Title 30, Part 1

The Texas Natural Resource Conservation Commission (commission) files this notice of intention to review and propose the readoption of Chapter 323, Waste Disposal Approvals. This review of Chapter 323 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. A review must include an assessment of whether the reasons for the rules continue to exist.

CHAPTER SUMMARY

Chapter 323 allows the executive director to develop a system for evaluating waste disposal facilities to determine if the design and operation merit state approval. The chapter provides conditions under which a person whose waste disposal facility attained an approved rating can erect signs to show that the facility has been approved, and establishes procedures used to evaluate waste disposal facilities after the rating system has been established.

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 323 continue to exist. These rules are needed to implement provisions of the Texas Water Code, §26.033, Rating of Waste Disposal Systems. Section 26.033 requires the commission to provide by rule for a system of approved ratings for municipal waste disposal systems and other waste disposal systems which the commission may designate.

The commission's review of Chapter 323 also revealed that the rating system requirements may be better addressed through the commission's sunset bill, House Bill (HB) 2912, as adopted by the 77th Legislature, 2001, which requires the commission to adopt rules relating to the classification and use of a regulated entity's compliance history in certain commission decisions. In an effort to maintain consistency and to provide incentives for enhanced environmental performance, Chapter 323's rating program requirements may be revised as part of the implementation of HB 2912.

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 323 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 2001-019-323-WT. Comments must be received in writing by 5:00 p.m., August 27, 2001. For further information or questions concerning this proposal, please contact Kathy Ramirez, Policy and Regulations Division, (512) 239- 6757.

TRD-200103998

Ramon Dasch

Acting Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: July 12, 2001

The Texas Board of Chiropractic Examiners readopts Chapter 78, relating to Chiropractic Radiologic Technologists, in accordance with the 1997 Appropriations Act, section 167, without changes to the proposed review published in the April 6, 2001, issue of the Texas Register (26 TexReg 2763).

Amendments to this chapter are being adopted elsewhere in this issue of the Texas Register .

The agency's reason for adopting the rules contained in this chapter continues to exist.

No comments were received regarding readoption of the chapter.

This concludes the review of Chapter 78.

TRD-200104090

Gary K. Cain, Ed.D.

Executive Director

Texas Board of Chiropractic Examiners

Filed: July 16, 2001

The Texas Board of Chiropractic Examiners readopts Chapter 79, relating to Provisional Licensure, in accordance with the 1997 Appropriations Act, section 167, without changes to the proposed review published in the April 6, 2001, issue of the Texas Register (26 TexReg 2763).

Amendments to this chapter are being adopted elsewhere in this issue of the Texas Register .

The agency's reason for adopting the rules contained in this chapter continues to exist.

No comments were received regarding readoption of the chapter.

This concludes the review of Chapter 79.

TRD-200104091

Gary K. Cain, Ed.D.

Executive Director

Texas Board of Chiropractic Examiners

Filed: July 16, 2001

Title 40, Part 11

The Texas Commission on Human Rights adopts the review of Texas Administrative Code, Title 40, Chapter 335, consisting of §§335.1 - 335.7, concerning General Provisions, pursuant to Government Code, §2001.039, and the General Appropriations Act of 1997, Article IX, §167. The proposed rule review was published in the May 4, 2001, issue of the Texas Register (26 TexReg 3397). No comments were received regarding this review.

The Commission reviewed the rules in chapter 335. As a result of the review process, the Commission proposed that the reference to Texas Revised Civil Statutes Annotated Article 1f should be replaced with the citation to the Texas Property Code. Texas Revised Civil Statutes Annotated Article 1f was codified into Chapter 301 of the Texas Property Code in 1995 by the 73rd Texas Legislature, Senate Bill 248, Acts 1993, 73rd Legislature, Chapter 268, Section 40, effective September 1, 1993. It is necessary to provide the current and correct reference within the rules. Additionally, the Commission proposed that the reference to handicap, handicapped, and handicaps should be replaced with the current and correct reference to disability, disabled, and disabilities. The proposed amendments appear in the Proposed Rules section of this issue of the Texas Register .

The Commission has determined that the rules are still essential in effectuating the provisions of Texas Property Code, Chapter 301 which gives the Commission the authority to promulgate and enforce a code of rules and take all action required to assure compliance with the intent and purpose of the Code.

TRD-200104049

Katherine A. Antwi

Interim Executive Director

Texas Commission on Human Rights

Filed: July 16, 2001

The Texas Commission on Human Rights adopts the review of Texas Administrative Code, Title 40, Chapters 336 and 337, consisting of §336.1, concerning Commission and §§337.1 - 337.3, concerning Referral to Municipalities, pursuant to Government Code, §2001.039, and the General Appropriations Act of 1997, Article IX, §167. The proposed rule review was published in the May 4, 2001, issue of the Texas Register (26 TexReg 3397). No comments were received regarding this review.

The Commission reviewed the rules in chapters 336 and 337. As a result of the review process, the Commission proposed that the reference to Texas Revised Civil Statutes Annotated Article 1f should be replaced with the citation to the Texas Property Code. Texas Revised Civil Statutes Annotated Article 1f was codified into Chapter 301 of the Texas Property Code in 1995 by the 73rd Texas Legislature, Senate Bill 248, Acts 1993, 73rd Legislature, Chapter 268, Section 40, effective September 1, 1993. It is necessary to provide the current and correct reference within the rules. Additionally, the Commission proposed that the reference to handicap, handicapped, and handicaps should be replaced with the current and correct reference to disability, disabled, and disabilities. The proposed amendments appear in the Proposed Rules section of this issue of the Texas Register .

The Commission has determined that the rules are still essential in effectuating the provisions of Texas Property Code, Chapter 301 which gives the Commission the authority to promulgate and enforce a code of rules and take all action required to assure compliance with the intent and purpose of the Code.

TRD-200104050

Katherine A. Antwi

Interim Executive Director

Texas Commission on Human Rights

Filed: July 16, 2001

The Texas Commission on Human Rights adopts the review of Texas Administrative Code, Title 40, Chapter 338, consisting of §§338.1 - 338.8, concerning Exempted Real Estate-Related Transactions, pursuant to Government Code, §2001.039, and the General Appropriations Act of 1997, Article IX, §167. The proposed rule review was published in the May 4, 2001, issue of the Texas Register (26 TexReg 3397). No comments were received regarding this review.

The Commission reviewed the rules in chapters 338. As a result of the review process, the Commission proposed that the reference to Texas Revised Civil Statutes Annotated Article 1f should be replaced with the citation to the Texas Property Code. Texas Revised Civil Statutes Annotated Article 1f was codified into Chapter 301 of the Texas Property Code in 1995 by the 73rd Texas Legislature, Senate Bill 248, Acts 1993, 73rd Legislature, Chapter 268, Section 40, effective September 1, 1993. It is necessary to provide the current and correct reference within the rules. Additionally, the Commission proposed that the reference to handicap, handicapped, and handicaps should be replaced with the current and correct reference to disability, disabled, and disabilities. The proposed amendments appear in the Proposed Rules section of this issue of the Texas Register .

The Commission has determined that the rules are still essential in effectuating the provisions of Texas Property Code, Chapter 301 which gives the Commission the authority to promulgate and enforce a code of rules and take all action required to assure compliance with the intent and purpose of the Code.

TRD-200104051

Katherine A. Antwi

Interim Executive Director

Texas Commission on Human Rights

Filed: July 16, 2001

The Texas Commission on Human Rights adopts the review of Texas Administrative Code, Title 40, Chapter 339, consisting of §§339.1 - 339.18, concerning Discriminatory Housing Practices, pursuant to Government Code, §2001.039, and the General Appropriations Act of 1997, Article IX, §167. The proposed rule review was published in the May 4, 2001, issue of the Texas Register (26 TexReg 3398). No comments were received regarding this review.

The Commissioners reviewed the rules in chapter 339. As a result of the review process, the Commission proposed that the reference to Texas Revised Civil Statutes Annotated Article 1f should be replaced with the citation to the Texas Property Code. Texas Revised Civil Statutes Annotated Article 1f was codified into Chapter 301 of the Texas Property Code in 1995 by the 73rd Texas Legislature, Senate Bill 248, Acts 1993, 73rd Legislature, Chapter 268, Section 40, effective September 1, 1993. It is necessary to provide the current and correct reference within the rules. Additionally, the Commissioners proposed that the reference to handicap, handicapped, and handicaps should be replaced with the current and correct reference to disability, disabled, and disabilities. The proposed amendments appear in the Proposed Rules section of this issue of the Texas Register .

The Commission has determined that the rules are still essential in effectuating the provisions of Texas Property Code, Chapter 301 which gives the Commission the authority to promulgate and enforce a code of rules and take all action required to assure compliance with the intent and purpose of the Code.

TRD-200104052

Katherine A. Antwi

Interim Executive Director

Texas Commission on Human Rights

Filed: July 16, 2001

The Texas Commission on Human Rights adopts the review of Texas Administrative Code, Title 40, Chapter 340, consisting of §§340.1 - 340.28, concerning Administrative Enforcement, pursuant to Government Code, §2001.039, and the General Appropriations Act of 1997, Article IX, §167. The proposed rule review was published in the May 4, 2001, issue of the Texas Register (26 TexReg 3398). No comments were received regarding this review.

The Commission reviewed the rules in chapter 340. As a result of the review process, the Commission proposed that the reference to Texas Revised Civil Statutes Annotated Article 1f should be replaced with the citation to the Texas Property Code. Texas Revised Civil Statutes Annotated Article 1f was codified into Chapter 301 of the Texas Property Code in 1995 by the 73rd Texas Legislature, Senate Bill 248, Acts 1993, 73rd Legislature, Chapter 268, Section 40, effective September 1, 1993. It is necessary to provide the current and correct reference within the rules. Additionally, the Commission proposed that the reference to handicap, handicapped, and handicaps should be replaced with the current and correct reference to disability, disabled, and disabilities. The proposed amendment appears in the Proposed Rules section of this issue of the Texas Register .

The Commission has determined that the rules are still essential in effectuating the provisions of Texas Property Code, Chapter 301 which gives the Commission the authority to promulgate and enforce a code of rules and take all action required to assure compliance with the intent and purpose of the Code.

TRD-200104053

Katherine A. Antwi

Interim Executive Director

Texas Commission on Human Rights

Filed: July 16, 2001

The Texas Commission on Human Rights adopts the review of Texas Administrative Code, Title 40, Chapter 341, consisting of §§341.1 - 341.16, concerning Administrative Hearings Proceedings, pursuant to Government Code, §2001.039, and the General Appropriations Act of 1997, Article IX, §167. The proposed rule review was published in the May 4, 2001, issue of the Texas Register (26 TexReg 3398). No comments were received regarding this review.

The Commission reviewed the rules in chapter 341. As a result of the review process, the Commission proposed that the reference to Texas Revised Civil Statutes Annotated Article 1f should be replaced with the citation to the Texas Property Code. Texas Revised Civil Statutes Annotated Article 1f was codified into Chapter 301 of the Texas Property Code in 1995 by the 73rd Texas Legislature, Senate Bill 248, Acts 1993, 73rd Legislature, Chapter 268, Section 40, effective September 1, 1993. It is necessary to provide the current and correct reference within the rules. Additionally, the Commission proposed that the reference to handicap, handicapped, and handicaps should be replaced with the current and correct reference to disability, disabled, and disabilities. The proposed amendments appear in the Proposed Rules section of this issue of the Texas Register .

The Commission has determined that the rules are still essential in effectuating the provisions of Texas Property Code, Chapter 301 which gives the Commission the authority to promulgate and enforce a code of rules and take all action required to assure compliance with the intent and purpose of the Code.

TRD-200104054

Katherine A. Antwi

Interim Executive Director

Texas Commission on Human Rights

Filed: July 16, 2001

The Texas Commission on Human Rights adopts the review of Texas Administrative Code, Title 40, Chapters 342 and 343, consisting of §§342.1 - 342.3, concerning Prompt Judicial Action, and §§343.1 - 343.5, concerning Enforcement by a Private Persons, pursuant to Government Code, §2001.039, and the General Appropriations Act of 1997, Article IX, §167. The proposed rule review was published in the May 4, 2001, issue of the Texas Register (26 TexReg 3398). No comments were received regarding this review.

The Commission reviewed the rules in chapters 342 and 343. As a result of the review process, the Commission proposed that the reference to Texas Revised Civil Statutes Annotated Article 1f should be replaced with the citation to the Texas Property Code. Texas Revised Civil Statutes Annotated Article 1f was codified into Chapter 301 of the Texas Property Code in 1995 by the 73rd Texas Legislature, Senate Bill 248, Acts 1993, 73rd Legislature, Chapter 268, Section 40, effective September 1, 1993. It is necessary to provide the current and correct reference within the rules. Additionally, the Commission proposed that the reference to handicap, handicapped, and handicaps should be replaced with the current and correct reference to disability, disabled, and disabilities. The proposed amendments appear in the Proposed Rules section of this issue of the Texas Register .

The Commission has determined that the rules are still essential in effectuating the provisions of Texas Property Code, Chapter 301 which gives the Commission the authority to promulgate and enforce a code of rules and take all action required to assure compliance with the intent and purpose of the Code.

TRD-200104055

Katherine A. Antwi

Interim Executive Director

Texas Commission on Human Rights

Filed: July 16, 2001

The Texas Commission on Human Rights adopts the review of Texas Administrative Code, Title 40, Chapters 344, 345, 346, 347, and 348, consisting of §§344.1 - 344.3, concerning Other Action by the Commission, §345.1, concerning Prevailing Party, §346.1, concerning Fair Housing Fund, §347.1, concerning Statutory Authority, and §348.1, concerning Effective Date, pursuant to Government Code, §2001.039, and the General Appropriations Act of 1997, Article IX, §167. The proposed rule review was published in the May 4, 2001, issue of the Texas Register (26 TexReg 3398). No comments were received regarding this review.

The Commission reviewed the rules in chapters 344, 345, 346, 347, and 348. As a result of the review process, the Commission proposed that the reference to Texas Revised Civil Statutes Annotated Article 1f should be replaced with the citation to the Texas Property Code. Texas Revised Civil Statutes Annotated Article 1f was codified into Chapter 301 of the Texas Property Code in 1995 by the 73rd Texas Legislature, Senate Bill 248, Acts 1993, 73rd Legislature, chapter 268, Section 40, effective September 1, 1993. It is necessary to provide the current and correct reference within the rules. Additionally, the Commission proposed that the reference to handicap, handicapped, and handicaps should be replaced with the current and correct reference to disability, disabled, and disabilities. The proposed amendments appear in the Proposed Rules section of this issue of the Texas Register .

The Commission has determined that the rules are still essential in effectuating the provisions of Texas Property Code, Chapter 301 which gives the Commission the authority to promulgate and enforce a code of rules and take all action required to assure compliance with the intent and purpose of the Code.

TRD-200104056

Katherine A. Antwi

Interim Executive Director

Texas Commission on Human Rights

Filed: July 16, 2001

Title 25, Part 2

The Texas Department of Mental Health and Mental Retardation (TDMHMR) adopts the review of Chapter 403, Subchapter B, concerning charges for community-based services. The notice of intent to review was published in the May 11, 2001, issue of the Texas Register (26 TexReg 3499).

No comments were received regarding the review.

TDMHMR reviewed the rules in Chapter 403, Subchapter B, and has determined that the reasons for originally adopting the rules continue to exist. The rules in Chapter 403, Subchapter B, are readopted in accordance with the General Appropriations Act, House Bill 1, 76th Legislature, Article IX, 9-10.13, and the Texas Government Code, §2001.039, which requires the Texas Board of Mental Health and Mental Retardation to review and consider for readoption each of its rules every four years, and under TDMHMR's broad rulemaking authority for mental health and mental retardation services pursuant to the Texas Health and Safety Code, §532.015(a).

TRD-200104080

Andrew Hardin

Chairman, TDMHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: July 16, 2001

Title 30, Part 1

The Texas Natural Resource Conservation Commission (commission) adopts the rules review and readopts Chapter 112, Control of Air Pollution from Sulfur Compounds, 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. The proposed notice of intention to review was published in the May 4, 2001 issue of the Texas Register (26 TexReg 3399).

CHAPTER SUMMARY

Chapter 112 regulates, through state and federal air quality standards, the control of air pollution from sulfur compounds, which include sulfur dioxide (SO ₂ ), sulfuric acid mist (H ₂ SO ₄ ), hydrogen sulfide (H ₂ S), and total reduced sulfur (TRS). Chapter 112 was initially adopted in 1968 by the Texas Air Control Board (TACB) in accordance with the Texas Clean Air Act (TCAA) of the 60th Legislature, 1967. The standards adopted at that time were state air quality standards, because the Federal Clean Air Act of 1970, as codified in 42 United States Code (USC), had not been promulgated and there were no federal air quality standards. In 1972, the TACB submitted the SO ₂ rules as part of the state implementation plan (SIP) for the SO ₂ national ambient air quality standard (NAAQS) in accordance with 42 USC, §7409, National Primary and Secondary Ambient Air Quality Standards; and §7410, State Implementation Plans for National Primary and Secondary Ambient Air Quality Standards. In 1973, the TACB adopted rules concerning SO ₂ emission limits from all processes, including sulfuric acid plants, in non-ferrous smelters. In 1989, the TACB adopted rules and a state plan concerning control of sulfuric acid mist and TRS from existing facilities in accordance with 42 USC, §7411(d), Standards of Performance for Existing Sources.

This chapter is organized in four subchapters. Subchapter A, Control of Sulfur Dioxide, contains the definitions; compliance, reporting, and recordkeeping requirements; air quality standards in the form of net ground level concentration limits; conditions for exemption from the net ground level concentration limits; allowable emission rate standards for various types of facilities that emit SO ₂ ; plan requirements for temporary low-sulfur fuel shortages; area control plan requirements specifying conditions for exemption from net ground level concentration limits for all SO ₂ emitting facilities inside a specified area of the state; and an allowable emission rate standard for facilities operating under an area control plan. The specific types of SO ₂ emitting facilities covered by allowable emission rate standards include sulfuric acid plants burning elemental sulfur, sulfuric acid plants, sulfur recovery plants, solid fossil fuel-fired steam generators, plants combusting liquid fuel, and nonferrous smelters. Subchapter B, Control of Hydrogen Sulfide, establishes an allowable net ground level concentration limit of 0.08 part per million (ppm) averaged over a 30-minute period for H ₂ S emission sources located near property used for residential, business, or commercial purposes; a net ground level concentration limit of 0.12 ppm averaged over a 30-minute period for sources located near property used for purposes other than residential, business, or commercial; and specifies the procedures by which the H2 S net ground level concentration may be determined. Subchapter C, Control of Sulfuric Acid, establishes net ground level concentration limits for H ₂ SO ₄ acid emission sources; allowable emission rate standards for specific types of H ₂ SO ₄ mist emission sources (H ₂ SO ₄ or oleum facilities burning elemental sulfur, alkylation acid, hydrogen sulfide, organic sulfides, mercaptans, or acid sludge); an exemption for H ₂ SO ₄ plants or facilities used exclusively as SO ₂ control systems, chamber process plants, acid concentrators, or oleum storage and transfer facilities; specifies the procedures by which the H ₂ SO ₄ net ground level concentrations and maximum allowable emission rates may be determined; inspection and recordkeeping requirements; and compliance schedules. Subchapter D, Control of Total Reduced Sulfur, establishes emission limits and alternate emission limits for TRS compounds from kraft pulp mills; inspection requirements; monitoring and recordkeeping requirements; and compliance schedules. The chapter has been revised a total of nine times since its initial adoption in January 1968.

ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The commission determined that the reasons for the rules in Chapter 112 continue to exist. These rules are necessary to control emissions of SO2 , H ₂ S, H ₂ SO ₄ , and TRS throughout the state. Specifically, the rules controlling SO ₂ were developed under the authority of TCAA, §382.011, General Powers and Duties, which authorizes the commission to control air contaminants; §382.013, Air Quality Control Regions, which authorizes the commission to designate air quality control regions; and §382.017, Rules, which authorizes the commission to adopt rules to implement TCAA. The rules controlling SO ₂ are also needed to implement TCAA, §382.012, State Air Control Plan, which mandates the commission to develop a comprehensive plan for the proper control of the state's air; and 42 USC, §7409 and §7410 to control SO ₂ from sources in specific counties to maintain attainment of the primary and secondary SO ₂ NAAQS. The rules controlling H ₂ S were developed under the authority of TCAA, §§382.011, 382.013, and 382.017; needed to implement TCAA, §382.012. The rules controlling H ₂ SO ₄ and TRS were developed under the authority of TCAA, §§382.011, 382.013, and 382.017. The rules controlling H ₂ SO ₄ and TRS are also needed to implement TCAA, §382.012 and 42 USC, §7411(d) to control specifically designated pollutants from existing designated sources.

The commission's review of Chapter 112 revealed a number of inconsistencies, incorrect references, and outdated citations. In addition, Chapter 112 requires a method of calculating emission rates (Sutton's equation) that is potentially outdated, and possibly should be augmented or replaced by the dispersion modeling techniques. The commission specifically requested public comment regarding which is the more acceptable and appropriate method, the use of Sutton's equation with data from stack samples and measurements, or dispersion modeling techniques, but received no comment. All updates, consistency issues, or other needed changes to Chapter 112 will be considered in a future rulemaking action.

PUBLIC COMMENT

The public comment period closed on June 4, 2001, and no comments were received.

TRD-200103999

Ramon Dasch

Acting Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: July 12, 2001

The Texas Natural Resource Conservation Commission (commission) adopts the rules review and readopts Chapter 317, Design Criteria for Sewerage Systems, 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. A review must include an assessment of whether the reasons for the rules continue to exist. The proposed notice of intention to review was published in the May 4, 2001 issue of the Texas Register (26 TexReg 3400).

CHAPTER SUMMARY

Chapter 317 provides standards for the commission to use in its review and approval of plans and specifications for treatment facilities, sewer systems, and disposal systems that transport, treat, or dispose of primarily domestic wastes. These standards are intended to promote the design of facilities in accordance with effluent quality requirements necessary to meet state water quality standards, good public health, and water quality engineering practices. At a minimum, Chapter 317 includes requirements for a preliminary engineering report which provides the general engineering concepts underlying the proposed project as well as the final engineering report detailing the fully developed project along with related plans and specifications.

ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The commission determined that the reasons for the rules in Chapter 317 continue to exist. Chapter 317 is authorized under Texas Water Code (TWC), §5.103, which allows the commission to adopt any rules necessary to carry out its powers and duties; TWC, §26.011, which provides the commission the authority to adopt rules consistent with provisions in the TWC relating to waste discharges; and TWC, §26.023, which requires the commission to set water quality standards for all water in the state. Chapter 317 is also specifically authorized under TWC, §26.034, which requires the commission to adopt standards to determine which plans and specifications the commission will review for approval.

In a future rulemaking (Rule Log No. 1995-100-317-WT), the commission will propose to repeal Chapter 317 and move it to new Chapter 217 which will meet the commission's goal of having all water-related rules under the 200 series. New Chapter 217 will also bring the standards for wastewater treatment systems up-to-date with current engineering practices and technology; and update the rules to better reflect the commission's permitting practices.

PUBLIC COMMENT

The public comment period ended June 4, 2001, and no comments were received.

TRD-200103997

Ramon Dasch

Interim Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: July 12, 2001

The Texas Natural Resource Conservation Commission (TNRCC or commission) adopts the rules review and the concurrent repeal of Chapter 322, Community Wastewater Planning, which is published in the Adopted Rules section of this issue of the Texas Register . This review is 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. The proposed notice of intention to review was published in the May 4, 2001 issue of the Texas Register (26 TexReg 3400).

CHAPTER SUMMARY

Chapter 322 provides that in order to assist a municipality in implementing a regional wastewater plan, the commission will consider regional plans that have been previously approved by the commission and adopted by a municipality. The municipality must request, in writing, that the commission assist in implementing the regional plan.

ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The commission's review of Chapter 322 revealed that the rules in this chapter have not proven to be an effective mechanism for promoting regionalization. Chapter 322 was originally adopted in response to a request from the City of Houston to assist in implementing its long-term wastewater regional plan. In the years since its adoption in 1992, neither the City of Houston, nor any other municipality has asked the TNRCC to use the authority under this chapter.

The commission is committed to promoting the development and use of regional and area-wide wastewater systems as required by the Texas Water Code (TWC); however, it believes these rules are unnecessary because there are other more effective mechanisms for promoting regionalization already in place. For example, in accordance with TWC, §26.027, and 30 TAC Chapter 305, the TNRCC executive director has revised the wastewater permit application to require applicants to submit detailed explanations regarding whether there is a wastewater treatment and collection system, within three miles of the area to be serviced by the proposed facility, that is willing and able to service the area and, if so, to submit an economic justification as to why the applicant is pursuing a permit rather than connecting to the existing system. Furthermore, TWC, Chapter 13, Subchapter G, Certificates of Convenience and Necessity, allows districts to apply for certificates of convenience and necessity (CCNs), although districts are not required to obtain such a certificate. The commission has adopted a detailed policy statement and rules that address regionalization through the CCN process ( see 30 TAC §291.102(b), effective October 19, 2000). Regionalization for districts and other entities is available through this process, as well as through the process set forth in TWC, Chapter 26, Subchapter C, Regional and Area-wide Systems, to promote regional and area-wide waste collection, treatment, and disposal systems. For these reasons, rather than readopt unnecessary and unused rules, the commission adopts the repeal of Chapter 322. The adopted repeals can be found in the Adopted Rules section of this issue of the Texas Register .

PUBLIC COMMENT

The public comment period closed on June 4, 2001, and no comments were received. A public hearing was not held.

TRD-200104000

Ramon Dasch

Acting Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: July 12, 2001

Title 31, Part 2

The Texas Parks and Wildlife Commission adopts the rule review of the contents of Chapter 57, Fisheries, as published in the February 23, 2001, issue of the Texas Register (26 TexReg 1757). As a result of the review, the commission readopted the contents of the chapter without change. No comments were received concerning readoption of the rules.

Chapter 57. FISHERIES

Subchapter A. Harmful or Potentially Harmful Exotic Fish, Shellfish, and Aquatic Plants

§57.111. Definitions.

§57.112. General Rules.

§57.113. Exceptions.

§57.114. Health Certification of Exotic Shellfish.

§57.115. Transportation of Live Exotic Species.

§57.116. Exotic Species Transport Invoice.

§57.117. Exotic Species Permit: Fee and Application Requirements.

§57.118. Exotic Species Permit Issuance.

§57.119. Exotic Species Permit: Requirements for Permits.

§57.120. Exotic Species Permit: Expiration and Renewal.

§57.121. Exotic Species Permit--Amendment.

§57.122. Appeal.

§57.123. Exotic Species Permit Reports.

§57.124. Triploid Grass Carp; Sale, Purchase.

§57.125. Triploid Grass Carp Permit; Application, Fee.

§57.126. Triploid Grass Carp Permit; Terms of Issuance.

§57.127. Triploid Grass Carp Permit; Denial.

§57.128. Exotic Species Permits, Triploid Grass Carp Permits; Revocation.

§57.129. Exotic Species Permit: Private Facility Criteria.

§57.130. Exotic Species Interstate Transport Permit.

§57.131. Exotic Species Interstate Transport Permit: Application and Issuance.

§57.132. Exotic Species Interstate Transport Permit: Permittee Requirements.

§57.133. Exotic Species Interstate Transport Permit: Expiration and Renewal.

§57.134. Wastewater Discharge Authority.

§57.135. Memorandum of Understanding between the Texas Parks and Wildlife Department and the Texas Natural Resource Conservation Commission.

§57.136. Penalties.

Subchapter B. Mussels and Clams

§57.156. Definitions.

§57.157. Mussels and Clams.

§57.158. Penalties.

Subchapter C. Introduction of Fish, Shellfish, and Aquatic Plants

§57.251. Definitions.

§57.252. Prohibited Acts.

§57.253. Permit Exemptions.

§57.254. Permit Application; Validity.

§57.255. Permit Denial.

§57.256. Appeal.

§57.257. Penalties.

Subchapter D. Commercially Protected Finfish

§57.372. Packaging Requirements.

§57.373. Package Labels.

§57.374. Delegation of Authority.

§57.375. Exclusive Economic Zone Regulations.

Subchapter E. Permits to Sell Nongame Fish Taken from Public Fresh Water

§57.377. Definitions.

§57.378. Nongame Fishes Covered by These Rules.

§57.379. Prohibited Acts.

§57.380. Permit Application.

§57.381. Permit Specifications and Requirements.

§57.382. Harvest and Sales Reports.

§57.383. Permit Fee.

§57.384. Permit Denial.

§57.385. Appeal.

§57.386. Penalties.

Subchapter F. Collection of Broodfish from Texas Waters

§57.391. Definitions.

§57.392. General Rules

§57.394. Broodfish Collection; Notification.

§57.395. Broodfish Permits; Fees, Terms of Issuance.

§57.396. Broodfish Permit; Expiration.

§57.397. Broodfish Permit; Revocation.

§57.398. Permit Denial.

§57.399. Appeal.

§57.400. Reports.

§57.401. Restitution for Broodfish.

Subchapter G. Marking of Vehicles

§57.500. Marking of Vehicles.

Subchapter H. Fishery Management Areas

§57.691. Fishery Management Plans.

Subchapter I. Consistency with Federal Regulations in the Exclusive Economic Zone

§57.801. Powers of the Executive Director.

Subchapter J. Fish Pass Proclamation

§57.901. Prohibited Acts.

Subchapter K. Scientific Areas

§57.920. Nine-Mile Hole State Scientific Area.

§57.921. Redfish Bay State Scientific Area.

This review is pursuant to the Texas Government Code, §2001.039, and the General Appropriations Act of 1997, Article IX, §167, 75th Legislature, Regular Session.

TRD-200104013

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Filed: July 12, 2001

The Texas Parks and Wildlife Commission adopts the rule review of the contents of Chapter 65, Wildlife, as published in the February 23, 2001, issue of the Texas Register (26 TexReg 1757). As a result of the review, the commission readopted the contents of the chapter without change. No comments were received concerning readoption of the rules.

CHAPTER 65. WILDLIFE

Subchapter A. Statewide Hunting and Fishing Proclamation

Division 1. General Provisions

§65.1. Application.

§65.3. Definitions.

§65.5. Importation of Wildlife.

§65.10. Possession of Wildlife Resources.

§65.11. Lawful Means.

§65.19. Hunting Deer with Dogs.

§65.24. Permits.

§65.25. Wildlife Management Plan (WMP).

§65.26. Managed Lands Deer (MLD) Permits.

§65.27. Antlerless and Spike-Buck Deer Control Permits (control permits).

§65.28. Landowner Assisted Management Permit System (LAMPS).

§65.29. Pronghorn Antelope Permits.

§65.30. Desert Bighorn Sheep Permits.

§65.31. Antlerless Mule Deer Permits.

§65.32. Mandatory Check Stations.

Note: Rule action affecting §§65.3, 65.10, 65.11, 65.26, 65.27 and 65.29 - 65.33 appears in the July 20, 2001, issue of the Texas Register .

Division 2. Open Seasons and Bag Limits--Hunting Provisions

§65.38. Game Animals: Open Seasons and Bag Limits.

§65.40. Pronghorn Antelope: Open Seasons and Bag Limits.

§65.42. Deer.

§65.44. Javelina: Open Seasons and Annual Bag Limits.

§65.46. Squirrel: Open Seasons, Bag, and Possession Limits.

§65.48. Desert Bighorn Sheep: Open Seasons and Annual Bag Limits.

§65.54. Game Birds: Open Seasons and Bag Limits.

§65.56. Lesser Prairie Chicken: Open Seasons, Bag, and Possession Limits.

§65.60. Pheasant: Open Seasons, Bag, and Possession Limits.

§65.62. Quail: Open Seasons, Bag, and Possession Limits.

§65.64. Turkey.

§65.66. Chachalacas.

NOTE: Rule action affecting §§65.42, 65.44, 65.62, and 65.64 appears in the July 20, 2001, issue of the Texas Register .

Division 3. Seasons and Bag Limits--Fishing Provisions

§65.71. Reservoir Boundaries.

§65.72. Fish.

§65.78. Crabs and Ghost Shrimp.

§65.82. Other Aquatic Life.

§65.91. Penalty for Violation.

NOTE: Rule action affecting §65.72 and §65.78 appears in the July 20, 2001, issue of the Texas Register .

Subchapter C. Permits for Trapping, Transporting, and Transplanting Game Animals and Game Birds

§65.101. Definitions.

§65.103. Trap, Transport, and Transplant Permit.

§65.105. Urban White-Tailed Deer Removal Permit.

§65.107. Permit Applications and Fees.

§65.109. Issuance of Permit.

§65.111. Permit Conditions and Period of Validity.

§65.113. Marking of Game Animals and Game Birds.

§65.115. Notification, Recordkeeping, and Reporting Requirements.

§65.116. Nuisance Squirrels.

§65.117. Prohibited Acts.

§65.119. Penalties.

Subchapter D. Deer Management Permit

§65.131. Deer Management Permit (DMP).

§65.132. Permit Application and Fees.

§65.133. General Provisions.

§65.134. Facility Standards.

§65.135. Detention and Marking of Deer.

§65.136. Release.

§65.137. Disposition of Mortalities.

§65.138. Violations and Penalties.

Subchapter G. Threatened and Endangered Nongame Species

§65.171. General Provisions.

§65.172. Exceptions.

§65.173. Special Provisions.

§65.174. Permanent Identification.

§65.175. Threatened Species.

§65.176. Violations and Penalties.

Subchapter H. Public Lands Proclamation

§65.190. Application.

§65.191. Definitions.

§65.192. Powers of the Executive Director.

§65.193. Access Permit Required and Fees.

§65.194. Competitive Hunting Dog Event (Field Trial) Permits and Fees.

§65.195. Permit Revocation.

§65.196. Refund of Permit Fees.

§65.197. Reinstatement of Preference Points.

§65.198. Entry, Registration and Checkout.

§65.199. General Rules of Conduct.

§65.200. Construction of Blinds.

§65.201. Motor Vehicles.

§65.202. Minors Hunting on Public Hunting Lands.

§65.203. Hunter Safety.

§65.208. Penalties.

Subchapter J. Bobcat Proclamation

§65.251. Definitions.

§65.252. Bobcat Season.

§65.253. General Provisions.

§65.254. Bobcat Tags.

§65.255. Bobcat Dealer Permits.

§65.256. Penalties.

Subchapter K. Raptor Proclamation

§65.261. Applicability.

§65.262. Definitions.

§65.263. General Provisions.

§65.264. Applications and Permits.

§65.265. Permit Classes: Restrictions.

§65.266. General Facility Standards.

§65.267. Reports.

§65.269. Trapping Seasons and Collecting Area.

§65.270. Marking.

§65.271. Transfers and Sale.

§65.272. Change of Address.

§65.273. Temporary Relocation Out of State.

§65.274. Permanent Relocation to Texas.

§65.275. Special Provisions.

§65.276. Open Seasons and Bag Limits.

§65.277. Violations and Penalties.

Subchapter N. Migratory Game Bird Proclamation

§65.309. Definitions.

§65.310. Means, Methods, and Special Requirements.

§65.311. Importation of Migratory Game Birds.

§65.312. Possession of Migratory Game Birds.

§65.313. General Rules.

§65.314. Zones and Boundaries for Early Season Species.

§65.315. Open Seasons and Bag and Possession Limits--Early Season.

§65.317. Zones and Boundaries for Late Season Species.

§65.318. Open Seasons and Bag and Possession Limits--Late Season.

§65.319. Extended Falconry Season--Early Season Species.

§65.320. Extended Falconry Season--Late Season Species.

§65.321. Special Management Provisions.

§65.322. Penalties.

Subchapter O. Commercial Nongame Permits

§65.325. Applicability.

§65.326. Definitions.

§65.327. Permit Required.

§65.329. Permit Application.

§65.330. Record and Reporting Requirements.

§65.331. Affected Species.

§65.332. Violations and Penalties.

Subchapter P. Alligator Proclamation

§65.351. Application.

§65.352. Definitions.

§65.353. General Provisions.

§65.354. Hunting.

§65.355. Open Seasons and Bag Limit.

§65.356. Means and Methods.

§65.357. Sale of Alligators.

§65.358. Alligator Egg Collectors.

§65.359. Possession.

§65.360. Report Requirements.

§65.361. Alligator Farm Facility Requirements.

§65.362. Importation and Exportation.

§65.363. Alligator Control.

§65.364. Exceptions.

§65.365. Violations and Penalties.

Subchapter Q. Statewide Fur-bearing Animal Proclamation

§65.371. Application.

§65.372. Definitions.

§65.375. Open Seasons; Means and Methods.

§65.376. Possession of Live Fur-bearing Animals.

§65.377. Sale or Purchase of Fur-bearing Animals or Their Pelts.

§65.378. Importation and Release of Fur-bearing Animals or Their Pelts.

§65.379. Reporting Requirements.

§65.380. Penalty.

Subchapter T. Scientific Breeder Permit

§65.601. Definitions.

§65.602. Permit Requirement and Permit Privileges.

§65.603. Application and Permit Issuance.

§65.605. Holding Facility Standards and Care of Deer.

§65.607. Marking of Deer.

§65.608. Annual Reports and Records.

§65.609. Purchase of Deer and Purchase Permit.

§65.610. Transport of Deer and Transport Permit.

§65.611. Prohibited Acts.

§65.612. Disposition of Deer.

§65.613. Penalties.

Subchapter V. Wildlife Management Association Area Hunting Lease License

§65.801. Definitions.

This review is pursuant to the Texas Government Code, §2001.039, and the General Appropriations Act of 1997, Article IX, §167, 75th Legislature, Regular Session.

TRD-200104021

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Filed: July 12, 2001