fiathleen Hartnett White. Choin1atl 

Larry R. So~t'al-d, C.'oi77n7i.~sioner 

Glenn Shankle, E.~t?c~ctii~e Director 

. .- - 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

Protecting Tcxa~ by Reduclng and Preuetzting Pollution 

Docket No. 2006-0525-RUL 

February 26, 2007 

Richard E. Greene, Regional Administrator 

U. S. Environmental Protection Agency - Region 

1445 Ross Avenue 

Dallas, Texas 75202-2733 

Dear Mayor Greene: 

On February 7, 2007, the Texas Commission on 

6 

Environmental Quality (Commission) adopted 

the State Implementation Plan (SIP). 

The Coinmission adopted new $4 19.1, 19.3, 19.10, 19.12, and 19.14 in 30 TAC Chapter 19, Electronic 

Reporting; and corresponding revision to the SIP. The adopted rule outlines the electronic reporting 

requirements for agency programs. The United States Environmental Protection Agency (EPA) promulgated 

its Cross Media Electronic Reporting Rule (CROMERR) on October 13, 2005, which impacts the Texas 

Commission on Environmental Quality's federally authorized programs by requiring specific regulatory 

changes in those programs in order for the commission to accept reports and applications electronically. 

Adding a chapter for electronic reporting will minimize the need to open multiple rule sections now or in the 

future in the event EPA amends CROMERR. This rule also will establish that a person who fails to comply 

with electronic reporting procedures will be subject to the same level of enforcement as for failure to report as 

required. 

Enclosed are the proposed revisions to the SIP, a public hearing certification, a complete record of the public 

hearings, and the accompanying order. I look forward to your expeditious approval of these SIP revisions. 

t K thleen Hartnett White C irman 

Enclosures ' 

P.O. Box 13087 .4ustin, Texas 78711-3087 5121239-1000 Internet address: ~vw~v.tce~.state.tx.us 
Mr. Richard Greene 

Page 2 

February 26. 2007 

cc: The Honorable Rick Perry, Governor of Texas 

Mr. Zak Covar, Office of Budget, Planning and Policy, Office of the Governor 

Mr. Glenn Shankle, Executive Director, Texas Commission on Environmental Quality 
THE STATE OF TEXAS 5 

COUNTY OF TRAVIS 5 

This is to certify that the attached are true and correct copies of documents for revisions to the Texas 

State Implementation Plan, adopted on February 7, 2007, pursuant to 40 Code of Federal Regulations (CFR) 

551.104. I am the records administrator for the General Law Division of the Texas Commission on 

Environmental Quality (Commission). 

Director, General Law Division 

Texas Commission on Environmental Quality 
Texas Commission on 

Environmental Quality 

Public Hearing 

December 4.2006 

Concerning Revisions to Chapter 19, 

Electronic Reporting 

Rule Project Number 2006-01 8-01 9-PR 
IIVTRODUCTION 

The Texas Commission on Environmental Quality (commission) held a public hearing in Austin on December 

4,2006, to receive testimony regarding proposed new Sections 19.1, 19.3, 19.10, 19.12, and 19.14 in 30 TAC 

new Chapter 19, Electronic Reporting. 

The rulemaking would outline the electronic reporting requirements for agency programs. The United 

States Environmental Protection Agency (EPA) promulgated its Cross Media Electronic Reporting Rule 

(CROMERR) on October 13, 2005, which impacts the Texas Commission on Environmental Quality's 

federally authorized programs by requiring specific regulatory changes in those programs in order for the 

commission to accept reports and applications electronically. Adding a chapter for electronic reporting will 

minimize the need to open multiple rule sections now or in the future in the event EPA amends 

CROMERR. This rule also will establish that a person who fails to comply with electronic reporting 

procedures will be subject to the same level of enforcement as for failure to report as required. 

The comment period closed on December 4,2006. All testimony and comments have been reviewed and 

seriously considered. This hearing record contains a complete record of the public hearing and is divided 

into the following four sections: 

o Public Notification and Proposal 

o Written and Oral Testimony 

o Evaluation of Testimony 

o Staff Recommendations (including Order and Texas Register publication) 

Additional copies of this hearing record are maintained in the commission's central office at 121 00 Park 

35 Circle, Austin, Texas 78753. For further information, please contact Ellette Vinyard, Permitting and 

Remediation Support Division, at (512) 239-6085. 
PUBLIC 

NOTIFICATION AND 

PROPOSAL 
PUBLIC NOTIFICATION 

Notification to the public of the proposed revisions was conducted by the following procedures: 

1. Publication of notice of public hearings in the following newspapers on the date listed: 

Austin American-Statesman; November 3, 2006 

Fort Worth Star-Telegram; r-lovember 3, 2006 

Houston Chronicle; November 3, 2006 

2. Publication of the proposed rules in the September 8, 2006, issue of the Texas Register 

(31 TexReg 7235). 

3. Publication of the Notice of Public Hearing. in the September 8, 2006, issue of the Texas 

Register (31 TexReg 7724). 

4. Correspondence forwarding the notice of public hearing to the following officials and agencies: 

Speaker of the House 

Lieutenant Governor 

Alamo Area Council of Governments 

Capital Area Planning Council 

City of Dallas Department of Environmental and Health Services 

City of Dallas Department of Aviation 

City of Victoria Planning Department 

East Texas Council of Governments 

El Paso City-County Health and Environmental District 

El Paso Metropolitan Planning Organization 
Federal Highway Administration 

Fort Worth Environmental Management Department 

Galveston County Health District 

Harris County Public Health and Environmental Services 

Houston Department of Health and Human Services 

Houston-Galveston Area Council 

North Central Texas Council of Governments 

South East Texas Regional Planning Commission 

Texas Department of Transportation 

Texas Transportation Institute 

Arkansas Department of Pollution Control and Ecology 

Louisiana Department of Environmental Quality 

New Mexico Environmental Department 

Oklahoma Department of Environmental Quality 

U. S. Environmental Protection Agency 
Example of Newspaper Classified Ad 

Austin American-Statesman, November 3, 2006 

NOTICE OF PUBLIC 

HEARING BY THE TEXAS COMMISSION ON 

ENVIRONMENTAL QLIHLITI' 

OIU PHOPOSED REVISIONS TO 30 THC CHAPTER IS AND 

TO THE STATE 

IIWPLEMENTATION PLAN 

The Texas Commission on Environmental Oualllv will coriduct a 

~- - ---- rilony concernrng revlslotir to 30 

TAC Chapter 19, Electrorl~c Re 

porting unuer the requlrernenrs 

of Texas Health and Safery Code, 

5382.017; Texas Governn?ent 

Cocle, Chaprer 2001. Subchapter 8. and 40 Code of Federal RF~U 

larions ssi.io2, of the-uiied States tnvironniental Protection 

Agency IEPA) regulations cow 

cgrntnq state ~mplemeritation 

plans (:Ips]. 

The proposed ruieniakinq would 

ourline the electron~c reporting 

requrrements for federally authorrzed programs and certain stare 

regulatory programs. The EPA 

promulgated its Cross Medra 

Eiectronic Reporting Rule ICROIklERR) on October 13. 2005. which impacts the Texas Commission on Environmental 

Quality': federally a~rthorized 

programs by requiring specific 

regulatory chailges in order for 

rlie commission lo accept rr- ports and applicat~ons elecrronlcally. The proposed rule will not 

mandate electronic reporting. 

Affected entitles will have the 

option to utilize the electronic 

reporting alternative. Adding a 

chapter for electronic reportrng wiii m~n~mize the need to open 

multlple rule sections now or In 

the tuture In the event EPA amends CROMERR. This rule also 

will establish that a person who fails to comply with electronic 

reportino procedures will be 

subject io the same levei of cn- forcement ai for fai!ure to repon 

as required. 

A public hearing on thls proposal 

will be held in ALrstln on December 4. 2006, at 10:OO a.m. at' the 

Texas Cornrnrsslon on invironmental Quality located at 12100 Park 35 Clrcle in Building 8. 

Room 201A. The hear~ng will be 

structured for.the receipt of oral 

or wrltten comlnents by interesred persons. lnd~vrduali may 

present oral statements wlien 

called upon in order of reglsrratmn. There wrll be no open discusston dur~ng tiie hearing; 

however, an agency slaff rnerliber wii: be available ro discuss 

the proposal 30 minutes prior to 

the iiearing. 

Perrons wlio hav. special communlcation or othe: accommodat~on needs who are (piannlng 

to attend the hearing ilio~~ld 

contact holly \!ierk, Off~ce of Legal Serv~ces, al 1512) 239-0177. 

llequests should be made aj far 

in advance as oossiblc. 

V;'rlrten commrntr may b? subn~~tted to liolly V~erl(. MC 205 

Office oi Legal Servicei. Texas Comlniss~on or1 invlronmental 

Dual~i)' P C: BOA 13087 Austili: 

Texas 78711-3087. or faxed to 1512! 139-4008. Eleciron~c comromni?nt pr-r~od close: Ijecern 

uer 4, ZO'Ji,. CoDie: o' tiie pro- posed rule; car; be obra~n~d 

(rom lit? conmirsior~s '/web iile 
622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 

655-9479. 

TRD-200604814 

Mary Risner 

Director, Litigation Division 

Texas Commission on Environmental Quality 

Filed: August 29, 2006 

+ + + 

Notice of Opportunity to Comment on Shut DownlDefault 

Orders of Administrative Enforcement Actions 

The Texas Commission on Environmental Quality (commission) 

staff is providing an opportunity for written public comment on the 

listed Shutdown/Default Orders (SIDOs). Texas Water Code (TWC), 

$26.3475 authorizes the commission to order the shutdown of any underground storage tank (UST) system found to be noncompliant with 

release detection, spill and overfill prevention, andlor, after December 

22, 1998, cathodic protection regulations of the commission, until such 

time as the ownerloperator brings the UST system into compliance 

with those regulations. The commission proposes a Shutdown Order 

after the owner or operator of a UST facility fails to perform required 

corrective actions within 30 days after receiving notice of the release 

detection, spill and overfill prevention, andlor, after December 22, 

1998, cathodic protection violations documented at the facility. The 

Commission proposes a Default order in accordance with TWC, 

37.075. This notice of the proposed order and the opportunity to 

comment is published in the Texas Register no later than the 30th 

day before the date on which the public comment period closes, 

which in this case is October 9,2006. The commission will consider 

any written comments received and the commission may withdraw 

or withhold approval of an S/DO if a comment discloses facts or 

considerations that indicate that consent to the proposed S/DO is 

inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, 

or the commission's orders and permits issued in accordance with the 

commission's regulatory authority. Additional notice of changes to a 

proposed SDO is not required to be published if those chan, oes are 

made in response to written comments. 

Copies of each of the proposed S/DO are available for public inspection 

at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and 

at the applicable regional office listed as follows. Written comments 

about the S/DO shall be sent to the attorney designated for the S/DO 

at the commission's central office at P.O. Box 13087, MC 175, Austin, 

Texas 78711-3087 and must be received by 500 p.m. on October 9, 

2006. Written comments may also be sent by facsimile machine to the 

attorney at (512) 239-3434. The commission attorneys are available to 

discuss the SDOs andlor the comment procedure at the listed phone 

numbers; however, comments on the SDOs shall be submitted to the 

commission in writing. 

(1) COMPANY: Inara Convenience, Inc. dba Rosedale Texaco; 

DOCKET NUMBER: 2006-0123-PST-E; TCEQ ID NUMBER: 

RN101534790; LOCATION: 6101 East Rosedale, Fort Worth, Tarrant 

County, Texas; TYPE OF FACILITY: convenience store with retail 

sales of gasoline; RULES VIOLATED: 30 TAC 3334.50(b), (b)(l)(A), 

(b)(2) and (b)(2)(A)(i)(III), and Texas Water Code, 326.3475(a) 

and (c)(l); 30 TAC $334.48(c) and Agreed Order Docket Number 

2003-1588-PST-E, Orderlng Provision Number 2.a., by failing to 

conduct effective manual or automatic inventory control procedures 

for all underground storage tanks (USTs) involved in the retail sale of 

petroleum substances used as a motor fuel; 30 TAC 3334.8(c)(5)(C), 

by failing to ensure that a legible tag, label. or marlung with the tank 

number was permanently applied upon or affixed to either the top of 

the fill tube or to a nonremovable point in the immediate area of the 

fill tube according to the UST registration and self-certification form; 

STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, 

(512) 239-6500; REGIONAL OFFICE: Dallas-Fort Worth Regional 

Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 

588-5800. 

Mary Risner 

Director, Litigation Division 

Texas Commission on Environmental Quality 

Filed: August 29, 2006 

Notice of Public Hearing on Proposed Revisions to 30 TAC 

Chapter 19 and to the State Implementation Plan 

The Texas Commission on Environmental Quality will conduct a 

public hearing to receive testimony concerning revisions to 30 TAC 

Chapter 19, Electronic Reporting, under the requirements of Texas 

Health and Safety Code, 3382.017; Texas Government Code, Chapter 

2001, Subchapter B; and 40 Code of Federal Regulations 351.102, of 

the United States Environmental Protection Agency (EPA) regulations 

concerning state implementation plans (SIPS). 

The proposed rulemaking would outline the electronic reporting requirements for federally authorized programs and certain state regulatory programs. The EPA promulgated its Cross Media Electronic Reporting Rule (CROMERR) on October 13, 2005, which impacts the 

Texas Commission on Environmental Quality's federally authorized 

programs by requiring specific regulatory changes in order for the commission to accept reports and applications electronically. The proposed 

rule will not mandate electronic re~orting. Affected entities will have * - 

the option to utilize the electronic reporting alternative. Adding a chapter for electronic re~ortino will minimize the need to oDen multi~le rule 

sections now or in'the f&re in the event EPA ameAds CRO~RR. 

This rule also will establish that a person who fails to comply with 

electronic reporting procedures will be subject to the same level of enforcement as for failure to report as required. 

A public hearing on this proposal will be held in Austin on October 3, 

2006, at 2:00 p.m. at the Texas Commission on Environmental Quality located at 12100 Park 35 Circle in Building F, Room 2210. The 

hearing will be structured for the receipt of oral or written comments 

by interested persons. Individuals may present oral statements when 

called upon in order of registration. There will be no open discussion 

during the hearing; however, an agency staff member will be available 

to discuss the proposal 30 minutes prior to the hearing. 

Persons who have special communication or other accommodation 

needs who are planning to attend the hearing should contact Holly 

Vierk, Office of Legal Services, at (512) 239-0177. Requests should 

be made as far in advance as possible. 

Written comments may be submitted to Holly Vierk. MC 205, 

Office of Legal Services, Texas Commission on Environmental 

Quality, P. 0. Box 13087, Austin, Texas 78711-3087, or faxed 

to (512) 239-4808. Electronic comments may be submitted at 

htrp://www.5.tceq.state.tx.us.rules/ecommerzts/. All comments 

should reference Rule Project Number 2006-018-019-PR. The 

comment period closes October 9, 2006. Copies of the proposed rules can be obtained from the commission's Web site at 

htp://www.tceq.state.tx.us/nav/r~~les/yropose~adopt.html. For further 

information. please contact Ellette Vinyard, Permitting and Remediation Support, at (512) 239-6085. 

31 TexReg 7724 September 8,2006 Texas Registe 
TRD-200604725 

Robert Martinez 

Director, Environmental Law Division 

Texas Commission on Environmental Quality 

Filed: August 25. 2006 

Notice of Public Hearing on Proposed Revisions to 30 TAC 

Chapters 11 6 and 321 and the State Implementation Plan 

The Texas Commission on Environmental Quality (commission) will 

conduct a public hearing to receive testimony regarding proposed revisions to 30 TAC Chapter 116, Control of Air Pollution by Permits 

for New Construction or Modification, and Chapter 321, Control of 

Certain Activities by Rule, and to the state implementation plan (SIP) 

under the requirements of Texas Health and Safety Code, $382.017; 

Texas Government Code, Chapter 2001, Subchapter B; and 40 Code of 

Federal Regulations $51 .I02 of the United States Environmental Protection Agency (EPA) regulations concerning SIPS. 

The commission proposes amendments to 33116.110, 116.116, 

116.615, 116.710, 116.721, 116.787, 116.805, 116.820, 116,930, 

116.1020, 116.1021, 116.1424, and 321.43. The proposed amendments to Chapter 116 will be submitted as a revision to the state 

implementation plan. The proposed rulemaking would implement 

statutory requirements of Senate Bill 1740, 79th Legislature, 2005, 

concerning construction of facilities prior to the issuance of a permit, 

and concerning distance limits, setbacks, and buffer zones specified in 

air quality standard permits. 

A public hearing on this proposal will be held in Austin, Texas, on October 2, 2006, at 2:00 p.m., in Building B, Room 201A, at the Texas 

Commission on Environmental Quality complex located at 121 00 Park 

35 Circle. The hearing will be structured for the receipt of oral or written comments by interested persons. Registration will begin 30 minutes prior to the hearing. Individuals may present oral statements when 

called upon in order of registration. A time limit may be established at 

the hearing to assure that enough time is allowed for every interested 

person to speak. There will be no open discussion during the hearing; 

however, commission staff members will be available to discuss the 

proposal 30 minutes prior to the hearing. 

Persons planning to attend the hearing, who have special communication or other accommodation needs, should contact Lola Brown, Office 

of Legal Services, at (512) 239-0348. Requests should be made as far 

in advance as possible. 

Comments may be submitted to Lola Brown, MC 205, Texas Register 

Team, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087 or 

faxed to (512) 239-4808. Electronic comments may be submitted at 

http://ww~~5.tceq,state.txns/r~les/ecornments. The comment period 

closes October 9,2006. All comments should reference Rule Project 

Number 2005-052-1 16-PR. The proposed rules may be viewed on the 

commission's Web site at http:/hww.tceq.state.tx.i~shv/riiles/propose-adopt.htm1. For further information or questions concerning this 

proposal, please contact Michael Wilhoit, Air Permits Division, at 

(5 12) 239- 1222. 

TRD-200604738 

Robert Martinez 

Director, Environmental Law Division 

Texas Commission on Environmental Quality 

Filed: August 25, 2006 

Notice of Request for Public Comment and Notice of a Public 

Meeting for a Total Maximum Daily Load 

The Texas Commission on Environmental Quality (TCEQ or commission) has made available for public comment three draft Total Maximum Daily Loads (TMDL) for chloride, sulfate, and total dissolved 

solids in Petronila Creek Above Tidal (Segment 2204) located in Nueces and Klebeg Counties in South Texas. The TCEQ will conduct 

a public meeting to receive comments on the draft TMDL. This announcement also constitutes notice that the TMDL will become part of 

the State Water Quality Management Plan upon approval by the United 

States Environmental Protection Agency (EPA). 

Texas is rcquired to develop TMDLs for impaired water bodies included in the state of Texas Clean Water Act, 3303(d) list of impaired 

water bodies. A TMDL is a detailed water quality assessmenl that provides the scientific foundation to allocate pollutant loads in a certain 

body of water in order to restore and maintain designated uses. 

The TCEQ will conduct a public meeting on the draft TMDLs for chloride, sulfate, and total dissolved solids in Petronila Creek Above Tidal, 

located in the Nueces-Rio Grande Coastal Basin. The purpose of the 

public meeting is to provide the public an opportunity to comment 

on the draft TMDLs. The commission requests comment on each of 

the six major components of the TMDL: problem definition, endpoint 

identification, source analysis, linkage between sources and receiving 

waters, margin of safety, and pollutant loading allocation. After the 

public comment period, TCEQ staff may revise the TMDLs, if appropriate. The final TMDLs will then be considered by the commission 

for adoption. Upon adoption of the TMDLs by the commission, the final TMDLs and a response to all comments will be made available on 

the TCEQ Web site referenced in this notice. The TMDLs will then be 

submitted to EPA Region 6 for approval. Upon approval, the TMDLs 

will be certified as an update to the State of Texas Water Quality Management Plan. 

A public meeting will be held on September 20, 2006, at 7:00 p.m., 

at the Johnny S. Calderon Building, 710 East Main Sheet, Robstown, 

Texas. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the meeting; 

however, an agency staff member will be available to discuss the matter 30 minutes prior to the meeting and will answer questions before 

and after the meeting. 

Written comments should be submitted to Kerry Niemann, TCEQ 

Water Programs Division, MC 203, P.O. Box 13087, Austin, Texas 

78711-3087 or faxed to (512) 239-1414. All comments must be 

received by 5:00 p.m., October 9, 2006, and should reference, 

Three Total Maximum Daily Loads for Chloride, Sulfate, and 

Total Dissolved Solids in Petronila Creek Above Tidal, For Segment Number 2204. For further information regarding the draft 

TMDLs, please contact Kerry Niemann, Water Programs Division, 

at (512) 239-0483 or kniemann@tceq.state.tx.us. Copies of the draft 

TMDL document can be obtained via the commission's Web site at 

http://~~~~tceq.srate.tx.us/itnplementatio~.r/water/tmd/i~~dex.html, or 

by calling (5 12) 239-4900. 

Persons with disabilities who have special communicatio~i or other accommodation needs who are planning to attend the meeling should contact the commission at (512) 239-4900. Requests should be made as 

far in advance as possible. 

TRD-200604813 

Robert Martinez 

Director, Environmental Law Division 

Texas Commission on Environmental Quality 

Filed: August 29, 2006 

ADDITION September 8,2006 31 TexReg 7725 
tion agreement must be submitted to the department's Financim 

sponsibility Ver~ficat~on Program Coord~nator and the vendor. Under 

such delegation, both the MGA and the insurer shall be jo~ntly and severally responsible for full compliance w~th this programand jointly and 

seberally subject to disciplinary actions from the department for failure 

to meet program requirements. 

An insurer that commences writing personal automobile 

insurance in the Texas market more than 10 business days after the 

effective date of $5.606 of this subchapter (relating to Web Services 

program as detailed in 35.604 and 35.605 of this subchapter (relating to 

Reporting Requirements for Insurers Using the Database Program and 

Data Error Correction Requirements for Insurers Using the Database 

Program) and must begin reporting data on or before March 31,2007. 

An insurer that commences writing personal automobile 

insurance in the Texas market on or after March 1, 2007 shall have 

30 calendar days to comply with the database program requirements in 

$5.604 and $5.605 of this subchapter and begin reporting data. 

$5.610. Penalties. 

(AJ Failure of an insurer to comply with any of the requirements of this division shall subject the insurer to the enforcement and 

penalty provisions of the lnsurance Code Chapters 82, 83, and 84 and 

any other applicable law. 

(bJ In accordance with Transportation Code 3601.454, a per- son commits an offense if the person knowingly uses data obtained under Chapter 601, Subchapter N, for any purpose not authorized under 

Subchapter N. An offense under $601.454(d) is a Class B misdemeanor. 

$5.611 

In addition to complying with either the database or web 

services program requirements, an insurer may also participate in the 

testing of a transmission system based on the transmission of insurerprovided key-data to provide verification of compliance with the Texas 

Motor Vehicle Safety Responsibility Act. Participation in the test program does not qualify as means for compliance with the financial responsibility verification program. 

('bJ The test program will operate between the vendor and participating insurers only. 

The test program will apply to the event basedprocess only. 

A volunteer insurer must submit at least one file of insurance policy records, including an insurer-specific key such as NAlC 

code, directly to the vendor. 

mher specifics for the test program will be developed by 

the participating insurers with the vendor. 

This agency hereby certifies that the proposal has been reviewed 

by legal counsel and found to be within the agency's legal authority to adopt. 

Filed with the Office of the Secretary of State on August 28,2006. 

TRD-200604803 

Gene Jarmon 

General Counsel and Chief Clerk 

Texas Department of Insurance 

Earliest possible date of adoption: October 8, 2006 

For further information, please call: (512) 463-6327 

TITLE 30. ENVIRONMENTAL QUALITY 

PART 1. TEXAS COMMISSION ON 

ENVIRONMENTAL QUALITY 

CHAPTER 19. ELECTRONIC REPORTING 

The Texas Commission on Environmental Quality (TCEQ or 

commission) proposes new 5519.1, 19.3, 19.10, 19.12, and 

19.14. 

The new sections will be submitted to the United States Environmental Protection Agency (EPA) as revisions to the Texas State 

Implementation Plan and as part of a program approval application for all of the commission's federally authorized, delegated, 

or approved programs. 

BACKGROUND AND SUMMARY OF THE FACTUAL BASIS 

FOR THE PROPOSED RULES 

The purpose of the proposed rules is to implement the United 

States Environmental Protection Agency's (EPA) new Cross Media Electronic Reporting Rule (CROMERR) as published in the 

October 13, 2005, issue of the Federal Register(70 FR 59848 

- 59889), which became effective January 11, 2006. EPA finalized CROMERR to establish the framework for federal acceptability of electronic reports from regulated entities in order 

to satisfy specific document submission requirements from EPA 

regulations. Since states are delegated or authorized to implement certain federal programs, states must seek EPA approval 

to accept electronic documents for environmental programs that 

EPA has delegated, authorized, or approved states to administer in accordance with CROMERR. CROMERR does not require that any document or report be submitted electronically and 

it does not require that states receive electronic documents or 

reports. CROMERR establishes electronic reporting as an acceptable regulatory alternative, and establishes requirements to 

assure that electronic documents are as legally enforceable as 

their paper counterparts. Where states intend to receive documents or reports electronically, CROMERR specifies criteria for 

their acceptable submission, in order to ensure federal enforceability. Because CROMERR impacts the commission's authorized programs, creating Chapter 19 in 30 TAC to apply to all 

of those programs will minimize the need to revise rules for every authorized program now and in the future if EPA amends 

CROMERR. The process by which the TCEQ must obtain authorization for its electronic reporting program is generally the 

same process the agency follows in seeking approval for its environmental permitting programs. In the case of CROMERR, 

however, EPA has established a streamlined process that TCEQ 

can use to obtain such approval. That process includes a technical paper outlining how TCEQ's electronic document receiving 

system, and any known future enhancements, meet the requirements of CROMERR. The application must also include certification from the Office of the Attorney General that the rules 

and statutes in force in Texas are adequate to meet the requirements of CROMERR. This certification cannot take place until 

after the TCEQ rulemaking is effective. The TCEQ has until October 17, 2007, to apply for approval to continue accepting electronic reports and applications for our authorized programs for 

which the agency is currently receiving electronic reporting. The 

EPA has 75 days to determine whether the documents are administratively complete. Once the EPA determines that Texas 

has an administratively complete package, they have 360 days 

to determine if Texas has met the requirements of CROMERR. If 

EPA does not respond within the time frame, the system is automatically approved. For federally authorized programs not currently utilizing an electronic receiving system, there is no deadPROPOSED RULES September 8,2006 31 TexReg 7235 
line specified; however, these programs may not initiate such code or mechanism must be unique to that individual at the time 

systems until the agency receives approval under CROMERR. the signature is created and the individual must be uniauelv entiThe rules will establish a system for authorized programs to 

accept electronic submittal of reports, permit applications, and 

other specified documents using the commission's electronic 

document receiving system. These rules would establish that 

a person, as defined in 30 TAC §3.2(25), Definitions, who fails 

to comply with electronic reporting procedures will be subject to 

the same level of enforcement as one who fails to submit written 

documents as required. 

SECTION BY SECTION DISCUSSION 

The commission proposes administrative changes throughout 

these sections to be consistent with Texas Register requirements 

and other agency rules and guidelines and to conform to the 

drafting standards in the Texas Legislative Council Drafting Manual, November 2004. 

The commission proposes new Chapter 19, Electronic Reporting, tocomply with the EPA's new CROMERR as published in the 

October 13, 2005, issue of the Federal Register (70 FR 59848 

- 59889), which became effective January 11, 2006. The commission proposes the rules to define 11 terms, outline the applicability of the rules, explain the process of electronic signatures, 

and describe enforcement remedies for noncompliance. 

Subchapter A. General Provisions 

5 19.1. Definitions. 

Section 19.1 proposes to incorporate the definitions for: authorized program; copy of record; electronic document; electronic 

document receiving system; electronic signature; electronic signature agreement; electronic signature device; federal program; 

state program; handwritten signature; and signatory. 

6 19.3. Applicability. . . 

Section 19.3 proposes to set forth the applicability of Chapter 19 

to persons who submit electronic final documents to the commission to comply with regulation. This section also proposes 

that the chapter will apply to federally authorized programs and 

to state programs for which the commission has announced on 

its public Web site that it is accepting specified electronic documents. A person may submit .documents electronically only 

if such announcement has been made. Electronic documents 

must be submitted to the commission according to the requirements of Chapter 19 and following the requirements of the commission's electronic document receiving system. The commission also proposes this rule to state that documents submitted 

via facsimile, magnetic, or optical media are not subject to Chapter 19, consistent with CROMERR, and are therefore exempt 

from the requirements of this chapter. 

Subchapter B. Electronic Reporting Requirements 

5 19.10. Use of Electronic Document Receiving System. 

Section 19.10 proposes to set forth the mandate that applicable electronic documents must be submitted according to the 

requirements of Chapter 19 using the commission's electronic 

document receiving system. It further states a person may not 

allow another individual to use the electronic signature device 

unique to his or her signature. 

tled touse it. The section also proposes to set forth the directive 

that a signatory will protect the electronic signature device from 

compromise and promptly report any evidence discovered that 

the device has been compromised. An electronic signature device is compromised if the code or mechanism is available for 

use by any other individual. It further requires that electronic 

documents must bear a valid electronic signature if a signature 

would be required by the regulatory program on the paper document. This proposal stipulates an electronic signature on an 

electronic document is valid if: it has been created with an electronic signature device that the signatory is uniquely entitled to 

use for signing; the device has not been compromised; and the 

signatory is authorized to sign the document. This section would 

establish that the signatory intended to sign the document and 

submit it to the commission by the presence of an electronic signature. 

5 19.14. Enforcement. 

Section 19.1 4 proposes that an electronic signature is the legal 

equivalent of a handwritten signature. Section 19.1 4 proposes 

that a person is subject to appropriate penalties, fines, or other 

remedies under the commission rules or applicable statutes for 

failure to comply with a reporting requirement if the individual reports electronically and fails to comply with the applicable provisions for electronic reporting. This section states that nothing in 

Chapter 19 limits the use of electronic documents or information 

derived from electronic documents as evidence in enforcement 

proceedings. 

FISCAL NOTE: COSTS TO STATE AND LOCAL GOVERNMENT 

Nina Chamness, Analyst, Strategic Planning and Assessment 

Section, has determined that, for the first five-year period the 

proposed rules are in effect, nosignificant fiscal implications are 

anticipated for the commission or other units of state or local 

governments as a result of administration or enforcement of the 

proposed rules. The commission proposes the rules to implement the EPA's new rule for electronic reporting. For consenting 

participants, the commission will use the Texasonline Web portal to access the Texas Driver License (TDL) identity verification 

system to allow regulated entities to report required data electronically. The commission's costs to use Texasonline's TDL 

identity verification are not expected to exceed $5,000 per year. 

The commission and other units of state and local governments 

may see cost reductions in paper and postage costs if more reporting of data is done electronically. Any cost reductions are 

not expected to be significant. 

The commission proposes to add Chapter 19 to 30 TAC to implement CROMERR. CROMERR impacts federally authorized 

programs and places several requirements on the technical design of the electronic document receiving system used for federally authorized environmental programs. Chapter 19 will be an 

addition to existing reporting requirements specified in other program 30 TAC chapters, and will allow for the federally authorized 

programs and designated state programs to accept electronic 

submittal of reports, permit applications, and other commission 

documents. The commission proposes that by adding Chapter 

19 to TAC, the need for future rulemaking as other programs 

5 19.12. Authorized Electronic Signature. incorporate electronic reporting will be minimized. The commission also proposes the rules to specify that a person who fails Section 19.12 proposes that when the electr0nic signature de- to comply with electronic reporting procedures will be subject to vice is used to create an individual's electronic signature, the the same level of enforcement as one who fails to submit writ31 TexReg 7236 September 8, 2006 Texas Register 
ten documents as required. The EPA requires the Office of the 

Attorney General in Texas to certify the rules and statutes in effect are adequate to meet the requirements of CROMERR. This 

certification cannot take place until the proposed rulernaking is 

complete, and is not expected to have a significant fiscal impact 

on the Office of the Attorney General. 

PUBLIC BENEFITS AND COSTS 

Ms. Chamness also determined that for each year of the first 

five years the proposed new rules are in effect, the public benefit 

anticipated from the changes seen in the proposed rules will be 

more timely and accurate reporting of environmental information 

which will facilitate better decision making and a more informed 

public. 

Businesses and individuals may see reductions in paper and 

postage costs if more reporting of data is done electronically. 

Any cost reductions are not expected to be significant. 

SMALL BUSINESS AND MICRO-BUSINESS ASSESSMENT 

thorized programs and designated state programs. Promulgation and enforcement of the proposed rules will not affect private 

real property, because the proposed rulernaking is related to the 

commission's procedural rules, rather than substantive requirements. Implementation of the amendments will not result in any 

taking of real property. 

CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM 

The commission reviewed the proposed rulernaking and found 

that the rule is neither identified in Coastal Coordination Act Implementation Rules, 31 TAC 9505.11, nor will it affect any actionlauthorization identified in Coastal Coordination Act Implementation Rules, 31 TAC 9505.11. Therefore, the proposed rule 

is not subject to the Texas Coastal Management Program. 

EFFECT ON SITES SUBJECT TO THE FEDERAL OPERATING 

PERMITS PROGRAM 

The proposed rules may affect owners and operators subject to 

the federal operating permits program. If the executive-direc- No adverse fiscal implications are anticipated for small or mi- tor, in the future, announces that it will accept certain reports re- cro-businesses. Small or micro-businesses may see reductions quired by operating permits electronically, owners and operators in paper and postage costs if of data is done elec- will have the option to use the commission's electronic document tronically. Any cost reductions are not expected to be significant. receiving system in lieu of submitting paper documentation. 

LOCAL EMPLOYMENT IMPACT STATEMENT - - 

ANNOUNCEMENT OF HEARING 

The commission has reviewed this proposed rulemaking and de- A public hearing on this proposal will be held in Austin on October ternlined that a local is not re- 3, 2006, at 2:00 at the Texas Commission on Environmental quired because the proposed rules do not affect a lo- Quality located at 121 00 Park 35 Circle in Building F, Room 221 0, cal economy in a material way for the first five years that the The hearing will be structured for the receipt of oral or written proposed rules are in effect. comments bv interested persons. Individuals mav present oral 

DRAFT REGULATORY IMPACT ANALYSIS DETERMINATION statements when called upon in order of reaistratibn. There will 

The commission reviewed the proposed rulernaking in light of the 

regulatory analysis requirements of Texas Government Code, 

92001.0225, and determined the proposed rulernaking is not 

subject to $2001.0225 because it does not meet the definition 

of a "major environmental rule" as defined in the Texas Government Code. A "major environmental rule" is 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. The primary purpose of 

this proposed rulernaking action is to implement the EPA's new 

CROMERR as published in the Federal Registeron October 13, 

2005. The primary goal of this proposed rulernaking is to allow 

the commission to establish a voluntary system for the receipt of 

electronic documents under the commission's federally authorized programs and designated state programs and to provide 

standards of compliance and enforcement. The proposed rulemaking is procedural in nature and does not address environmental risks or exposures. Therefore, the proposed rulemaking 

does not constitute a major environmental rule, and thus is not 

subject to a formal regulatory analysis. The commission invites 

public comment on the draft regulatory impact analysis determination. 

TAKINGS IMPACT ASSESSMENT 

The commission completed a takings impact assessment for 

the proposed rulemaking action under Texas Government Code, 

$2007.043. The specific primary purpose of this proposed rulemaking is to implement the EPA's CROMERR and provide standards of compliance and enforcement for the commission to receive electronic reports and other documents under federally aube no open discussion during the hearing; Kowever, an agency 

staff member will be available to discuss the proposal 30 minutes 

prior to the hearing. 

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact 

Holly Vierk, Office of Legal Services, at (512) 239-0177. Requests should be made as far in advance as possible. 

SUBMllTAL OF COMMENTS 

Written comments may be submitted to Holly Vierk, MC 205, 

Office of Legal Services, Texas Commission on Environmental 

Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed 

to (512) 239-4808. Electronic comments may be submitted at 

http://www.5.tceq.state.tw.us.rules/ecommentsL All comments 

should reference Rule Project Number 2006-018-019-PR. The 

comment period closes October 9, 2006. Copies of the proposed rules can be obtained from the commission's Web site at 

http://www. tceq.state. tx.us/nav/rules/propose~adopt. html. For 

further information, please contact Ellette Vinyard, Permitting 

and Remediation Support, at (51 2) 239-6085. 

SUBCHAPTER A. GENERAL PROVISIONS 

30 TAC $19.1, $19.3 

STATUTORY AUTHORITY 

The new sections are proposed under Texas Water Code, 

$5.103, which allows the commission to adopt any rules necessary to carry out the powers and duties under the provisions 

of the Texas Water Code and other laws of this state; $5.128, 

which authorizes the commission to encourage the use of electronic reporting; 926.011, which authorizes the commission to 

adopt rules regulating water quality; 526.345, which authorizes 

PROPOSED RULES September 8,2006 31 TexReg 7237 
the commission to adopt rules regulating petroleum storage 

tanks; $27.019, which authorizes the commission to adopt 

rules regulating underground injection wells; $28.011, which 

authorizes the commission to make and enforce rules for the 

protection of underground water; $26.040, which authorizes the 

commission to adopt rules necessary to implement a general 

permit program for water quality; and $37.002, which authorizes 

the commission to adopt rules for the occupational licensing and 

registration program; Texas Health and Safety Code, $382.017, 

which authorizes the commission to adopt rules consistent with 

the policy and purpose of the Texas Clean Air Act; $341.031, 

which authorizes the commission to adopt and enforce rules 

regulating public drinking water and implementing the Federal 

Safe Drinking Water Act; $361.024, which authorizes the commission to adopt rules for the management and control of solid 

waste; $361.121, which requires the commission to establish 

an electronic reporting system for holders of permits for the 

land application of sludge; $371.028, which authorizes the commission to adopt rules regulating management of used oil; and 

$374.051, which authorizes the commission to adopt rules to 

administer and enforce the dry cleaner program, and the Texas 

Business and Commerce Code, 543.007 (electronic document 

recognition), which provides legal recognition of electronic 

records, electronic signatures, and electronic contracts. 

The proposed new sections implement Texas Water Code, 

$5.128, relating to electronic reporting; and CROMERR, the 

federal program for electronic reporting, 40 Code of Federal 

Regulations Parts 3, 9, 51, 60, 70, 71, 123, 142, 145, 162, 233, 

257, 258,271,281,403, 501,745, and 763. 

$19.1. Definitiorzs. 

In addition to the terms defined in Chapter 3 of this title (relating to 

Definitions), the following words and terms, when used in this cm 

have the following meanings. unless the context clearly indicates otherwise. 

('lJ Authorized promam--A federal program that the 

United States Environmental Protection AgencyEPA) has delegated, 

authorized, or approved the State of Texas to administer, or a propram 

that the EPA has delegated, authorized, or approved the State of Texas 

to administer in lieu of a federal program, under other provisions of 

40 Code of Federal Regulations and such delegation, authorization, or 

approval has not been withdrawn or expired. 

@ Copy of reco-y of an electronic document -- received by an-ronic document receiving syslem, 

which can be viewed in a human-readable format that clearly and accurately associates all the information provided in the electronic document with descriptions or labeling of the information. A copy of record 

includes: 

& all electronic signatures contained in or associated 

with that document; 

the date and time of receipt; and 

any other information used to record the meaning 

-- of the document or the circumstances of its receipt. 

a Electronic document--Any information that is submitted in digital form to satisfy requirements of an authorized program or 

-nated state programs. Information may include data, text, 

sounds. codes, computer programs, software, or databases. 

Electronic document receiving system--A set of apparatus, procedures, software, or records used to receive electronic documents. 

a Electronic signature--Any information in digital form 

that is included in or associated with an electronic document for the 

p-the same meaning and intention as would a handwritten signature if affixed to an equivalent paper document with the 

same reference to the same content. 

Q5J Electronic signature agreement--A document drafted 

by the executive director and signed by an individual with respes 

an electronic signature device that the individual will use to create his 

or her electronic signature. 

IZ) Electronic signature device--A code or other mechanism that is used to create electronic signatures. 

Federal program--Any prosram administered by the 

United States Environmental Protection Agency under any provision 

of 40 Code of Federal Regulations. 

a State program--Any program, other than a federal 

program administered by the United States Environmental Protection 

Agency under anyprovisionulations, that is 

implemented by the commission under the Texas Water Code, Texas 

Health and Safety Code, and other laws of the State of Texas. 

(10) Handwritten signature--The scripted name or legal 

mark of an individual, made by that individual with a marking or 

writing instrument such as a pen or stylus and executed or awith the present intention LO authenticate a writing in a permanent 

form. 

(11) Signatory--An individual authorized to and who signs 

a document using a format acceptable to the commission. 

Applicability. 

@) This chapter applies to: 

(I) persons! as defined in $3.2 of this title (relating to Definitions), and signatories who submit official, final electronic documents 

to the commission to satisfy requirements of: 

authorized programs for which the executive director has announced on the commission's public Web&e that the commission is accepting specified electronic documents; or 

state programs for which the executive director has 

announced on the commission's public Web site that the commission 

1Jacce~tingsp_ecified electronic~documentsl 

(2) the commission's electronic document receivingsy?: 

tem and other software applications implemented, revised, or modified 

as announced by the commission; and 

(3J authorized programs and state progams for which the 

executive director has announced on the commission's public Web* 

that the commission is accepting specified electronic documents. 

This chapter does not apply to: 

(1) documents submitted via facsimile; or 

electronic documents submitted via magnetic or optical 

-- media suchaccompacl disc, digital video disc, or tape. 

This agency hereby certifies that the proposal has been reviewed 

by legal counsel and found to be within the agency's legal authority to adopt. 

Filed with the Office of the Secretary of State on August 25,2006. 

31 TexReg 7238 September 8, 2006 Texas Register 
Robert Martinez 

Director, Environmental Law Division 

Texas Commission on Environmental Quality 

Earliest possible date of adoption: October 8. 2006 

For further information, please call: (512) 239-0177 

SUBCHAPTER B. ELECTRONIC REPORTING 

REQUIREMENTS 

30 TAC §$19.10, 19.12, 19.14 

STATUTORY AUTHORITY 

The new sections are proposed under Texas Water Code, 

55.1 03, which allows the commission to adopt any rules necessary to carry out the powers and duties under the provisions of 

the Texas Water Code and other laws of this state; 55.1 28, which 

authorizes the commission to encourage the use of electronic 

reporting; 526.011, which authorizes the commission to adopt 

rules regulating water quality; 526.040, which authorizes the 

commission to adopt rules necessary to implement a general 

permit program for water quality; 526.345, which authorizes 

the commission to adopt rules regulating petroleum storage 

tanks; 527.019, which authorizes the commission to adopt 

rules regulating underground injection wells; 528.011, which 

authorizes the commission to make and enforce rules for the 

protection of underground water; and 537.002, which authorizes 

the commission to adopt rules for the occupational licensing and 

registration program; Texas Health and Safety Code, s382.017, 

which authorizes the commission to adopt rules consistent with 

the policy and purpose of the Texas Clean Air Act; 5341.031, 

which authorizes the commission to adopt and enforce rules 

regulating public drinking water and implementing the Federal 

Safe Drinking Water Act; 5361.024, which authorizes the commission to adopt rules for the management and control of solid 

waste; 5361.121, which requires the commission to establish 

an electronic reporting system for holders of permits for the 

land application of sludge; 5371.028, which authorizes the commission to adopt rules regulating management of used oil; and 

5374.051, which authorizes the commission to adopt rules to 

administer and enforce the dry cleaner program, and the Texas 

Business and Commerce Code, 543.007 (electronic document 

recognition), which provides legal recognition of electronic 

records, electronic signatures, and electronic contracts. 

The proposed new sections implement Texas Water Code, 

55.128, relating to electronic reporting; and CROMERR, the 

federal program for electronic reporting, 40 Code of Federal 

Regulations Parts 3, 9, 51, 60, 70, 71, 124, 142, 145, 162, 233, 

257, 258, 271, 281, 403, 501, 745, and 763. 

$'19.10. Use of Electroriic Documer~t Receiving Svstem. 

(aJ When the executive director has announced on the commission's public Web site that it is accepting specified electronic documents, individuals who submit to the commission electronic documents 

to satisfy requirements of authorized programs 01. designated state programs must use the commission's electronic document receiving system. 

@ Authorized signatories may not allow another individual to use the electronic signature device unique to his or her signature. 

$19.12. Authorized Electronic Sigrzature. 

@ When the electronic signature device is used to create an individual's electronic signature. the code or mechanism must be unique 

toat individual at the time the signature is created and the individual 

must be uniquely entitled to use it. Signatories shall: 

(lJ protect the electronic signature device from compromise; and 

(21 report to the commission any evidence that the device 

- 

has been compromised, within one business day of the discovery. 

An electronic signature device is compromised if the code 

or mechanism is available for use by any other individual. 

An electronic document must bear the valid electronic signature of a signatory if that signatory is required under the authorized 

program or the state program to sign the paper document for which the 

electronic document substitutes. 

An electronic sisature on an electronic document is valid 

if it has been created with an electronic signature device that the identified signatory is uniquely entitled to use for signing that document; 

the device has not been compromised; and the signatory is an individual who is authorized to sign the document by virtue of his or her legal 

status and/or his or her relationship to the entity on whose behalf the 

signature is executed. 

The presence of an electronic signature on an electronic 

document submitted to the commission establishes that the signatory 

intended to sign the electronic document and to submit it to the commission to fulfill the purpose of the electronic document. 

$1 9.1 4. Erlforcement. 

@ An electronic signature on an electronic document submitted to the commission is the legal equivalent of a handwritten signature 

on a paper document submitted to the commission. 

Persons, as defined in 53.2 of this title (relating to Definitions), and sipnatories are subject to penalties, fines, and other remedies 

under commission rules or applicable statutes for failure to comply with 

a reporting requirement of the commission if the person or signatory reports electronically and fails to comply with the applicable provisions 

of this chapter, applicable statutes, commission rules, and the electronic 

participation agreement. - 

(c) Nothing in this chapter limits the use of an electronic document.copy of record, or information derived from electronic documents as evidence in enforcement proceedings. 

This agency hereby certifies that the proposal has been reviewed 

by legal counsel and found to be within the agency's legal authority to adopt. 

Filed with the Office of the Secretary of State on August 25,2006. 

TRD-200604724 

Robert Martinez 

Director. Environmental Law Division 

Texas Commission on Environmental Quality 

Earliest possible date of adoption: October 8, 2006 

For further information, please call: (512) 239-0177 

CHAPTER 90. INNOVATIVE PROGRAMS 

The Texas Commission on Environmental Quality (TCEQ or 

commission) proposes amendments to S590.2, 90.30, 90.36, 

90.40, 90.42, and 90.44. 

BACKGROUND AND SUMMARY OF THE FACTUAL BASIS 

FOR THE PROPOSED RULES 

PROPOSED RULES September 8, 2006 31 TexReg 7239 
- 

Kathleen Hartnett Wh~te, Chazrman 

Larry R. Soward, Commissioner 

Martin A. Hubert, Comtnzssioner 

Glenn Shankle, Execufive Director 

P~otec fing Texas by Reducing and Preventing Pollu fion 

NOTICE OF PUBLIC HEARING BY THE 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

ON PROPOSED REVISIONS TO 

30 TAC CHAPTER 19 AND TO THE STATE IMPLEMENTATION PLAN 

The Texas Commission on Environmental Quality will conduct a public hearing to receive testimony 

concerning revisions to 30 TAC Chapter 19, Electronic Reporting, under the requirements of Texas 

Health and Safety Code, 5382.017; Texas Government Code, Chapter 2001, Subchapter B; and 40 

Code of Federal Regulations 551.102, of the United States Eilvironmental Protection Agency (EPA) 

regulations concerning state implementation plans (SIPS). 

The proposed rulemaking would outline the electronic reporting requirements for federally authorized 

programs and certain state regulatory programs. The EPA promulgated its Cross Media Electronic 

Reporting Rule (CROMERR) on October 13, 2005, which impacts the Texas Commission on 

Environmental Quality's federally authorized programs by requiring specific regulatory changes in 

order for the commission to accept reports and applications electronically. The proposed rule will not 

mandate electronic reporting. Affected entities will have the option to utilize the electronic reporting 

alternative. Adding a chapter for electronic reporting will minimize the need to open multiple rule 

sections now or in the future in the event EPA amends CROMERR. This rule also will establish that a 

person who fails to comply with electronic reporting procedures will be subject to the same level of 

enforcement as for failure to report as required. 

A public hearing on this proposal will be held in Austin on December 4, 2006, at 10:OO a.m. at the 

Texas Commission on Environmental Quality located at 12100 Park 35 Circle in Building B, Room 

201A. The hearing will be structured for the receipt of oral or written comments by interested persons. 

Individuals inay present oral statements when called upon in order of registration. There will be no 

open discussion during the hearing; however, an agency staff member will be available to discuss the 

proposal 30 minutes prior to the hearing. 

Persons who have special cominunication or other accommodation needs who are planning to attend the 

hearing should contact Holly Vierk, Office of Legal Services, at (5 12) 239-0177. Requests should be 

made as far in advance as possible. 

Written comments may be submitted to Holly Vierk, MC 205, Office of Legal Services, Texas 

Commission on Environmental Quality, P. 0. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 

239-4808. Electronic comments may be submitted at http://www. 5. tceq. state. tx. us. rules/econzmerzts/. 

All coinmeilts should reference Rule Project Number 2006-018-019-PR. The comment period closes 

December 4, 2006. Copies of the proposed rules can be obtained from the commission's Web site at 

http://www. tceq. state. tx. us/nav/rules/propose-adopt. html. For further information, please contact 

Ellette Vinyard, Permitting and Remediation Support, at (512) 239-6085. 

P.O. Box 10087 Austin, Texas 78711-3087 5121239-1000 Internet address: vvw.tceq.state.tx.us 
WRITTEN AND 

ORAL TESTIMONY 
Reference Number 

W-1 

INDEX OF WRITTEN TESTIMONY 

Submitted by 

United States Environmental Protection Agency 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 6 

. 1445 ROSS AVENUE, SUITE 1200 

DALLAS, TX 75202-2733 

DEC QP 4 2006 

Ms. Holly Vierk 

Office of Legal Services 

Texas Commission on Environmental Quality 

P.O. Box 13087 

Austin, Texas 7871 1-3087 

Dear Ms. Vierk: 

We have reviewed the proposed revisions to the State Implementation Plan (SIP) and 

Electronic Reporting (Rule Project Nuinber 2006-01 8-01 9-PR) and have the following 

comments. From the Federal Clean Air Act perspective, the rules would establish a voluntary 

system for the receipt by the TCEQ of electronic documents required under federally authorized 

programs and designated state programs, i.e., the EPA-approved Texas SIP, the EPA-authorized 

Texas Title V program, and the EPA delegation to TCEQ for identified New Source 

Performance Standards. The State's proposal does not address the National Emission Standards 

for Hazardous Air Pollutants for source categories (40 CFR part 63). 

We support adding the proposed Electronic Reporting regulations to the SIP and other air 

programs specified above, and congratulate Texas on being the first to propose such air 

regulations. 

The proposed definition for electronic signature agreement does not appear to reference 

the requirements of proposed 30 TAC 19.12 nor does the proposed 19.12 appear to reference the 

proposed definition. h particular, the definition lacks acknowledgen~ent of an individual's 

obligations cormected with preventing compromise of the electronic signature device (30 TAC 

19.1). 

We recommend that the State add a stateluent to 30 TAC 19.10 or 19.12 that an 

electronic signature agreement inust be signed by individuals desiring to use an electronic 

signature device for submission of electronic documents. 

We recognize on page 2 of the State's preamble your understanding that the State will 

need to submit not only the adopted effective rules but also an Atto~ney General's Opinion in its 

Cross Media Electronic Reporting Rule (CROMERR) application that the rules and statutes in 

RecycledlRecyclable Printed with Vegetable 011 Based Inks on 100% Recycled Paper (40% Postconsumer) 
effect are adequate to meet the requirements of CROMERR. The CROMERR application must 

also demonstrate that the chosen electronic document receiving system meets 40 CFR 3.1000(b) 

(ii) and (iii) and 3.2000(a) (1) and (b). Consequently, the use of the Texasonline Web portal to 

access the Texas Driver License identity verification system does not relieve the State of the 

need to demonstrate to EPA in the Texas CROMERR application that this chosen electronic 

document receiving system meets the CROMERR technical design standards. Enclosed for your 

use is a checklist for use in preparing your CROMERR application. 

We appreciate the opportunity to comment on the proposed regulations. If you have 

any questions or responses concerning our comments, please contact Carl Young of my staff at 

214-665-6645. 

Sincerely yours, 

Thomas H. Diggs 

Chief 

Air Planning Section 

Enclosure 
Enclosure 

I -- - 

CROMERR System Checklist 

I Registration (e-signature cases only) 

I Business Practices: 

System Functions: 

Supporting Documentation (list attachments): 

I I 

la. (priority reports only) Identity-proofing before accepting e-signatures %I^,, + I I Business Practices: 

System Functions: 

Supporting Documentation (list attachments): 
System Functions: 

Supporting Documentation (list attachments): 

1 Business Practices: '- System Functions: -1 I Supporting Documentation (listattachments): 1 

System Functions: 

Supporting Documentation (list attachments): 
April 13, 2006 

Business Practices: 

- -- System Functions: 

Supporting Documentation (list attachments): 

Business Practices: 

System Functions: 

-- Supporting Documentation (list attachments):. 
Signature Process (e-si'gnature cases only) 1 

System Functions: 

Supporting Documentation (list attachments): 

] Business Practices: 

- 

Supporting Documentation (list attachments): I-- . .' . . . . . . . . . .. . , -. . , .! , , ;. ,;.. . ; ... .L .. ,-. . .. . .. . .(.' I> ' 

7: Oppmt",nity . . tp ,e~ie.ieeifissfi@n.,atate~Pnts and warhinp* .;, ':.;, ,; ::;L.+.?:~ :.;: : .. :;:, :,?:;:.,.: ..: ;: ; .. .. .. 'ssj] 1.1 ":, ': J.:. ': : .' . 2, , ,. . a,:.. . : '. , .. . , ., . . -- 

Business Practices: 

System Functions: 

Supporting Documentation (list attachments): I 
April 13. 2006 

1 ~ubmi&ion Process 

Business Practices: 

System Functions: ------

Supporting Documentation (list attachments): 

System Functions: 

Supporting Documentation (list attachments): 

I Supporting 

System Functions: 

Documentation (list attachments): 

-7 r 
April 13. 2006 

1 Business Practices: I I I Fystern Functions: I 

Supporting Documentation (list attachments): 

-- 

Documentation (list attachments): 

. ., +- . . .. . I, ?< , , , .,. . . . . , .. , ., ~ 

11.; @r+ediires'td <..*,. flgg-accidenthi . , submissions . '. .. . .. ... . ., .,?; , v; ,! , <.! .. . . ., . , . . . , . . , . . ~. ., , 

-- ;. . . s...r , .:: .'. 

-- - -. . .- . . -- - 1 Business Practices: 

system Functions: I 

Supporting Documentation (list attachments): 

I 
April 13. 2006 

Business Practices: 

- 

System Functions: 

~u~~ortin~-~ocurnentation (lst attachments): - I 
I Signature Validation (e-signature cases only) 

Business Practices: 

Business Practices: 

System Functions: 

Supporting Documentation (list attachments): 

1 System Functions: 

Supporting Documentation (list attachments): 
April 13. 2006 

' System Functions: 

Supporting Documentation (list attachments): 

Business Practices: 

System Functions: 

Supporting Documentation (list attachments): 

s Supporting 

System Functions: 

Documentation (list attachments): 

7 
Business Practices: 

System Functions: 

Supporting Documentation (list attachments): 

Business Practices: 

System Functions: 

- 

Supporting Documentation (list attachments): 
April 13, 2006 

Copy of Record 

Business Practices: 

Supporting Documentation (list attachments): 

System Functions: s 

Business Practices: 

System Functions: 

Supporting Documentation (list attachments): 

Business Practices: 

system Functions: 

I Supporting Documentation (list attachments): 
April 13. 2006 

.i: .\':.. a'" .. . :. < 

Business Practices: 

System Functions: 

Supporting Documentation (list attachments): 

Business Practices: 

System Functions: 

Supporting Documentation (list attachments): 

I. 

#. qely availability of copy bf record as needed- . '*, A;9% .. .%, . , ,)* 

3. ,, , :.. *-% (. % ~h ', . - - - - - - < '-;?r'21: >>-I > ,I: 

--- 

Business Practices: 

System Functions: 

Supporting Documentation (list attachments): 
April 13. 2006 

Business Practices: 

System Functions: 

Supporting Documentation (list attachments): 
INDEX OF ORAL TESTIMONY 

No oral testimony was received pertainiqg to this proposal. 
EVALUATION OF 

TESTIMONY 
Texas Commission on Environmental Quality INTEROFFlCE MEMORANDUM 

- 

To: Commissioners Date: January 19, 2007 

Thru: LaDonna Castafiuela, Chief Clerk 

Glenn Shankle, Executive Director 

From: p~an Eden, Deputy Director 

Office of Permitting, Remediation and Registration 

Docket No.: 2006-0525-RUL 

Subject: Commission Approval for ~ulemakin~ Adoption 

Chapter 19, Electronic Reporting 

Rule Project No. 2006-01 8-019-PR 

Reasons for the rule package: 

The United States Environmental Protection Agency's (EPA) Cross Media Electroilic Reporting 

Rule (CROMERR) was promulgated on October 13, 2005. This rule impacts the Texas Commission 

on Environmental Quality's (TCEQ) federally authorized programs by requiring specific regulatory 

changes in those programs in order for the agency to accept reports and applications electronically. 

CROMERR establishes performallce standards against which TCEQ's electronic document receiving 

system will be evaluated before EPA will approve changes to any of the agency's delegated, 

authorized, or approved programs to provide electronic reporting. The standards are necessary to 

ensure the legal enforceability of the documents. Additionally, the rule package provides authority 

for the commission to include designated state-only programs in the commission's electronic 

document receiving system. Electronic reporting under this rule is voluntary for regulated entities of 

state programs and federally authorized programs. 

Under what authority are we adopting these changes? 

Texas Water Code, 555.103, 5.128,26.011, 26.040,26.345, 27.019,28.011, and 37.002; 

Texas Health and Safety Code, 55341.03 1,36 1.024, 361.121, 371,028,374.05 1, and 382.017; and 

Texas Business and Cormnerce Code, $43.007 

1s this rulemaking required by federal rule or state statute? Federal - The United States 

Environnlental Protection Agency. For federally authorized programs, it is only required to the 

extent TCEQ desires to accept electronic reporting in lieu of paper submissions. For state-only 

programs, the rulemaking is not required by statute, but is recommended because it will enable the 

con~mission to provide one system with one set of criteria for participants in ~ts electronic document 

receiving system. 

Which ones? 

CROMERR-40CFRParts3,9, 51,60,63,69, 70,71, 123, 142, 145, 162,233,257,258,271,281, 

403,501,745, and 763. 

rn Are there any legal deadlines by which these rules must be adopted or effective? 

The federal rule became effective January 11, 20C6. Agencies already receiving electronic 

documents under an authonzed program, such as the TCEQ, must submit an application to revlse or 
lie: r,~cit~i NO. 2006-0525~~~ 

111odiSy such authorized program to achieve conlpliance with CROMEI<R no later than October 13, 

2007. This provides the agency until April 5, 2007, to adopl the new CROMERR rules in order to 

pro~iide six months for certification by the Office of the Attorney General. 

c What issueqs) or problem(s) are we trying to solve? All reporting requirements under 

environmental progarns that EPA has delegated, authorized, or approved the TCEQ to administer 

are affected by and must adhere to CROMERR if the reports are s~hrnitted' electronically. 

Additionally, including designated state-only programs in this rulemalting will allow tl~e commission 

to apply the s:u~ne standards to regulated entities in those programs wit11 regard to enli)rceability 2nd 

elin~iilale the need to operate and illaintain n~ultiple electronic receiving systems. 

Q Why is it important that we do this rnIe package? Assumillg the TCEQ wishes to continue to 

allow regulated entities to utilize electronic reporting, we must adhere to the EPA's requiremellts as 

set forth in CROMERR for federally authorized programs. Additionally, applying one set of 

standards through this rule to federal programs and designated state-only programs wi1.l assist the 

coinmission in its efforts to utilize one electronic docunlent receiving system. It will also provide the 

coin~nission the flexibility to enhance current electronic reporting requirements and also encourage 

certain pop~~lations of regulated entities to increase use of electronic reporting by allowing more 

user-friendly electronic reporting standards. 

o Other important background or P~istorical information. 

The process by which the TCEQ must obtain authorization for its electronic reporting proganl IS 

generally the same process the agency follows in seeking approval for its enviroillnental pem~lttmg 

programs. In the case of CROMERR, however, EPA has established a streamlined process that 

TCEQ can use to obtain such approval. That process includes a teclmical paper outlining how 

TCEQ's elecll-onic report receiving system, and any known future enhancements, ineet the 

requirenlents of CROMEIIR. The application must also include certification frorn the Office of the 

Attorney General that the mles and statutes in force in Texas are adequate lo meet the requirelncnts 

of CROMERR. This cerlificalion cannot take place until after the TCEQ rulcinalting is erfective. 

The TCEQ has until October 13, 2007, to apply for approval to continue accepting electronic rcports 

and applications for our authorized progams for which the agency is currently receiving electrol~lc 

reporting. The EPA has 75 days to determine whether the documents are administratively complete. 

Once EPA determines that Texas has an administratively conlplete package, they have 360 days to 

determine if Texas has inet the req~~iren~ents of CROMERR. If EPA does not respond within the 

time frame, the system is automatically approved. For fedcrally authorized programs not currently 

utilizing an electronic receiving system, there is no deadline specified; however, these prograins nlay 

not initiate such systems until the agency receives approval under CROMERR. 

Scope of the rulemaking: 

A chapter is to be added to the Texas Administrative Code (TAC) outliiling the electronic reporting 

requircments for agency programs. This will mininlize tl~e need to open nl~lltiple rule sections now 

or in the future in the event EPA anlends CIIOMEIIR. This rule also will establish that a pesson 

who elects to s~~bmit electsonic docuinents and fails to comply with electronic reporting procedures 

will be subject to the sanle level of ellforcement as for fi~ilure to report as required. 
Commissioners 

Page 3 

January 19, 2007 

Re: Docket No. 2006-0525-RUL 

• Changes required by federal rule: . incorporate EPA regulations regarding electronic reporting for federally authorized 

programs; 

incorporate EPA regulations regarding electronic signature device; 

. incorporate EPA regulations regarding the responsibilities and liabilities of the signatory of 

an electronic document; 

. incorporate EPA regulations regarding the enforcement for failure to adhere to electronic 

reporting rules to be the same as failure for submitting a report as required by rule. 

• Changes required by state statute: None. 

. Staff recommendations that are not expressly required by federal rule or state statute: 

rn apply CROMERR across media for all electronic reporting requirements for TCEQ 

programs whether federally authorized or state mandated. 

Impact on the regulated community: 

rn Who will be affected? All entities regulated by the TCEQ under environmental programs that EPA 

has delegated, authorized, or approved the TCEQ to administer as well as all entities regulated by 

TCEQ under state law for programs that TCEQ has announced that electronic reporting is 

authorized. 

rn Does it create a group of affected persons who were not affected previously? No. The TCEQ's 

electronic reporting system(s) currently comply with CROMERR. The TCEQ however, is required 

by CROMERR to implement rules for electronic reporting. Mow? NIA. 

rn Will there be a fiscal impact? No significant fiscal implications are anticipated for the commission 

or other units of state or local govemnients as a result of adininistration or enforcement of the 

adopted rules. 

If so, estimate. 

For participants who opt to use the Texas Driver License (TDL) in lieu of signing an electronic 

signature agreement, the commission will use the Texasonline Web portal to access the Texas 

Driver License (TDL) identity verification system to allow regulated entities to report required data 

electronically. The commission's costs to use TexasOnline7s TDL identity verification are not 

expected to exceed $5,000 per year. The colnmission and other units of state and local governments 

may see cost reductions in paper and postage costs if more reporting of data is done electronically. 

Impact on the public: 

. Who will be affected? For certaln documents it is expected the general public will have improved 

access as a result of electronic reporting. 

. Does it create a groiip of affected persoils who were iiGt affected prfiiously? No 

How? NIA. 
Re: Docl<ct No. 2006-0525-RUL 

D Will tlnere be a fiscal impact? No. If so, estimxte. IWA. 

Impact on agcllcy programs: 

o There will not be an imn~edi ate impact on agency programs. By adding Chapter 1 9, the TCEQ will 

have consistency with technical guitlclincs for elecll.onic repol.ting regardless orpl.ograrn 11-~cdia. 

Have any stakeholder nneetinzgs been held? No, this was an EPA mandate. 

o With whom? NIA. 

* Wlmat were the general sentiments? NIA. 

Were any changes made in response to stakeholder concerns? NIA. 

Policy Issues: 

b What policy issues are affected? None. 

a Are any policies that are not ctarrently based on rule being made into a rule? No 

e What are the consequences if this rulemaking is not approved to go forward? The TCEQ will 

not be able to accept reports and docuinents electronically in lieu of paper subrnissions for 

federally authorized prograins after October 13, 2007. 

a Are there alternatives? No. 

Potentially controversial matters: None. 

Key points in adoption rulemaking schedule: 

Texas Register proposal publication date: September 8, 2006 

e Anticipated effective date: March 1, 2007 

Six-month Texas Register filing deadline: March 8, 2007 

Public comment: The proposal was published in the September 8, 2006, issue of the Texas Register (31 

TexReg 7235). The coinmission held a public hearing oil October 3, 2006, and on December 4, 2006. 

The coillment period closed on December 4, 2006. The colnmission received conlrnents from the EPA. 

EPA supported adding the proposed Electronic Reporting regulations to the SIP and other air programs 

alld congratulated Texas on being the first to propose such air regulations. 
Comniissio~~ers 

Page 5 

January 19, 2007 

Re: Docket No. 2006-0525-RLTL 

Changes from proposal: The commission added that obligations on the individual's part are included 

within the electronic signature agreement. The commission also made a change to state that individuals 

desiring to use an electronic signature device must execute an electronic signature agreement with 

handwritten wet ink signature or by using an electronic identity verification system utilized by the 

comnission. 

Agency contacts: 

Ellette H. Vinyard, Rule Project Manager, 239-6085, Permitting and Remediation Support 

Greg Nudd, Information Strategic Plan Manager, 239-1247 

James Sallans, Staff Attorney, 239-2053 

Holly Vierk, Texas Register Coordinator, 239-0 177 

cc: Chief Clerk, 5 copies 

Executive Director's Office 

David C. Schanbacher, P.E. 

Jason Skaggs 

Ashley K. Wadick 

Office of General Counsel 

Ellette H. Vinyard 

Holly Vierk 

cc (without attachments): 

Jim Sallans, Staff Attorney 

Debi Dyer, Program Office Liaison 

Ellette Vinyard, Division Liaison 

Stephanie Bergeron, OLS Liaison 

Russ IGinble, OLS 
EVALUATION OF TESTIMONY 

The Texas Commission on Environmental Quality (TCEQ or commission) adopts new $$19.1, 19.3, 

19.10, 19.12, and 19.14. Sections 19.1 and 19.10 are adopted with changes to the proposed text as 

published in the September 8, 2006, issue of the Texas Register (31 TexReg 7235). Sections 19.3, 

19.12, and 19.14 are adopted without changes to the proposed text and will not be republished. 

The new sections will be submitted to the United States Environmental Protection Agency (EPA) as 

revisions to the Texas State Implementation Plan and as part of a program approval application for all 

of the commission's federally authorized, delegated, or approved programs. 

BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE ADOPTED RULES 

The purpose of the rules is to implement the United States Environmental Protection Agency's (EPA) 

new Cross Media Electronic Reporting Rule (CROMERR) as published in the October 13, 2005, issue 

of the Federal Register (70 FR 59848 - 59889), which became effective January 11, 2006. EPA 

finalized CROMERR to establish the framework for federal acceptability of electronic reports from 

regulated entities in order to satisfy specific document submission requirements from EPA regulations. 

Since states are delegated or authorized to implement certain federal programs, states must seek EPA 

approval to accept electronic documents for environmental programs that EPA has delegated, 

authorized, or approved states to administer in accordance with CROMERR. CROMERR does not 

require that any document or report be submitted electronically and it does not require that states 

receive electronic documents or reports. CROMERR establishes electronic reporting as an acceptable 

regulatory alternative, and establishes requirements to assure that electronic documents are as legally 

enforceable as their paper counterparts. Where states intend to receive documents or reports 

1 
electronically, CROMERR specifies criteria for their acceptable submission, in order to ensure federal 

enforceability. Because CROMERR impacts the commission's authorized programs, creating Chapter 

19 in 30 TAC to apply to all of those programs will minimize the need to revise rules for every 

authorized program now and in the future if EPA amends CROMERR. The process by which the 

TCEQ must obtain authorization for its electronic reporting program is generally the same process the 

agency follows in seeking approval for its environmental permitting programs. In the case of 

CROMERR, however, EPA has established a streamlined process that TCEQ can use to obtain such 

approval. That process includes a technical paper outlining how TCEQ's electronic document 

receiving system, and any known future enhancements, meets the requirements of CROMERR. The 

application must also include certification from the Office of the Attorney General that the rules and 

statutes in force in Texas are adequate to meet the requirements of CROMERR. This certification 

cannot take place until after the TCEQ rulemaking is effective. The TCEQ has until October 13, 2007, 

to apply for approval to continue accepting electronic reports and applications for authorized programs 

for which the agency is currently receiving electronic reporting. The EPA has 75 days to determine 

whether the documents are administratively complete. Once the EPA determines that Texas has an 

administratively complete package, they have 360 days to determine if Texas has met the requirements 

of CROMERR. If EPA does not respond within the time frame, the system is automatically approved. 

For federally authorized programs not currently utilizing an electronic receiving system, there is no 

deadline specified; however, these programs may not initiate such systems until the agency receives 

approval under CROMERR. 

The rules establish a system for authorized programs to accept electronic submittal of reports, permit 

applications, and other specified documents using the commission's electronic document receiving 
system. These rules establish that a person, as defined in 30 TAC §3.2(25), Definitions, who fails to 

comply with electronic reporting procedures will be subject to the same level of enforcement as one 

who fails to submit written documents as required. 

SECTION BY SECTION DISCUSSION 

The commission adopts admigistrative changes throughout these sections to be consistent with Texas 

Register requirements and other agency rules and guidelines and to conform to the drafting standards in 

the Texas Legislative Council Drafting Manual, August 2006. 

The commission adopts new Chapter 19, Electronic Reporting, to comply with the EPA's new 

CROMERR as published in the October 13, 2005, issue of the Federal Register (70 FR 59848 - 

59889), which became effective January 11, 2006. The commission adopts the rules to define 11 

terms, outline the applicability of the rules, explain the process of electronic signatures, and describe 

enforcement remedies for noncompliance. 

Subchapter A - General Provisions 

$1 9.1. Dejinitions. 

Section 19.1 incorporates the definitions for: authorized program; copy of record; electronic 

document; electronic document receiving system; electronic signature; electronic signature agreement; 

electronic signature device; federal program; state program; handwritten signature; and signatory. 

Since proposal, the commission added that obligations on the individual's part are included within the 

electronic signature agreement. 
519.3. Applicability. 

Section 19.3 sets forth the applicability of Chapter 19 to persons who submit electronic final documents 

to the commission to comply with regulation. This section also affirms that the chapter will apply to 

federally authorized programs and to state programs for which the commission has announced on its 

public Web site that it is accepting specified electronic documents. A person may submit documents 

electronically only if such announcement has been made. Electronic documents must be submitted to 

the commission according to the requirements of Chapter 19 and following the requirements of the 

commission's electronic document receiving system. The commission also adopts this rule to affirm 

that documents submitted via facsimile, magnetic, or optical media are not subject to Chapter 19, 

consistent with CROMERR, and are therefore exempt from the requirements of this chapter. 

Subchapter B - Electronic Reporting Requirements 

$1 9.10. Use of Electronic Document Receiving System. 

Section 19.10 sets forth the mandate that applicable electronic documents must be submitted according 

to the requirements of Chapter 19 using the commission's electronic document receiving system. It 

further affirms a person may not allow another individual to use the electronic signature device unique 

to his or her signature. Since proposal, the commission added that individuals desiring to use an 

electronic signature device must execute an electronic signature agreement with handwritten wet ink 

signature or by using an electronic identity verification system utilized by the commission. 

$1 9.12. Authorized Electronic Signature. 

Section 19.12 affirms that when the electronic signature device is used to create an individual's 

electronic signature, the code or mechanism must be unique to that individual at the time the signature 
is created and the individual must be uniquely entitled to use it. The section also sets forth the 

directive that a signatory will protect the electronic signature device from compromise and promptly 

report any evidence discovered that the device has been compromised. An electronic signature device 

is compromised if the code or mechanism is available for use by any other individual. It further 

requires that electronic documents must bear a valid electronic signature if a signature would be 

required by the regulatory program on the paper document. This rulemaking stipulates an electronic 

signature on an electronic document is valid if: it has been created with an electronic signature device 

that the signatory is uniquely entitled to use for signing; the device has not been compromised; and the 

signatory is authorized to sign the document. This section establishes that the signatory intended to 

sign the document and submit it to the commission by the presence of an electronic signature. 

$1 9.14. Enforcement. 

Section 19.14 affirms that an electronic signature is the legal equivalent of a handwritten signature. 

Section 19.14 affirms that a person is subject to appropriate penalties, fines, or other remedies under 

the commission rules or applicable statutes for failure to comply with a reporting requirement if the 

individual reports electronically and fails to comply with the applicable provisions for electronic 

reporting. This section affirms that nothing in Chapter 19 limits the use of electronic documents or 

information derived from electronic documents as evidence in enforcement proceedings. 

FINAL REGULATORY IMPACT ANALYSIS DETERMINATION 

The commission reviewed the rulemaking in light of the regulatory analysis requirements of Texas 

Government Code, 52001.0225, and determined the rulemaking is not subject to $2001.0225 because it 

does not meet the definition of a "major environmental rule" as defined in the Texas Government 
Code. A "major environmental rule" is 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. The primary purpose of this rulemaking action is to 

implement the EPA's new CROMERR as published in the Federal Register on October 13, 2005. The 

primary goal of this rulemaking is to allow the commission to establish a voluntary system for the 

receipt of electronic documents under the commission's federally authorized programs and designated 

state programs and to provide standards of compliance and enforcement. The rulemaking is procedural 

in nature and does not address environmental risks or exposures. Therefore, the rulemaking does not 

constitute a major environmental rule, and thus is not subject to a formal regulatory analysis. The 

commission solicited public comment on the draft regulatory impact analysis determination. No 

comments were received on the draft regulatory impact analysis determination. 

TAKINGS IMPACT ASSESSMENT 

The commission completed a takings impact assessment for the rulemaking action under Texas 

Government Code, 52007.043. The specific primary purpose of this rulemaking is to implement the 

EPA's CROMERR and provide standards of compliance and enforcement for the commission to 

receive electronic reports and other documents under federally authorized programs and designated 

state programs. Promulgation and enforcement of the adopted rules will not affect private real 

property, because the adopted rulemaking is related to the commission's procedural rules, rather than 

substantive requirements. Implementation of the amendments will not result in any taking of real 

property 
CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM 

The commission reviewed the rulemaking and found that the rule is neither identified in Coastal 

Coordination Act Implementation Rules, 31 TAC $505.11, nor will it affect any action/authorization 

identified in Coastal Coordination Act Implementation Rules, 3 1 TAC $505.11. Therefore, the 

adopted rule is not subject to the Texas Coastal Management Program. The commission invited public 

comment regarding the consistency of the rules with the CMP. No comments were received regarding 

the consistency of the rules with the CMP. 

EFFECT ON SITES SUBJECT TO THE FEDERAL OPERATING PERMITS PROGRAM 

The adopted rules may affect owners and operators subject to the federal operating permits program. 

If the executive director, in the future, announces that it will accept certain reports required by 

operating permits electronically, owners and operators will have the option to use the commission's 

electronic document receiving system in lieu of submitting paper documentation. 

PUBLIC COMMENT 

The proposal was published in the September 8, 2006, issue of the Texas Register (31 TexReg 7235). 

The commission held a public hearing on October 3, 2006 and on December 4, 2006. The comment 

period closed on December 4, 2006. The commission received comments from the Environmental 

Protection Agency (EPA). 

RESPONSE TO COMMENTS 

EPA supported adding the proposed Electronic Reporting regulations to the SIP and other air programs 

and congratulated Texas on being the first to propose such air regulations. EPA noted that the state's 
proposal does not address the National Emission Standards for Hazardous Air Pollutants for source 

categories (40 CFR Part 63). EPA commented that the proposed definition for electronic signature 

agreement does not appear to reference the requirements of proposed $19.12 nor does the proposed 

$19.12 appear to reference the proposed definition. EPA further stated that the definition lacks 

acknowledgement of an individual's obligations connected with preventing compromise of the 

electronic signature device ($ 19.1). 

The commission did not make any changes to the rule in response to the comment regarding the 

National Emission Standards for Hazardous Air Pollutants because it is outside the scope of the 

rulemaking which is to specifically address electronic reporting. The commission agrees with 

EPA's other comments and has added to the definition that obligations on the individual's part 

are included within the electronic signature agreement. The commission also made a change to 

§19.10(b) to state that individuals desiring to use an electronic signature device must execute an 

electronic signature agreement with handwritten wet ink signature or by using an electronic 

identity verification system utilized by the commission. The commission appreciates EPA's 

support. 
STAFF 

RECOMMENDATIONS 
CHAPTER 19: ELECTRONIC REPORTING 

SUBCHAPTER A: GENERAL PROVISIONS 

$19.1, $19.3 

STATUTORY AUTHORITY 

The new sections are adopted under Texas Water Code, $5.103, which allows the commission to adopt 

any rules necessary to carry out the powers and duties under the provisions of the Texas Water Code and 

other laws of this state; $5.128, which authorizes the commission to encourage the use of electronic 

reporting; 526.01 1, which authorizes the commission to adopt rules regulating water quality; 526.345, 

which authorizes the commission to adopt rules regulating petroleum storage tanks; 527.019, which 

authorizes the commission to adopt rules regulating underground injection wells; 528.01 1, which 

authorizes the commission to make and enforce rules for the protection of underground water; 526.040, 

which authorizes the commission to adopt rules necessary to implement a general permit program for 

water quality; and 537.002, which authorizes the commission to adopt rules for the occupational licensing 

and registration program; Texas Health and Safety Code, 5382.017, which authorizes the commission to 

adopt rules consistent with the policy and purpose of the Texas Clean Air Act; $341.03 1, which 

authorizes the commission to adopt and enforce rules regulating public drinking water and implementing 

the Federal Safe Drinking Water Act; 5361.024, which authorizes the commission to adopt rules for the 

management and control of solid waste; 5361.12 1, which requires the commission to establish an 

electronic reporting system for holders of permits for the land application of sludge; 5371.028, which 

authorizes the commission to adopt rules regulating management of used oil; and 5374.051, which 

authorizes the commission to adopt rules to administer and enforce the dry cleaner program, and the 

Texas Business and Commerce Code, 543.007 (electronic document recognition), which provides legal 

recognition of electronic records, electronic signatures, and electronic contracts. 
The adopted new sections implement Texas Water Code, 35.128, relating to electronic reporting; and 

CROMERR, the federal program for electronic reporting, 40 Code of Federal Regulations Parts 3, 9, 51, 

60, 70,71, 123, 142, 145, 162, 233, 257,258,271,281, 403, 501,745, and 763. 

519.1. Definitions. 

In addition to the terms defined in Chapter 3 of this title (relating to Definitions), the following words and 

terms, when used in this chapter, have the following meanings, unless the context clearly indicates 

otherwise. 

(1) Authorized program--A federal program that the United States Environmental 

Protection Agency (EPA) has delegated, authorized, or approved the State of Texas to administer, or a 

program that the EPA has delegated, authorized, or approved the State of Texas to administer in lieu of a 

federal program, under other provisions of 40 Code of Federal Regulations and such delegation, 

authorization, or approval has not been withdrawn or expired. 

(2) Copy of record--A true and correct copy of an electronic document received by an 

electronic document receiving system, which can be viewed in a human-readable format that clearly and 

accurately associates all the information provided in the electronic document with descriptions or labeling 

of the information. A copy of record includes: 

(A) all electronic signatures contained in or associated with that document; 

(B) the date and time of receipt; and 
(C) any other information used to record the meaning of the document or the 

circumstances of its receipt. 

(3) Electronic document--Any information that is submitted in digital form to satisfy 

requirements of an authorized program or other designated state programs. Information may include data, 

text, sounds, codes, computer programs, software, or databases. 

(4) Electronic document receiving system--A set of apparatus, procedures, software, or 

records used to receive electronic documents. 

(5) Electronic signature--Any information in digital form that is included in or 

associated with an electronic document for the purpose of expressing the same meaning and intention as 

would a handwritten signature if affixed to an equivalent paper document with the same reference to the 

same content. 

(6) Electronic signature agreement--A document drafted by the executive director and 

signed by an individual with respect to an electronic signature device that the individual will use to create 

his or her electronic signature and whereon the individual acknowledges the obligations connected with 

preventing compromise of the electronic signature device. 

(7) Electronic signature device--A code or other mechanism that is used to create 

electronic signatures. 

(8) Federal program--Any program administered by the United States Environmental 

Protection Agency under any provision of 40 Code of Federal Regulations. 

3 
(9) State program--Any program, other than a federal program administered by the 

United States Environmental Protection Agency under any provision of 40 Code of Federal Regulations, 

that is implemented by the commission under the Texas Water Code, Texas Health and Safety Code, and 

other laws of the State of Texas. 

(10) Handwritten signature--The scripted name or legal mark of an individual, made 

by that individual with a marking or writing instrument such as a pen or stylus and executed or adopted 

with the present intention to authenticate a writing in a permanent form. 

(1 1) Signatory--An individual authorized to and who signs a document using a format 

acceptable to the commission. 

$19.3. Applicability. 

(a) This chapter applies to: 

(1) persons, as defined in $3.2 of this title (relating to Definitions), and signatories who 

submit official, final electronic documents to the commission to satisfy requirements of: 

(A) authorized programs for which the executive director has announced on the 

commission's public Web site that the commission is accepting specified electronic documents; or 

(B) state programs for which the executive director has announced on the 

commission's public Web. site that the commission is accepting specified electronic documents; 
(2) the commission's electronic document receiving system and other software 

applications implemented, revised, or modified as announced by the commission; and . 

(3) authorized programs and state programs for which the executive director has 

announced on the commission's public Web site that the commission is accepting specified electronic 

documents. 

(b) This chapter does not apply to: 

(1) documents submitted via facsimile; or 

(2) electronic documents submitted via magnetic or optical media such as diskette, compact disc, 

digital video disc, or tape. 
SUBCHAPTER B: ELECTRONIC REPORTING REQUIREMENTS 

#19.10, 19.12,19.14 

STATUTORY AUTHORITY 

The new sections are adopted under Texas Water Code, 55.103, which allows the commission to adopt 

any rules necessary to cany out the powers and duties under the provisions of the Texas Water Code and 

other laws of this state; $5.128, which authorizes the commission to encourage the use of electronic 

reporting; 526.01 1, which authorizes the commission to adopt rules regulating water quality; 526.040, 

which authorizes the commission to adopt rules necessary to implement a general permit program for 

water quality; 526.345, which authorizes the commission to adopt rules regulating petroleum storage 

tanks; 527.019, which authorizes the commission to adopt rules regulating underground injection wells; 

$28.01 1, which authorizes the commission to make and enforce rules for the protection of underground 

water; and $37.002, which authorizes the commission to adopt rules for the occupational licensing and 

registration program; Texas Health and Safety Code, 53 82.0 17, which authorizes the commission to adopt 

rules consistent with the policy and purpose of the Texas Clean Air Act; $341.03 1, which authorizes the 

commission to adopt and enforce rules regulating public drinking water and implementing the Federal 

Safe Drinking Water Act; 5361.024, which authorizes the commission to adopt rules for the management 

and control of solid waste; 5361.121, which requires the commission to establish an electronic reporting 

system for holders of permits for the land application of sludge; 5371.028, which authorizes the 

commission to adopt rules regulating management of used oil; and 5374.05 1, which authorizes the 

commission to adopt rules to administer and enforce the dry cleaner program, and the Texas Business and 

Commerce Code, 543.007 (electronic document recognition), which provides legal recognition of 

electronic records, electronic signatures, and electronic contracts. 
The adopted new sections implement Texas Water Code, 55.128, relating to electronic reporting; and 

CROMERR, the federal program for electronic reporting, 40 Code of Federal Regulations Parts 3,9, 51, 

60,70, 71, 124, 142, 145, 162, 233,257, 258,271,281,403, 501,745, and 763. 

519.10. Use of Electronic Document Receiving System. 

(a) When the executive director has announced on the commission's public Web site that it is 

accepting specified electronic documents, individuals who submit to the commission electronic 

documents to satisfy requirements of authorized programs or designated state programs must use the 

commission's electronic document receiving system. 

(b) Individuals desiring to use an electronic signature device must execute an electronic signature 

agreement with handwritten wet ink signature or by using an electronic identity verification system 

utilized by the commission. 

(c) Authorized signatories may not allow another individual to use the electronic signature device 

unique to his or her signature. 

519.12. Authorized Electronic Signature. 

(a) When the electronic signature device is used to create an individual's electronic signature, the 

code or mechanism must be unique to that individual at the time the signature is created and the 

individual must be uniquely entitled to use it. Signatories shall: 

(1) protect the electronic signature device from compromise; and 

7 
(2) report to the commission any evidence that the device has been compromised, within 

one business day of the discovery. 

(b) An electronic signature device is compromised if the code or mechanism is available for use 

by any other individual. 

(c) An electronic document must bear the valid electronic signature of a signatory if that 

signatory is required under the authorized program or the state program to sign the paper document for 

which the electronic document substitutes. 

(d) An electronic signature on an electronic document is valid if it has been created with an 

electronic signature device that the identified signatory is uniquely entitled to use for signing that 

document; the device has not been compromised; and the signatory is an individual who is authorized to 

sign the document by virtue of his or her legal status and/or his or her relationship to the entity on whose 

behalf the signature is executed. 

(e) The presence of an electronic signature on an electronic document submitted to the 

commission establishes that the signatory intended to sign the electronic document and to submit it to the 

commission to fulfill the purpose of the electronic document. 

519.14. Enforcement. 

(a) An electronic signature on an electronic document submitted to the commission is the legal 

equivalent of a handwritten signature on a paper document submitted to the commission. 
(b) Persons, as defined in $3.2 of this title (relating to Definitions), and signatories are subject to 

penalties, fines, and other remedies under commission rules or applicable statutes for failure to comply 

with a reporting requirement of the commission if the person or signatory reports electronically and fails 

to comply with the applicable provisions of this chapter, applicable statutes, commission rules, and the 

electronic participation agreement. 

(c) Nothing in this chapter limits the use of an electronic document, copy of record, or 

information derived from electronic documents as evidence in enforcement proceedings. 
ORDER ADOPTING NEW RULES AND 

REVISIONS TO THE STATE IMPLEMENTATION PLAN 

Docket No. 2006-0525-RUL 

On February 7, 2007, the Texas Commission on Environmental Quality (Coinmission), during a 

public meeting, considered adoption of new $$ 19.1, 19.3, 19.10, 19.12, and 19.14. The Commission 

adopts these new sections in Chapter 19, Electronic Reporting; and corresponding revisions to the state 

implementation plan (SIP). The adopted rule outlines the electronic reporting requirements for agency 

programs. The United States Environmental Protection Agency (EPA) promulgated its Cross Media 

Electronic Reporting Rule (CROMERR) on October 13, 2005, which impacts the Texas Commission on 

Environmental Quality's federally authorized programs by requiring specific regulatory changes in those 

prograins in order for the coinmission to accept reports and applications electronically. Adding a chapter 

for electronic reporting will minimize the need to open multiple rule sections now or in the future in the 

event EPA amends CROMERR. 

This rule also will establish that a person who fails to comply with electronic reporting procedures will be 

subject to the same level of enforcement as for failure to report as required. 

Under Tex. Health & Safety Code Ann. $§ 382.011, 382.012, and 382.023 (Vernon 2001), the 

Coininission has the authority to control the quality of the state's air and to issue orders consistent with the 

policies and purposes of the Texas Clean Air Act, Chapter 382 of the Tex. Health & Safety Code. The 

proposed rule was/rules were publislled for coininent in the September 8, 2006 issue of the Texas Register 

(31 TexReg 72353. 

Pursuailt to Tex. Health & Safety Code Ann. $ 382.017 (Vernon 2001), Tex. Gov't Code Chapter 

2001 (Vernon 2000 & Vernon Supp. 2005), and 40 Code of Federal Regulations 5 51.102 and after proper 

notice, the Coinillission conducted public hearings to consider the new rules and revisions to the SIP. 

Proper notice included prominent advertisement in the areas affected at least 30 days prior to the date of the 

hearing. A public hearing was held in Austin, Texas on October 3, 2006, and December 4, 2006. 

The Coininission circulated hearing notices of its intended action to the public, including interested 

persons, the Regional Adininistrator of the EPA, and all applicable local air pollution control agencies. The 

public was invited to subinit data, views, and recoininendations on the proposed new rules and SIP 

revisions, either orally or in writing, at the hearings or during the comment period. Prior to the scheduled 

hearings, copies of the proposed new rules and SIP revision were available for public inspection at the 

Coininission's central office and on the Coimission's Web site. 
Data, views, and recommendations of interested persons regarding the proposed new rules and SIP 

revisions were submitted to the Commission during the coininent period, and were considered by the 

Coininission as reflected in the analysis of testimony incorporated by reference to this Order. The 

Coininission finds that the analysis of testimony includes the naines of all interested groups or associations 

offering comment on the proposed new rules and the SIP revisions and their position concerning the same. 

IT IS THEREFORE ORDERED BY THE COMMISSION that the new rules and revisions to the 

SIP incorporated by reference to this Order are hereby adopted. The Commission further authorizes staff to 

inake any non-substantive revisions to the rules necessary to coinply with Texas Register requirements. The 

adopted rules and the preamble to the adopted rules and the revisions to the SIP are incorporated by 

reference in this Order as if set forth at length verbatiin in this Order. 

IT IS FURTHER ORDERED BY THE COMMISSION that on behalf of the Commission, the 

Chairman should transmit a copy of this Order, together with the adopted rules and revisions to the SIP, to 

the Regional Administrator of EPA as a proposed revision to the Texas SIP pursuant to the Federal Clean 

Air Act, 3 110, codified at 42 U.S. Code Ann. $5 7410 - 7671q, as amended. 

This Order constitutes the Order of the Comnission required by the Administrative Procedure Act, 

Tex. Gov't Code, 5 2001.033 (Vernon 2000 & Vernon Supp. 2005). 

If any portion of this Order is for any reason held to be invalid by a court of competent jurisdiction, 

the invalidity of any portion shall not affect the validity of the remaining portions. 

Date issued: FEB 1 3 2007 TEXAS COMMISSION ON 

EYVIRONMENTAL QUALITY 

Kathleen Hartnett white, Chairman I 
$& &7-;- ?-WE 8' PUQUN~ OF 7@:pRJZF 

1 ilereby certify thst this is s ?rile &!id CO~.~:"C? COPY of t.a 

Texas Commiss!oil on Environmental Quplitp documeM, 

which is filed if: the perrnsrlsni iscords of the Commission. n. orverl unger my nantar~d it12 seal oi office on 

~ed~nre bstanuela, Cliisi Clerk Bm~~ ADOPTING NEW ~~~~~%;2"3mni:si3fi sn sr~~jj;;n;nnn$i Qwj!ity 

Docket No. 2006-0525-RUL 

On February 7, 2007, the Texas Commission on Environmental Quality (Commission) adopted new 

rules in 30 TAC Chapter 19, concerning Electronic Reporting. The proposed rules were published for 

comment in the September 8, 2006 issue of the Texas Register- (31 TexReg 7235). 

IT IS THEREFORE ORDERED BY THE COMMISSION that the new rules are hereby adopt3d. 

The Commission further authorizes staff to make any non-substanlive revisions to the rules necessary to 

comply with Texas Register requirements. The adopted rules and the preamble to the adopted rules are 

incorporated by reference in this Order as if set forth at length verbatim in this Order. 

This Order constitutes the Order of the Commission required by the Administrative Procedure Act, 

Government Code, Section 2001.033. 

If any portion of this Order is for any reason held to be invalid by a court of competent jurisdiction, 

the invalidity of any portion shall not affect the validity of the remaining portioiis. 

Issued date: 

TEXAS COMMISSION ON 

ENVIRONMENTAL QUALITY 

Dl&%, 

Katlileen Hartnett White, Chairman 
The amendments are adopted under the Texas Civil Practice 

and Remedies Code, S74.102, which provides the Texas Medical Disclosure Panel with the authority to prepare lists of medical 

treatments and surgical procedures that do and do not require 

disclosure by physicians and health care providers of the possible risks and hazards and to prepare the form(s) for the treatments and procedures which do require disclosure. 

This agency hereby certifies that the adoption has been reviewed 

by legal counsel and found to be a valid exercise of the agency's 

legal authority. 

Filed with the Office of the Secretary of State on February 12, 

2007. 

TRD-200700415 

Ralph Anderson, M.D. 

Chair 

Texas Medical Disclosure Panel 

Effective date: March 4. 2007 

Proposal publication date: October 27, 2006 

For further information, please call: (512) 458-7111 x6972 

TITLE 30. ENVIRONMENTAL QUALITY 

PART 1. TEXAS COMMISSION ON 

ENVIRONMENTAL QUALITY 

CHAPTER 19. ELECTRONIC REPORTING 

The Texas Commission on Environmental Quality (TCEQ or 

commission) adopts new ss19.1, 19.3, 19.10, 19.12, and 19.14. 

Sections 19.1 and 19.10 are adopted with changes to the 

proposed text as published in the September 8, 2006, issue of 

the Texas Register (31 TexReg 7235). Sections 19.3, 19.12, 

and 19.14 are adopted without changes to the proposed text 

and will not be republished. 

The new sections will be submitted to the United States Environmental Protection Agency (EPA) as revisions to the Texas State 

Implementation Plan and as part of a program approval application for all of the commission's federally authorized, delegated, 

or approved programs. 

BACKGROUND AND SUMMARY OF THE FACTUAL BASIS 

FOR THE ADOPTED RULES 

The purpose of the rules is to implement the United States Environmental Protection Agency's (EPA) new Cross Media Electronic Reporting Rule (CROMERR) as published in the October 13, 2005, issue of the Federal Register (70 FR 59848 - 

59889), which became effective January 11, 2006. EPA finalized CROMERR to establish the framework for federal acceptability of electronic reports from regulated entities in order to 

satisfy specific document submission requirements from EPA 

regulations. Since states are delegated or authorized to implement certain federal programs, states must seek EPA approval 

to accept electronic documents for environmental programs that 

EPA has delegated, authorized, or approved states to administer in accordance with CROMERR. CROMERR does not require 

that any document or report be submitted electronically and it 

does not require that states receive electronic documents or reports. CROMERR establishes electronic reporting as an acceptable regulatory alternative and establishes requirements to assure that electronic documents are as legally enforceable as their 

paper counterparts. Where states intend to receive documents 

or reports electronically, CROMERR specifies criteria for their 

acceptable submission in order to ensure federal enforceability. Because CROMERR impacts the commission's authorized 

programs, creating Chapter 19 in Title 30 of the Texas Administrative Code to apply to all of those programs will minimize the 

need to revise rules for every authorized program now and in 

the future if EPA amends CROMERR. The process by which the 

TCEQ must obtain authorization for its electronic reporting program is generally the same process the agency follows in seeking approval for its environmental permitting programs. In the 

case of CROMERR, however, EPA has established a streamlined process that TCEQ can use to obtain such approval. That 

process includes a technical paper outlining how TCEQ's electronic document receiving system, and any known future enhancements, meets the requirements of CROMERR. The application must also include certification from the Office of the Attorney General that the rules and statutes in force in Texas are adequate to meet the requirements of CROMERR. This certification 

cannot take place until after the TCEQ rulemaking is effective. 

The TCEQ has until October 13, 2007, to apply for approval to 

continue accepting electronic reports and applications for authorized programs for which the agency is currently receiving electronic reporting. The EPA has 75 days to determine whether 

the documents are administratively complete. Once the EPA determines that Texas has an administratively complete package, 

they have 360 days to determine if Texas has met the requirements of CROMERR. If EPA does not respond within the time 

frame, the system is automatically approved. For federally authorized programs not currently utilizing an electronic receiving 

system, there is no deadline specified; however, these programs 

may not initiate such systems until the agency receives approval 

under CROMERR. 

The rules establish a system for authorized programs to accept 

electronic submittal of reports, permit applications, and other 

specified documents using the commission's electronic document receiving system. These rules establish that a person, as 

defined in 30 TAC §3.2(25), Definitions, who fails to comply with 

electronic reporting procedures will be subject to the same level 

of enforcement as one who fails to submit written documents as 

required. 

SECTION BY SECTION DISCUSSION 

The commission adopts administrative changes throughout 

these sections to be consistent with Texas Register requirements and other agency rules and guidelines and to conform to 

the drafting standards in the Texas Legislative Council Drafting 

Manual, August 2006. 

The commission adopts new Chapter 19, Electronic Reporting, 

to comply with the EPA's new CROMERR as published in the 

October 13, 2005, issue of the Federal Register (70 FR 59848 - 

59889), which became effective January 11,2006. The commission adopts the rules to define 11 terms, outline the applicability 

of the rules, explain the process of electronic signatures, and describe enforcement remedies for noncompliance. 

Subchapter A - General Provisions 

§19. I. Definitions. 

Section 19.1 incorporates the definitions for: authorized program; copy of record; electronic document; electronic document 

receiving system; electronic signature; electronic signature 

agreement; electronic signature device; federal program; state 

ADOPTED RULES Februarj~ 23, 2007 32 TcxReg 903 
program; handwritten signature; and signatory. Since proposal, 

the commission added that obligations on the individual's part 

are included within the electronic signature agreement. 

§ 19.3. Applicability 

Section 19.3 sets forth the applicability of Chapter 19 to persons 

who submit electronic final documents to the commission to comply with regulation. This section also affirms that the chapter will 

apply to federally authorized .programs and to state programs 

for which the commission has announced on its public Web site 

that it is accepting specified electronic documents. A person 

may submit documents electronically only if such announcement 

has been made. Electronic documents must be submitted to 

the commission according to the requirements of Chapter 19 

and following the requirements of the commission's electronic 

document receiving system. The commission also adopts this 

rule to affirm that documents submitted via facsimile, magnetic, 

or optical media are not subject to Chapter 19, consistent with 

CROMERR, and are, therefore, exempt from the requirements 

of this chapter. 

Subchapter B - Electronic Reporting Requirements 

$19.10. Use of Electronic Document Receiving System. 

Section 19.10 sets forth the mandate that applicable electronic 

documents must be submitted according to the requirements of 

Chapter 19 using the commission's electronic document receiving system. It further affirms a person may not allow another 

individual to use the electronic signature device unique to his or 

her signature. Since proposal, the commission added that individuals desiring to use an electronic signature device must execute an electronic signature agreement with handwritten wet ink 

signature or by using an electronic identity verification system 

utilized by the commission. 

$19.12. Authorized Electronic Signature. 

Section 19.12 affirms that when the electronic signature device 

is used to create an individual's electronic signature, the code 

or mechanism must be unique to that individual at the time the 

signature is created and the individual must be uniquely entitled to use it. The section also sets forth the directive that a 

signatory will protect the electronic signature device from compromise and promptly report any evidence discovered that the 

device has been compromised. An electronic signature device 

is compromised if the code or mechanism is available for use 

by any other individual. It further requires that electronic documents must bear a valid electronic signature if a signature would 

be required by the regulatory program on the paper document. 

This rulemaking stipulates an electronic signature on an electronic document is valid if: it has been created with an electronic 

signature device that the signatory is uniquely entitled to use for 

signing; the device has not been compromised; and the signatory is authorized to sign the document. This section establishes 

that the signatory intended to sign the document and submit it to 

the commission by the presence of an electronic signature. 

$19.14. Enforcement. 

Section 19.14 affirms that an electronic signature is the legal 

equivalent of a handwritten signature. Section 19.14 affirms that 

a person is subject to appropriate penalties, fines, or other remedies under the commission rules or applicable statutes for failure to comply with a reporting requirement if the individual reports electronically and fails to comply with the applicable provisions for electronic reporting. This section affirms that nothing in 

Chapter 19 limits the use of electronic documents or information 

derived from electronic documents as evidence in enforcement 

proceedings. 

FINAL REGULATORY IMPACT ANALYSIS DETERMINATION 

The commission reviewed the rulemaking in light of the regulatory analysis requirements of Texas Government Code, 

$2001.0225, and determined the rulemaking is not subject to 

$2001.0225 because it does not meet the definition of a "major 

environmental rule" as defined in the Texas Government Code. 

A "major environmental rule" is 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. The primary purpose of this rulemaking 

action is to implement the EPA's new CROMERR as published 

in the Federal Registeron October 13, 2005. The primary goal 

of this rulemaking is to allow the commission to establish a 

voluntary system for the receipt of electronic documents under 

the commission's federally authorized programs and designated 

state .programs and to provide standards of compliance and 

enforcement. The rulemaking is procedural in nature and does 

not address environmental risks or exposures. Therefore, the 

rulemaking does not constitute a major environmental rule 

and thus is not subject to a formal regulatory analysis. The 

commission solicited public comment on the draft regulatory 

impact analysis determination. No comments were received on 

the draft regulatory impact analysis determination. 

TAKINGS IMPACT ASSESSMENT 

The commission completed a takings impact assessment for the 

rulemaking action under Texas Government Code, $2007.043. 

The specific primary purpose of this rulemaking is to implement 

the EPA's CROMERR and provide standards of compliance and 

enforcement for the commission to receive electronic reports and 

other documents under federally authorized programs and designated state programs. Promulgation and enforcement of the 

adopted rules will not affect private real property, because the 

adopted rulemaking is related to the commission's procedural 

rules, rather than substantive requirements. Implementation of 

the amendments will not result in any taking of real property. 

CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM 

The commission reviewed the rulemaking and found that the rule 

is neither identified in Coastal Coordination Act Implementation 

Rules, 31 TAC $505.11, nor will it affect any actionlauthorization 

identified in Coastal Coordination Act lmplementation Rules, 31 

TAC §505.11. Therefore, the adopted rule is not subject to the 

Texas Coastal Management Program. The commission invited 

public comment regarding the consistency of the rules with the 

CMP. No comments were received regarding the consistency of 

the rules with the CMP. 

EFFECT ON SITES SUBJECT TO THE FEDERAL OPERATING 

PERMITS PROGRAM 

The adopted rules may affect owners and operators subject to 

the federal operating permits program. If the executive director, in the future, announces that it will accept certain reports required by operating permits electronically, owners and operators 

will have the option to use the commission's electronicdocument 

receiving system in lieu of submitting paper documentation. 

PUBLIC COMMENT 

32 TexReg 904 February 23, 2007 Texas Register 
The proposal was published in the September 8, 2006, issue of 

the Texas Register (31 TexReg 7235). The commission held a 

public hearing on October 3, 2006 and on December 4, 2006. 

The comment period closed on December 4, 2006. The commission received comments from the Environmental Protection 

Agency (EPA). 

RESPONSE TO COMMENTS 

EPA supported adding the proposed Electronic Reporting regulations to the SIP and other air programs and congratulated 

Texas on being the first to propose such air regulations. EPA 

noted that the state's proposal does not address the National 

Emission Standards for Hazardous Air Pollutants for source categories (40 CFR Part 63). EPA commented that the proposed 

definition for electronic signature agreement does not appear to 

reference the requirements of proposed 919.12 nor does the proposed 919.12 appear to reference the proposed definition. EPA 

further stated that the definition lacks acknowledgement of an individual's obligations connected with preventing compromise of 

the electronic signature device (519.1). 

The commission did not make any changes to the rule in 

response to the comment regarding the National Emission 

Standards for Hazardous Air Pollutants because it is outside 

the scope of the rulemaking which is to specifically address 

electronic reporting. The commission agrees with EPA's other 

comments and has added to the definition that obligations on 

the individual's part are included within the electronic signature 

agreement. The commission also made a change to §19.10(b) 

to state that individuals desiring to use an electronic signature 

device must execute an electronic signature agreement with 

handwritten wet ink signature or by using an electronic identity 

verification system utilized by the commission. The commission 

appreciates EPA's support. 

SUBCHAPTER A. GENERAL PROVISIONS 

30 TAC $19.1, 819.3 

STATUTORY AUTHORITY 

The new sections are adopted under Texas Water Code, $5.1 03, 

which allows the commission to adopt any rules necessary to 

carry out the powers and duties under the provisions of the 

Texas Water Code and other laws of this state; 95.128, which 

authorizes the commission to encourage the use of electronic 

reporting; $26.01 1, which authorizes the commission to adopt 

rules regulating water quality; 926.345, which authorizes the 

commission to adopt rules regulating petroleum storage tanks; 

927.019, which authorizes the commission to adopt rules regulating underground injection wells; $28.011, which authorizes 

the commission to make and enforce rules for the protection 

of underground water; 526.040, which authorizes the commission to adopt rules necessary to implement a general permit 

program for water quality; and $37.002, which authorizes the 

commission to adopt rules for the occupational licensing and 

registration program; Texas Health and Safety Code. $382.01 7, 

which authorizes the commission to adopt rules consistent with 

the policy and purpose of the Texas Clean Air Act; 9341.031, 

which authorizes the commission to adopt and enforce rules 

9374.051, which authorizes the commission to adopt rules to 

administer and enforce the dry cleaner program and the Texas 

Business and Commerce Code, 943.007 (electronic document 

recognition), which provides legal recognition of electronic 

records, electronic signatures, and electronic contracts. 

The adopted new sections implement Texas Water Code, 

95.128, relating to electronic reporting; and CROMERR, the 

federal program for electronic reporting, 40 Code of Federal 

Regulations Parts 3, 9, 51, 60, 70, 71, 123, 142, 145, 162, 233, 

257, 258, 271, 281, 403, 501,745, and 763. 

In addition to the tenns defined in Chapter 3 of this title (relating to 

Definitions), the following words and terms, when used in this chapter, have the following ~neanings, unless the context clearly indicates 

otherwise. 

(1) Authorized program--A federal program that the 

United States Environmental Protection Agency (EPA) has delegated. 

authorized, or approved the State of Texas to administer, or a program 

that the EPA has delegated, authorized, or approved the State of Texas 

to administer in lieu of a federal program. under other provisions of 

40 Code of Federal Regulations and such delegation, authorization. or 

approval has not been withdrawn or expired. 

(2) Copy of record--A true and correct copy of an electronic document received by an electronic document receiving system, 

which can be viewed in a human-readable fonnat that clearly and accurately associates all the information provided in the electronic document with descriptions or labeling of the infonnation. A copy ofrecord 

includes: 

(A) all electronic signatures contained in or associated 

with that document; 

(B) the date and time of receipt; and 

(C) any other information used to record the meaning 

of the document or the circ~~~nstances of its receipt. 

(3) Electronic document--Any infomlation that is submitted in digital fonn to satisfy requirements of an authorized program or 

other designated state programs. Infonnation may include data, text, 

sounds, codes, con~p~der programs. software, or databases. 

(4) Electronic document receiving system--A set of apparatus, procedures, software, or records used to receive electronic documents. 

(5) Electronic signature--Any infonnation in digital form 

that is included in or associated with an electronic document for tlie 

purpose of expressing the same meaning and intention as would a handwritten signature if affixed to an equivalent paper document with the 

same reference to the same content. 

(6) Electronic signature agreement--A document drafted 

by tile executive director and signed by an individual with respect to an 

electronic signature device that the individual will use to create his or 

her electronic signature and whereon tlie individual acknowledges the 

obligations connected with preventing con~promise of the electronic 

signature device. 

regulating public drinking water and implementing the Federal (7) Electronic signature device--A code or other mechaSafe Drinking Water Act; 5361.024, which authorizes the corn- nism that is used to create electronic sienatures. 

mission to adopt rules for ihe management and control of solid ., 

waste; 9361.121, which requires the commission to establish (8) Federal program--Any program administered by tlie 

an electronic reporting system for holders of permits for the United States Environ~nental Protection Agency under any provision 

land application of sludge; 9371.028, which authorizes the com- of40 Code of Federal Reg~~lations. 

mission to adopt rules regulating management of used oil; and 

ADOPTED RULES February 23,2007 32 TexReg 905 
(9) State program--Any program, other than a federal and Commerce Code, s43.007 (electronic document recogniprogram administered by the United States Environmental Protection tion), which provides legal recognition of electronic records, elecAgency under any provision of 40 Code of Federal Regulations, that is tronic signatures, and electronic contracts. 

implemented by the commission under the Texas water Code, Texas 

Health and Safety Code, and other laws of the State of Texas. 

(10) Handwr~tten signature--The scripted name or legal 

mark of an individual, made by that individual with a marking or 

writing instrument such as a pen or stylus and executed or adopted 

with the present intention to authenticate a writing in a permanent 

form. 

(1 1) Signatory--An individual authorized to and who signs 

a document using a fonnat acceptable to the commission. 

This agency hereby certifies that the adoption has been reviewed 

by legal counsel and found to be a valid exercise of the agency's 

legal authority. 

Filed with the Office of the Secretary of State on February 9, 

Robert Martinez 

Director, Environmental Law Division 

Texas Commission on Environmental Quality 

Effective date: March 1, 2007 

Proposal publication date: September 8, 2006 

For further information, please call: (512) 239-0177 

SUBCHAPTER B. ELECTRONIC REPORTING 

REQUIREMENTS 

30 TAC $819.10, 19.12, 19.14 

STATUTORY AUTHORITY 

The new sections are adopted under Texas Water Code, s5.103, 

which allows the commission to adopt any rules necessary to 

carry out the powers and duties under the provisions of the Texas 

Water Code and other laws of this state; s5.128, which authorizes the commission to encourage the use of electronic reporting; s26.011, which authorizes the commission to adopt rules 

regulating water quality; s26.040, which authorizes the commission to adopt rules necessary to implement a general permit program for water quality; s26.345, which authorizes the 

commission to adopt rules regulating petroleum storage tanks; 

s27.019, which authorizes the commission to adopt rules regulating underground injection wells; s28.011, which authorizes 

the commission to make and enforce rules for the protection of 

underground water; and 537.002, which authorizes the commission to adopt rules for the occupational licensing and registration 

program; Texas Health and Safety Code, s382.017, which authorizes the commission to adopt rules consistent with the policy and purpose of the Texas Clean Air Act; s341.031, which 

authorizes the commission to adopt and enforce rules regulating public drinking water and implementing the Federal Safe 

Drinking Water Act; s361.024, which authorizes the commission 

to adopt rules for the management and control of solid waste; 

s361.121, which requires the commission to establish an electronic reporting system for holders of permits for the land application of sludge; s371.028, which authorizes the commission to 

adopt rules regulating management of used oil; and $374.051, 

which authorizes the commission to adopt rules to administer 

and enforce the dry cleaner program, and the Texas Business 

The adopted new sections implement Texas Water Code, 

s5.128, relating to electronic reporting; and CROMERR, the 

federal program for electronic reporting, 40 Code of Federal 

Regulations Parts 3, 9, 51, 60, 70, 71, 124, 142, 145, 162, 233, 

257, 258, 271,281, 403, 501, 745, and 763. 

(a) When the executive director has announced on the com- 

~nission's public Web site that it is accepting specified electronic documents; individuals who submit to the commissio~l electronic documents 

to satisfy requirenle~~ts of authorized programs or designated state progranls IIILIS~ use the commission's electronic document receiving system. 

(13) Individuals desiring to use an electronic signature dcvicc 

lnusr execute an electronic signature agreement with l~and\rritten wet 

ink signature or by using an electronic identity verification system utilized by the comn~ission. 

(c) Autllorized signatories may not allow another indi\;idual to 

use the electronic signature device unique to his or her signature. 

This agency hereby certifies that the adoption has been reviewed 

by legal counsel and found to be a valid exercise of the age~icy's 

legal authority. 

Filed with the Office of the Secretary of State on February 9, 

2007. 

TRD-200700380 

Robert Martinez 

Director, Environmental Law Division 

Texas Commission on Environmental Quality 

Effective date: March 1, 2007 

Proposal publication date: September 8, 2006 

For further information, please call: (512) 239-0177 

TITLE 40. SOCIAL SERVICES AND ASSISTANCE 

PART 20. TEXAS WORKFORCE 

COMMlSSlON 

CHAPTER 8 1 1. CHOICES 

The Texas Workforce Commission (Commission) adopts the following new sections, without changes, to Chapter 811, relating 

to Choices, as published in the November 24,2006, issue of the 

Texas Register (31 TexReg 9576): 

Subchapter C, Choices Services, ss811.29 - 811.34 

The Commission adopts amendments, without changes, to the 

following sections of Chapter 011, relating to Choices, as published in the November 24,2006, issue of the Texas Register(31 

TexReg 9576): 

Subchapter A, General Provisions, ss811 .I -811.3 

Subchapter B, Choices Services Responsibilities, §§811.11 - 811.16 

32 Tex-Xeg 906 February 23, 2007 Texas Register