The Texas Natural Resource Conservation Commission (commission) submits the following agency rules review plan in accordance with House Bill (HB) 1, the Appropriations Act, Article IX, §167. The commission will review the 83 chapters of its rules in effect as of September 1, 1997. In addition, commission staff will review the rules of the Groundwater Protection Committee.
As required, the commission will consider whether the reason for adopting or readopting the rule continues to exist. In addition, the commission will, to the greatest extent possible, assess each of its rules in light of its own regulatory reform goals. Those goals are to: examine requirements and processes for similarities with provisions in other media, programs, and rules, and develop revisions that achieve as much consistency as possible; limit requirements and procedures in rules to only those mandated by federal or state law unless they can be demonstrated to be necessary to protect public health and the environment; ensure that rules and standards do not impose unnecessary costs without producing corresponding benefits; consider options for introducing flexibility into rule requirements and processes within legal limits; ensure rules are based on sound science and common sense; minimize reporting and record keeping requirements within legal limits while maintaining adequate program monitoring and protection of public health and the environment; eliminate requirements and procedures that are no longer necessary or are redundant to existing provisions in other rules; write rules in such a way that makes them practicable to enforce; and improve their readability.
The commission has developed the following schedule for reviewing all of the rules in the following chapters of Title 30 of the Texas Administrative Code (TAC):
Fiscal Year 1998--Chapters: 1, 3, 5, 7, 10, 11, 20, 39, 40, 70, 101, 113, 116, 119, 120, 210, 213, 216, 238, 261, 279, 285, 288, 290 (Subchapters C-G), 291, 294, 295, 297, 317, 322, 323, 324, 336, 340;
Fiscal Year 1999--Chapters: 12, 37, 118, 122, 281, 284, 286, 290 (Subchapters A-B), 307, 308, 309, 320, 325, 327, 330, 331, 333, 334, 343;
Fiscal Year 2000--Chapters: 50, 55, 80, 86, 104, 111, 112, 115, 117, 311, 312, 321, 332, 335, 344, 351;
Fiscal Year 2001--Chapters: 106, 114, 277, 289, 292, 293, 299, 301, 303, 304, 305, 314, 315, 319, 329.
In addition, commission staff will conduct the review of the Groundwater Protection Committee rules in 31 TAC Chapter 601 in Fiscal Year 1998.
The above schedule will be continual, rotating every four years. However, the commission reserves the right to review a chapter as part of a routine rulemaking either before or after its scheduled review date if that is appropriate in light of the nature of the amendments or workloads. The commission will clearly notice the review component of a regular rulemaking in its rule log, and in the proposal and adoption preambles.
The TAC citation for each chapter reviewed, and the results of the review, will be published in the Review of Agency Rules section of the Texas Register. The text of the chapters will not be published. The commission may concurrently propose any amendments and/or repeals that result from its review of the rules in the Proposed Rules section of the Texas Register, or it may defer any amendments and/or repeals until the conclusion of the comment period on the review.
The commission will provide a 30-day comment period on the review after publication in the Texas Register. Following the close of comment, if the commission determines that no further changes are necessary, the commission will formally readopt the chapter. If, as a result of comments, the commission determines that further changes are necessary, the commission will formally readopt the chapter, and then initiate further rule amendments in response to comment as soon as possible.
For further information about this plan for review, please contact Mr. Brian Christian, Office of Policy and Regulatory Development, at (512) 239-1760.