The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 25, Texas Administrative Code, Part 1, Chapter 289, Radiation Control, Subchapter C, Texas Regulations for Control of Radiation, §289.101.

This review is in accordance with the requirements of the Texas Government Code, §2001.039, the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

An assessment will be made by the department as to whether the reasons for adopting or readopting this rule continue to exist. This assessment will be continued during the rule review process. Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the department.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Linda Wiegman, Office of General Counsel, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Any proposed changes to this rule as a result of the review will be published in the Proposed Rule Section of the Texas Register and will be open for an additional 30 day public comment period prior to final adoption or repeal by the department.

TRD-200200762

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 5, 2002

The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 25, Texas Administrative Code, Part 1, Chapter 289. Radiation Control, Subchapter F. License Regulations, §289.252.

This review is in accordance with the requirements of the Texas Government Code, §2001.039, the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

An assessment will be made by the department as to whether the reasons for adopting or readopting this rule continue to exist. This assessment will be continued during the rule review process. Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the department.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Linda Wiegman, Office of General Counsel, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Any proposed changes to this rule as a result of the review will be published in the Proposed Rule Section of the Texas Register and will be open for an additional 30 day public comment period prior to final adoption or repeal by the department.

TRD-200200654

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 1, 2002

Title 30, Part 1

The Texas Natural Resource Conservation Commission (commission) files this notice of intention to review and proposes the readoption of Chapter 213, Edwards Aquifer. This review of Chapter 213 is proposed in accordance with the requirements of Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9 - 10.13, 76th Legislature, 1999, which require state agencies to review and consider for readoption each of their rules every four years. The review must include an assessment of whether the reasons for the rules continue to exist.

CHAPTER SUMMARY

Chapter 213 regulates certain activities having the potential to adversely affect the water quality of the Edwards Aquifer and hydrologically-connected surface water in order to protect existing and potential beneficial uses of groundwater. The activities addressed are those that pose a threat to water quality in the recharge, transition, and contributing zones of the Edwards Aquifer.

Subchapter A, concerning the Edwards Aquifer in Medina, Bexar, Comal, Kinney, Uvalde, Hays, Travis, and Williamson Counties applies to all regulated developments within the recharge zone and to certain activities within the transition zone and to point source wastewater discharges in the recharge zone and up to ten miles upstream of the recharge zone within the aquifer's contributory watersheds. Regulated development includes any construction-related or post-construction activity on the recharge zone of the Edwards Aquifer having the potential for polluting the Edwards Aquifer and hydrologically connected surface streams. These activities include, but are not limited to, the construction of residential or commercial sites, utility lines, roads and highways, sewage collection systems, or aboveground storage tank (AST) or underground storage tank (UST) facilities for static hydrocarbons or hazardous substances. Clearing, excavation, or any other activity which alters or disturbs the topographic, geologic, or existing recharge characteristics of a site is also considered regulated activity.

Effective June 1, 1999, the commission implemented new Chapter 213, Subchapter B to regulate activities in the contributing zone to the Edwards Aquifer having the potential for polluting surface streams which recharge the Edwards Aquifer. United States Geological Survey hydrogeologic studies show that, on average, 80 to 85% of the recharge to the Edwards Aquifer takes place in the stream beds that cross the recharge zone. The regulation of activities that can affect the quality of water flowing into the recharge zone protects the quality of the groundwater in the Edwards Aquifer, thus protecting the existing and potential uses of these water resources.

Regulated activities under Subchapter B include any construction-related or post-construction activity occurring on the contributing zone of the Edwards Aquifer that has the potential for contributing pollution to surface streams that enter the Edwards Aquifer recharge zone. These activities include, but are not limited to, the construction of residential or commercial sites, utility lines, roads and highways, or AST or UST facilities for static hydrocarbons or hazardous substances. Clearing, excavation, or any other activity which alters or disturbs the topographic, geologic, or existing stormwater runoff characteristics of a site is also considered regulated activity. Subchapter B rules apply only to regulated activities disturbing at least five acres, or regulated activities disturbing less than five acres which are part of a larger common plan of development or sale with the potential to disturb cumulatively five or more acres.

PRELIMINARY ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The commission conducted a preliminary review and determined that the reasons for the rules in Chapter 213 continue to exist. The specific purpose of Chapter 213 rules is to regulate activities having the potential to adversely affect the water quality of the Edwards Aquifer and hydrologically- connected surface water in order to protect existing and potential beneficial uses of groundwater. The need to protect existing and potential beneficial uses of groundwater in the Edwards Aquifer continues to exist. Chapter 213 rules are proposed under Texas Water Code (TWC), §5.103, which provides the commission with the authority to promulgate rules necessary for the exercise of its jurisdiction and powers provided by the code and other laws of Texas, §5.105, which directs the commission to establish and approve all general policy of the commission by rule, §26.046, which requires the commission to receive public comment on actions the commission should take to protect the Edwards Aquifer from pollution, §26.0461, which allows the commission to impose fees for inspecting the construction and maintenance of projects covered by plans and for processing plans or amendments that are subject to review or approval under the commission's Edwards Aquifer rules, and §26.137, which provides for a 30-day comment period in the review process for protection plans in the contributing zone of the Edwards Aquifer. Texas Water Code, §26.011 provides that the commission will administer the provisions of TWC, Chapter 26 and establish the level of quality to be maintained in and control the quality of the water in the state. Additionally, TWC, §26.121 prohibits unauthorized discharges, §26.401 gives the goal for groundwater protection in the state, and §28.011 authorizes the commission to make and enforce rules for the protection and preservation of groundwater. Also, §26.341 recognizes that it is the policy of the state to maintain and protect the quality of groundwater and surface water resource from certain substances in USTs and ASTs that may pollute groundwater and surface water resource, and §26.345, which allows the commission to develop a regulatory program regarding USTs and ASTs. Texas Health and Safety Code, §366.012 provides the commission with the authority to promulgate rules consistent with the Solid Waste Disposal Act and standards of operation for the management and control of solid waste. Texas Health and Safety Code, §366.012 provides the commission with the authority to adopt rules governing the installation of on-site sewage disposal systems.

The commission will propose administrative changes, including updates, consistency issues, and other identified changes in a future rulemaking.

PUBLIC COMMENT

This proposal is limited to the review in accordance with the requirements of Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9 - 10.13, 76th Legislature, 1999. The commission invites public comment on whether the reasons for the rules in Chapter 213 continue to exist. Comments may be submitted to Angela Slupe, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference Rule Log Number 2002-006-213-WT. Comments must be received by 5:00 p.m., March 15, 2002. For further information or questions concerning this proposal, please contact Kathy Ramirez, Policy and Regulations Division, at (512) 239-6757.

TRD-200200770

Stephanie Bergeron

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: February 6, 2002

Title 43, Part 1

Notice of Readopted Rules: The Texas Department of Transportation readopts without changes, Title 43, TAC, Part I, Chapter 9, Contract Management, Chapter 13, Materials Quality, §§15.1-15.8, Transportation Planning, §15.13, New Product Evaluation, §15.21, Distribution and Availability, §§15.40-15.42, Texas Highway Trunk System, §15.60, State Park Roads, §§15.70-15.76, International Bridges, §§15.80-15.93, Transportation Corporations, §21.21, State Participation in Relocation, Adjustment, and/or Removal, §§21.31-21.56, Utility Accommodation, §21.71, Incidental Expenses, §21.81, Passes, §§21.101-21.104, Disposal of Real Estate Interests, §§21.131-21.133, Control and Screening of Junkyards and Automobile Junkyards, §§21.141-21.162, Control of Outdoor Advertising Signs, §§21.401-21.581, Control of Signs Along Rural Roads, and Chapter 27, Toll Projects.

This review was conducted in accordance with Government Code, §2001.039.

The proposed review was published in the November 30, 2001, issue of the Texas Register (26 TexReg 9934). No comments were received regarding the readoption of these rules. The Texas Transportation Commission has reviewed these sections and determined that the reasons for adopting them continue to exist.

TRD-200200606

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: January 31, 2002