### 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 Commissionon Environmental Quality (Commission).

Director, General Law Division Texas Commission on EnvironmentalQuality

### Texas Commission on Environmental Quality Public Hearing December4.2006 Concerning Revisions to Chapter 19, Electronic Reporting Rule Project Number 2006-018-01

### 9-PR

### IIVTRODUCTION

TheTexas Commission on Environmental Quality (commission) helda public hearing inAustin on December 4,2006,to receive testimony regarding proposed new Sections 19.1, 19.3, 19.10, 19.12, and 19.14 in 30TAC

new Chapter 19, Electronic Reporting.

The rulemakingwould 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 inthose 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 procedureswill be subject to the same level of enforcement as for failure to report as required.

The comment period closed on December4,2006. 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 ElletteVinyard, 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 bythe following procedures:



## 1. Publication of notice of public hearings inthe following newspapers on the date listed: Austin American-Statesman; November 3, 

### 2006 FortWorth Star-Telegram; r-lovember3, 

### 2006 Houston Chronicle; November 

## 3, 2006

2. Publication of the proposed rules inthe September 8, 

### 2006, issue of the Texas Register (31 

### TexReg 7235).



## 3. Publication of the Notice of Public Hearing.inthe 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-GalvestonArea Council North Central Texas Council of Governments South EastTexas Regional Planning Commission Texas Department of Transportation TexasTransportation 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 ProtectionAgency

### Example of Newspaper Classified Ad 

## Austin American-Statesman, November 

### 3,

### 2006

NOTICE OF PUBLIC HEARING BYTHE TEXAS COMMISSION ON ENVIRONMENTAL QLIHLITI' OIU PHOPOSED REVISIONSTO

30THC CHAPTER IS AND TO THE STATE IIWPLEMENTATIONPLAN The Texas Commission on Environmental Oualllv will coriduct a

~- - ---- rilony concernrng revlslotir to 30 TAC Chapter 19, Electrorl~cRe 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~creporting 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~onselecrronlcally. 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 aifor 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~ceof Legal Serv~ces, al 1512) 239-0177. llequests should be made ajfar 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: BOA13087 Austili: Texas 78711-3087. or faxed to 1512! 139-4008. Eleciron~ccomromni?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 iile622 South Oakes, Suite 

### K, San Angelo, Texas 76903-7013, (915) 655-9479. TRD-200604814 Mary Risner Director, Litigation Division Texas Commission on EnvironmentalQuality Filed: August 29, 2006 

# + + + Notice of Opportunityto Comment on ShutDownlDefault 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 commissionto orderthe 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 protectionregulations ofthe 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 failsto 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 ordersand permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a oes are proposed SDOis not required to be published if those chan, made in response to written comments. Copiesofeachoftheproposed S/DOare availablefor publicinspection at both the commission's central office, located at 12100Park 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 receivedby 

### 500p.m. on October

### 9, 2006.Written commentsmay also be sentby facsimile machine to the attorney at (512)239-3434. The commission attorneys are availableto discuss the SDOsandlor 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 EastRosedale, Fort Worth,Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail salesofgasoline;RULESVIOLATED: 30TAC 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; 30TAC 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-certificationform; 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 Commissionon Environmental Quality Filed: August 29, 2006

Notice of Public Hearing onProposed Revisions to 

### 30 TAC Chapter 

### 19 and

### to the StateImplementationPlan 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 requirementsofTexas Health and Safety Code, 3382.017; Texas Government Code,Chapter 2001, Subchapter B; and 40 Code of Federal Regulations 351.102, of the United StatesEnvironmental 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 ElectronicReporting Rule (CROMERR) on October 13, 2005, which impacts the Texas Commission on Environmental Quality's federally authorized programs by requiring specificregulatory changes in orderfor thecommission to accept reports and applicationselectronically. Theproposed rule will not mandate electronic re~orting. Affected entities will have * 

# - the option to utilize the electronic reporting alternative. Adding achapter for electronic re~ortino willminimizethe need to oDenmulti~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 electronicreporting procedures will be subjectto the same level ofenforcement as for failure to report asrequired. 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 12100Park 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 staffmember will be available to discuss the proposal 30minutes 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 furtherinformation. please contact Ellette Vinyard, Permitting and Remediation Support, at (512) 239-6085.



## 31 

## TexReg 7724 September 8,2006 Texas RegisteTRD-200604725 Robert Martinez Director, Environmental Law Division Texas Commission on EnvironmentalQuality Filed: August 25. 2006

Notice of Public Hearing on Proposed Revisions 

### to 

### 30 TAC Chapters 

### 116 and 

### 321 and 

### the StateImplementation 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 40Code of Federal Regulations $51.I02of 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 specifiedin air quality standard permits. Apublichearing 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 onEnvironmental Quality complex located at 121

### 00Park 35 Circle. Thehearing will be structuredfor thereceipt oforal or written comments by interested persons. Registration will begin 30 minutes prior to the hearing. Individualsmaypresent oral statements when called upon in orderof registration. Atime 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 30minutes prior to the hearing. Personsplanning to attend the hearing, who have special communication orother accommodation needs, should contactLolaBrown, Office of Legal Services, at (512) 239-0348. Requests shouldbe made as far in advance as possible. Comments may be submittedto 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 informationor questions concerning this proposal, please contact Michael Wilhoit, Air Permits Division, at (5 12)239- 1222. TRD-200604738 Robert Martinez Director, EnvironmentalLaw 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 TheTexasCommission on Environmental Quality (TCEQor commission) has made available for public comment three draft Total Maximum Daily Loads (TMDL) for chloride, sulfate, and total dissolved solidsin Petronila Creek AboveTidal (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 StateWater Quality ManagementPlan 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. ATMDL is adetailed water quality assessmenl thatprovides the scientific foundation to allocate pollutant loads in a certain body of water in order to restore and maintain designateduses. TheTCEQwill conduct apublic meeting on the draft TMDLs for chloride, sulfate,and total dissolved solidsin 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 foradoption. Upon adoption oftheTMDLsby the commission,the 

### final TMDLs and aresponse to all comments will be made availableon the TCEQ Web site referenced in this notice. TheTMDLswill then be submittedto EPA Region 6 for approval. Upon approval,the TMDLs will be certifiedas an update to the Stateof TexasWater 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. Individualsmay present oral statements when calledupon in order of registration. Open discussion will not occur duringthemeeting; however, an agency staffmember will be available to discussthe 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 (512)239-4900. Persons with disabilities who have specialcommunicatio~i or other accommodation needs who are planningto attendthemeelingshould contact the commission at (512) 239-4900. Requests should be made as far in advance as possible. TRD-200604813 Robert Martinez Director,EnvironmentalLaw Division Texas Commissionon EnvironmentalQuality Filed: August 29, 2006



## ADDITION September 8,2006 31 

## TexReg 7725tion agreement must be submitted to the department's Financim sponsibility Ver~ficat~on Program Coord~nator and the vendor. Under such delegation,both theMGAand the insurer shallbejo~ntly and severally responsiblefor full compliancew~th thisprogramand jointly and seberally subject to disciplinary actionsfrom the department forfailure 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 detailedin 35.604and 35.605of this subchapter (relatingto Reporting RequirementsforInsurersUsing the Database Program and Data Error Correction Requirements for Insurers Using the Database Program) and must begin reportingdata 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 daysto comply with the databaseprogram requirementsin $5.604 and $5.605 of this subchapter andbegin reporting data. $5.610. Penalties. (AJ Failure of an insurer to comply with any of the requirements of this division shall subjectthe insurer to the enforcement and penalty provisionsof the lnsurance Code Chapters 82, 83, and 84and any other applicablelaw. (bJ In accordancewith Transportation Code 3601.454, a per- son commitsan offenseiftheperson knowingly uses data obtained under Chapter 601, Subchapter

### N, for any purpose not authorized under Subchapter

### N. Anoffenseunder $601.454(d)is aClass

### Bmisdemeanor. $5.611 In addition to complying with either the databaseor web services program requirements, an insurer may also participate in the testingof a transmission system based on the transmissionof insurerprovidedkey-data toprovideverificationofcompliancewith theTexas Motor VehicleSafety ResponsibilityAct. Participationin the test program does not qualify as means for compliancewith the financialresponsibilityverification program. ('bJ Thetestprogramwill operate betweenthe vendor and participating insurersonly. Thetestprogramwill applytothe 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 specificsfor the testprogramwill 

### be developed by the participating insurerswith the vendor. This agency herebycertifiesthat the proposal has been reviewed by legalcounselandfound tobewithinthe agency's legalauthority to adopt. Filed with the Officeof theSecretaryof StateonAugust 28,2006. TRD-200604803 Gene Jarmon General Counsel and Chief Clerk Texas Department ofInsurance Earliest possible date of adoption: October 8,2006 For furtherinformation,please call: (512)463-6327 

## TITLE 30. 

## ENVIRONMENTAL QUALITY 

# PART 1. 

# TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 

## 19. ELECTRONICREPORTING The Texas Commission on Environmental Quality (TCEQ or commission) proposes new 5519.1, 19.3, 19.10, 19.12, and 19.14. The newsectionswill besubmittedtothe United States Environmental ProtectionAgency (EPA) as revisionsto the Texas State ImplementationPlanand as partof 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 EnvironmentalProtectionAgency's (EPA) newCross 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 delegatedor authorized to implement certain federal programs, states must seek EPA approval to accept electronic documents for environmental programs that EPA has delegated, authorized, or approvedstates to administer in accordance with CROMERR. CROMERR does not requirethat any documentor reportbesubmitted electronically and it does not require that states receive electronic documents or reports. CROMERR establishes electronic reporting as an acceptable regulatoryalternative,and establishes requirementsto assure that electronic documents are as legally enforceable as their paper counterparts. Where states intend to receive documents or reports electronically, CROMERR specifies criteriafor 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 needto 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 processthe agencyfollows in seeking approval for its environmental permitting programs. In the case of CROMERR, however, EPA has established a streamlinedprocess that TCEQ can use to obtain such approval. That process includes 

### atechnical paper outlining howTCEQ's electronic document receiving system, and any knownfuture enhancements, meetthe requirements of CROMERR. The application must also include certification from the Office of the Attorney General that the rules and statutes inforce inTexas are adequateto meet the requirements of CROMERR. This certification cannot take place until afterthe TCEQ rulemaking is effective. TheTCEQ has untilOctober 17,2007, to applyfor approval tocontinue accepting electronic reports and applications for our authorized programs for whichthe agency iscurrently receivingelectronic reporting. The EPA has 75 days to determine whether the documents are administratively complete. Once the EPA determines that Texas has an administrativelycomplete package, they have 360 days to determine if Texas has met the requirements of CROMERR. If EPAdoes not respond within thetimeframe, the system is automatically approved. For federally authorized programs not currently utilizingan electronic receivingsystem, there is no dead

## PROPOSEDRULES September 8,2006 

## 31 TexReg 7235line specified; however, these programs may not initiate such code or mechanism must be uniquetothat individual at the time systems until the agency receives approval under CROMERR. the signature is created and the individual must be uniauelventiThe 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 whofails tosubmit written documents as required. SECTION BY SECTION DISCUSSION The commission proposes administrative changes throughout these sectionsto beconsistentwith Texas Register requirements and other agency rules and guidelines and to conform to the drafting standards in the 

### TexasLegislative Council Drafting Manual, November 2004. The commission proposes new Chapter 19, Electronic Reporting,tocomplywiththe EPA's newCROMERRaspublishedin 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, explainthe processof electronic signatures, and describe enforcement remedies for noncompliance. 

### SubchapterA. General Provisions 

## 5 19.1. Definitions. Section 19.1 proposes to incorporate the definitions for: authorized program; copy of record; electronic document; electronicdocument 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 toset 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 tothe commission according to the requirementsof Chapter 19and following the requirements of the commission's electronic document receiving system. The commission also proposes this rule to state that documents submitted viafacsimile, magnetic, or optical media are not subjectto Chapter 19, consistent with CROMERR, and are therefore exempt from the requirements of this chapter. 

### SubchapterB. 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 uniqueto his or her signature. tledtouse it. The section also proposes tosetforth 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 isauthorizedtosignthe document. This section would establish that the signatory intended to sign the document and submit ittothe 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 underthe commission rules or applicable statutes for failure tocomplywith a reporting requirement 

### ifthe individual reports electronically and fails to comply with the applicable provisions for electronic reporting. This section states that nothing in Chapter 19limits the useof 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 ineffect, nosignificant fiscal implications are anticipated for the commission or other units of state or local governments as a resultof administration or enforcement of the proposed rules. The commission proposes the rules to implementthe EPA's new rule for electronic reporting. For consenting participants, the commission will usethe Texasonline Web portal to accessthe 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 expectedto 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 19to 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 19will be an additiontoexisting reporting requirements specified inother program 30TAC chapters, andwillallowforthefederally 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 

### enforcementas 

### one who fails to submit 

### writ

## 31 

## TexReg 7236 September 8,2006 TexasRegisterten documents as required. The EPA requiresthe Office of the Attorney General inTexas to certify the rules and statutes in effect are adequateto meet the requirementsof CROMERR. This certification cannot take place until the proposed rulernaking is complete,and is not expectedto havea 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 fiveyears the proposed new rulesare in effect, the publicbenefit anticipated from the changes seen in the proposed rules will be moretimely and accurate reportingof environmental information which will facilitate better decision makingand 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 reductionsare not expectedto be significant. SMALL BUSINESS AND MICRO-BUSINESS ASSESSMENT thorized programs and designated state programs. Promulgation and enforcement of the proposedrules will not affect private real property,because the proposedrulernaking is relatedtothe commission's procedural rules, rather than substantive requirements. Implementationof 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 identifiedin Coastal CoordinationAct Implementation Rules, 31 TAC 9505.11, nor will it affect any actionlauthorization identified in Coastal CoordinationAct Implementation Rules,31 TAC 9505.11. Therefore, the proposed rule is not subject tothe Texas Coastal Management Program. EFFECTON SITES SUBJECTTOTHE FEDERALOPERATING 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, 

### inthe

### future, announcesthat it 

### will 

### acceptcertain reportsre- cro-businesses. Smallor micro-businessesmay see reductions 

### quired by 

### operatingpermits electronically,

### owners and operators in paper

### and postage

### costs if of

### data is 

### doneelec- will havethe optionto 

### usethe commission'selectronicdocument tronically. Any cost reductionsare not expected to besignificant. receiving system 

### in lieu 

### of submitting paper

### documentation. LOCAL EMPLOYMENT IMPACT STATEMENT - - ANNOUNCEMENTOF HEARING The commissionhas reviewed this proposed rulemakingandde- A 

### public hearingon this 

### proposalwill be 

### held

### inAustin 

### onOctober ternlined 

### that a local is not re- 3,2006, at 2:00 attheTexasCommission

### on Environmental quired 

### becausethe proposed rules

### do not affect

### a lo- Qualitylocatedat 121 00 Park35Circlein BuildingF, Room2210, cal economy in a material way for the first five years that the 

### The 

### hearing will be structuredfor 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 reviewedtheproposedrulernakinginlightof 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 materialway 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 publishedinthe Federal Registeron October 13, 2005. The primary goal of this proposed rulernaking is to allow the commissiontoestablish 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 underTexas GovernmentCode, $2007.043. The specific primary purpose of this proposed rulemaking isto implementthe EPA's CROMERR and provide standards of complianceand enforcementfor the commissionto receiveelectronic reports andother documents underfederally aube no open discussion duringthe hearing; Kowever, an agency staff memberwillbeavailabletodiscussthe proposal30 minutes priortothe hearing. Persons who have specialcommunication or other accommodation needswho are planning to attendthe hearingshould contact Holly Vierk, Office of Legal Services, at (512) 239-0177. 

### Requests should be made as far in advance as possible. SUBMllTALOF 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'sWeb site at http://www. tceq.state. tx.us/nav/rules/propose~adopt. html. For further information, please contact Ellette Vinyard, Permitting and RemediationSupport,at (512) 239-6085. 

## SUBCHAPTERA. 

## 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 authorizesthe commissionto 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 7237the 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 undergroundwater; $26.040, which authorizes the commission to adopt rules necessary to implement a general permit programfor water quality; and $37.002, which authorizes the commissionto adopt rules for the occupational licensingand registration program;Texas Healthand Safety Code, $382.017, which authorizesthe commissionto 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 rulesfor 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 applicationof 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 (electronicdocument recognition), which provides legal recognition of electronic records, electronic signatures, and electroniccontracts. 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 andterms, when used inthiscm have thefollowing 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 ofTexas to administer, ora propram that theEPA hasdelegated, authorized,or approvedthe Stateof 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 orexpired. @ Copy of reco-y of an electronic document -- received by an-ronic documentreceiving syslem, which can be viewed in a human-readable format that clearly and accurately associates all theinformationprovided inthe electronic document with descriptions orlabelingoftheinformation. Acopy ofrecord 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, computerprograms, software, ordatabases. 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 samemeaning and intention aswould 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 signedby an individual with respes an electronic signaturedevicethat the individual will use to createhis orher 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 underanyprovisionulations, that is implemented by the commission under the Texas Water Code, Texas Health and Safety Code,and otherlaws 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 documentusing a format acceptable to the commission. Applicability. @) This chapter applies to: (I) persons! asdefined in 

### $3.2ofthistitle (relatingto Definitions), and signatorieswho submit official, finalelectronic documents to the commission to satisfy requirements of: authorizedprograms for which theexecutive 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 announcedby the commission; and (3J authorized programs and state progamsfor which the executive director hasannounced on the commission'spublicWeb* that the commission is accepting specifiedelectronic documents. This chapter doesnot apply to: (1) documents submitted via facsimile; or electronic documents submitted via magnetic oroptical media 

### suchaccompacldisc, digital video disc, ortape. -- Thisagency herebycertifiesthatthe proposal has been reviewed by legalcounseland foundtobewithin theagency's legal authority to adopt. Filedwith theOfficeofthe Secretaryof Stateon August 25,2006.



## 31 TexReg 7238 September 8,

## 2006 TexasRegisterRobert 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


## SUBCHAPTERB. ELECTRONIC REPORTING REQUIREMENTS 30 

### TAC §$19.10, 19.12, 19.14 STATUTORY AUTHORITY The new sections are proposed under Texas Water Code, 55.103, which allows the commissionto adopt any rules necessary to carry out the powers and duties under the provisions of theTexas Water Code and other lawsof this state; 55.128, 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 protectionof undergroundwater; and 537.002,which authorizes the commissiontoadopt rules forthe occupational licensingand registration program; Texas Health and Safety Code, s382.017, which authorizesthe commission to adopt rules consistentwith 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 implementingthe Federal Safe DrinkingWater Act; 5361.024, which authorizesthe commissionto 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 applicationof sludge;5371.028, which authorizesthe commissionto 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, individualswho submittothe commissionelectronic documents to satisfy requirements of authorized programs 01. designated state programs must use the commission's electronic document receiving sys

## tem. @ Authorized signatoriesmay not allow anotherindividual to use the electronic signature deviceunique to his or her signature. $19.12. Authorized Electronic Sigrzature. @ Whenthe electronic signaturedeviceisused to create anindividual's electronic signature. the code or mechanism must be unique toatindividual at thetime the signatureis created and the individual must be uniquely entitled to use it. Signatories shall: (lJprotect 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 deviceis compromised if the code or mechanism is available foruse by any other individual. An electronic documentmust bear the valid electronic signature of a signatory if that signatory is required under the authorized program orthe state program to sign the paper document for which the electronic document substitutes. An electronic sisatureon anelectronic documentis valid if ithas been created with anelectronic signature device that the identified signatory is uniquely entitled to use for signing that document; the devicehas not been compromised;and the signatory is an individual who is authorized to sign the document by virtue ofhis 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



### 9.14. Erlforcement. @ An electronic signatureonan electronic documentsubmittedto the commission is the legal equivalent of a handwritten signature on a paper document submitted to the commission. Persons, asdefined in 

### 53.2 of this title (relating to Definitions), and sipnatories are subject to penalties, fines, and other remedies under commissionrulesorapplicable statutesforfailureto comply with a reporting requirementofthecommission iftheperson orsignatoryreports electronically and fails to comply with the applicable provisions ofthis chapter, applicable statutes, commission rules, andtheelectronic 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 herebycertifiesthatthe proposalhasbeen reviewed by legalcounselandfound tobewithinthe agency's legal authority to adopt. FiledwiththeOffice of the Secretaryof Stateon August 25,2006. TRD-200604724 Robert Martinez Director. Environmental Law Division Texas Commission on Environmental Quality Earliest possible date of adoption: October 8,2006 Forfurther information,please call: (512) 239-0177


## CHAPTER 90. 

## INNOVATIVEPROGRAMS 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, 

### ExecufiveDirector

P~otec fing Texasby

### Reducing and Preventing Pollu fion



## NOTICE OF PUBLIC HEARING BY THE TEXAS COMMISSIONON ENVIRONMENTAL QUALITY ONPROPOSED REVISIONS TO 30 TAC CHAPTER 19 

## AND TO THE STATEIMPLEMENTATION 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 12100Park 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 canbe 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 ofLegal Services Texas Commission on Environmental Quality P.O. Box 13087 Austin, Texas 78711-3087
Dear 

## Ms. Vierk: We have reviewed the proposed revisions to the State Implementation Plan (SIP) and Electronic Reporting (Rule Project Nuinber 2006-01 8-019-PR)and have the following comments. From the Federal Clean Air Act perspective, the rules would establish a voluntary system forthe 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 TitleV 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 CFRpart 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. Theproposed definition for electronic signature agreement does not appear to reference the requirements ofproposed 30 TAC 19.12nor does the proposed 19.12appear to reference the proposed definition. 

# hparticular, the definition lacks acknowledgen~ent of an individual's obligations cormected with preventing compromise of the electronic signature device (30 TAC 19.1).
Werecommend that the State add a stateluent to 30 TAC 19.10or 19.12that an electronic signature agreement inust be signed by individuals desiring to use an electronic signature device for submission of electronic documents.
Werecognize 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 CrossMedia Electronic Reporting Rule (CROMERR) application that the rules and statutes in

RecycledlRecyclable Printedwith Vegetable 011 Based Inks on 100% Recycled Paper (40% Postconsumer)

## effect are adequate to meet the requirements of CROMERR. TheCROMERR application must also demonstratethat 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 theTexasonlineWebportal to access the Texas Driver Licenseidentity verification system does not relieve the Stateof the need to demonstrate to EPA in the Texas CROMERR application that this chosen electronic document receiving systemmeets the CROMERR technical design standards. Enclosed for your use is a checklist for use in preparing your CROMERR application. Weappreciate the opportunityto comment on the proposed regulations. If you have any questions orresponses 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

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## INDEX OF ORAL TESTIMONY

Nooraltestimony was received pertainiqgto this proposal.

# EVALUATION OF TESTIMONY

# Texas Commissionon 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. Thisrule 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 authorizedprograms. 

## 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, 55341.031,361.024, 361.121,371,028,374.051, 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~~~ 111odiSysuch 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 wit11regard 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 

## orP~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 TCEQhas 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 systemsuntil 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 willbe subject to the sanle level ofellforcement as for fi~ilure to report asrequired.

### Commissioners Page 

## 3 January 

## 19, 2007
Re: DocketNo. 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 bethe same as failure for submitting a report asrequired by rule.

• 

### Changes required by state statute: None.



# . Staff recommendations that are not expressly required by federal rule orstate 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 TCEQunder 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 TCEQhowever, is required by CROMERRto implementrules 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 

## $5,000per year. The colnmission and other units of state and local governments may see cost reductions in paper and postage costs ifmore reporting ofdata is done electronically. Impact on

### thepublic:



# . Who will be affected? For certaln documents it is expected the general public will have improved access as aresult of electronic reporting.



# . Does it create a groiip of 

### affected persoils who 

### were iiGt affected prfiiously? 

## No How? NIA.

## Re: Docl<ctNo. 

## 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 

## 19,the TCEQ will have consistency with technical guitlclincs for elecll.onicrepol.tingregardless 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 policiesthat arenot ctarrently based on rulebeing made into a

## rule? No

e 

## What are 

## the consequences if 

## this rulemaking is 

## not approvedto 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 

## Arethere alternatives? No. 

## Potentially controversial matters: None.


## Key points 

## in adoption rulemaking schedule: 

## TexasRegister 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 OFTESTIMONY

The Texas Commission on Environmental Quality (TCEQ or commission) adopts new $$19.1, 19.3, 19.10, 19.12, and 19.14. Sections 19.1and 19.10are 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 CouncilDrafting 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.



## SubchapterA 

## - 

## 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 19.3sets forth the applicability of Chapter 19to 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 announcementhas 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 ofElectronic DocumentReceiving System. Section 19.10sets forth the mandate that applicable electronic documents must be submitted according
to the requirements of Chapter 19using 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 anelectronic 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 19.12affirms 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 19limits 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 aspublished 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 IMPACTASSESSMENT 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, 31TAC $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 addedto 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 statethat 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 appreciatesEPA's support.

# STAFF RECOMMENDATIONS

## CHAPTER 19: ELECTRONIC REPORTING SUBCHAPTERA: 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 outthe powers and duties under the provisions ofthe Texas Water Code and other laws ofthis state; $5.128,which authorizes the commissionto encourage the use of electronic reporting; 526.011, which authorizes the commissionto adopt rules regulating water quality; 526.345, which authorizes the commission to adopt rules regulating petroleum storage tanks; 527.019, which authorizesthe commission to adoptrules regulating underground injection wells; 528.011, which authorizesthe commission to make and enforce rules for the protection of underground water; 526.040, which authorizes the commission to adoptrules necessaryto implement a generalpermit program for water quality; and 537.002, which authorizes the commissionto adopt rules forthe occupational licensing andregistration program; Texas Health and Safety Code, 5382.017, which authorizes the commission to adopt rules consistent with thepolicy and purpose of the Texas Clean Air Act; $341.031,which authorizesthe 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 adoptrules for the management and control of solid waste; 5361.121,which requires the commission to establish an electronic reporting system for holders of permits forthe land application of sludge; 5371.028, which authorizes the commission to adoptrules regulating management ofused oil; and 5374.051, which authorizes the commission to adoptrules to administer and enforcethe 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, relatingto electronicreporting; and CROMERR, the federal program for electronic reporting, 40 Code ofFederal 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 ofthis 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 thatthe United StatesEnvironmental Protection Agency (EPA)has delegated, authorized,or approved the State of Texas to administer, or a program that the EPAhas delegated, authorized, or approved the State of Texasto administer in lieu of a federal program, under otherprovisions of 40 Code of Federal Regulations and such delegation, authorization, or approval has not been withdrawn or expired.

(2) Copy of record--Atrue and correct copy ofan electronic document received by an electronic documentreceiving system,which can be viewed in a human-readable format that clearly and accurately associates allthe 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 andtime of receipt; and

## (C) any other information used to record the meaning ofthe document or the circumstances of its receipt.

(3) 

## Electronic document--Any information that is submitted in digital formto satisfy requirements of an authorized program or other designated state programs. Informationmay include data, text, sounds, codes, computer programs, software, or databases.

(4) Electronic documentreceiving system--A set of apparatus, procedures, software, or records used toreceive electronic documents.



## (5) Electronic signature--Any information in digital form that is included in or associated with an electronic document forthepurpose of expressing the same meaning and intention as would a handwritten signature if affixedto an equivalent paper document with the same reference tothe

same content.



## (6) Electronic signatureagreement--A document drafted by the executive director and signedby an individual with respect to an electronic signature device that the individual will use to create his or her electronic signature and whereonthe individual acknowledges the obligations connected with preventing compromise of the electronic signature device.



## (7) Electronic signature device--A code or other mechanismthat is used to create electronic signatures.

(8) 

## Federalprogram--Any program administered by the United StatesEnvironmental Protection Agency under any provision of40 Code of Federal Regulations. 

## 3

## (9) Stateprogram--Any program, otherthan a federal program administeredby the United StatesEnvironmental Protection Agency under anyprovision of40 Code ofFederal Regulations, that is implemented by the commission under the Texas Water Code, Texas Health and Safety Code, and other laws ofthe StateofTexas.

(10) Handwritten signature--The scriptedname or legal mark of an individual,made by that individual with a marking or writing instrument such asapen or stylus and executedor adopted with thepresent intention to authenticate a writing in a permanent form.



## (11) Signatory--An individual authorized to and who signs a document using a format acceptableto the commission.



## $19.3. Applicability.

(a) This chapter appliesto:

(1) persons, as defined in $3.2 ofthis title (relating to Definitions), and signatories who submit official, final electronic documentsto the commission to satisfy requirements of:

(A) authorizedprograms for which the executive director has announced on the commission's public Web site that the commission is accepting specified electronic documents; or

(B) 

## stateprograms 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 applicationsimplemented,revised, or modified as announced by the commission; and

.



## (3) authorized programs and state programs for which the executive director has announced onthe 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, ortape.

## SUBCHAPTERB: ELECTRONICREPORTINGREQUIREMENTS #19.10, 19.12,19.14

STATUTORYAUTHORITY The new sections are adoptedunder Texas Water Code, 55.103, which allows the commission to adopt
any rules necessary to canyout the powers and dutiesunder the provisions ofthe Texas Water Code and other laws of this state; $5.128, 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 commissionto adopt rulesnecessary to implement a general permit program for water quality; 526.345,which authorizesthe commission to adopt rules regulating petroleum storage tanks; 527.019, 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; and $37.002,which authorizesthecommission to adoptrules for the occupational licensing and registration program; TexasHealth and Safety Code, 5382.0 17,which authorizes the commissionto 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 SafeDrinking 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 electronicreporting system for holders of permits fortheland application of sludge; 5371.028,which authorizes the commission to adopt rules regulating management ofused oil; and 5374.051,which authorizesthe commission to adopt rules to administer and enforce the dry cleaner program, and the TexasBusiness 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 TexasWater 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, individualswho submitto 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 orby 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 hisor her signature.

519.12. Authorized Electronic Signature.



## (a) When the electronic signature device isused to create an individual's electronic signature, the code ormechanism 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 fromcompromise; and


## 7

### (2) 

## report to the commission any evidence that the devicehas been compromised,within

onebusiness day ofthe discovery.

(b) 

## An electronic signature device is compromised ifthe code ormechanism is available for use by any other individual.

(c) An 

## electronic document must bear the valid electronic signature of a signatory ifthat signatoryisrequired under the authorizedprogram orthe state program to sign the paper document for which the electronic document substitutes.

(d) An 

## electronic signatureon an electronic document is valid ifit has been created with an electronic signature device that the identified signatoryis uniquely entitled to use for signing that document; the devicehas not been compromised; and the signatory is an individual who is authorized to sign the document by virtue ofhis orher legal status and/or his or her relationshipto theentity on whose behalf the signature is executed.

(e) Thepresence of an electronic signature on an electronic document submitted to the commission establishesthat the signatory intendedto 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 

## $3.2of 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 areporting requirement ofthe commissionif the person or signatory reports electronically and fails
to comply with the applicable provisions of this chapter, applicable statutes, commission rules, and the electronicparticipation agreement.

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

## ORDER ADOPTING NEW RULES AND REVISIONS TO THE STATEIMPLEMENTATIONPLAN

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 

## TexasRegister (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 

## TexasRegister 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, 

# 52001.033 (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 13 

# 2007 TEXAS COMMISSION ON EYVIRONMENTAL QUALITY

Kathleen Hartnett white, Chairman 

# I

## $& &7-;- 

### ?-WE 

### 8' 

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## 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 competentjurisdiction, 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, ChairmanThe 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 thattheadoption has been reviewed by legal counsel and found to be avalid exercise ofthe 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, pleasecall: (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 newsectionswill besubmitted tothe 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 documentsfor environmental programsthat EPA has delegated, authorized, or approved states to administer in accordancewith 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 areas legally enforceable as their paper counterparts. Where states intend to receive documents or reports electronically, CROMERR specifies criteria for theiracceptable 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 bywhich 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 inforce in Texas areadequate 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 thedocuments are administratively complete. Oncethe EPAdetermines 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 onewho 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, anddescribe enforcement remedies for noncompliance. SubchapterA - 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 

## 903program; 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 19.3sets forth the applicability of Chapter 19to persons who submit electronic final documentstothecommissiontocomply 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 maysubmit 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 ofElectronic 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 uniqueto his or her signature. Since proposal, the commission added that individuals desiring to use an electronic signature device must execute an electronic signature agreementwith 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 ifa signature would be required by the regulatory program on the paper document. This rulemaking stipulates an electronic signature on an electronic document isvalid if: it has been createdwith an electronic signature device that the signatory is uniquely entitled to usefor signing; the device has not been compromised; and the signatory is authorizedtosign the document. This section establishes that the signatory intendedto sign the document and submit itto 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 affirmsthat 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 IMPACTASSESSMENT 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'sCROMERR and providestandards ofcompliance and enforcement forthe commissionto 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 reviewedthe rulemaking and found thatthe rule is neither identified in Coastal Coordination Act Implementation Rules, 31TAC $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. EFFECTONSITES SUBJECTTOTHE 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 havetheoption to usethe commission's electronicdocument receiving system in lieu of submitting paper documentation. PUBLIC COMMENT



## 32 TexReg904 February 23, 2007 TexasRegisterThe proposal was published inthe 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 proposed919.12 nor doesthe proposed 919.12 appear to reference the proposed definition. EPA further statedthat 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 bythe commission. The commission appreciates EPA's support. 

## SUBCHAPTER A. GENERAL PROVISIONS 30 TAC $19.1, 819.3 STATUTORY AUTHORITY The new sections are adopted underTexas 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; 95.128, which authorizes the commission to encourage the use of electronic reporting; $26.011, 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. $382.017, 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 StatesEnvironmental Protection Agency (EPA) has delegated. authorized, or approved the State ofTexas to administer, or a program that the EPA has delegated, authorized, or approved the State ofTexas 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 electronicdocument receiving system, which can be viewed in a human-readable fonnat that clearly and accurately associatesall the information provided in the electronic document with descriptions or labeling ofthe 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 ofthe document or the circ~~~nstances of itsreceipt. (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--Aset 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 purposeofexpressing the samemeaningand intentionaswould ahandwritten signature if affixed to an equivalent paper document with the samereference to the same content. (6) Electronic signature agreement--A document drafted by tile executivedirector and signed by an individual withrespect to an electronic signaturedevice 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- of40Code of Federal Reg~~lations. mission to adopt rules regulating management of used oil; and



## ADOPTED RULES February 23,2007 32 TexReg905

### (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 anyprovision of40 Codeof 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~ttensignature--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 certifiesthat the adoption has been reviewed by legal counselandfoundto be avalid 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 areadopted underTexas Water Code, s5.103, which allows the commission to adopt any rules necessary to carry outthe powers andduties underthe provisions of theTexas Water Code and other laws of this state; s5.128, which authorizesthe 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 publicWeb site that it is accepting specified electronicdocuments; individuals whosubmit to the commissio~l electronic documents to satisfy requirenle~~ts of authorized programs or designated stateprogranls 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 allowanother indi\;idualto use the electronic signaturedevice unique to his or her signature. Thisagency hereby certifiesthat the adoption has been reviewed by legal counsel andfoundto be avalid exercise ofthe 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 Forfurther information,please call: (512) 239-0177 

## TITLE 40. 

## SOCIAL SERVICES AND 

## ASSISTANCE 

# PART 20. 

# TEXAS WORKFORCE COMMlSSlON CHAPTER 8

## 11. CHOICES The Texas Workforce Commission (Commission)adoptsthefollowing new sections, without changes, to Chapter 811, relating to Choices, as published inthe November24,2006, issueofthe 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 inthe 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-Xeg906 

## February 23, 

## 2007 Texas

## Register