Title 21, Part 18

The Texas Groundwater Protection Committee (TGPC or committee) files this notice of intention to review and proposes the readoption of Chapter 601, Groundwater Contamination Report, with amendments as concurrently published in the Proposed Rules section of this issue of the Texas Register .

This review of Chapter 601 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

The TGPC was created by the 71st Legislature in 1989 to bridge gaps between existing state groundwater programs and to optimize water quality protection by improving coordination among agencies involved in groundwater activities. The committee's rules in Chapter 601 define the conditions that constitute groundwater contamination for the purpose of inclusion of cases in the public files for each state agency having responsibilities related to the protection of groundwater. These rules also describe the contents of the committee's Joint Groundwater Monitoring and Contamination Report required under Texas Water Code (TWC), §26.406. The report describes the current status of groundwater monitoring activities conducted by or required by each agency at regulated facilities or associated with regulated activities; contains a description of each case of groundwater contamination documented during the previous calendar year; contains a description of each case of contamination documented during the previous year for which enforcement action was incomplete at the time of issuance of the preceding report; and indicates the status of enforcement action for each case of contamination which is listed. The rules also specify the form and content of notices of groundwater contamination that must be mailed to each owner of a private drinking water well that may be affected by documented cases of groundwater contamination and to each applicable groundwater conservation district as directed by TWC, §26.408.

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

The committee conducted a preliminary review and determined that the reasons for the rules in Chapter 601 continue to exist. Chapter 601 is necessary because TWC, §26.406 specifically provides that the committee shall adopt rules defining the conditions that constitute groundwater contamination for purposes of inclusion of cases in the public files and the joint report required by this section, and TWC, §26.408 specifically directs the committee to designate the form and content of the notice of groundwater contamination mailed to owners of private drinking water wells and to groundwater conservation districts. To meet these statutory requirements, the rules provide the definitions and applicability for maintaining public files on groundwater contamination cases and contents of the annual Joint Groundwater Monitoring and Contamination Report required by TWC, §26.406(d) and the form and content of the mailed notice required by TWC, §26.408(c).

PUBLIC COMMENT

This proposal is limited to the review in accordance with the requirements of Texas Government Code, §2001.039. The committee invites public comment on whether the reasons for the rules in Chapter 601 continue to exist. Comments may be submitted to Kathleen McCormack, Groundwater Planning and Assessment, MC 147, Texas Commission on Environmental Quality, P. O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4450. All comments should reference TGPC-Groundwater Contamination Report Quadrennial Review. Comments must be received by 5:00 p.m., June 12, 2006. For further information or questions concerning this proposal, please contact Mary Ambrose, Designated Chairman, Texas Groundwater Protection Committee, at (512) 239-4813.

TRD-200602372

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Groundwater Protection Committee

Filed: April 28, 2006

Title 7, Part 1

The Finance Commission of Texas, on behalf of the Office of Consumer Credit Commissioner (agency), has completed the review of Texas Administrative Code, Title 7, Part 1, Chapter 1, Subchapter Q (§§1.1201 - 1.1207, 1.1211 - 1.1212, 1.1214 - 1.1217, 1.1221 - 1.1222, 1.1224 - 1.1227, 1.1231 - 1.1232, 1.1234 - 1.1237, 1.1241 - 1.1242, 1.1244 - 1.1247, and 1.1251 - 1.1256) relating to Chapter 342, Plain Language Contract Provisions, and Subchapter S (§§1.1401 - 1.1410) relating to Motor Vehicle Sales Finance Licenses, pursuant to §2001.039, Texas Government Code.

Notice of the review of 7 TAC Chapter 1, Subchapters Q and S was published in the Texas Register as required on February 3, 2006 (31 TexReg 711). The agency received no comments in response to that notice.

The Office of Consumer Credit Commissioner, which administers these rules, believes that the reasons for initially adopting the rules contained in these subchapters continue to exist. However, the agency determined that these rules should be relocated and that certain revisions are appropriate and necessary. The proposed repeals of Subchapter Q and Subchapter S, as well as the proposed new sections contained within new Chapters 90 and 84, respectively, are being concurrently published elsewhere in this issue of the Texas Register and will be open for an additional 30-day public comment period prior to final adoption or repeal by the commission.

Any questions or written comments pertaining to the proposed changes (published elsewhere in this issue) resulting from this rule review should be directed to Laurie Hobbs, Assistant General Counsel, Office of Consumer Credit Commissioner, 2601 North Lamar Boulevard, Austin, Texas 78705-4207, or by e-mail to laurie.hobbs@occc.state.tx.us.

Subject to the proposed repeals of Subchapter Q and Subchapter S, the commission finds that the reasons for initially adopting these rules continue to exist and readopts these sections without changes in accordance with the requirements of Texas Government Code, §2001.039.

This concludes the review of 7 TAC Chapter 1, Subchapters Q and S.

TRD-200602425

Leslie L. Pettijohn

Commissioner

Finance Commission of Texas

Filed: May 1, 2006