### Bryan W. Shaw, Ph.D., 

### Chainnan Buddy Garcia, 

### Commissioner Carlos Rubinstein, 

### Commissioner Mark R. 

### Vickery, P.G., 

### ExecutiveDirector 

# RECEIVEO
- GPO\.. "IR PLANNING SEC.

H NOV -I 

# PH 3: 5\

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by

### ReducingandPreventingPollution 

## October28, 2011

Docket

# Nos. 201O-2068-RUL,201O-2074-SIP 

## AlfredoArmendariz, Ph.D. Regional Administrator U.S. Environmental ProtectionAgency

- Region 6 1445 

## Ross Avenue Dallas, Texas 75202-2733


## Dear.Dr. Armendariz:
On October5,2011, 

## the Texas Commission on Environmental Quality (Commission) adopted revisions to the State Implementation Plan (SIP).
The Commission adoptedthe repeal of§ 

## 101.30, 

## Conformity ofGeneral FederalActions to State Implementation Plans, in 30 

## TAC Chapter 101, 

## General Air Quality Rules, Subchapter A, General Rules; and corresponding revisions to the SIP. The repeal removes the General Conformity regulations in state rule that have been rendered unnecessaryby passage and implementation ofthe Safe, Accountable, Flexible, EfficientTransportation EquityAct: A Legacy for Users (SAFETEA-LU) in 2005. 

## Enclosed are the proposed revisions to the SIP, a publichearing certification, a complete record ofthe public hearing, andthe accompanying order. I lookforward to your expeditious approval ofthese SIP rev;isions. Sincerely,

# ?.;:;~:\ 

# ::D

Chairman BWSjjmm

Enclosures

cc: The Honorable Rick Perry, Governor ofTexas Mr. Toby Baker, Office ofBudget, Planning anq. Policy, Office ofthe Governor Mr. Mark R. 

## Vickery, P.G., Executive Director, Texas Commission on Environmental Quality

P.O. Box 13087 Austin, Texas 787!l-3087 512-239-1000 Internet address: VrlWW.tceq.state.tx.lls

## TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

Docket Nos. 201O-2068-RUL,201O-2074-SIP

THE STATE OFTEXAS COUNTY OFTRAVIS
This is to certify thatthe attached are true and correct copies ofdocuments for revisions to the Texas State Implementation Plan, adopted on October 5, 2011, pursuantto 40 Code ofFederal Regulations § 

## 51.104. I am the records administratorfor the Air Quality Planning ofthe Texas Commission on Environmental Quality (Commission).

# ~Q\~ avid er, 

# Direr Air Quality Planning Division Texas Commission on Environmental Quality

### Texas Commission on Environmental Quality Public Hearing May 31, 2011 Concerning General Conformity Revision to 30 TAC Chapter 101
Rule Project No. 2010-047-101-EN

### INTRODUCTION

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

on May 31,2011, to receive testimony regarding the proposed repeal of 30 Texas Administrative Code (TAC) Chapter 101, General Air Quality Rules, §101.30.

The rulemaking repeals the general conformity requirements in 30 TAC §101.30, which mirror
the federal requirements in 40 Code of Federal Regulations (CFR) Part 93, Subpart B and Part 51, Subpart Wand specifically reference the now repealed Part 51, Subpart W.

The comment period closed on June 6, 2011. 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/Order

Additional copies of this hearing record are maintained in the TCEQ central office at 12100 Park
35 Circle, Austin, Texas 78753. For further information, please contact Amy Muttoni at (512)
239-6351.

# PUBLIC NOTIFICATION AND PROPOSAL

### PUBLIC NOTIFICATION

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

1. Publication of notice of public hearing in the following newspapers on the date listed:
Austin American-Statesman: 

### April 25, 2011 Fort Worth 

### Star- Telegram: 

### April 25, 2011 Houston Chronicle: 

### April 25, 2011

2. Publication of the proposed repeal in the May 6, 2011, issue of the Texas Register

### (36 TexReg 2817).

3. Publication of the Notice of Public Hearing in the May 6, 2011, issue of the Texas Register(36 

### Tex,Reg 3035).

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 Austin, Mayor's Office City of Dallas, Department of Environmental Quality City of Dallas, Department of Aviation City of EI 

### Paso, Environmental Services City of Fort Worth, Environmental Management Department City of Houston, Department of Health and Human Services
East Texas Council of Governments

### EI Paso Metropolitan Planning Organization
Federal Highway Administration Galveston County Health District
Harris County Public Health and Environmental Services
North Central Texas Council of Governments Houston-Galveston Area Council
South East Texas Regional Planning Commission
Texas Department of Transportation
Travis County Judge
Victoria Metropolitan Planning Organization
Arkansas Department of Pollution Control and Ecology
Louisiana Department of Environmental Quality
New Mexico Environmental Department Oklahoma Department of Environmental Quality
United States Environmental Protection Agency

### Example of Newspaper Classified Ad
Austin American-Statesman, April 25, 2011

PUBUC HEARING ON
THE PROPOSED
REVlSlON TO 30 TAt
CHAPTER 101
AND REVISION TO
THE STATE lMpLI!MENTAnON PLAN

The Texas Commission on Environmental Quality (commission)**~III** conduct a public hearinl;J to receive testimony regarding the proposed repeal 30 Texas Administrative Code (TAC) ChaplEr 101, General Air Quality Rules, §lOl.)O; and revision to the state Implementation plan {SIP), under the requirements Texas Health and Safety Code, §3S2.017; Texas Government Cocle, Chapter 2001, Subchapter B; and 40 Code Federal Regulations §51.102 of the United States Environmental Protection AQency (EPA) regulations concerning SIPs.

The proposed rulemaking**~ould** repeal the veneral conformity requirements In 30 lAC §101.30,**~hlch** mirror the federal reqUirements in 40 Code of Federal Regulations (CFR) Part 93, SUbpart B and Part 51, Subpart w, and specifically reference the now repealed Part 51, Subpart W. Amended 40 CFR Part 93, Subpart B continues to subject certain federal actions to general conformity requirements**~ithout** the need tor Identical state rules and SIPs. (Rule Project Number 2010·047-101-EN)

The proposed SIP revision**~ould** remove references to the**no~** repealed 40 CFR Part 51, Subpart W. The SIP**~ision ~iIl**  be updated to instead reference 40 CFR Part 93, Subpart B. (5IP Project Number 2011·002·SIPNR)

.

The commis.sion**~i11** hold a publiC hearing on th'ese proposals in Austin on May 31, 2011, at 10:00 a.m. In Building E, Room 2015, at the commission's central omce located at 12100 Part: 35 Circle. The hearing 15 structured for the receipt of oral or**~ritten** comments by inten=Sted penons. IndlYlduals may pnsent onl statements**~hen** called upon In order of**~Istratlon.** Open diScussion wIN nat be permitted during the heartng; however, commission staff members**~1I1** be i!lvallable ttl .dtsaJss the proposal 30 rRnut"e5 prior to the heBrtng.

Persons who have special COmmunication or other accommodation- needs who are planning to attend the hearings should contact Sandy Wong, Office of Legal services at {S12) 239-1802. Requests should be-made as far in advance as possible.

Wr1tten comments may be submItted to Michael PamSh, HC 205, OffICe of Legal servIces, Texas Commis.slon on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808: Electronic comments may be submitted at: htt:p://www5.tceq. texils.gov/rufes/
ecommentsl. FIle size restrictions may apply to -comments being submitted via the e<:omments system. All comments pertaining to the rulemaklng should reference Rule Project Number 2010·Q47-101·EN. All comments relabng to the SIP revision should reference Project Number 2OU·OO2-SIP·NR. The comment period closes June 6, 2011. Copies of the proposed rulemaklng can be obtained from the commission's Web SoIte at http://www.tceq.texiJs .gov/nav/f1Jles/ propose<hr**~lclthc~50%·:></hr:>iJdopt.htmf.** Copies of the proposed SIP revisIon and all appendices can be obtained from the commission's Web site at htt:p://www.tceq.texiJs .goV/iJirquillity/sJp/sJpplans.htnJ/.
For further Information, please contact Amy Muttoni, Air Quality Planning Section, at 512·239-6351.a perpetual basis and the remainin 58 acre-feet ofwater peryear on a tenn basis. The application, techn cal memoranda. and the Executive Director's draft amendment are a ilable for viewing and copying at the Office ofthe ChiefClerk, 121 0 Park 35 Circle. Bldg. F.• Austin, Texas 78753. Written public com nts and requests for a public meeting should be received in thc Offi ofthe ChiefClerk, at the address provided in thc information sectio below, within 30 days ofthe date ofnewspaper publication ofthe nice. INFORMATION SECTION

Public Hearing on lhe Proposed Revision 1030 TAC Chapter 101 and Revision to the State Implementation Plan The Texas Commission on Environmental Quality (commission) will conduct a public bearing to receive testimony regarding the proposed repeal of30 Texas Administrative Code (TAC) Chapter 10I, General Air Quality Rules, §IOI.30; and revision to the state implementation plan (SIP), under the requirements ofTexas Health and Safety Code, §382.017; Texas Government Code, Chapter 2001, Subchapter B; and 40 Codc ofFedeml Regulations §51.1 02 ofthc United States Environmental Protection Agency (EPA) regulations concerning SIPs. To vicw the complete issued noti e, view the notice on our website atwww.tceq.state.tx.us/comm_exe Icc/pub

_notice.html or call the Of· fice ofthe ChiefClerk at (512) 23 -3300 to obtain a copy ofthe complete notice. When searching the bsite, type in the issued date range shown at the top ofthis document 0 obtain search results. A public meeting is intended for taking ofpublic comment, and is not a contested case hearing. The Executive Director can consid r approval ofan application unless a written request for acontested c hearing is filed. To request a contested case hearing, you must su it thc following: (I) your name (or for a group or association, an offic 

### I representative), mailing address. daytimc phone number, and fax n ber, ifany: (2) applicant(s) name and pennit number; (3) the statem nt "[I!we] request a contested case hearing"; and (4) a briefand spec' c description ofhow you would be affected by the application in a wa not common to the general public. You may also submitany proposed onditions to the requested application which would satisfy your can ms. Requests for a contested case hearing must be submitted in writ' g to the TCEQ Office ofthc Chief Clerk at the address provided 

### in th infonnation section below. Ifa bearingrequest isfiled, the Exe utive Directorwill not issue the requested pennit andmay forward th application and hcaring request to the TCEQ Commissioners for thei consideration at a scheduled Commission meeting. Written hearing requests, public omments or requests for a public meeting should be submitted to e Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Aust , Tcxas 78711·3087. For infonnation concerning the hearing proces , please contact the Public Interest**Counse~** MC 103, atthc same ad 55. For additional infonnation, individual members ofthe geneml p lic may contactthe Office ofPubtic Assistance at 1-800-687-4040. General infonnation regarding the TCEQ 

### can be found at our websi at www.tceq.state.tx.us. Si desea infonnaciOn en Espaftol, puede 11 ar aI1-800-687-4040. TRD-201101567 LeDonne Castanuels Chief Clerk Texas Commission on Environmen IQuality Filed: April 27. 2011 

# •

d Prairie, Texas 75052 oad 4206, Mount Pleasant, Texas Gene Freeman, 4422 Cabot Dr., Dorothy D.**Goebe~** 136 Private 75455 

# • Texas Ethics Commissio
List ofLate Filers Listedbelow arethe names offiler from the Texas Ethics Commission who did not file reports, or failcd t pay penahy fines for late reports in reference to the listed filing deadl' e. Ifyou have any questions, you may contact Robbie Douglas at (5 2) 463-5800. 

### Deadline: Semiannual Report d e January 18, 2011, for Candidates and Officeholders The proposedrolemaking would repealthc geneml confonnity requirements in 30 TAC §101.30, which mirror the federal requirements in 40 Code ofFederal Regulations (CFR) Part 93, Subpart B and Part 51. Subpart W, and specifically reference the now repealed Part 51, Subpart W. Amended 40 CFR Part 93, Subpart B continues to subject certain federal actions to general conformity requirements without the need for identical state roles and SIPs. (Rule Project Nwnber 2010-047-\01.El') The proposed SIP revision would remove references to the now repealed 40 CFR Part 51, Subpart W. The SIP revision will be updated to instead reference 40 CFR Part 93, Subpart B. (SIP Project Number 2011-oo2-SIP·NR) The commission will hold apublic bearingonthese proposals inAustin on May 31, 2011, at 10:00 a.m. in Building E, Room 201S, atthe commission's central office located at 12100 

### Park 35 Circle. The hearing is structured for the receipt oforal or written comments by interested persons. Individuals may present oral statements when called upon in order ofregistration. Open discussion 

### will not be pennitted during the hearing; however. commission 

### staffmembers will be available to discuss the proposal 30 minutes prior to the hearing. Persons who have special communication or other accommodation needs who are planning to attend the hearings should contact Sandy Wong, Office ofLegal Services, at (512) 239-1802. Requests should be made as far in advance as possible. Written comments may be submitted to Michael Parrish, 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://www5.tceq.texas.gov/roleslecommentsl. File size restrictions may apply to comments being submitted via the eComments system. All comments pertaining to the rolemak.ing should reference Rule Project Number 2010·047-101·EN. All comments relating to the SIP revision should reference Project Number 2011-002-SIP-NR The comment period closes 

### June 6, 2011. Copies ofthe proposed rolemaking can be obtained from the commission's Web site at 

### http://www.tceq.texas.gov/nav/ru/es/propose_adopl.html. Copies of the proposed SIP revision and all appendices can be obtained from the commission's Web site at

### http://www.tceq.texQS.gov/airqua/ity/sip/siJr p/ans.htm/. For further infonnation, please contact Amy Muttoni, Air Quality Planning Section, at (512) 239-6351. TRG-201101524 Robert Martinez Director, Environmental Law Division Texas Commission on Env\ronmental Quality Flied: April 21. 2011


# •• •

INADDITION May 6, 

## 2011 36 

## TexReg 3035

### BryanW. Shaw, Ph.D., 

### Chairman Buddy Garcia, 

### Commissioner Carlos 

### Rubinstein, 

### Commissioner MarkR Vickery, P

### .G.,

### ExecutiveDirector 

# TEXAS COMMISSION ON ENVIRONMENTAL QUALIlY Protecting Texas byReducing andPreventingPollution



## PUBLIC HEARING ON THE PROPOSED REVISION TO 30TAC CHAPTER 101 AND REVISION TO THE STATE IMPLEMENTATION PLAN

The Texas Commission on Environmental Quality (commission) will 

## conduct a public hearing to receive testimony regarding the proposed repeal of30 TexasAdministrative Code (TAC) Chapter 101, GeneralAir 

## Quality Rules, §101.30; andrevision to the state implementationplan (SIP), underthe requirements ofTexas Healthand Safety Code, §382.017; Texas GovernmentCode, Chapter 2001, SubchapterB; and40 Code of Federal Regulations §51.102 ofthe United States Environmental ProtectionAgency (EPA) regulations concerning SIPs.

The proposedrulemaking would repeal the general conformityrequirements in 30TAC §101.30, which mirrorthe federal requirements 

## in 40 Code ofFederal Regulations (CFR) Part 93, SubpartB and Part 51, SubpartW, and specificallyreference the now repealed Part51, SubpartW. Amended40 CFRPart 93, Subpart B continuesto subject certainfederal actions to general conformityrequirements withoutthe needfor identical state rules and SIPs. (Rule ProjectNumber 201O-047-101-EN)

The proposed SIP revision wouldremove references to the now repealed40 CFRPart 51, SubpartW. The SIP revisionwill be updatedto insteadreference 40 CFR Part 93, Subpart B. (SIP Project Number 2011-002-SIP-NR)

The commission will 

## hold a public hearing onthese proposals 

## in Austin on May 31, 2011, at 10:00 a.m. in Building E, Room 201S, atthe commission's central office located at 12100 Park35 Circle. The hearing is structuredfor the receipt oforal orwritten comments by

## interested persons. Individuals may presentoral statements when called upon 

## in orderofregistration. Open discussion will notbe 

## permitted during the hearing;

P.O. Box 13087 • Austin, Texas 78711-3087 • 512-239-1000 • Internet address: www.tceq.state.tx.us

## however, commission staffmembers 

## willbe available to discuss the proposal 30 minutes priorto the hearing.

Persons who have special communication or other accommodation needs who are planningto attend the hearings shouldcontact SandyWong, Office ofLegal Services at (512) 239-1802. Requests should be made as far in advance as possible.

Written comments maybe submittedto Michael Parrish, MC 205, Office ofLegal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, orfaxed to (512) 239-4808. Electronic comments maybe submitted at: http://WWW5.tceq.texas.gov/rules/ecomments/. File size restrictions may applyto commentsbeing submittedvia theeComments system. All comments pertainingto the rulemaking shouldreference RuleProjectNumber 201O-047-101-EN. All comments relatingtothe SIP revision shouldreference ProjectNumber 2011-002-SIP-NR. The commentperiod closes June 6, 2011. Copies ofthe proposedrulemaking canbe obtainedfrom the commission's Web site at 

# http://www.tceq.texas.gov/nav/rules/propose_adopt.html. Copies ofthe proposed -SIP revision and 

## all appendices canbe obtainedfromthe commission's Web site at 

# http://www.tceq.texas.gov/airquality/sip/sipplans.html. Forfurther information, please contactAmyMuttoni, 

## Air Quality Planning Section, at 512-239-6351.

### (c) A 

### person registered 0 licensed under the Act and employed by a finn [&£I: asseeiatioft

### • I'artflersh:i:p, ef eBPflBratieft] 

### shall 

### notifythe Board in written form [w

# fitmg] withinfive (5) 

### business days prior to leaving employment or n later than five (5) business days after leaving**emnlo~ent.** The 

### fir

### In must notifir 

### the board in 

### written 

### fonn within five (5) 

### business d';;;-s f an-;;-chan"e ofemDloVOlent ofa registered nmfessionalland surve;; r ffiPLS'.IfunemDlovment ofthe RPLS is due to a**bardshin~** 

### de.th 

### ccident or serious illness.. the firm may continue to 

### offer survevin2: ",ices**durin~** 

### atransition -period of not more 

### than 3 months nrovided e circumstance is 

### annroved bv the Executive Director 

### with consent f the board executive committee. 

### Consent shall be based on the invo ement and overshrhtofa licensed RPLS in 

### the nrnvision ofsurvevin 

### services.**[M!Ieuf>_~** elftflls} ftleflt.] 

### (d) Theboard mayrefuse t 

### issueorrenewandmay suspendor revoke the registration ofany finn 

### eMiBesseftti!l'l and may impose an administrative penalty against 

## tl! eowner ofafinn [I!tI5i&ess

### etHi!l'l for a violation ofthis 

### chapter by 

### a employee, agent, or other repre

### sentative ofthe finn 

### [eftti!l'], inclo ling a registered professional land surveyor employedby the entity a**~~** time afthe violation. A FIRM 

### REGISTRATION IS NOTTRANS RABLE WITHOUTMEETING THE REOUIREMENTS IN SUBS CTION 'a OF TIllS SECTION. [(et

# +lle-mer_ tIt& 'fel!llS

....

### l.mel 

### GeftCf&I f<ll'**~f'fel3:Fiate** 

### ae8eft aBY 

### ""ti.......e

# _I!le
Aol "" '&BY

### esseeiatiea,pBItac,ship, 6f efferiBg

### sw •

### e, ing

### 5eI'Yiees

__**t&e&tBjlly_~** 

## W [tlt] 

### Any finn furnishiJ 

### g contractland 

### surveying crews to persons or finns other 

### than those 

### '·istered under this Act [,_ tieM;-par-mershifls 6f 

### e6fJ'8l"fltiens fleeBsed

### erfegisfefCd tI:ft6efthis 

### -set] must have a registered profes 

### ianal land surveyor as a fullMtime 

### employee 

### in that

### firm as reflected iJ i3 registration fann filed 

### withthe 

### board. [A_o"",l.lOO;"&ft

.. cfftJ'le}ed.ey.il:eelBl'aft) 

## me eft**g8iBg~withil:** . &f

### M ,eileEitt1od W<lf1<!Ieuf> J'CI' weel<;-

### £ 

### weeI<sJ'CI'year,

### 1 

## ill [tgllA nonrefundable e, as established by 

### the Board, will be submitted with the registration 

### onn. {gl Nofirm em"lovee othe than

### the RPLS shall affix an RPLS seal and/orthe RPLS silJ11l'1ture to nv 

### Surv""" document. 

## ill A full-time emnlovee i an individual emnlovedbv acomDanv in 

### an on-lloino: nosition with a minimum of35 scheduled work 

### hours week. 52 

### weeks ncrveo. 

## ill Tho Board mav refer

### to 'he Texas Attomev General for annronriate action 8IlV I'IP1'WlD reaj.m-. 

### d or

### licensed under

### the Act orany firm offerinv survevinO' services th t fails to com I 

### with this section. 

### This agency herebycertifiestha**~jrOPOSal** 

### has been reviewed by legal counsel and lound to be

. in the agency's legal authority to adopt. Filed with the Office ofthe Sec, tary of State on April 25, 2011. TRD-201101557 Frank DITucd Executive Director Texas Board of Professional Land urveying Ear1iest possible date of adoption: une 5. 2011 For further information, please call: (512) 2311-5263 

# • • TITLE 30. ENVIRONMENTAL QUALITY 

## PART 1. 

## TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 101. GENERAL AIR QUALITY RULES SUBCHAPTER

## A. GENERAL RULES 30 TAC §101.30 (Editor

# snote: The text 

## 0/thefollowing sectionproposed/or repeal willnotbepublished 

### Thesection may

### be uaminedin the offices a/the 

### Texas Commission on Environmental Quality 

### or in the 

### Texas Register office, Room 

### 245, James 

### Ea,.l Rudder Building, /0/9 Brazos Street, Austin, Texas.) 

### The Texas Commission on Environmental Quality (commission) proposes the repeal of §101.30. 

### If adopted, the 

### repeal would be submitted to the United States Environmental Protection Agency (EPA) asa revision to

### the state implementation plan (SIP). Background and Summary ofthe Factual Basis lorthe Proposed Repeal This rulemaking would align certain general conlonnlty air quality rules and definitions with federal regUlations by repealing §101.30, 

### Conlonnity of General Federal Actions to State implementation Plans. This provision was superseded by federal regulation. On December 12, 1994, 

### the commission adopted §101.30. 

### The purpose of the rule was to establish the criteria and procedures lorgeneral conlonnity detenninations, as required by 40 

### Code of Federal Regulations (CFR) §51.851. 

### In August 2005, 

### the Unijed Stales Congress passed the Safe, Accountable, Flexible, Efficient Transportation EquityAct: A Legacylor Users (SAFETEALU) that eliminated the requirement lorstates to 

### adopt and submit general conlonnity SIP revisions. On AprilS, 2010, 

### the EPA adopted revisions to 

### the general conlonnity regulations in 40 CFR Parts 51 

### and 93 (75 

### Federal Regisler17254, 

### AprilS, 2010). 

### The revisions made the adoption and submittal of the general confonnity SIP optional lor the state and deleted all of 40 

### CFR Part 51, 

### Subpart Wexcept for §51.851. 40 

### CFR §51.851 

### was revised to clarify that if a state chooses to 

### submij a general conlonnity SIP, ij must be consistent with the 

### requirements of 40 

### CFR Part 93, 

### SUbpart B. These changes beceme effective on July 6, 2010. 

### The EPA's April 2010 

### revisions also added lour new sections to 40 

### CFR Part 93: §§93.161, 93.163,**93~164,** 

### and 93.165. 

### Under the new 40 

### CFR §93.161, 

### federal agencies may negotiate a facility-wide emissions bUdget to be incorporated into the SIP. After the EPA approves the SIp, any action at the facility can be presumed to 

### conlonn W the emissions from the 

### proposed action along 

### with all other emissions at the facility are within the approved facility-wide emissions budget. Therefore, a conlormity detennination would not be necessary. The new 40 

### CFR §93.163 

### allows eltemate schedules for mitigating emissions increases. Federal agencies and states cen negotiete a program forsome emissions mitigation to occur in Mureyears, and states cen use this approach to 

### accommodate short-lenn increases in emissions if the stale believes thet a substantiel long-tenn re

### duction in emissionswill resultfrom afederal action. The new40 

### CFR §93.164 

### allows the emissions ofone precursor ofa criteria pollutantto be offsetbythe reduction in the emissions ofanother precursor of that pollutant. For example, emissions of volatile



## PROPOSED RULES May 6, 

## 2011 36 

## TexReg 2817organic compounds could be offset by a reduction in emissions of nitrogen oxides. Finally, the new 40 CFR §93.165 incorporates the use of early emissions reduction credits into the reg

### ulations. This section also provides other federal agencies 

### with regulations and guidance similar to the Airport Early Emissions Reduction Credit program established bythe United States Congress in the Federal Aviation Administration Reauthorization Act of 2003. The general conformity requirements in §101.30 mirror the federal requirements in 40 CFR Part 93, SUbpart B and Part 51, Subpart W, and specifically relerence the now repealed 40 CFR Part 51, SUbpart

## W. Amended 40 CFR Part 93, Subpart B continues to subject certain lederal actions to general conformity r&- quirements without the need for identical state rules and SIPs. Therefore, repealing the state rule would not impact program continuity, but would eliminate relerences. in the state rule to repealed lederal rules and the need forfuture stale rule revisions as a resutt of amendments to lederal regu lations. Section Discussion The proposal would repeal §101.30, Conformity of General Federal Actions to State Implementation Plans, to meet the requir&- ments of the SAFETEA-LU that eliminated the requirement for states to adopt and**subm~** general conformity SIP revisions. Fiscal Note: Costs to State and Local Government Jeffrey Horvath, Analyst in the Strategic Planning and Assessment Section, has determined that for the first five-year period the proposed rule is in effect, no significantfiscal implications are anticipated for the agency, and no fiscal implications are anticipated for other units of state or local government as a resutt of administration or enforcement ofthe proposed rule. The proposed rulernaking would repeal 

### § 101.30. The repeal of the Conformity of General Federal Actions to State Implementation Plans rule would align certain agency air quality rules and definitions federal regulations. The proposed repeal would eliminate references in state rules to repealed _ral rules and 

### is therefore not anticipated to have fiscal implications for units of state or local government The agency may experience operational efficiencies in thatthe proposed rule may eliminate the need for any future stete rule revisions that would be required due to changes in federal regUlations; but these efficiencies are not expected to be significant Public Benefits and Costs Mr. Horvath has also determined that for each year of the first frve years the proposed rule is in effect, the pUblic benefit anticipated from 

### the change seen in the proposed rule will conform with federal rules and regulations. No fiscal implications are anticipated for businesses or individuals as a result of administration or enforcement ofthe proposed rule. The proposed rulemaking would align certain general conformity air quality ruies an.d definitions with _ral regulations by repealing the Conformity of General Federal Actions 

### to State Implementation Plans rule. This provision has been superseded by federal regulation. Small Business and Micro Business Assessment No adverse fiscal implications are anticipated for small or micro-businesses as a result of administration or enforcement of the proposed rule. 

### The proposed rulemaking would align certain general conformity air quelity rules and**defin~ions** federal



## 36 TexReg 2818 

## May 6, 

## 2011 Texas Register regulations and is not expected to affect any business, large or small. Small Business Regulatory FleXibility Analysis The commission has reviewed this proposed rulemaking and determined that a smallbusiness regulatory flexibility anaiysis is not required, because the proposed rule does not adversely aflect small or micro-businesses forthe firstfive years thatthe proposed rule 

### is in effect. Local Employment Impact S1atement The commission has reviewed this proposed rulemaking and determined that a local employment impact statement is not r&- quired, because the proposed rule does not adversely affect a local economy in a material way for the first flve years that the proposed rule is in eflecl Draft Regulatory Impact Analysis Determination The commission reviewed the proposed rulemaking in lightofthe regulatory analysis requirements of Texas Government Code, §2001.0225, and determined that the proposed rulemaking action is not SUbject to §2001.0225, because does not meet the definition 

### ofa majorenvironmental rule as defined in that statute. Major environmental rule means a rule, 

### the specific intant of which, 

### is to protect 

### the environment or reduce risks to human health from environmental exposure and that may adversely aflect in a material way

### the economy, a sectorofthe economy, productivity, competition, jobs, the environment or

### the public heaith and salety 

### ofthe state or a sector of the state. The repeal of §101.30 is not intended to protect the environment or reduce risks to human heaith from environmental exposure to air pollutants. The repeal is necessary to meet the requirements of the SAFETEA-LU that eliminated the requirement for statas to adopt and**subm~** general conformity SIP revisions and repeals the federal general conformity rules relerenced by §101.30. Therefore, 

### the commission finds that is not a major environmental rule. Adldilionally, 

### the repeal does not affect in a material way 

### the economy, a sector ofthe economy, productivity, compelliion, jobs, 

### the environment, orthe public heaith and saletyof

### the state ora sectorof

### the stale. Federal agencies are still subjectto general COnformity demonstrations under federal rules. 

### The commission invites public comment regarding 

### the draft regulatory impact analysis determination dUring the publiccomment period. Written comments on the draft regulatory impact analysis determination may be submitted to

### the contact person at the address listed underthe SUBMITIAL OF COMMENTS section of this preamble. Takings Impact Assessment The commission conducted a takings impact evaluation for the proposed rule in accordance Texas Government Code, §2007.043. The specific purpose of 

### the proposed rulemaking is to meet lederal general conformity rules by repealing state SIP-approved rules that are now unnecessary and relerence rules repealed by the SAFETEA-LU. The proposed repeal will not burden private, real properly because general conformity requirements applyonly to lederal actions that potentially impact nonattainment areas in the state. General conformity requir&- ments are mandated by lederal law, specifically 42**Un~ed** States Code, §7506(c)(1). Through this repeal, conformity requirements ere now implemenledexclusively through federal rule. Consequently, the proposed repeal 

### is an action reasonably taken to fulfill an obligation mandated by federal regulations.

# TEXAS Y UTH COMMISSION This agency hereby certifiesthatthe proposal has been reviewed by legal counsel and found to bewithin the agency's legal authority to adopt. Flied with the Office ofthe Secretary of State on April 21, 2011. TRD-201101523 Robert Martinez Director, Environmental Law Division Texas Commission on Environmental Quality Ear1iest possible date of adoption: June 5, 2011 For further information, please call: (512) 239-2546 

# • TV AND 

## CORREC- 

# • TITLE 37. PUBLIC S nONS 

## PART 3. period closes June 6, 2011. Copies of the proposed rulemaking can be obtained from the commission's Web site at http://www.tceq.texas.govlnav/ruleslpropose_adopt.html. For further information, please contact Amy Muttoni, Air Quality Planning Section, at (512) 239-6351. Statutory Authority The repeal is proposed underTexasWater Code (TWC), §5.1 02, concerning General Powers, §5.103, concerning Ruies, and §5.105, concerning General Policy, which authorize the commission to adopt rules as necessary to cany out 

### tts power and duties underthe TWC. The repeal is also proposed underTexas Health and Safety Code (THSC), Texas Clean Air Act (TCAA), §382.011, which authorizes the commission 

### 10 administer the requirements of the TCAA; THSC, §382.Q13, which authorizes the commission to designate air quality control regions to provide adequate implementation of air quality standards; and THSC, §382.017 which authorizes the commission to adopt ruies consistent with the policy and purpose ofthe TCAA. The proposed repeal Implements TWC, §§5.102, 5.103, and 5.105; and THSC, §§382.011, 382.013, and 382.017. 

### § 101.30. Confol'mityofGene,.alFederalActions to State Implementation Plans.



## CHAPTER 85, ADMIS ION, PLACEMENT, RELEASE, AND DISC GE SUBCHAPTER B. 

## PL CEMENT PLANNING 37 TAC §85.21 The Texas Youth Commission C) proposes an amendment 

### to §85.21, concerning Place ent Assignment System. The amended rule establishes that r1ain youth who were commttted 

### to TYC for offenses of mo rale severity and who receive a score in the lowest category the agency's risk assessment may be eligible for an inttial pi cement at a medium restrtction facility. The amended rule als allows the executive director to make exceptions to placemen requirements On a case-bY-case basis, ifjustified by the youth' needs and pUblic safety consid

### erations. Other changes in amended rule include several minor clarifications and upda to terminology. Janie Ramirez Duarte, Chief inancial Officer, has determined that for the first five-year perio the section is In effect, there will Therefore, this proposed rulemaking action will not constitute a taking underTexas Government Code, Chapter 2007. Consistency with the Coastal Management Program The commission reviewed the proposed rulemaking and found that the proposal is subject to the Texas Coastal Management Program (CMP) in accordance with the Coastal Coordination Act, Texas Natural Resources Code, §§33.201 

## et seq., and therefore, must be consistent with all applicable CMP goals and policies. The commission reviewed this proposed rulemaking for consistency with the CM P goals and polides in accordance with the regulations of the Coastal Coordination Council and determined that the proposed rulemaking will not affect any coastal natural resource areas. The CMP goals applicable to the proposed rulemaklng is the goal to protect, preserve, restore, and enhance the diversity, quality, quantity, functions, and values of coastal natural resource areas. No new sources of air contaminants would be authorized in those affected counties, and it is possible that ozone levels would be reduced as a resutt of the proposed rulemaking. The CMP policy applicable to this proposed rulemaking action is the policy that commisSion rules comply with regUlations in the CFR 

### to protect and enhance air quality in the coastal area (40 CFR §501.32). This rulamaking proposal would not have a detrimental effect on SIP emissions reduction obligaijons relating to maintenance of the ozone National Ambient Air Quality Standard. This proposed rulemaking action complies with the CFR. Therefore, in compliance with 40 CFR §505.22(e), this proposed rulemaking action is consistent with CMP goals and policies. PromUlgation and enforcement of the proposed rule would not violate or exceed any standards identified in the applicable CMP goals and policies because the proposed rulemaking is consistent with these CMP goals and policies, and because the proposed rule does not create or have a direct or significant adverse effect on any coastal natural resoUrce areas, Written comments on the consistency Ofthis rulemaking may be submitted to the contact person at the address listed under the SUBMITIAL OF COMMENTS section of this preamble. Announcement of Hearing The commission will hold a public hearing on this proposal in Austin on May 31, 2011, at 10:00 a.m. in Building E, Room 201S, at the commission's central office located at 12100 Parl< 35 Circle. The hearing is structuned for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not be permitted during the hearing; however, commission staff members wili be available to discuss the proposal 30 minutes prior to the hearing. Persons who have special communication or other accommodation needs 

### who are planning to attend the hearing should contact Sandy Wong, Office of Legal Services at (512) 239-1802. Requests should be made as far in advance as possible. Submittal of Comments Written comments may be submitted to Michael Parrish, 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://www5.tceq.texas.gov/rules/ecommentsl. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Rule Project Number 2010-047-101-EN. The comment



## PROPOSED RULES May 6, 

## 2011 36 

## TexReg 2819

# WRITTEN AND ORAL TESTIMONY

### INDEX OF WRITIEN TESTIMONY

NO WRITTEN TESTIMONY WAS RECEIVED PERTAINING TO THIS RULE REPEAL.

## INDEX OF ORALTESTIMONY



## NO ORALTESTIMONYWAS RECEIVED PERTAININGTO THIS RULE REPEAL.

# - 1

- 

# Texas Comlnission on Environmental Quality Public Hearing Registration
Date: May 31, 2011



## Time: 10:00AM 

## Rule Project No.: 2010-047-101-EN and corresponding SIP revision, TCEQ ProjectNumber 20n-002-SIP-NR ShortTitle: General Confortnity Rule Repeal Location: Austin, Building E, 

## Room 2018, atthe commission's central officelocated at 12100 Park35 Circle Concerning: Proposed repeal to 30 TAC Chapter 101. §101.30 and SIP revision .



## Name and Phone No. or E-mail Address Representing Presenting Oral Testimony? (Please Print)

. (Circle One)
Yes No



# "" 0r0L. Yes No

# 0f/~**V~** Yes No

/' 

### ..



## , 

# "

# .~~ 

# / [)(\ Yes No I' ./ 

# N\) .C-/ 

# / / Yes No



## • 

# L/ Yes No

Yes No

Yes No



## .

## HEARING

## OFFICERREPORT

I am 

## the hearing officer assigned to conduct the public hearing regarding the Amendment to 30 TAC §101.30, Rule Project No. 201o-047-101-EN, and corresponding revision to the stateimplementationplan.
A public hearing was 

## scheduled in Austin on May 31, 2011 at 10:00 AM 

## in Building E, Room 2018, at the commission's central office located lrt: 

## 12100 Park 35 Circle. TCEQ staffand a courtreporterwerepresentforthe publichearing.
At 

## 9:30 AM, 

## the room was 

## open and TCEQ staff 

## members were available to discuss the proposal. At 

## 10:00 AM, 

## TCEQ staff

## and a court reporterwerepresent 

## and ready to open the hearing for public co=ent. After waiting for ten minutes, no one had arrived to make co=ents on the record. Therefore, the public hearing was 

## not formally opened for comment and a transcript was 

## not prepared.

Hearing Officer

Date signed

# EVALUATION OF TESTIMONY

# Texas 

# Commission on Environmental Quality InterofficeMemorandum
To: 

# Thru: Commissioners
MelissaChao, Acting ChiefClerk MarkR. Vickery, P.G., Executive Director 

# Date: September 16, 2011



## From: SusanaM. Hildebrand, P.E,**ChiefEngin~**


## Docket No.: 2010-2068-RUL 

# \Y
Subject: CommissionApproval for RulemaldngAdoption Chapter 101, GeneralAir Quality Rules General Conformity Rule Repeal Rule ProjectNo. 201O-047-101-EN


## Backgroundand reason(s) forthe rulemaking: On December 12, 1994, the Texas Natural Resource Conservation Commission, nowknown as the Texas Commission on Environmental Quality (TCEQ), adopted30 Texas Administrative Code (TAC) Chapter 101, SubchapterA, 

## §101.30, Conformity ofGeneral FederalActions to State Implementation Plans. The purpose ofthe rule 

# was to establish the criteria and procedures for general conformity determinations, as requiredby40 Code ofFederal Regulations (CFR) §Sl.8S1. InAugust 2005, the United States Congress passed the Safe, Accountable, Flexible, EfficientTransportation EquityAct: ALegacy for Users (SAFETEA-LU) that eliminatedthe requirementfor statestoadopt and submitgeneral conformity state implementationplan (SIP) revisions. OnApril 5, 2010, theUnitedStates Environmental Protection Agency (EPA) adoptedrevisions to the general conformity regulations in 40 CFRParts 51 and 93 (75 

## FederalRegister 17254, Aprils, 2010). The revisions made the adoption and submittal ofthe general conformity SIP optional forthe state and deletedallof40 CFRPart51, SubpartW exceptfor §51.851. Title40 CFR §51.851 was revisedto clarifythat 

## ifa state chooses to submit a general conformity SIP, itmustbe consistentwith the requirements of40 CFRPart 93, SubpartB. These changesbecame effective onJuly 6, 2010.
The EPA'S April 2010 revisions also addedfour new sectionsto40 CFRPart93: §§93.161, 93.163, 93.164, and 93.165. Underthe new40 CFR §93.161, federal agencies may negotiate a facility-wide emissions budgetto be incorporatedintothe SIP. Afterthe EPAapproves the SIPrevision, any action atilie facility canbe presumedto conform 

## ifthe emissions from the proposedaction along wiili all oilieremissions atthe facility arewiiliinthe approvedfacility-wide emissionsbudget. Therefore, a conformitydetermination would not 

## be necessary. The new40 CFR §93.163 allows alternate schedulesfor mitigating emission increases. Federal agencies and states can negotiate a programfor some emissions mitigationto occurin future years, and states canuse this approachto accommodate short-term increases in emissionsifilie statebelieves that a substantial long-term reduction in emissions will resultfrom afederal action. The new40 CFR §93.164 allowsthe emissions ofone precursor ofa criteriapollutanttobe offsetbyilie reduction in ilie emissions ofanotherprecursorofiliatpollutant. Forexample, emissions

## Commissioners Page 2 September 16, 2011
Re: 

## DocketNo. 2010-2068-RUL

ofvolatile organic compounds could

## be offsetby 

## a reduction in

## emissions ofnitrogen oxides. Finally, the new40 CFR§93.165 incorporates theuse ofearly emissions reduction credits intothe regulations. This section also provides otherfederal agencies with regulations and guidance similartotheAirportEarly Emissions Reduction Creditprogram establishedby the United States Congress in the FederalAviationAdministration ReauthorizationActof2003. The general conformity requirements in 30 TAC §101.30 mirrorthe federalrequirements in 

## 40 CFR Part93, Subpart B andPart51, SubpartW, and specifically reference the now repealed Part51, SubpartW. Amended40 CFRPart93, SubpartB continuesto subject certainfederal actions to general conformity requirements withoutthe needforidentical state rules and SIPs. Therefore, repealingthe state rulewill notimpactprogram continuity, butitwill eliminatereferences in state rules to repealedfederal rules andthe needforfuture staterule revisions as aresult ofamendments to federal regulations. 

## Scope ofthe rulemaking: The adoptedrule revision will repeal 30 TAC §101.30. A.) 

## Swnmaryofwhatthe rulemakingwill do: The adoptedrulemaking will repealthegeneral conformityrequirements in 30TAC §101.30, which mirrorthe federal requirements in 40 CFRPart 93, SubpartB and Part51, SubpartW, and specifically reference thenowrepealedPart51, SubpartW. Amended40 CFRPart93, Subpart B continues to subject certain federal actions to general conformity requirements withoutthe needfor identicalstate rules and SIPs. Therefore, repealingthe state rulewill notimpactprogram continuity, but it

## will eliminate references in staterules to repealedfederal rules and the needforfuture state rule revisions as a resultof amendments tofederal regulations. 

## D.) Scoperequired

## byfederal regulations or state statutes: The adoptedrulemaking will repealthe general conformity requirements in 30TAC §101.30, which mirrorthe federal requirements in 40 CFRPart 93, SubpartB andPart51, SubpartW, and specificallyreferencethe now repealedPart51, SubpartW. 

## C.) Additional staffrecoDlDlendations that are notrequired

## byfederal rule or state statute: None. 

## Statutory authority: The repeal is adoptedunderTexas WaterCode (TWC), §5.102, concerning General Powers, §5.103, concerning Rules, and §5.105, concerning General Policy, which authorizethe commission to 

## adopt rules as necessaryto carryoutits power and duties undertheTWC. Therepeal is also adoptedunderTexas Health and SafetyCode (THSC), Texas CleanAir Act 

## ('rCAA), §382.011, which authorizes the commissionto administerthe requirements of theTCAA; THSe, §382.013, which authorizes the commissionto designate airquality

## Commissioners Page 3 September 16, 2011
Re: DocketNo. 2010-2068-RUL

controlregions to provide adequateimplementation ofairquality 

## standards;·andTHSC, §382.017 which authorizes the commissionto adoptrules consistentwiththe policy and purpose ofthe TCAA. The adopted repealimplements TWC, §§5.102, 5.103, and5.105; andTHSC, §§382.011, 382.013, and 382.017. 

## Effectonthe: A.) Regulated·community: There will be no effect onthe regulatedcommunitybecanse the regulatedcommunitywill needto comply withthe federal rules whether staterules are revised ornot. The rule repeal improves clarityby eliminating references to outdated requirements. 

## B.) Public: The adopted rule revisions will nothave an adverse affecton the public. 

## C.) Agencyprograms: Repealingthe rule will streamline the process for the agencyby eliminating the needfor any future federal rule revisions that might affectconformitydetermination. 

## Stakeholdermeetings: Stakeholdermeetings were notheld. 

## Public comment: No public comments were received. 

## Significantchanges from proposal: There are no changes from proposal. 

## Potential controversial concerns andlegislativeinterest: None anticipated. 

## Does this rulemaking affect any currentpolicies orrequire developmentof newpolicies? Nopolicies are affectedbythis adoptedrulemaking. 

## What arethe consequences ifthis 

## rulemaking does notgo forward? Arethere alternatives to rulemaking? Iftherule repeal does not go forward, 30 TAC §101.30 will continue to reference the now repealed 40 CFRPart51, SubpartW.

## Commissioners Page 4 September 16, 2011
Re: DocketNO.2010-2068-RUL


## Keypoints 

## in theadoption rulemalcing schedule: 

## Texas 

# Registerproposalpublication date: 

## May 6, 2011

. Anticipated 

## Texas 

# Registerpublication date: 

## October 21, 2011 Anticipatedeffective date: 

## October 27, 2011 Six-month**T~"US** 

## Registerfiling deadline: 

## November7,2011 Agency contacts: 

## Amy Muttoni,Rule ProjectManager, 239-6351, Air QualityDivision John Minter, 

## StaffAttorney, 239-0663 MichaelParrish, Texas RegisterCoordinator, 239-2548 Attachments 

## 75 FederalRegister 17254, April 5, 

## 2010



## cc: 

## ChiefClerlc, 2 

## copies Executive Director's 

## Office SusanaM. Hildebrand, P.E. Anne Idsal Curtis 

## Seaton Ashley Morgan

. 

# Office ofGeneral Counsel Amy Muttoni Michael Parrish

## EVALUATION OFTESTIMONY



## TheTexas Commission on Environmental Quality (TCEQ or commission) adopts the repeal of§101.30 

# withoutchange to the proposedtext as published inthe May 6, 2011, issue ofthe 

# TexasRegister (36 TexReg 2817). The textwill not be 

## republished.

The adoptedrepeal will be submittedto the United States Environmental Protection Agency (EPA) as a revision to the state implementation plan (SIP).



# Background and Summary ofthe Factual Basisfor the Adopted Rule
This rulemaking action will align certain general conformity air quality rules and definitions withfederal regulations by repealing §101.30, Conformity ofGeneral
FederalActions to State Implementation Plans. This provisionwas supersededby federal regulation.

On November 16,1994, the commission adopted Chapter 101, SubchapterA, §101.30, Conformity ofGeneral FederalActions to State Implementation Plan. Thepurpose of the rule was to establish the criteria andprocedures for general conformity determinations, as requiredby 40 Code ofFederal Regulations (CFR) §S1.8Sl. In August 200S, the United States Congress passedthe Safe, Accountable, Flexible, EfficientTransportation EquityAct: ALegacy for Users (SAFETEA-LU) that eliminatedthe requirementfor states to adopt and submitgeneral conformity SIP revisions. OnAprilS, 2010, the EPA adopted revisions to the general conformity regulations in 40 CFR Parts SI and 93 (7S 

# FederalRegister 172S4, AprilS, 2010). The

1

## revisions madethe adoption and submittal ofthe general conformity SIP optional for the state and deleted all of40 CFRPart 51, SubpartWexceptfor §51.851. 40 CFR §51.851 was revisedto clarify

## that ifa state chooses to submit ageneral conformity SIP, itmustbe consistentwiththe requirements of40 CFR Part 93, SubpartB. These changes became effective on July 6, 2010.

The EPA's April 2010 revisions also addedfour new sections to 40 CFR Part93: §§93.161, 93.163, 93.164, and 93.165. Underthe new 40 CFR §93.161, federal agencies
may negotiate a facility-wide emissions budgetto be incorporatedinto the SIP. After the EPA approves the SIP revision, any action at the facility canbe presumedto conformifthe emissions from the proposed action along with all otheremissions atthe facility are within the approvedfacility-wide emissions budget. Therefore, a conformity determination would notbe necessary. The new40 CFR §93.163 allows alternate schedules for mitigating emissions increases. Federal agencies and states can negotiate a program for some emissions mitigation to occurin future years, and states

can use this approachto accommodate short-term increases in emissions ifthe state believes that a substantial long-termreduction in emissions will resultfrom a federal action. The new 40 CFR §93.164 allows the emissions ofone precursor ofa criteria pollutantto be offsetbythe reduction in the emissions ofanother precursor ofthat pollutant. Forexample, emissions ofvolatile organic compounds couldbe offsetby a reduction in emissions ofnitrogen oxides. Finally, the new40 CFR §93.165 incorporates the use ofearly emissions reduction credits into the regulations. This section also provides otherfederal agencies withregulations and guidance similarto

2

## the Airport Early Emissions Reduction Creditprogram establishedby the United States Congress inthe FederalAviationAdministration ReauthorizationAct of2003·



## The general conformity requirements in §101.30 

## mirrorthe federal requirements in 40 

## CFR Part 93, Subpart B and Part 51, 

## SubpartW, andspecificallyreference the now repealed Part 51, 

## SubpartW. Amended 40 

## CFR Part 93, SubpartB continues to subject certain federal actions to general conformityrequirements withoutthe needfor identical state rules and SIPs. Therefore, repealing the state rule will notimpact
program continuity, butit will eliminate references inthe state rule to repealedfederal
rules andthe needfor future state rule revisions as a result ofamendments to federal regulations.

Section Discussion
The adoption repeals §101.30, 

## Conformity ofGeneral FederalActions to State Implementation Plans.



## Final Regulatory ImpactAnalysis The commission reviewedthe adopted rulemaking inlight ofthe regulatory analysis requirements ofTexas Government Code, §2001.0225, 

## and determinedthatthe rulemaking action is not subjectto §2001.0225 

## because it does not meetthe definition ofa "majorenvironmental rule" as definedinthat statute. "Majorenvironmental rule"

means a rule, the specific intent ofwhich, is to protectthe environment orreduce risks
to human health from environmental exposure andthat may adversely affectin a material way the economy, a sector ofthe economy, productivity, competition,jobs,
3

## the environment, orthe public health and safety ofthe state or a sector ofthe state. The repeal of§101.30 

## is not intended to protectthe environment or reduce risks to human health from environmental exposure to air pollutants. The repeal is necessary
to meet the requirements ofthe SAFETEA-LUthat eliminatedthe requirement for

states to adopt and submit general conformity SIP revisions andrepeals the federal general conformity rules referencedby §101.30. 

## Therefore, the commissionfinds that itis not a "majorenvironmental rule." Additionally, the repeal does not affect in a material way the economy, a sector ofthe economy, productivity, competition,jobs, the environment, orthe public health and safety ofthe state or a sector ofthe state. Federal agencies are still subjectto general conformity demonstrations underfederal rules.

The commission invited pu?lic commentregarding the draft regulatory impact analysis determination during the public commentperiod, and no comments were received.



## Takings ImpactAssessment The commission conducted a takings impact evaluation for the adopted rulemaking in accordance withTexas Government Code, §2007.043. 

## The specific purpose ofthe adopted rulemaking is to meet federal general conformity rules by repealing state SIPapproved rules that are now unnecessary and that reference rules repealedby the SAFETEA-LU. The adopted repeal will notburden private, real propertybecause general conformityrequirements apply onlyto federal actions that potentially impact nonattainment areas inthe state. General conformity requirements are mandatedby

4

## federal law, specifically 42 United States Code, §7s06(c)(1). Throughthis repeal, conformity requirements are now implemented exclusivelythroughfederal rule. Consequently, the adopted repeal is an action reasonably takento fulfill an obligation mandatedbyfederal regulations. Therefore, this adoptedrulemaking action will not constitute a taking underTexas Government Code, Chapter 2007.

Consistencywith 

## the Coastal Management Program The commission reviewedthe adopted rulemaking andfound thatthe adoptionis subjecttothe Texas Coastal ManagementProgram (CMP) in accordance with the Coastal CoordinationAct, Texas Natural Resources Code §§33.201 et

## seq., and therefore, mustbe consistentwith all applicable CMP goals and policies. The commission reviewedthis adoptedrulemaking for consistencywiththe CMP goals and policies in accordance with the regulations ofthe Coastal Coordination Council and determinedthatthe adopted rulemaking does notaffect any coastal natural resource

areas. The CMP goals applicable tothe adopted rulemaking is the goal to protect,
preserve, restore, and enhance the diversity, quality, quantity, functions, andvalues of coastal natural resource areas. No new sources ofair contaminants are authorized in those affectedcounties. The CMPpolicy applicableto this adoptedrulemaking action is the policythat commission rules comply with regulations in the CFRto protect and enhance airquality inthe coastal area (40 CFR §S01.32). This rulemaking adoption does nothave a detrimental effect on SIP emissions reduction obligations relating to maintenance ofthe ozoneNational AmbientAir Quality Standards. This adopted rulemaking action complies withthe CFR. Therefore, in compliance with40 CFR §Sos.22(e), this adoptedrulemaking action is consistent with CMP goals andpolicies.
5

## Promulgation and enforcement ofthe adopted repeal does notviolate or exceed any standards identifiedin the applicable CMP goals and policies, because the adopted rulemaking is consistentwith these CMP goals and policies, andbecause the adopted repeal does notcreate orhave a director significant adverse effect on any coastal natural resource areas.

The commission invitedpublic commentregarding the consistency withthe CMP during the public commentperiodandno comments were received.

Public Comment


## Apublichearing was offered on May 31, 2011. 

## The hearing was not officially opened because no partyindicated a desire to give comment. The public commentperiod opened May 6, 2011, 

## and closedJune 6, 2011. 

## The commission did notreceive any oral

orwritten comments.

Response to Comments 

## The commission did not receive any oral orwritten comments onthe General Conformity Rule repeal.

6

# STAFF RECOMMENDATIONS

# SUBCHAPTERA: GENERAL RULES
§lOl.30


## StatutoryAuthority The repeal is adopted underTexas Water Code (TWC), §S.102, concerning General Powers, §S.103, concerning Rules, and §S.lOS, concerning General Policy, which authorize the commissionto adopt rules as necessaryto carryout its power and duties under the TWC. The repeal is also adopted underTexas Health and Safety Code (THSC), Texas CleanAirAct (TCAA), §382.011, which authorizes the commissionto administer the requirements ofthe TCAA; THSC, §382.013, which authorizes the commissionto designate air quality control regions to provide adequate implementation
ofair quality standards; and THSC, §382.017 which authorizesthe commissionto adopt
rules consistentwith the policy and purpose ofthe TCAA.

The repeal implements TWC, §§S.102, 5.103, and 5.105; andTHSC, §§382.011, 382.013,
and 382.017.

§101.30. 

## ConformityofGeneral FederalActions to State Implementation
Plans.

1

## TEXAS COMMISSION ON ENVIRONMENTAL QUALITY THE STATE OF TEXAS COUNTY OF tRAVIS I hereby certify Ihallhis is a lrue and correct copy of a Texas Commission on Environmental Quality document, which is filed in the permanent records ofthe Commission. Given under my hand and the seal ofoffICe on

# Bri~;tfo!~~rk0CT I I 2011,--"""",--
Texas Commission on Environmen1a1 Quality 

## ORDERADOPTING REPEALED RULE AND REVISION TO THE STATE IMPLEMENTATION PLAN



## Docket Nos. 201O-2068-RUL, 201O-2074-SIP 

# On October 5, 2011, the Texas Commission on Environmental Quality (Commission), during a public meeting, considered repeal of § 

## 101.30

- 114.702, 114.706, 114.707, and 114.709. The Commission adopts this repeal, in Chapter 101, Subchapter A, Conformity of General Federal Actions to State Implementation Plans; and a corresponding revision to the state implementation plan (SIP). The repeal removes the General Conformity regulations in state rule that have been rendered unnecessary by passage and implementation ofthe federal Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) in 2005. Under Tex. Health & 

## Safety Code Ann. §§ 

## 382.011, 382.012, and 382,023 (Vernon 2001), the Commission has the authority to control the quality ofthe state's air and to issue orders consistent v,ith the policies and purposes ofthe Texas Clean Air Act, Chapter 382 ofthe Tex. Health & 

## Safety Code. The proposed rule repeal was published for comment in

## the May 6, 2011 issue ofthe Texas Register (36 TexReg 3035).
Pursuantto Tex. Health & 

## Safety CodeAnn. § 

## 382.017 (Vernon 2001), Tex. Gov't Code Chapter 2001 (Vernon 2000 & 

## Vernon Supp. 2005), and 40 Code of Federal Regulations § 

## 51.102 and after proper notice, the Commission conducted a public hearing to consider the repeal. Proper notice included prominent advertisement in the areas affected at least 30 days prior to the date ofthe hearing. Apublic hearingwas held in 

## Austin on May 31,2011. The Commission circulated hearing notices of its intended action to the public, including interested persons, the Regional Administrator ofthe EPA, and all applicable local air pollution control agencies. The public was invited to submit data, views, and recommendations on the proposed repeal, either orally or in writing, at the hearing or during the comment period. Prior to the scheduled hearing, copies of the proposed repeal were available for public inspection at the Commission's central office and on the Commission's Web site.
IT IS THEREFORE ORDERED BYTHE COMMISSION that the repealed § 

## 101.30 and revision to the SIP incorporated by reference to this Order are hereby adopted. The Commission further authorizes staff to make any non-substantive revisions to the repeal necessary to comply v.ith Te.;ms Register requirements. The adopted repealed rule and the preamble to the adopted repealed rule and the revision to the SIP are incorporated by reference inthis Order as ifsetforth at length verbatim in this Order.

## ITIS FURTHERORDERED BYTHE COMMISSIONthat onbehalfofthe Commission, the Chairman**spoulditranBmit~oopy** 

## ofthis Order, together with the repealed rule and the revision to the SIP" t&tneRegional Administrator ofEPA pursuant to the Federal Clean Air

.J

# '~:iAct~:FtP:;Aplq~fie,~.'#42U,S:,C9d;~Ann. §§ 

## 7410

- 7671q, as amended.**<>'~2** ,""':.**~\!rl:'** ;""·;"t'·,,,

_ ,\ \"," ,Ie-**i~_** •.**~;~,** "II C' S • > 

## This\Order: :cqnstitutes**th~;0rder** 

## of the Commission required by the Administrative Procedure**Ac(tl'!~Gov't** 

## Cmle,§,2001.033 (Vernon 2000 &

## Vernon Supp. 2005).

- , .. ,_ "_ ...,. ,\ ," _, H".'



### ,,"**':_l~'i·:'.':{~;,,,,-)** 

### '_.' ,': ",' _..1: 

## "'-. ,; Ifariy**~~rtl(im** 

## ofthis Order is 

## for any reason heldto be invalidby a court ofcompetent jurisdiction, ''the invalidity of any portion shall not affect the validity of the remaining portions.

Dateissued:

., Chairman

## ADMINISTRATION LEAVE POOL sharing policy in the MBI progr with the cost sharing policy in MBIC as it relates to person residing in federaily declared disaster areas. Comments The 3O-<!ay commen period ended August 29, 2011. During this period. HHSC did n t receive comments regarding the proposed rule change. Legal Authority The amendment is adopted u dar Texas Government Code §531.033, which provides th Executive Commissioner of HHSC with broad rulemaking authority; Human Resources Code §32.021 and Texas G emment Code §531.021(a), which provide HHSC with the a hority to administer the federal medical assistance (Medicaid) gram in Texas. This agency herebycertifiesthat he adoption has been reviewed by legal counsel and found to be valid exercise 

### ofthe agency's legal authority.
Filed with the Office ofthe Secre ry of State on October5,2011. TRD-201104219 Steve Aragon Chief Counsel Texas Health and Human Services ommission Effective date: October 25,2011 Proposal pUblication date: July 29, 011 For further information, please call: 512) 424-e900 

# • • TITLE 28. 

## INSURANC 

# PART 1. TEXAS D PARTMENT OF INSURANCE CHAPTER 1. GENE SUBCHAPTER K. 28 TAC §1.1201 The Commissioner 

### of Insuran (Commissioner) adopts new §1.1201, conceming the agen 's sick leave pool. Section 1.1201 is adoptee without cha ges to the proposed text published in the August 19, 2011, sue of the Texas Register (36 TexReg 519B). REASONED JUSTIFICATION. he new section is necessary to address the administration ofth agency's sick leave pool. Section 661.002(c) ofthe Govemm t Code requires a state agency to adopt rules and prescribe pr dures relating to the administration of the agency sick leave 

### 001. HOW THE SECTIONS WILL F NCTION. The new section pre>- vides for procedures relating to

### t eoperation ofthe agency's sick leave pool. The new section as blishes a sick leave pool to be administered by the agency's D ctor of Human Resources. As sick leave pool administrator, th Director 

### of Human Resources will recommend a policy, oper ing procedures. and forms for the sick leave pool. The operat n of the sick leave pool will be consistent with Chapter 661 of e Government Code. SUMMARY OF COMMENTS A D AGENCY RESPONSE. The Department did not receive any mments on the published proposal. STATUTORY AUTHORITY. Th new section is adopted under the Government Code §661.0 2(c} and the Insurance Code §36.001. Section 661.002(c) of he Government Code provides that a governing body of a st agency shall adopt rules and prescribe procecures relating t the operation of the agency sick leave pool. Section 36.001 oft e Insurance Code proVides that the Commissioner of Insurance may adopt any rules necessary and appropriate to impiement the powers and duties of the Texas Department of Insuran under the Insurance Code and other laws of this state. This agency herebycertifiestha the adoption has been reviewed by legal counsel and found to b a valid exercise ofthe agency's iegal authority.
Filed with the Office ofthe Secr ary ofState on October6,2011. TRD-201104227 Sara Waitt Acting General Counsel Texas Department of Insurance Effective dale: October 26,2011 Proposal publication date: August 9,2011 Forfurther information, please call: (512) 463-6327 

# • • TITLE 30. ENVIRONMENTAL QUALITY 

# PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 101. GENERAL AIR QUALITY RULES SUBCHAPTER A. 

## GENERAL RULES 30 TAC §101.30 The Texas Commission on Environmental Quality (TCEQ or commission) adopts the repeal of §101.30 without change to the proposed text as published in the May 6, 2011, issue of the Texas Register (36 TexReg 2B17). The text will not be republished. The adopted repeal will be submitted 

### to the United States Environmental Protection Agency (EPA) as a revision to the state impiementation plan (SIP). Background and Summary of the Factual Basis for the Adoptee Rule This rulemaking action will align certain general conformity air quality rules and definitions with feeeral regulations by repealing §1 01.30, Confonmity of General Federal Actions to State Implementation Plans. This provision was superseded by federal regulation. On November 16, 1994, the commission adopted Chapter 101, Subchapter A, §1 01.30, Confonmity of General Federal Actions 

### to State Implementation Plan. The purpose ofthe rule was to establish the criteria and procedures for general conformity determinations, as required by 40 Code of Federal Regulations (CFR) §51.851. In August 2005, the United States Congress passed the Sale, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) that eliminated the requirement for states to adopt and submit general confonmity SIP revisions. On AprilS, 2010, the EPA adopted revisions to the



## ADOPTEDRULES October21,2011 

## 36 TexReg 7167general conformity reguialions in 40 CFR Parts 51 and 93 (75 Federal Register 17254, AprilS, 2010). The revisions made the adoption and submittal ofthe general conformity SIP optional for the state and deleted all of 40 CFR Part 51, Subpart Wexcept for §51.851. 40 CFR §51.851 was revised to clarify that If a state chooses to submit a general conformity SIP, it must be consistent with the requirements of 40 CFR Part 93, Subpart B. These changes became effective on July 6, 2010. The EPA's April 2010 revisions also added four new sections to 40 CFR Part 93: §§93.161, 93.163, 93.164, and 93.165. Under the new 40 CFR §93.161, federal agencies may negotiate a facility-wide emissions budget 10 be incorporated into the SIP. After the EPA approves the SIP revision, any action at the facility can be presumed to conform 

### ifthe emissions from the proposed action along with all other emissions at the facility are within the approved facility-wide emissions budget. Therefore, a conformity delenmination would not be necessary. The new 40 CFR §93.163 allows alternate schedules for mitigating emissions increases. Federal agencies and states can negotiate a program forsome emissions mitigation to occur in future years, and states can use this approach to accommodate short-term increases in emissions if the state believes that a sUbstantial long-term reduction in emissionswill resultfrom a federal action. The new40 CFR §93.164 allows the emissions of one precursor of a criteria pollutant to be offset by the reduction in the emissions ofanother precursor of that pollutant. For example, emissions of volatile organic compounds could be offset by a reduction in emissions of nitrogen oxides. Finally, the new 40 CFR §93.165 incorporates the use of early emissions reduction credits into the regulations. This section also prOVides other federal agencies with regulations and guidance similar to the Airport Early Emissions Reduction Credit program established by the United States Congress in the Federal Aviation Administration Reauthorization Act of 2003. The general conformity requirements in §101.30 mirror the fedaral requirements in 40 CFR Part 93, Subpart B and Part 51, Subpart W, and specifically reference the now repeaied Part 51, Subpart 

### W. Amended 40 CFR Part 93, SUbpart B continues to subject certain federal actions to general conformity requirements without the need for identical state rules and SIPs. Therefore, repealing the state rule will not Impact program continuity, but it will eliminate references in the state rule to repealed federal rules and the need for future state rule revisions as a result of amendments to federal regulations. Section Discussion The adoption repeals §101.30, Confonmity of General Federal Actions to State Implementation Plans. Final Regulatory Impact Analysis The commission reviewed the adopted rulemaking in light of the regUlatory analysis requirements 

### of Texas Government Code, §2001.0225, and determined that the rulemaking action is not subject to §2001.0225 because it does not meet the definition of a ''major environmental rule" as defined in that statute. "Major environmental rule" means a rule, the specific intent of which, is to protect the environment or reduce risks to human health from environmental exposure and that may adversely affect in a material way the economy, a sectorofthe economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. The repeal of §101.30 is not intended to protect the environment or reduce risks to human health from environmental exposure to air pollutants. The re

## 36 TexReg 7168 

## October 21,2011 Texas Register peal is necessary to meet the requirements of the SAFETEA-LU that eliminated the requirement for states to adopt and submit general conformity SIP revisions and repeals the federal general conformity rules referenced by §1 01.30. Therefore, the commission finds that it is not a "major environmental rule." Additionally, the repeal does not affect in a material way the economy, a sector of the economy, productlvrty, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. Federal agencies are still subject to general conformity demonstrations under federal rules. The commission invited pUblic comment regarding the draft regUlatory impact analysis determination dUring the publiccomment period, and no comments were received. Takings Impact Assessment The commission conducted a takings impact evaluation for the adopted rulemaking in accordance with Texas Government Code, §2007.043. The specific purpose of the adopted rulemaking is to meet federal general conformity rules by repealing state SIP-approved rules that are now unnecessary and that reference rules repealed by the SAFETEA-LU. The adopted repeal will not burden private, real property because general conformity requirements apply only to federai actions that potentially impact nonattainment areas in the state. General conformity 

### requirements are mandated by federal law, specifically 42 United States Code, §7506(c)(1). Through this repeai, conformity requirements are now implemented eXclusively through federal rule. Consequently, the adopted repeal is an action reasonably taken to fulfill an obiigation mandated by federal regulations. Therefore, this adopted rulemaking action will not constitute a taking under Texas Government Code, Chapter 2007. Consistency with the Coastal Management Program The commission reviewed the adopted rulemaking and found that the adoption Is subject to the Texas Coastal Management Program (CMP) in accordance with the Coastal Coordination Act, Texas Natural Resources Code §§33.201 

## etseq., and therefore, must be consistent with all applicable CMP goais and policies. The commission reviewed this adopted rulemaking for consistency with the CMP goals and policies in accordance With the regulations of the Coastal Coordination Council and determined that the adopted rulemaking does not aftect any coastal natural resource areas. The CMP goals applicable to the adopted rulemaking is the goal to protect, preserve, restore, and enhance the diversity, quality, quantity, functions, and values of coastal natural resource areas. No new sources of air contaminants are authorized in those aftected counties. The CMP policy applicable to this adopted rulemaking action is the policy that commission rules comply with regulations in the CFR to protect and enhance air quality in the coastai area (40 CFR §501.32). This rulemaking adoption does not have a detrimental effecton SIP emissions reduction obligations relating to maintenance of the ozone Na· tionai Ambient Air Quality Standards. This adopted rulemaking action compiies with the CFR. Therefore, in compliance with 40 CFR §505.22(e), this adopted rulemaking action is consistent with CMP goals and policies. Promulgation and enforcement of the adopted repeal does not violate or exceed any standards identified in the applicable CMP goals and policies, because the adopted rulemaking is consistentwith these CMP goals and policies, and because the adopted repeal does not create or have a direct or significant adverse effect on any coastal natural resource areas.

# • FETY AND CORRECSUBCHAPTERE. PARa E PLACEMENT AND DISCHARGE 37 TAC §85.85 The Texas Youth Commission ( C) adopts the repeal of §85.85, concerning Interstate Co pact for TYC Youth, without changes to the proposed text as p blished in the September 2, 2011, issue of the Texas Register 6 TexReg 5655). The duties and responsibilities des ribed this rule are governed by, and more appropriately addre ed in, specific statutes and national rules which apply to all stB s who are signatories to the Compact, including Texas. Texas Family Code, §60.010, co fies the Interstale Compact for Juveniles and requires the cou s and executive agencies of each compacting state to enforce t provisions of the Compact. The Compact also creates the Int tate Commission for Juvenilesand provides that bodywith au hority 

### to promulgate national rules that have the force and effe of statutory law in member states. Because Texas is a mem r of the Interstate Compact for Juveniles, TYC has a legal oblig tion to enforce the Compact and comply with rules adopted by t e Interstate Commission for Juveniles. There is no need for to maintafn separate rules that require TYC to participate in he Compact and follow the rules of the Interstate Commission or Juveniles. The amended rule clarifies that certain screenings and assessments are conducted within 4 hours after admission to TYC. The rule also lists the mini um areas to be addressed in the medical and mental heal screenings. Additionally, the amended rule establishes th t one purpose of the initial assessment process is to identify specialized treatment needs and begin specialized treatment p nning. Regarding youth who have a mi imum length of stay of 12 months or longer, the amende rule no longer requires a comprehensive psychiatric eval tion as part of the initial assessment process if TYC rec Ives the results of such an evaluation conducted Within the p st 90 days. The justification for the amended Ie is the provision of timely and appropriate and medical and ental health assessmentsfor youth committed to TYC. TYC did not receive any public co ents regarding the adoption of the amended ruie. The amended rule is adopted un er Human Resources Code §244.001, which requires TYC to xamine and make a study of each youth committed to the agen y. This agency hereby certifies thatlh adoption has been reviewed by legal counsei and found to be a alid exercise of the agency's legal authority. The commission invited public comment regarding the consistency with the CMP during the public comment period and no comments were received. Public Comment A public hearing Was offered on May 31, 2011. The hearing was not officially opened because no party indicated a desire to give comment. The public comment period opened May 6, 2011, and closed June 6, 2011. The commission did not receive any oral or written comments. Response to Comments The commission did not receive any oral orwritten comments on the General Confonmity Rule repeal. Statutory Authority The repeal is adopted under Texas Water Code (TWC), §5.102, concerning General Powers, §5.103, concerning Rules, and §5.105, concerning General Policy, which authorize the commission to adopt rules as necessary to carry out its power and duties under the TWC. The repeal is also adopted under Texas Health and Safety Code (THSC), Texas Clean Air Act (TCM), §382.011, which authorizes the commission to administer the requirements of the TCM; THSC, §382.013, which authorizes the commission to designate air quality control regions to provide adequate implementation of air quality standards; and THSC, §382.017 which authorizes the commission to adopt rules consistent with the policy and purpose of the TCAA. The repeal implements TWC, §§5.102, 5.103, and 5.105; and THSC, §§382.011, 382.Q13, and 382.017. This agency hereby certifiesthatthe adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Filed with the Office ofthe Secretary ofState on October 7, 2011. TRD-201104229 Robert Martinez Director, Environmental law Division Texas Commission on Environmental Quality Effective dale: October 27,2011 Proposal publication date: May 6, 2011 For further information, please call: (512) 239-2548 

# • TITLE 37. PUBLIC 

## S nONS 

# PART 3. UTH COMMISSION CHAPTER 85. ADMIS ION, PLACEMENT, RELEASE, AND DISC RGE SUBCHAPTER A. DE INITIONS; COMMITMENT AND CEPTION 37 TAC §85.5 The Texas Youth Commission (TYC) adopts amendments to §85.5, concerning Initial Ass ment, without changes to the proposed text as pUblished in t e September 2, 2011, issue of the Texas Register(36 TexReg 653). Filed with the Office olthe Secreta TRD-201104220 Cheryln K. Townsend Executive Director Texas Youth Commission Effective date: November 1, 2011 Proposal publication date: September For further information, please call: (5 

# • • ofState on October6, 2011.

,2011 ) 424-6014 

# •

ADOPTEDRULES October 21, 2011 36 TexReg 7169