Part 1.
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Chapter 325.
CERTIFICATES OF COMPETENCY
The Texas Commission on Environmental Quality (commission) adopts
the repeal of §§325.16, 325.18, 325.20, and 325.100
without changes
to the proposal as published in the August 27, 2004
issue of the
Texas Register
(29 TexReg 8254).
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE ADOPTED REPEALS
Chapter 325 provides for certificates of competency for public water supply
operators and companies, including types of certificates, renewal provisions,
and reciprocity with other states' certificates.
House Bill 3111, 77th Legislature, 2001, created new Texas Water Code,
Chapter 37, to consolidate the administrative requirements for licensing and
registration programs administered by the commission. In 2001, the commission
repealed most of Chapter 325 and adopted new 30 TAC Chapter 30, Occupational
Licenses and Registrations. Chapter 30 contains all the requirements for the
occupational licensing and registration programs administered by the Compliance
Support Division. Subchapters A and B are the remaining subchapters in Chapter
325 that need to be repealed. The rules review adoption, published in this
issue, found that the reasons for the rules in Chapter 325 do not continue
to exist.
SECTION BY SECTION DISCUSSION
Chapter 325, which includes Subchapter A, Certification of Public Water
System Operators and Public Water System Operations Companies; and Subchapter
B, Certification of Wastewater Operators and Wastewater Operations Companies,
is repealed because the commission determined that the rules in Chapter 325
are no longer needed.
FINAL REGULATORY IMPACT ANALYSIS DETERMINATION
The commission reviewed the rulemaking action in light of the regulatory
analysis requirements of Texas Government Code, §2001.0225, and determined
that this rulemaking action is not subject to §2001.0225 because it does
not meet the definition of a "major environmental rule" as defined in that
statute. A "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 action does not meet the definition
of a "major environmental rule" because as part of the 1998 regulatory reform
process, the commissioners directed staff to eliminate requirements that are
redundant to existing provisions in other rules. This rulemaking action eliminates
redundant rules. This rulemaking action does not adversely affect in a material
way the economy, a sector of the economy, productivity, competition, or jobs
because this rulemaking action simply repeals rules that are currently addressed
in other sections of the commission's rules. This rulemaking action is not
anticipated to adversely affect in a material way the environment or the public
health and safety of the state or a sector of the state.
In addition, this rulemaking action does not exceed the four applicability
requirements of Texas Government Code, §2001.0025(a)(1) - (4) in that
the rulemaking does not: 1) exceed a standard set by federal law; 2) exceed
an express requirement of state law; 3) exceed a requirement of a delegation
agreement; or 4) adopt a rule solely under the general powers of the agency.
In this case, the sections of Chapter 325 that are being repealed do not meet
any of these requirements. First, there are no federal standards that the
rulemaking action would exceed. Second, the rulemaking action does not exceed
an express requirement of state law. Third, there is no delegation agreement
that would be exceeded by the rulemaking action. Fourth, this rulemaking has
been authorized by Texas Government Code, §2001.039, which requires state
agencies to review and consider for readoption each of their rules every four
years. Therefore, the commission does not adopt the repeal of these rules
solely under the commission's general powers.
TAKINGS IMPACT ASSESSMENT
The commission prepared a takings impact assessment for the repeals in
accordance with Texas Government Code, §2007.043. The commission's assessment
indicates that Texas Government Code, Chapter 2007 applies to the repeals
and that these repeals do not constitute a statutory or constitutional taking.
The specific purpose of this rulemaking action is to eliminate redundant
sections of commission rules. House Bill 3111, 77th Legislature, 2001, created
new Texas Water Code, Chapter 37, to consolidate the administrative requirements
for ten licensing and registration programs administered by the commission.
This rulemaking action does not place any burden on real property and it
does not obtain any benefit to society from the proposed use of private real
property because it does not directly apply to the ownership or use of a particular
parcel of private real property.
This rulemaking action does not burden an owner of real property in a manner
that would be a statutory or constitutional taking. Specifically, the repeals
do not affect a landowner's rights in private real property because this rulemaking
action does not burden (constitutionally) nor restrict or limit the owner's
right to property, nor reduce its value by 25% or more beyond that which would
otherwise exist in the absence of the rules. This rulemaking action simply
repeals redundant sections of commission rules.
CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM
The commission reviewed the rulemaking action and found that the rules
are neither identified in Coastal Coordination Act Implementation Rules, 31
TAC §505.11(b)(2), relating to Actions and Rules Subject to the Coastal
Management Program, nor will they affect any action/authorization identified
in Coastal Coordination Act Implementation Rules, 31 TAC §505.11(a)(6).
Therefore, the repeals are not subject to the Coastal Management Program
PUBLIC COMMENT
A public hearing was not held on the proposed repeals. The public comment
period ended at 5:00 p.m. on September 27, 2004, and no comments were received.
Subchapter A. CERTIFICATION OF PUBLIC WATER SYSTEM OPERATORS AND PUBLIC WATER SYSTEM OPERATIONS COMPANIES