Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003 Page: 2,915
2821-2988 p. ; 28 cm.View a full description of this periodical.
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(9) Maintenance of emission control. The facilities cov-
ered by the flexible permit shall not be operated unless all air pollu-
tion emission capture and abatement equipment is maintained in good
working order and operating properly during normal facility opera-
tions. Notification for emissions events and scheduled maintenance
shall be made in accordance with 101.201 and 101.211 of this title
(relating to Emissions Event Reporting and Recordkeeping Require-
ments; and Scheduled Maintenance, Startup, and Shutdown Reporting
and Recordkeeping Requirements).
(10) (No change.)
(d) (No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on March 21, 2003.
TRD-200301875
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: May 4, 2003
For further information, please call: (512) 239-5017
TITLE 31. NATURAL RESOURCES AND
CONSERVATION
PART 1. GENERAL LAND OFFICE
CHAPTER 15. COASTAL AREA PLANNING
SUBCHAPTER B. COASTAL EROSION
PLANNING AND RESPONSE
The Texas General Land Office (Land Office) proposes new
15.41, relating to Evaluation Process for Coastal Erosion
Studies and Projects, 15.42, relating to Funding Projects
from the Coastal Erosion Response Account, 15.43, relating
to Coastal Boundary Surveys and Landowner Consent, and
15.44, relating to Beneficial Use of Dredged Material. New
15.41 - 15.43 replace repealed sections dealing with the
same subject matter. New 15.44, relating to Beneficial Use
of Dredged Material adds new text to conform to legislative
changes.
The Land Office simultaneously proposes the repeal of 15.21,
relating to Evaluation Process for Coastal Erosion Studies and
Projects, 15.22, relating to Funding Projects from the Coastal
Erosion Response Account, and 15.23, relating to Coastal
Boundary Surveys. The repealed sections will be replaced by
the new sections dealing with the same subject matter.
The new sections are proposed pursuant to the Joe Faggard
Coastal Erosion Planning and Response Act, 76th Legislature,
Regular Session Senate Bill 1690 (CEPRA), as amended by
House Bill 2793 and House Bill 2794, 77th Legislature, Regular
Session, Texas Natural Resources Code, Chapter 33, Subchap-
ter H. The CEPRA requires the Land Office to implement a pro-
gram of coastal erosion avoidance, remediation, and planning.
House Bill 2793 changed the cost-share requirement for quali-
fied project partners from 25% to 15%. House Bill 2794 requires
the Land Office to adopt rules providing for the placement of ma-
terial dredged in constructing and maintaining navigation inletsand channels of the state on eroding beaches or for restoration of
eroding wetlands wherever practicable. The proposed rules out-
line the process by which the Land Office will evaluate and assist
in the funding of coastal erosion studies and projects in cooper-
ation with qualified project partners. The CEPRA, 33.601(11),
defines "qualified project partner" as "a local government, state
or federal agency, institution of higher education, homeowners'
association, or other public or private entity that enters into an
agreement with the land office to finance, study, design, install,
or maintain an erosion response project." The Land Office may
expend funds from the coastal erosion response account, which
was established by the CEPRA, to support a study or project un-
dertaken independently by the Land Office, or in conjunction with
a qualified project partner. The CEPRA, as amended by House
Bill 2793, requires qualified project partners to pay at least 15%
of shared project costs that are identified in a project cooperation
agreement.
Proposed new 15.41 outlines the application process for enti-
ties that would like to become qualified project partners with the
Land Office including an initial evaluation of project goal sum-
maries followed by a further evaluation of preferred alternatives.
Section 15.41(1) specifies the initial evaluation process the Land
Office will use to evaluate project goal summaries submitted by
potential project partners. These summaries must be submit-
ted no later than December 1 of the first year of the state fis-
cal biennium in which funding is sought (except to address an
emergency situation) and must contain the information identified
in 15.41(1)(A). The Land Office will evaluate and rank project
goal summaries based on the criteria in 15.41(1)(C) and (D),
with priority given to the considerations in 15.41(1)(D). Based
on the initial evaluation, the Land Office will designate proposed
projects as either priority projects or alternate projects. The Land
Office will invite the potential project partner for a project desig-
nated as a priority project to become a qualified project partner
and work cooperatively to evaluate alternatives for addressing
the erosion problem(s) identified in the project goal summaries.
Proposed new 15.41(2) describes the alternatives evaluation
process. The Land Office and a potential project partner for a
project designated as a priority project enter into a project coop-
eration agreement that will specify how the alternatives-evalua-
tion process will be conducted cooperatively. By entering into a
project cooperation agreement, the potential project partner be-
comes a qualified project partner. The Land Office and qualified
project partner will then cooperatively evaluate alternatives. The
alternatives evaluation process will include an evaluation of fea-
sibility and cost effectiveness of preferred alternatives, as well as
whether a qualified project partner has already made or received
a binding commitment to fund all or a portion of the proposed
project.
Proposed new 15.42 concerns the details of project funding.
If the Land Office decides to authorize project funding from the
coastal erosion response account, the Land Office and qualified
project partner will amend the project cooperation agreement to
define explicitly the terms under which the Land Office will assist
in funding the project. Standards for the qualified project part-
ner's statutory requirement to pay at least 15% of shared project
costs are described in 15.42(b).
Proposed new 15.43 addresses the coastal boundary survey
requirement contained in Texas Natural Resources Code,
33.136. If a coastal boundary survey has previously been
conducted in the area where an erosion response project
may be funded from the coastal erosion response account,PROPOSED RULES April 4, 2003 28 TexReg 2915
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Texas. Secretary of State. Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003, periodical, April 4, 2003; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101027/m1/94/: accessed June 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.