Texas Register, Volume 12, Number 70, Pages 3237-3293, September 18, 1987 Page: 3,269
3237-3293 p. ; 28 cm.View a full description of this periodical.
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States Fish and Wildlife Service. The
amendment to 65.335 is adopted without
changes and will not be republished.
Fluctuations in migratory game bird
populations and the need to provide bet-
ter hunting opportunities for most sports-
men require the commission to adopt re-
gulation changes for the current hunting
seasons. The amendments allow the tak-
ing of late season migratory game bird
wildlife resources consistent with their
populations.
The department recieved a total of six let-
ters and nine telephone calls concerning
the adoption of the amendments. Most
comments favored later season selec-
tions. No person spoke for or against the
amendments at the public hearing.
The amendments are adopted under the
Texas Parks and Wildlife Code, Chapter
64, Subchapter C, which provides the
commission with the authority to regulate
seasons, means, methods, and devices
for taking and possessing migratory
game bird wildlife resources.
65.333. Open Seasons.
(a) (No change.)
(b) The season is closed on migratory
game birds on public roads and highways,
or rights-of-way of public roads and high-
ways; the state-owned riverbeds in Dimmit,
Uvalde, and Zalvala Counties, including, but
not limited to, the Nueces and Frio Rivers;
and state wildlife preserves and sanctuaries,
unless an open season is otherwise provided.
The open seasons for the taking of migratory
game birds on any federal wildlife refuge
shall be in accordance with the special hunt-
ing regulations duly adopted and published
by the United States Fish and Wildlife Ser-
vice.
(1) Ducks and coots.
(A) High Plains Mallard Man-
agement Unit: October 31- November 8,
1987, and November 21, 1987-January 17,
1988, from 2 hour before sunrise to sunset
in that portion of Texas lying west of a line
from the international toll bridge at Del Rio,
thence northward following U.S. Highway
277 through San Angelo to Abilene, thence
along State Highway 351 from Abilene to
Albany and U.S. Highway 283 from Albany
to Vernon, thence easterly along U.S. High-
way 183 to the point of intersection with the
Texas-Oklahoma state line in Wilbarger
County.
(B) Remainder of the state: Oc-
tober 31-November 4, 1987, November
21-29, 1987, and December 12, 1987-January
17, 1988, from z hour before sunrise to
sunset.
(C) (No change.)
(2) Geese.
(A) West of U.S. Highway 81:
October 17, 1987-January 17, 1988.
(B) East of U.S. Highway 81:
Light goose species (snow, blue, and Ross'),
October 31, 1987-January 24, 1988. Dark
goose species (Canada, black-brant, and
white-fronted) October 31-December 4,1987, and December 12, 1987-January 17,
1988.
(C)-(D) (No change.)
(3) Sandhill cranes.
(A) (No change.)
(B) Zone B: fourth Saturday in
November for 72 consecutive days from '/
hour before sunrise to sunset in that portion
of Texas lying west of a line from San
Angelo along U.S. Highway 277 to Abilene,
thence along State Highway 351 from
Abilene to Albany and U.S. Highway 283
from Albany to Vernon, thence easterly
along U.S. Highway 183 to the point of in-
tersection with the Texas-Oklahoma state
line in Wilbarger County, and east of a line
from San Angelo along U.S. Highway 87 ex-
cluding all of Howard and Lynn Counties,
to the junction of Highway 87 and Highway
287 at Dumas, Moore County, and thence
along U.S. Highway 287 from Dumas to the
point of intersection with the Texas-
Oklahoma state line in Dallas County.
(C)-(D) (No change.)
(4) Common snipe or Wilson's
snipe or jacksnipe. October 31 for 107 con-
secutive days from /2 hour before sunrise
to sunset.
(5) Woodcock. Third Saturday in
November for 65 consecutive days from '/
hour before sunrise to sunset.
This agency hereby certifies that the rule
as adopted has been reviewed by legal
counsel and found to be a valid exercise
of the agency's legal authority.
Issued in Austin, Texas, on September 11, 1987.
TRD-8707808 Boyd M. Johnson
General Counsel
Texas Parks and Wildlife
Department
Effective date: October 2, 1987
Proposal publication date: June 9, 1987
For further information, please call
(512) 389-4979.ip 4
Part III. Texas Air Control
Board
Chapter 113. Control of Air
Pollution from Toxic
Materials
Subchapter B. Lead from
Stationary Sources
Nonferrous Smelters in El Paso
County
*31 TAC 113.71
The Texas Air Control Board (TACB)
adopts an amendment to 113.71, without
changes to the proposed text published
in the June 5, 1987, issue of the Texas
Register (12 TexReg 1811).
The amendment revises five of the lead
emission limits contained in the table in
113.71(1). The emission limits are revisedbecause stack tests conducted at the
ASARCO, Incorporated (ASARCO) plant
site have indicated that emissions can be
maintained at a lower level than what is
currently required.
The Administrative Procedure and Texas
Register Act, Texas Civil Statutes, Article
6252-13a, 5(c)(1), requires categorization
of comments as being for or against a
proposal. A commenter who suggested
any changes in the proposal is catego-
rized as against the proposal, while a
commenter who agreed with the proposal
in its entirety is categorized as being for
the proposal.
Five commenters testified regarding
adoption of the amendment. Those com-
menting in favor of the proposal were the
Environmental Protection Agency; El Paso
City-County Health Unit; Brown, Maroney,
Rose, Barber and Dye; and ASARCO. One
commenter, Brandt Mannchen, com-
mented against the proposal.
A complete summary of comments and
discussion of issues follows. Copies of
the written testimony and of the hearing
transcript are available for inspection at
the TACB offices, 6330 U.S. Highway 290
East, Austin, Texas 78723.
Brandt Mannchen expressed a variety of
concerns with the proposal. Citing an ar-
ticle from the Washington Post, he argued
that because of new findings relating to
toxicity and distribution of lead, emis-
sions should be reduced to the maximum
possible. The NAAQS for lead of 1.5
micrograms per cubic meter of ambient
air, averaged over a calendar quarter, is
a health-based standard. Such standards
are established conservatively to provide
a margin of safety for the most sensitive
element of the population. The maximum
level predicted by modeling is 0.873
micrograms per cubic meter, which is well
below the national standard. Furthermore,
based on testing with fluorescent dusts,
the proposed emission limits are believed
to represent the best possible perfor-
mance level for each piece of control
equipment.
Mannchen was also concerned that there
was no explanation of how the TACB will
ensure that emission levels are met and
that the company will operate and main-
tain pollution control equipment proper-
ly. The TACB has the authority to require
sampling at any time to determine the
opacity, rate, composition, andlor concen-
tration of emissions pursuant to 101.8,
concerning sampling. If an emission limit
is exceeded, a notice of violation will be
issued, and the company will be subject
to an injunction, penalties, or other ap-
propriate enforcement action. Further-
more, an extensive network of ambient
monitors for lead are maintained in the
vicinity of the smelters. These monitors
serve to verify modeling results and en-
sure that the NAAQS are maintained.
Nonferrous smelters in El Paso CountySeptember 18, 1987 12 TexReg 3269
AP Adopted Rules
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Texas. Secretary of State. Texas Register, Volume 12, Number 70, Pages 3237-3293, September 18, 1987, periodical, September 18, 1987; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243914/m1/33/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.