Title 30, Part 1

The Texas Commission on Environmental Quality (commission) files this notice of intention to review and proposes the readoption of Chapter 39, Public Notice, without changes. Any updates, consistency issues, or other changes, if needed, will be addressed in a separate rulemaking.

This review of Chapter 39 is proposed in accordance with the requirements of Texas Government Code, §2001.039, which requires 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 39 specifies notice requirements for applications and hearings on applications. These notice requirements provide members of the general public with the opportunity to participate in the permitting process. Chapter 39 also specifies notice requirements for hearings on contested case enforcement cases.

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 39 continue to exist. The rules are needed to ensure that members of the public are provided notice of permit applications and contested case enforcement matters so that they may have the opportunity to participate. The rules implement Texas Water Code (TWC), §5.103, which establishes the commission's general authority to adopt rules necessary to carry out its powers and duties; TWC, §5.105, which establishes the commission's authority to set policy by rule; TWC, §5.115, which establishes the commission's authority to adopt rules for notices of application; TWC, Chapter 5, Subchapter M, which establishes environmental permitting procedures and includes notice requirements; TWC, §26.011, which establishes the commission's authority to adopt rules for the control of waste discharges or impending waste discharges affecting the quality of water in the state; TWC, §26.028, which requires that notice of applications for water quality permits, permit amendments, and permit renewals be provided to persons who in the judgment of the commission may be affected by the applications; Texas Health and Safety Code (THSC), §361.024, which establishes the commission's authority to adopt rules for the control of solid waste; THSC, §361.082, which establishes the commission's authority to adopt rules for notice and hearing for hazardous waste permits; THSC, §382.017, which establishes the commission's rulemaking authority under the Texas Clean Air Act; THSC, §382.056, which establishes the commission's authority to adopt rules regarding notice and public comment; THSC, §401.051, which establishes the commission's authority to adopt the rules for control of radiation; Texas Government Code, §2001.004, which requires state agencies to adopt procedural rules; and Texas Government Code, §2001.052, which prescribes the contents of notice for contested case hearings.

PUBLIC COMMENT

This proposal is limited to the review in accordance with the requirements of Texas Government Code, §2001.039. The commission invites public comment on this preliminary review of the rules in Chapter 39. Comments may be submitted to Joyce Spencer, 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 2003-023-039-AD. Comments must be received in writing by 5:00 p.m., June 9, 2003. For further information or questions concerning this proposal, please contact Clifton Wise, Policy and Regulations Division, at (512) 239-2263.

TRD-200302681

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: April 28, 2003

The Texas Commission on Environmental Quality (commission) files this notice of intention to review and proposes the readoption of Chapter 333, Brownfields Initiatives, without changes. Any updates, consistency issues, or other changes, if needed, will be addressed in a separate rulemaking.

This review of Chapter 333 is proposed in accordance with the requirements of Texas Government Code, §2001.039, which requires 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 333 is necessary to effectively administer, manage, and implement the Brownfields Initiatives in the state. The Voluntary Cleanup Program (VCP) rules in Subchapter A establish procedures for the VCP including application requirements, elements of a VCP agreement, partial cleanups, reporting requirements, and effects on other program areas. The Innocent Owner/Operator Certification rules in Subchapter B establish procedures for innocent owner/operator certification including eligibility, application requirements, information provided by adjacent owners/operators, withdrawal of an application, denial of a certificate, and access.

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 333 continue to exist. The rules are necessary to effectively administer, manage, and implement the Brownfields Initiatives in the state. These rules provide for the implementation of the VCP set forth in Texas Solid Waste Disposal Act, Subchapter S, and Texas Health and Safety Code (THSC), Chapter 361 and the implementation of Innocent Owner/Operator Certification set forth in THSC, Chapter 361, Subchapter V.

PUBLIC COMMENT

This proposal is limited to the review in accordance with the requirements of Texas Government Code, §2001.039. The commission invites public comment on this preliminary review of the rules in Chapter 333. Comments may be submitted to Patricia Durón, 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 2003-031-333-WS. Comments must be received in writing by 5:00 p.m., June 9, 2003. For further information or questions concerning this proposal, please contact Emily Barrett, Policy and Regulations Division, at (512) 239- 3546.

TRD-200302680

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 28, 2003

Title 40, Part 1

The Texas Department of Human Services (DHS) files this notice of intention to review 40 TAC, Chapter 42 (Medicaid Waiver Program for People Who Are Deaf-Blind with Multiple Disabilities), Chapter 47 (Primary Home Care), Chapter 48 (Community Care for Aged and Disabled), and Chapter 49 (Contracting for Community Care Services) in accordance with the Government Code, §2001.039. During this review, DHS will assess whether the reasons for adopting these chapters continue to exist.

As required by §2001.039, DHS will accept comments on the proposed review for 30 days following the publication of this notice in the Texas Register . Any questions or written comments should be directed to Frances Rickard, Rules and Handbooks Unit-176, Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030 or (512) 438-4162. Issued in Austin, Texas, on April 25, 2003.

TRD-200302646

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Filed: April 25, 2003

Title 22, Part 23

The Texas Real Estate Commission (TREC) proposes to review Chapter 541 and Chapter 535 (§§535.1-535.81) in accordance with the Texas Government Code, §2001.039, and the General Appropriations Act of 1999, Article IX, Section 167.

Review of the rules under these chapters will determine whether the reasons for adoption of the rules continues to exist. During the review process, TREC may also determine that a specific rule may need to be amended to further refine TREC's legal and policy considerations, whether the rules reflect current TREC procedures, that no changes to a rule as currently in effect are necessary, or that a rule is not longer valid or applicable. Rules will also be combined or reduced for simplification and clarity when feasible. Readopted rules will be noted in the Texas Register's Rules Review section without publication of the text. Any proposed amendments or repeal of a rule or chapter as a result of the review will be published in the Proposed Rules section of the Texas Register and will be open for an additional 30-day public comment period prior to final adoption or repeal.

TREC invites comments during the review process for 30 days following the publication of this notice in the Texas Register . Any questions or comments pertaining to this notice of intention to review should be directed to Loretta R. DeHay, General Counsel, Texas Real Estate Commission. P.O. Box 12188, Austin, Texas 78711-2188 or e-mail to general.counsel@trec.state.tx.us within 30 days of publication.

TRD-200302675

Loretta DeHay

General Counsel

Texas Real Estate Commission

Filed: April 29, 2003