reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 17 - TAX RELIEF FOR PROPERTY USED FOR ENVIRONMENTAL PROTECTION › Section 17.25 - Appeals Process

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
(1) This subchapter applies to all appeals of
				use determinations issued by the executive director. A proceeding based upon an
				appeal filed under this subchapter is not a contested case for purposes of
				Texas Government Code, Chapter 2001.
(2) The following persons may appeal a use
				determination issued by the executive director:
(A) the applicant seeking a use
				determination; and
(B) the chief
				appraiser of the appraisal district for the county in which the property for
				which a use determination is sought is located.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 18 - ROLLBACK RELIEF FOR POLLUTION CONTROL REQUIREMENTS › Section 18.1 - Scope and Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this chapter is to establish the procedure and
				  mechanism for a political subdivision to apply to the Texas Commission on
				  Environmental Quality (commission) for a determination that the installation or
				  construction of a facility, device, or method for the control of air, water, or
				  land pollution is necessary in order to meet the requirements of a permit
				  issued by the commission.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 18 - ROLLBACK RELIEF FOR POLLUTION CONTROL REQUIREMENTS › Section 18.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Unless specifically defined in the Texas Clean Air Act
				  (TCAA), the Texas Solid Waste Disposal Act (TSWDA), the Texas Water Code (TWC),
				  the Texas Tax Code (TTC), the Texas Health and Safety Code (THSC), or in the
				  rules of the commission, the terms used by the commission have the meanings
				  commonly ascribed to them in the fields of pollution control or property
				  taxation. In addition to the terms that are defined by §
									3.2 of
				  this title (relating to Definitions), the TCAA, the TSWDA, TWC, TTC, and THSC,
				  the following words and terms, when used in this chapter, shall have the
				  following meanings, unless the context clearly indicates otherwise.
(1) Partial determination--A determination
				that an item of property or a process is not used wholly as pollution
				control.
(2) Permit requirement--A
				clause within a permit issued by the Texas Commission on Environmental Quality
				(TCEQ) which requires the receiver of a permit to expend funds for a facility,
				device, or method for control of air, water, or land pollution as defined by
				TTC, §26.045(b).
(3) Pollution
				control property--A facility, device, or method for control of air, water, or
				land pollution as defined by TTC, §26.045(b).
(4) Tier I--An application containing only
				property that is on the Tier I Table in §
									18.25(a)
				of this title (relating to Tier I Eligible Equipment) or that is necessary for
				the installation or operation of property located on the Tier I
				Table.
(5) Tier II--An application
				containing property that is listed or contained on the Expedited Review List in
				§ 18.26 of this title (relating to Expedited Review List) or that is not
				listed on the Tier I Table.
(6) Use
				determination--A finding, either positive or negative, by the executive
				director that the property is used wholly or partially for pollution control
				purposes and listing the percentage of the property that is determined to be
				used for pollution control.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 18 - ROLLBACK RELIEF FOR POLLUTION CONTROL REQUIREMENTS › Section 18.5 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) To obtain a positive use determination,
				the pollution control property must be used, constructed, acquired, or
				installed wholly or partly to meet the requirements of a permit issued by the
				commission. In addition, pollution control property must meet the following
				conditions:
(1) property must have been
				constructed, acquired, or installed after January 1, 1994.
(2) land must include only the portion of the
				land acquired after January 1, 1994, that actually contains pollution control
				property.
(3) it must be funded out
				of the operations and maintenance funds under TTC, §26.012(16).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 18 - ROLLBACK RELIEF FOR POLLUTION CONTROL REQUIREMENTS › Section 18.10 - Application for Use Determination

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				order to be granted a positive use determination, a political subdivision shall
				submit to the executive director:
(1) a Texas
				Commission on Environmental Quality application form or a similar reproduction;
				and
(2) the appropriate fee, under
				§
										18.30 of
				this title (relating to Application Fees).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 18 - ROLLBACK RELIEF FOR POLLUTION CONTROL REQUIREMENTS › Section 18.15 - Application Review Schedule

Current through Reg. 49, No. 28; July 12, 2024
Following submission of the information required by §
									18.10
				  of this title (relating to Application for Use Determination), the executive
				  director shall determine whether the pollution control property is used wholly
				  or partly to meet the requirements of a permit issued by the commission. If the
				  determination is that the property is used partly for pollution control, the
				  executive director shall determine the proportion of the property used for
				  pollution control.
(1) As soon as
				practicable, the executive director shall mail written notification informing
				the applicant that the application has been received and if the application is
				considered to be administratively complete.
(A) If the application is not
				administratively complete, the notification shall specify the deficiencies and
				allow the applicant 30 days to provide the requested information. If the
				applicant does not submit an adequate response, the application will be sent
				back to the applicant without further action by the executive director and the
				application fee will be forfeited under §
										18.35(b)
				of this title (relating to Application Fees).
(B) If an application is sent back to the
				applicant under subparagraph (A) of this paragraph, the applicant may re-file
				the application and pay the appropriate fee as required by §
										18.35(a)
				of this title (relating to Application Fees).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 18 - ROLLBACK RELIEF FOR POLLUTION CONTROL REQUIREMENTS › Section 18.25 - Tier I Eligible Equipment

Current through Reg. 49, No. 28; July 12, 2024
(a) For
				the property listed on the Tier I Table located in this subsection that is used
				wholly for pollution control purposes, a Tier I application is required. A Tier
				I application must not include any property that is not listed in this
				subsection or that is used for pollution control purposes at a use percentage
				that is different than what is listed in the table in this subsection. Unless
				otherwise designated with a partial use percentage in the Tier I Table of this
				subsection, if a marketable product is recovered (not including materials that
				are disposed) from property listed in this subsection, a Tier II application is
				required.
Attached
				  Graphic
(b) The
				commission shall review and update the Tier I Table in subsection (a) of this
				section at least once every three years.
(1)
				An item may be added to the list only if there is compelling evidence to
				support the conclusion that the item provides pollution control benefits and a
				justifiable pollution control percentage is calculable.
(2) An item may be removed from the list only
				if there is compelling evidence to support the conclusion that the item does
				not render pollution control benefits.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 18 - ROLLBACK RELIEF FOR POLLUTION CONTROL REQUIREMENTS › Section 18.26 - Expedited Review List

Current through Reg. 49, No. 28; July 12, 2024
The Expedited Review List in this section is a nonexclusive
				  list of facilities, devices, or methods for the control of air, water, and/or
				  land pollution. This table consists of the list located in Texas Tax Code,
				  §
									26.045(f)
				  with changes as authorized by Texas Tax Code, §
									26.045(g).
				  The commission shall review and add to the items listed in this table only if
				  there is compelling evidence to support the conclusion that the item provide
				  pollution control benefits. The commission may remove an item from this table
				  only if there is compelling evidence to support the conclusion that the item
				  does not render pollution control benefits.
Attached
				  Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 18 - ROLLBACK RELIEF FOR POLLUTION CONTROL REQUIREMENTS › Section 18.30 - Partial Determinations

Current through Reg. 49, No. 28; July 12, 2024
A partial determination must be requested for all property
				  that is in the figure in §
									18.26 of
				  this title (relating to Expedited Review List) or that is not wholly used for
				  pollution control, except for property that is on the Tier I Table located in
				  §
									18.25(a)
				  of this title (relating to Tier I Eligible Equipment) at a specified partial
				  use percentage. It is the responsibility of the applicant to propose a
				  reasonable method for calculating a partial determination. The calculation must
				  be documented and included with the application. It is the responsibility of
				  the executive director to review the appropriateness of the proposed method and
				  make the final determination.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 18 - ROLLBACK RELIEF FOR POLLUTION CONTROL REQUIREMENTS › Section 18.35 - Application Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Fees shall be
				remitted with each application for a use determination as required in
				paragraphs (1) - (2) of this subsection.
(1)
				Tier I Application. A $150 fee shall be charged for applications which contain
				only property that is listed in the figure in §
										18.25(a)
				of this title (relating to Tier I Eligible Equipment) or is necessary for the
				installation or operation of an item listed on the Tier I Table, as long as the
				application seeks no variance from the percentage listed on the Tier I
				Table.
(2) Tier II Application. A
				$500 fee shall be charged for applications for property not listed in the
				figure located in §
										18.25(a)
				of this title or that is listed in the figure located in § 18.26 of this
				title (relating to Expedited Review List).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 19 - ELECTRONIC REPORTING; ELECTRONIC TRANSMISSION OF INFORMATION BY COMMISSION › Subchapter A - GENERAL PROVISIONS › Section 19.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
In addition to the terms defined in Chapter 3 of this title
					 (relating to Definitions), the following words and terms, when used in this
					 chapter, have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Authorized program--A
				  federal program that the United States Environmental Protection Agency (EPA)
				  has delegated, authorized, or approved the State of Texas to administer, or a
				  program that the EPA has delegated, authorized, or approved the State of Texas
				  to administer in lieu of a federal program, under other provisions of 40 Code
				  of Federal Regulations and such delegation, authorization, or approval has not
				  been withdrawn or expired.
(2) Copy
				  of record--A true and correct copy of an electronic document received by an
				  electronic document receiving system, which can be viewed in a human-readable
				  format that clearly and accurately associates all the information provided in
				  the electronic document with descriptions or labeling of the information. A
				  copy of record includes:
(A) all electronic
				  signatures contained in or associated with that document;
(B) the date and time of receipt;
				  and
(C) any other information used
				  to record the meaning of the document or the circumstances of its
				  receipt.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 19 - ELECTRONIC REPORTING; ELECTRONIC TRANSMISSION OF INFORMATION BY COMMISSION › Subchapter A - GENERAL PROVISIONS › Section 19.3 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) Subchapters A - C of this chapter apply
				  to:
(1) persons, as defined in §
											3.2 of
				  this title (relating to Definitions), and signatories who submit official,
				  final electronic documents to the commission to satisfy requirements of:
(A) authorized programs for which the
				  executive director has announced on the commission's public Web site that the
				  commission is accepting specified electronic documents; or
(B) state programs for which the executive
				  director has announced on the commission's public Web site that the commission
				  is accepting specified electronic documents;
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 19 - ELECTRONIC REPORTING; ELECTRONIC TRANSMISSION OF INFORMATION BY COMMISSION › Subchapter B - ELECTRONIC REPORTING REQUIREMENTS › Section 19.10 - Use of Electronic Document Receiving System

Current through Reg. 49, No. 28; July 12, 2024
(a) When the executive director has announced
				  on the commission's public Web site that it is accepting specified electronic
				  documents, individuals who submit to the commission electronic documents to
				  satisfy requirements of authorized programs or designated state programs must
				  use the commission's electronic document receiving system.
(b) Individuals desiring to use an electronic
				  signature device must execute an electronic signature agreement with
				  handwritten wet ink signature or by using an electronic identity verification
				  system utilized by the commission.
(c) Authorized signatories may not allow
				  another individual to use the electronic signature device unique to his or her
				  signature.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 19 - ELECTRONIC REPORTING; ELECTRONIC TRANSMISSION OF INFORMATION BY COMMISSION › Subchapter B - ELECTRONIC REPORTING REQUIREMENTS › Section 19.12 - Authorized Electronic Signature

Current through Reg. 49, No. 28; July 12, 2024
(a) When
				  the electronic signature device is used to create an individual's electronic
				  signature, the code or mechanism must be unique to that individual at the time
				  the signature is created and the individual must be uniquely entitled to use
				  it. Signatories shall:
(1) protect the
				  electronic signature device from compromise; and
(2) report to the commission any evidence
				  that the device has been compromised, within one business day of the
				  discovery.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 19 - ELECTRONIC REPORTING; ELECTRONIC TRANSMISSION OF INFORMATION BY COMMISSION › Subchapter B - ELECTRONIC REPORTING REQUIREMENTS › Section 19.14 - Enforcement

Current through Reg. 49, No. 28; July 12, 2024
(a) An electronic signature on an electronic
				  document submitted to the commission is the legal equivalent of a handwritten
				  signature on a paper document submitted to the commission.
(b) Persons, as defined in §
										3.2 of
				  this title (relating to Definitions), and signatories are subject to penalties,
				  fines, and other remedies under commission rules or applicable statutes for
				  failure to comply with a reporting requirement of the commission if the person
				  or signatory reports electronically and fails to comply with the applicable
				  provisions of this chapter, applicable statutes, commission rules, and the
				  electronic participation agreement.
(c) Nothing in this chapter limits the use of
				  an electronic document, copy of record, or information derived from electronic
				  documents as evidence in enforcement proceedings.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 19 - ELECTRONIC REPORTING; ELECTRONIC TRANSMISSION OF INFORMATION BY COMMISSION › Subchapter C - USE OF ELECTRONIC REPORTING › Section 19.21 - Fees

Current through Reg. 49, No. 28; July 12, 2024
The commission may adjust fees as necessary to encourage
					 electronic reporting and the use of the commission's electronic document
					 receiving system.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 19 - ELECTRONIC REPORTING; ELECTRONIC TRANSMISSION OF INFORMATION BY COMMISSION › Subchapter D - ELECTRONIC TRANSMISSION BY COMMISSION › Section 19.30 - Electronic Transmission of Information by Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) Notwithstanding any other law or rule,
				  the commission may utilize electronic means of transmission of information,
				  including notices, orders, and decisions, issued or sent by the
				  commission.
(b) A person who
				  provides their email address to the commission for the purpose of providing
				  public comment or receiving notices, orders, or decisions must provide a valid
				  email address to the commission and notify the appropriate commission office in
				  the event there is a change in the email address.
(c) Information provided by electronic means
				  of transmittal, including notices, orders, or decisions, is presumed to have
				  been received by a person if the information is sent by the commission to the
				  most recent email address provided by that person.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 20 - RULEMAKING › Section 20.2 - Policy

Current through Reg. 49, No. 28; July 12, 2024
Rulemaking hearings shall be conducted in the manner the
				  commission deems most suitable to obtain all relevant information and testimony
				  on proposed rules as conveniently, inexpensively, and expeditiously as possible
				  without prejudicing the rights of any person.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 20 - RULEMAKING › Section 20.4 - Indexing, Cross-Indexing, and Availability of Certain Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) This section applies only to final
				versions of the following documents that are in effect:
(1) rules;
(2) other written statements of policy or
				interpretations that are prepared, adopted, or used by the agency in
				discharging its functions;
(3)
				orders;
(4) decisions;
				and
(5) opinions.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 20 - RULEMAKING › Section 20.5 - Mailing List of Persons Requesting Notice of Rulemaking

Current through Reg. 49, No. 28; July 12, 2024
The executive director shall maintain a mailing list of
				  persons requesting advance notice of proposed commission rules. When the
				  commission sends notice of proposed rules to the secretary of state, the
				  executive director shall also send notice of proposed rules by regular mail to
				  each person on the list; however, failure to provide the notice does not
				  invalidate any action taken or rule adopted. At the end of each state fiscal
				  year, the executive director will notify all persons included on the list of
				  the requirement to affirmatively express a desire to continue receiving the
				  notices described herein, and shall eliminate those persons on the list who do
				  not respond within 30 days of this notification.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 20 - RULEMAKING › Section 20.7 - Appearance

Current through Reg. 49, No. 28; July 12, 2024
Any person may appear in person or by authorized
				  representative at a rulemaking hearing. A representative shall disclose his
				  authority to speak for the person represented.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 20 - RULEMAKING › Section 20.9 - Submission of Documents

Current through Reg. 49, No. 28; July 12, 2024
Written documents may be submitted to the executive director
				  no later than the time of the hearing or by 5:00 p.m. on the last day of the
				  comment period, whichever is later.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 20 - RULEMAKING › Section 20.11 - Oral Presentations

Current through Reg. 49, No. 28; July 12, 2024
(a) A person
				desiring to make an oral presentation shall so indicate on the commission's
				registration form provided at the hearing.
(b) The presiding officer will establish the
				order of presentations at the hearing.
(c) When necessary, the presiding officer may
				limit:
(1) the number of times a person may
				speak;
(2) the time period for oral
				presentations; and
(3) the time
				period for raising questions.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 20 - RULEMAKING › Section 20.13 - Action after Hearing Concluded

Current through Reg. 49, No. 28; July 12, 2024
(a) After
				the close of the hearing and the receipt of all documents, the presiding
				officer shall prepare a report to the commission, which shall include:
(1) a summary of the subject of the
				hearing;
(2) a review and analysis
				of the comments submitted;
(3) any
				revisions recommended as the result of public comment presented;
(4) a copy of the rule as recommended for
				adoption; and
(5) other pertinent
				information.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 20 - RULEMAKING › Section 20.15 - Petition for Adoption of Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				interested person may petition the commission to request the adoption of a
				rule. For the purposes of this section, an interested person must be:
(1) a resident of Texas;
(2) a business entity located in
				Texas;
(3) a governmental
				subdivision located in Texas; or
(4) a public or private organization located
				in Texas that is not a Texas state agency.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 20 - RULEMAKING › Section 20.17 - Emergency Rules

Current through Reg. 49, No. 28; July 12, 2024
If the commission finds that an imminent peril or
				  extraordinary circumstance may threaten the public health, safety, or welfare
				  or the integrity of the commission's regulatory programs, and requires the
				  adoption of a rule on less than 30 day's notice, it may adopt an emergency rule
				  without prior notice and hearing or with any abbreviated notice and hearing
				  that it finds practicable under the circumstances. The commission shall make a
				  written finding which shall be filed with the secretary of state setting forth
				  its reasons for such determination. The emergency rule shall be effective
				  immediately upon filing with the secretary of state and will continue in effect
				  for a period of up to 120 days. The emergency rule may be renewed once before
				  expiration for a period of 60 days.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 21 - WATER QUALITY FEES › Section 21.1 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) It is the
				purpose of this chapter to implement the Water Quality Fee Program.
(b) An annual fee will be assessed against
				wastewater permit holders authorized to treat or discharge wastewater into or
				adjacent to the waters in the state under Texas Water Code (TWC), Chapter 26,
				and against each person holding a right acquired under authority of TWC,
				Chapter 11, and the rules of the commission to impound, divert, or use state
				water, except for those exemptions specified in §
									21.3(c)
				of this chapter (relating to Fee Assessment). Only one fee is assessed for each
				permit.
(c) The fees to be assessed
				under this chapter do not apply to general permits.
(d) The fee shall be in proportion to the
				level of authorization for use of state water or for the treatment or discharge
				of wastewater.
(e) All resulting
				revenue shall be deposited in the Water Resources Management Account for the
				purpose of supplementing other revenue appropriated by the legislature to pay
				the expenses of the commission in the following programs:
(1) Water quality administration, including,
				but not limited to, inspection of wastewater treatment facilities and
				enforcement of the provisions of TWC, Chapter 26, the rules and orders of the
				commission related to wastewater discharges and waste treatment facilities, and
				the provisions of commission permits governing wastewater discharges and
				wastewater treatment facilities;
(2) The Texas Clean Rivers Program, under
				TWC, §26.0135, which monitors and assesses water quality conditions that
				support water quality management decisions necessary to maintain and improve
				the quality of the state's water resources (as defined in TWC,
				§26.001(5)); and
(3) Any other
				water resource management programs reasonably related to the activities of the
				persons required to pay a fee under TWC, §26.0291.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 21 - WATER QUALITY FEES › Section 21.4 - Fee Period, Adjustment, and Payment

Current through Reg. 49, No. 28; July 12, 2024
(a) The annual water quality fee assessment
				is for the period from September 1 through August 31, and is based on the
				authorized permit or water right limits as of September 1 each year, as stated
				in §
									21.3(a)
				of this title (relating to Fee Assessment).
(b) New or amended wastewater permits and
				water rights granted after September 1 will be billed for the new or amended
				authorization in the annual assessment for the fee year subsequent to the fee
				year in which the new authorization was granted.
(c) Cancellation or revocation, whether by
				voluntary action on the part of the holder of a wastewater permit or a water
				right, or as a result of proceedings initiated by the commission, will not
				constitute grounds for a change in the amount of a water quality fee previously
				assessed, or for a refund of fees previously paid.
(d) Transfer of ownership of a wastewater
				permit or a water right will not constitute grounds for a change in the amount
				of a water quality fee previously assessed, or for a refund of fees previously
				paid. The commission shall not process a transfer request until all annual fees
				owed the commission by the applicant, or for the permitted facility, are paid
				in full. Any wastewater permit holder or water right holder to whom a permit is
				transferred shall be liable for payment of any associated outstanding fees and
				penalties owed the commission.
(e)
				Annual water quality fees are payable within 30 days of the billing date each
				year. Fees shall be paid by check, certified check, electronic funds transfer,
				or money order payable to the Texas Commission on Environmental Quality (to be
				effective September 1, 2002).
(f)
				Water quality fees are payable regardless of whether the permitted wastewater
				facility actually is constructed or in operation, or whether any authorized
				water right facility has been constructed or diversion of state water
				made.
(g) Owners or operators of a
				facility failing to make payment of the fees imposed under this chapter when
				due shall be assessed penalties and interest in accordance with Chapter 12 of
				this title (relating to Payment of Fees). In addition, failure to make payment
				in accordance with this chapter constitutes a violation subject to enforcement
				pursuant to the provisions of Texas Water Code, § 26.123.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 25 - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION AND CERTIFICATION › Subchapter A - GENERAL PROVISIONS › Section 25.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This chapter describes requirements for accreditation and
					 certification of environmental testing laboratories. Accreditation is
					 voluntary; however, the commission may accept environmental testing laboratory
					 data and analyses for use in commission decisions regarding any matter under
					 the commission's jurisdiction relating to permits or other authorizations,
					 compliance matters, enforcement actions, or corrective actions only if the data
					 and analyses are prepared by an environmental testing laboratory accredited by
					 the commission under this chapter, except as provided in §
										25.6
					 of this title (relating to Conditions Under Which the Commission May Accept
					 Analytical Data).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 25 - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION AND CERTIFICATION › Subchapter A - GENERAL PROVISIONS › Section 25.4 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) An environmental testing laboratory must
				  be accredited according to this chapter, except as provided in §
										25.6
				  of this title (relating to Conditions Under Which the Commission May Accept
				  Analytical Data), if the laboratory provides analytical data which is used for
				  a commission decision relating to a:
(1)
				  permit;
(2)
				  authorization;
(3) compliance
				  action;
(4) enforcement
				  action;
(5) corrective
				  action;
(6) characterization of an
				  environmental process or condition; or
(7) assessment of an environmental process or
				  condition.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 25 - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION AND CERTIFICATION › Subchapter A - GENERAL PROVISIONS › Section 25.6 - Conditions Under Which the Commission May Accept Analytical Data

Current through Reg. 49, No. 28; July 12, 2024
The commission may accept analytical data provided by an
					 environmental testing laboratory, for any matter under the commission's
					 jurisdiction relating to permits or other authorizations, compliance matters,
					 enforcement actions, or corrective actions, that is not accredited according to
					 this chapter if the laboratory:
(1) is
				  an on-site or in-house environmental testing laboratory that is:
(A) inspected at least every three years by
				  the executive director;
(B) located
				  in another state and accredited or periodically inspected by that state;
				  or
(C) inspected at least every
				  three years by the executive director and is performing work:
(i) for another company with a unit located
				  on the same site; or
(ii) without
				  compensation for a governmental agency or a charitable organization.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 25 - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION AND CERTIFICATION › Subchapter A - GENERAL PROVISIONS › Section 25.8 - Contracting

Current through Reg. 49, No. 28; July 12, 2024
The executive director may contract with persons to provide
					 services required by this chapter. The executive director may authorize
					 contractors to collect reasonable fees for the services
					 provided.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 25 - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION AND CERTIFICATION › Subchapter B - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION › Section 25.9 - Standards for Environmental Testing Laboratory Accreditation

Current through Reg. 49, No. 28; July 12, 2024
(a) Until July 1, 2011, accreditation, must
				  be based on an environmental testing laboratory's conformance to National
				  Environmental Laboratory Accreditation Conference standards approved June 2003
				  and the requirements of this chapter.
(b) After June 30, 2011, accreditation must
				  be based on an environmental testing laboratory's conformance to the most
				  current standards adopted by the National Environmental Laboratory
				  Accreditation Program and the requirements of this chapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 25 - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION AND CERTIFICATION › Subchapter B - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION › Section 25.10 - Fields of Accreditation

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  executive director shall identify and make available to the public a list of
				  the fields of accreditation offered under this chapter. A list of the fields of
				  accreditation shall be made available on the commission's website and upon
				  request from Agency Communications.
(b) The executive director may modify the
				  fields of accreditation offered under this chapter after providing 30 days
				  notice on the commission's website.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 25 - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION AND CERTIFICATION › Subchapter B - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION › Section 25.12 - Initial Application for Accreditation

Current through Reg. 49, No. 28; July 12, 2024
(a) An application for accreditation shall be
				  made on a form provided by the executive director. The application must be
				  submitted to the executive director with any documents and records required in
				  the application or requested by the executive director and the fee provided in
				  §
										25.30 of this
				  title (relating to Accreditation Fees).
(b) The operator of an environmental testing
				  laboratory may request that noncontiguous facilities and mobile laboratories be
				  accredited as a single entity, if the facilities and mobile laboratories
				  operate as a single laboratory under the same:
(1) ownership;
(2) day-to-day management;
(3) day-to-day technical direction;
				  and
(4) quality system, including
				  document management, records management, and test reporting.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 25 - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION AND CERTIFICATION › Subchapter B - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION › Section 25.14 - Term of Accreditation

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  executive director shall award accreditation for a period of one year if an
				  environmental testing laboratory's application and operations conform to the
				  applicable standards for accreditation as specified in §
										25.9
				  of this title (relating to Standards for Environmental Testing Laboratory
				  Accreditation) and this chapter.
(b) The executive director may issue an
				  interim accreditation for up to 12 months to an environmental testing
				  laboratory that meets the standards for accreditation as specified in §
										25.9
				  of this title and requirements of this chapter except that an environmental
				  testing laboratory assessment has not been completed because the executive
				  director has been unable to schedule an assessment within six months of
				  receiving a complete application for accreditation.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 25 - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION AND CERTIFICATION › Subchapter B - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION › Section 25.16 - Renewal Application for Accreditation

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director must receive an
				  environmental testing laboratory's application to renew the laboratory's
				  accreditation along with the applicable fees no later than the date on which
				  the accreditation expires.
(b) The
				  operator of an environmental testing laboratory that fails to submit an
				  application to renew accreditation before the date on which the accreditation
				  expires must apply for and meet all requirements for a new accreditation,
				  including an environmental testing laboratory assessment.
(c) Modifications made during the term of an
				  accreditation to increase the number of an environmental testing laboratory's
				  fields of accreditation shall be renewed on the accreditation renewal date,
				  regardless of the date of the modification.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 25 - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION AND CERTIFICATION › Subchapter B - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION › Section 25.18 - Environmental Testing Laboratory Assessments

Current through Reg. 49, No. 28; July 12, 2024
(a) Environmental testing laboratory
				  assessments shall be conducted:
(1) before
				  accreditation is granted, except as provided in §
											25.14 of
				  this title (relating to Term of Accreditation); and
(2) at least every two years after an
				  environmental testing laboratory receives accreditation.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 25 - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION AND CERTIFICATION › Subchapter B - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION › Section 25.20 - Proficiency Test Sample Analyses

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  operator of an environmental testing laboratory applying for initial
				  accreditation shall ensure that two proficiency test samples are successfully
				  analyzed, if available, according to the standards for accreditation as
				  specified in §
										25.9
				  of this title (relating to Standards for Environmental Testing Laboratory
				  Accreditation), for each requested field of accreditation and reported to the
				  executive director.
(b) The
				  operator of an accredited environmental testing laboratory shall ensure at
				  least two proficiency test samples, if available, are successfully analyzed and
				  reported to the executive director each year for each field of accreditation
				  according to the standards for accreditation as specified in §
										25.9
				  of this title. An environmental testing laboratory that does not meet the
				  requirements of this subsection may participate in a supplemental proficiency
				  test study according to the standards for accreditation.
(c) Proficiency test samples, if available,
				  shall be purchased from a National Environmental Laboratory Accreditation
				  Program designated provider.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 25 - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION AND CERTIFICATION › Subchapter B - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION › Section 25.22 - Secondary Accreditation of Out-of-State Environmental Testing Laboratories

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				  director shall grant or renew the secondary accreditation of an environmental
				  testing laboratory located in another state and accredited by another National
				  Environmental Laboratory Accreditation Program accreditation body within 30
				  days after receiving a complete application along with the appropriate fee
				  according to §
										25.30 of this
				  title (relating to Accreditation Fees) if the laboratory's existing
				  accreditation includes the fields of accreditation for which the laboratory has
				  applied to the executive director.
(b) The executive director shall notify an
				  environmental testing laboratory in writing within 30 days of granting or
				  denying accreditation.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 25 - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION AND CERTIFICATION › Subchapter B - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION › Section 25.24 - Duties and Responsibilities of Accredited Environmental Testing Laboratories

Current through Reg. 49, No. 28; July 12, 2024
By applying for or accepting accreditation, the operator of
					 the laboratory certifies the information contained in the application is true
					 and correct and agrees to:
(1) provide
				  reasonable access to the executive director to facilities, personnel,
				  documents, records, data, analyses, and operations which the executive director
				  determines are necessary for accreditation;
(2) use and display the accreditation
				  certificate according to the standards for accreditation as specified in §
										25.9
				  of this title (relating to Standards for Environmental Testing Laboratory
				  Accreditation); and
(3) operate the
				  environmental testing laboratory and maintain its accreditation according to
				  the standards for accreditation and this chapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 25 - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION AND CERTIFICATION › Subchapter B - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION › Section 25.26 - Withdrawal from Accreditation Program

Current through Reg. 49, No. 28; July 12, 2024
The operator of an environmental testing laboratory may
					 surrender the laboratory's accreditation, in whole or in part, by notifying the
					 executive director in writing at any time.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 25 - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION AND CERTIFICATION › Subchapter B - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION › Section 25.30 - Accreditation Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				  director shall establish accreditation fees that cover program costs, including
				  costs associated with application review; initial, routine, and follow-up
				  inspections; and preparation of reports.
(b) The operator of an environmental testing
				  laboratory seeking primary accreditation shall pay the following fees:
(1) an annual administrative fee of $500;
				  and
(2) an annual accreditation fee
				  based on the categories for which the laboratory is accredited.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 25 - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION AND CERTIFICATION › Subchapter B - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION › Section 25.34 - Suspension of Accreditation

Current through Reg. 49, No. 28; July 12, 2024
(a) After
				  notice and opportunity for hearing according to Chapter 80 of this title
				  (relating to Contested Case Hearings), the commission may suspend an
				  environmental testing laboratory's accreditation, in whole or in part, for up
				  to six months. Reasons to suspend an environmental testing laboratory's
				  accreditation includes, but is not limited to, failing to:
(1) maintain a quality system;
(2) comply with minimum performance and
				  quality assurance standards;
(3)
				  maintain records of the laboratory's personnel, operations, data, or
				  analysis;
(4) successfully complete
				  required proficiency tests;
(5)
				  employ staff that meet required personnel qualifications for education,
				  training, and experience; or
(6)
				  notify the executive director of changes in accreditation criteria.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 25 - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION AND CERTIFICATION › Subchapter B - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION › Section 25.38 - Accreditation Advisory Committee

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  executive director shall establish a technical advisory committee to assist in
				  interpreting National Environmental Laboratory Accreditation Conference
				  standards and to advise the executive director and the commission on technical
				  matters relating to the accreditation program.
(b) The technical advisory committee shall
				  function according to Texas Water Code, §
										5.107
				  and Chapter 5 of this title (relating to Advisory Committees).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 25 - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION AND CERTIFICATION › Subchapter C - ENVIRONMENTAL TESTING LABORATORY CERTIFICATION › Section 25.50 - Standards for Environmental Testing Laboratory Certification

Current through Reg. 49, No. 28; July 12, 2024
Certification of an environmental testing laboratory that
					 analyzes samples for compliance with the Safe Drinking Water Act shall be based
					 on a laboratory's conformance to standards contained in the
Manual for
					 the Certification of Laboratories Analyzing Drinking Water,
Fourth
					 Edition, EPA 815-B-97-001, March 1997; and the
Lab Cert Manual
					 Errata,
Labcert Bulletin, EPA-815-N-99-002a, April 1999, published by
					 the EPA, and the requirements of this chapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 25 - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION AND CERTIFICATION › Subchapter C - ENVIRONMENTAL TESTING LABORATORY CERTIFICATION › Section 25.52 - Fields of Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  executive director shall identify and make available to the public the fields
				  of certification offered under this chapter. A list of fields of certification
				  shall be made available on the commission's website and upon request from the
				  Compliance Support Division and Agency Communications.
(b) The executive director may modify the
				  fields of certification offered under this chapter with 30 days' notice on the
				  commission's website.