Texas Register, Volume 5, Number 23, Pages 1105-1170, March 25, 1980 Page: 1,165
1105-1170 p. ; 28 cm.View a full description of this periodical.
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1165
April 23, 1980, 7 p.m.
Albert Pick Motor Inn Ballroom
3301 S.W. Freeway .
Houston ,.
April 23, 1980, 6 p.m.-8:45 p.m.
Arlington Public Library
101 East Abram
Arlington
April 24, 1980, 7 p.m.
Corpus Christi-Nueces County Health Department
1702 Horne Road
Corpus Christi
April 24, 1980, 7 p.m.
Brownsville City Hall
Market-Square
Brownsville
These hearings will be held concurrently with hearings on
proposed amendments to Regulations I, V, VI, general rules
and procedural rules. These SIP revisions which set forth a
control strategy for attainment of the national ambient air
quality standards in six additional areas in Texas are pro-
posed in response to the U.S. Environmental P- action
Agency (EPA) administrator's notice of proposed conditional
approval of the Texas SIP published in the Federal Register
on August 1, 1979. The areas addressed by this revision are
located in San Benito. Brownsville, Corpus Christi (two
areas), Dallas, and El Paso and were not included in earlier
revisions to the Texas SIP as submitted on April 13, 1979,
because at that time there was some question whether the
monitors in these areas were properly located according to
EPA criteria. As a result of further study and consultation
with EPA, it has been decided that the monitors were ade-
quately situated and that measurements made by them were
acceptable. The EPA August 1, 1979, Fderal Register notice
mentioned above referred to eight TSP nonattainment areas;
however, it has been determined that one of the areas located
in Dallas was originally classified as nonattainment on the
basis of old information. Measurements made in the area
since 1976 indicate no violation of any particulate standard.
Another of the eight areas in question is located in El Paso
and has been recommended by the TA('B for reclassification
to attainment as the result of re evaluation of data. IFor these
reasons, no strategy is needed or proposed for these two
areas.
Analyses of the sources contributing to nonattainment in
each of the six TSP nonattainment areas for which strategies
are required indicate that the major cause of violation of the
national ambient air quality standard (NAAQS) for TSP is
fugitive dust emissions from the use and maintenance of
roads, alleys, and parking lots, and from material handling
and construction activities. The control strategies rely pri-
marily on fugitive dust controls that are required in TSP non-
attainment areas. Calculations for each nonattainment area
show that judicious application of fugitive dust controls as
specified in Regulation I will provide for the attainment of
the primary NAAQS for TSP by D)ecember 31. 1982, and the
secondary NAAQS by December 31, 1987.
Public comments, both oral and written, on the proposed plan
are invited at the hearings. Written testimony submitted by
May 2, 1980, will be included in the hearing record. The
TACB would appreciate receiving 15 copies of all testimonyprior to the hearings, where possible. Copies of the plan are
available for review during normal business hours at the
TACB, 6330 Highway 290 East, Austin, Texas 78723, and all
regional offices of the Texas Air Control Board.
Issued in Austin. Texas. on March 14, 1980.Doc. No. 802119
Bill Stewart, P.E
Executive Director
Texas Air Control BoardFiled: March 19, 1980, 10:21 am.
For further information, please call (512) 451-5711, ext. 354.
Comptroller of Public Accounts
I Jministrative Decisions
Fo copies of the tfollon rig recent opinions selected and sum-
marized by the administrative law judges, contact the admin-
istrative law .udges. P.()I Box 13528. Austin. Texas 78711.
('Copies will be edited to c-nply with conftlentiality statutes.
Summary of Administrative Decision 10561
Summary of Decision: The state may constitutionally ac-
quire jurisdtctional nexus under Texas Taxation-General
Annotated, Article 12.(11 'Vernon 19691 to subject a foreign
corporation lto the franchise tax solely from the foreign cor-
poration s possession of a certificate of authority to transact
business in the state The franchise tax is assessed on the
privilege to do business ini this state. regardless of whether
the privilege is exercised or inot. Iurther, it is constitutional
under the contnerce cl;atuse to nwasiret- the unexercised pri-
vilege by destination sales into 'Texas per Article 12.02
I1 ) l ti1i
Summary of Administrative Decision 11068
Summary of Decision: A charge for the labor in cutting
and welding straight. stock length pipe into customized pipe
configurations, which are later transferred to the job site to
become part of an i ntraplant fluid transportation system, is
subject to the sales tax ais "fabrication" labor under Texas
Taxation--(General Annotated. Article 20.11 (KH2(at (Ver-
non 1969 . and is not exempt as remodeling" labor under
Article 201tI., o3gi Also. the transfer for a consideration
of tangible personal property, the fabricated pipe, from a
wholly owned subsidiary to its parent is not exempt under
Article 20.04 tV.
Issued in Austin, Texas. on March 19. 1980.Doc. No. 802116 &
80211 7Fred Conder
Chief Adminislralive Law Judge
Comptroller of Public AccountsFiled: March 19, 1980, 10:19 a.m.
For further information, please call (512) 475-1938.
Texas Department of Health
Correction of Error
Adopted Rule :301.83.12.001 of the Texas Department of
Health contained an error as published in the March 4, 1980,
issue of the T7'exas R 'gsier 5 TexReg 816).Volume' :, Numbe r 23, March 25. 1980
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Texas. Secretary of State. Texas Register, Volume 5, Number 23, Pages 1105-1170, March 25, 1980, periodical, March 25, 1980; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth244615/m1/61/: accessed May 14, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.