Environmental News - Vinson & Elkins LLP

More documents

Recommendations

Info

TCEQ Regulatory Watch Administrative Hearings in order to ensure that hearings and permit issuance or denial can be completed within the deadlines specified in Texas Health and Safety Code (THSC), Section 382.0566. • Comments due by: September 26, 2007 • Need additional information? Please contact Vinson & Elkins lawyer Kristie Tice at 713.758.3653. Water Quality Rules The following significant new water quality rule adoption has been published since the August 2007 issue of the V&E Environmental News. New Proposed Rules Water Conservation Plans, Drought Contingency Plans, Guidelines and Requirements Water Conservation Plans, Drought Contingency Plans, Guidelines and Requirements • 32 Tex. Reg. 6060 – September 7, 2007 • 30 TAC Chapter 288 • TCEQ proposes to amend Sections 288.1 and 288.30. The proposed rules implement the sections of Senate Bill (SB) 3 and House Bill (HB) 4, both of which were passed in the 80th Legislature, dealing with water conservation planning. These sections, as implemented by the proposed rules, would amend the Texas Water Code (TWC) and: mandate the Agency to require a retail public utility providing potable water service to 3,300 or more connections to submit a water conservation plan and annual progress reports to the executive administrator of the Texas Water Development Board; require any entity currently required to submit a water conservation plan to the Agency under other provisions of the TWC to also submit a copy of the plan to the executive administrator of the Board; and require all entities with water conservation plans to submit an annual progress report regarding water conservation plan implementation to the executive administrator of the Board. The Board must review these plans and annual reports to determine if they comply with minimum requirements. The Agency and the Board are required by the legislation and proposed rule to identify minimum requirements for water conservation plans, deadlines for annual report submission, and provide for enforcement of the proposed rules. • Comments due by: October 9, 2007 • Need additional information? Please contact Vinson & Elkins lawyer Sharon Mattox at 713.758.4598. Waste Rules The following significant new waste rule adoptions have been published since the August 2007 issue of the V&E Environmental News. New Proposed Rules Financial Assurance • 32 Tex. Reg. 6045 – September 7, 2007 • 30 TAC Chapter 37 • TCEQ proposes amendments to Sections 37.9001, 37.9030, 37.9035, 37.9040, and 37.9045. The changes proposed to this chapter are part of a larger proposal to revise the Commission's radiation control rules. The primary purpose of the proposed rules is to implement Senate Bill (SB) 1604, 80th Legislature, 2007, and its amendments to THSC, Chapter 401 (also known as the Texas Radiation Control Act (TRCA)). The bill transfers responsibilities for the regulation and licensing of source material recovery, by-product disposal, and commercial radioactive substances storage and processing from the Texas Department of State Health Services (TDSHS) to the Commission. This proposed rulemaking intends to transfer the technical requirements for these programs from the TDSHS's rules Sections 289.254 and 289.260 of 25 TAC into new subchapters of the Commission's radioactive substantive rules in Chapter 336. While the technical requirements remain the same, these new Commission programs will be integrated into and administered under the Commission's existing radioactive material program requirements for application processing, public notice, public participation, licensing fees, financial assurance, and enforcement. The proposed amendments to Chapter 37 establish the financial assurance requirements for licenses for uranium recovery, by-product disposal, and radioactive substances storage and processing. The Commission proposes that the existing financial assurance requirements of Subchapter T of Chapter 37 be used for the licensing programs subject to the transfer of jurisdiction in SB 1604. SB 1604 also establishes a new state fee for disposal of radioactive substances and amends underground injection control 10
TCEQ Regulatory Watch requirements for uranium mining. The Commission intends to address the new requirements in separate rulemaking actions. • Comments due by: October 7, 2007 • Need additional information? Please contact Vinson & Elkins lawyer Mary Conner at 713.758.3365. Public Notice • 32 Tex. Reg. 6049 – September 7, 2007 • 30 TAC Chapter 39 • TCEQ proposes amendments to Sections 39.702, 39.703, 39.707, and 39.709. The changes proposed to this chapter are part of a larger proposal to revise the Commission's radiation control rules. The primary purpose of the proposed rules is to implement SB 1604, 80th Legislature, 2007, and its amendments to THSC, Chapter 401 (also known as TRCA). The bill transfers responsibilities for the regulation and licensing of source material recovery, byproduct disposal, and commercial radioactive substances storage and processing from the TDSHS to the Commission. This proposed rulemaking intends to transfer the technical requirements for these programs from the TDSHS' rules in Sections 289.254 and 289.260 of 25 TAC into new subchapters of the Commission's radioactive substantive rules in Chapter 336. While the technical requirements remain the same, these new Commission programs will be integrated into and administered under the Commission's existing radioactive material program requirements for application processing, public notice, public participation, licensing fees, financial assurance, and enforcement. The proposed amendments to Chapter 39, Subchapter M establish the public notice requirements for radioactive materials licenses issued under Chapter 336. SB 1604 also establishes a new state fee for disposal of radioactive substances and amends underground injecttion control requirements for uranium mining. The Commission intends to address the new requirements in separate rulemaking actions. • Comments due by: October 7, 2007 Need additional information? Please contact Vinson & Elkins lawyer Mary Conner at 713.758.3365. Applications Processing • 32 Tex. Reg. 6056 – September 7, 2007 • 30 TAC Chapter 281 • TCEQ proposes amendments to Section 281.19. The changes proposed to this chapter are part of a larger proposal to revise the Commission's radiation control rules. The primary purpose of the proposed rule is to implement SB 1604, 80th Legislature, 2007, and its amendments to THSC, Chapter 401 (also known as the TRCA). The bill transfers responsibilities for the regulation and licensing of source material recovery, by-product disposal, and commercial radioactive substances storage and processing from TDSHS to the Commission. This proposed rulemaking intends to transfer the technical requirements for these programs from the TDSHS’ rules in Sections 289.254 and 289.260 of 25 TAC into new subchapters of the Commission's radioactive substantive rules in Chapter 336. While the technical requirements remain the same, these new Commission programs will be integrated into and administered under the Commission's existing radioactive material program requirements for application processing, public notice, public participation, licensing fees, financial assurance, and enforcement. The proposed amendments to Chapter 281, Subchapter A establish the procedural requirements for the technical review of radioactive material licenses under Chapter 336. SB 1604 also establishes a new state fee for disposal of radioactive substances and amends underground injection control requirements for uranium mining. The Commission intends to address the new requirements in separate rulemaking actions. • Comments due by: October 15, 2007 • Need additional information? Please contact Vinson & Elkins lawyer Mary Conner at 713.758.3365. Radioactive Substance Rules • 32 Tex. Reg. 6066 – September 7, 2007 • 30 TAC Chapter 336 • TCEQ proposes amendments to certain sections of Chapter 336. The changes proposed to this chapter are part of a larger proposal to revise the Commission's radiation control rules. The primary purpose of the proposed rules is to implement SB 1604, 80th Legislature, 2007, and its amendments to THSC, Chapter 401 (also known as TRCA). The bill transfers responsibilities for the regulation and licensing of source material recovery, byproduct disposal, and commercial radioactive substances storage and processing from TDSHS to the Commission. This proposed rulemaking intends to transfer the technical requirements for these programs from the TDSHS’ rules in Sections 289.254 and 289.260 of 25 TAC into new 11
Page 1 and 2: Environmental News September 2007 2
Page 3 and 4: six minutes, there was sufficient e
Page 5 and 6: As part of its implementation of th
Page 7 and 8: Unlike Massachusetts, Maine’s reg
Page 9: TCEQ Regulatory Watch Air Rules The
Page 13: Environmental and Administrative La

Environmental News - Vinson & Elkins LLP

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?