications to do so. No rule change was necessary.
The commenter stated that there appears to be some ambiguity in the license
renewal and training requirements, specifically between §76.204, License
Renewal, subsection (b) where it states that one hour must be dedicated to
the TDLR rules and §76.220, Continuing Education, subsection (a) where
it states that 2 hours must be dedicated to the rules related to the industry.
TDLR agrees that §76.204(b) and §76.220(a) should be amended to
remove any ambiguity. Although TDLR did not view the rules to be in direct
conflict with one another, rulemaking was completed that clarified the renewal
and continuing education time periods.
As part of the review process and in conjunction with changes made as a
result of the 78th Legislative Session, rule amendments were proposed in the
September 26, 2003, issue of the
Texas Register
(28
TexReg 8261) and adopted in the November 21, 2003, issue of the
Texas Register
(28 TexReg 10468), in accordance with the requirements
of the Administrative Procedure Act, Texas Government Code, Chapter 2001.
The Department published a subsequent intent to review for the Water Well
Drillers and Pump Installers rules which was published in the December 19,
2003, issue of the
Texas Register
(28 TexReg
11362). The comment period of this review closed January 19, 2004. No public
comments were received regarding this subsequent review.
The Department has conducted a thorough review of the rules in Chapter
76 in accordance with Texas Government Code, §2001.039 which requires
state agencies to review and consider for re-adoption rules adopted under
the Administrative Procedures Act. The review must include, at a minimum,
an assessment that the reason for the rules continues to exist.
As a result of the review, the Department has determined that the rules
continue to be essential in effectuating the provisions of Texas Occupations
Code, Chapters 1901 and 1902, which gives the Texas Commission of Licensing
and Regulation the authority to promulgate and enforce rules and take all
action required to assure compliance with the intent and purpose of the Code.
The rules are re-adopted in accordance with Texas Government Code, §2001.039.
TRD-200401653
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: March 1, 2004
Title 43, Part 1
In accordance with Government Code, §2001.039, the Texas Department
of Transportation (department) readopts Title 43, TAC, Part 1, Chapter 3,
Public Information; Chapter 4, Employment Practices; Chapter 6, State Infrastructure
Bank; Chapter 9, Contract Management; Chapter 13, Materials Quality; Chapter
22, Use of State Property; Chapter 23, Travel Information; Chapter 25, Traffic
Operations; and Chapter 29, Maintenance.
The proposed review was published in the December 5, 2003, issue of the
Comment or questions regarding this rule review may be submitted in writing
to Bob Jackson, Deputy General Counsel, Texas Department of Transportation,
125 East 11th Street, Austin, Texas 78701-2483, or by phone at (512) 463-8630.
TRD-200401559
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: February 27, 2004
Title 28, Part 2
In accordance with the General Appropriation Act, Article IX, §167,
75th Legislature, the General Appropriations Act, §9-10, 76th Legislature,
and Texas Government Code §2001.039 as added by Senate Bill 178, 76th
Legislature, and pursuant to the notice of intention to review published in
the July 18, 2003, issue of the
Texas Register
(28
TexReg 5667) the Texas Workers' Compensation Commission (the commission) has
assessed whether the reason for adopting or readopting these rules continues
to exist.
No comments were received regarding the review of these rules.
As a result of the review, the Commission has determined that the reason
for adoption of these rules continues to exist. Therefore, the Commission
readopts Chapter 110. If the Commission determines that the rules should be
revised or repealed, the repeal or revisions of the rules will be accomplished
in accordance with the Administrative Procedure Act.
CHAPTER 110. REQUIRED NOTICES OF COVERAGE
SUBCHAPTER A. CARRIER NOTICES
§110.1. Requirements for Notifying the Commission of Insurance Coverage.
SUBCHAPTER B. EMPLOYER NOTICES
§110.101. Covered and Non-Covered Employer Notices to Employees.
§110.108. Employer Notice Regarding Work-Related Exposure to Communicable
Disease/HIV: Posting Requirements; Payment for Tests.
§110.110. Reporting Requirements for Building or Construction Projects
for Governmental Entities.
TRD-200401456
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Filed: February 25, 2004
In accordance with the General Appropriation Act, Article IX, §167,
75th Legislature, the General Appropriations Act, §9-10, 76th Legislature,
and Texas Government Code §2001.039 as added by Senate Bill 178, 76th
Legislature, and pursuant to the notice of intention to review published in
the August 1, 2003, issue of the
Texas Register
(28
TexReg 6030) the Texas Workers' Compensation Commission (the commission) has
assessed whether the reason for adopting or readopting these rules continues
to exist.
No comments were received regarding the review of these rules.
As a result of the review, the Commission has determined that the reason
for adoption of these rules continues to exist. Therefore, the Commission
readopts Chapter 132. If the Commission determines that the rules should be
revised or repealed, the repeal or revisions of the rules will be accomplished
in accordance with the Administrative Procedure Act.
CHAPTER 132. DEATH BENEFITS--DEATH AND BURIAL BENEFITS
§132.1. Calculation of Death Benefits.
§132.2. Determination of Facts of Dependent Status.
§132.3. Eligibility of Spouse To Receive Death Benefits.
§132.4. Eligibility of a Child To Receive Death Benefits.
§132.5. Eligibility of a Grandchild To Receive Death Benefits.
§132.6. Eligibility of Other Surviving Dependents To Receive Death
Benefits.
§132.7. Duration of Death Benefits for Eligible Spouse.
§132.8. Duration of Death Benefits for an Eligible Child.
§132.9. Duration of Death Benefits for an Eligible Grandchild and
any Other Eligible Dependents.
§132.10. Payment of Death Benefits to the Subsequent Injury Fund.
§132.11. Distribution of Death Benefits.
§132.12. Redistribution of Death Benefits.
§132.13. Burial Benefits.
§132.14. Autopsy.
§132.15. Definitions.
§132.16. Change in Payment Periods; Purchase of Annuity for Death
Benefits.
§132.17. Denial, Dispute, and Payment of Death Benefits.
TRD-200401457
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Filed: February 25, 2004
Proposed Rule Reviews
Texas Department of Transportation
Texas Workers' Compensation Commission
Adopted Rule Reviews
Texas Building and Procurement Commission
Texas Commission on Environmental Quality
Texas Department of Licensing and Regulation
Texas Department of Transportation
Texas Workers' Compensation Commission