Part I.
Railroad Commission of Texas
Chapter 15.
Alternative Fuels Research and Education Division
Subchapter B. Propane Consumer Rebate Program
16 TAC §15.130, §15.145
The Railroad Commission of Texas proposes amendments to §15.130
and §15.145, relating to the Alternative Fuels Research and Education
Division's Propane Consumer Rebate Program. The commission proposes this action:
(1) to increase the available options for verifying compliance with the rules
of the program, and (2) to increase the number of verifications performed
without increasing the overall cost of verification. This increased verification
activity is justified by the doubling of funding for the consumer rebate program
to more than $1 million a year under Texas Natural Resources Code §113.2435(c)(5)
and §113.246(b) as amended by Senate Bill 925, 75th Legislature, effective
September 1, 1997, and implements the recommendations of the commission's
internal auditor.
Amended paragraph (5) in §15.130 and new subsection (b) in §15.145
add surveys and questionnaires conducted by telephone, mail or electronic
media to the options available for verifying rebate applicants' and participating
propane dealers' compliance with commission rules governing operation of the
rebate program. In re-lettered §15.145(c), deleting "inspected and" clarifies
that the commission will not pay rebates for installations that are found
to be out of compliance by any means of verification, including but not limited
to an on-site inspection. In re- lettered §15.145(d), deleting "inspected
by the commission after payment of a rebate and" after "If an installation
is" and adding "after payment of a rebate" after "found not to be in compliance"
clarifies that the requirements of this section apply to installations that
are found to be out of compliance by any means of verification, including
but not limited to an on-site inspection.
Dan Kelly, Director, Alternative Fuels Research and Education Division,
has determined that there will be no additional cost to state government for
each of the first five years that the amended sections are in effect. The
cost of commission employees' time spent in preparation, administration and
enforcement of the telephone, mail and electronic verification system will
be offset by reductions in the amount of time and the amount of travel funds
spent by the division's six regional field staff in preparing, administering
and conducting on-site inspections of installations.
Mr. Kelly has determined that there will be no fiscal implications for
local governments as a result of enforcing or administering the sections as
amended. Mr. Kelly has also determined that there will be fiscal implications
for certain small businesses that choose to participate in the voluntary consumer
rebate program. Certain participating propane dealers will be required to
review additional records relating to applications they have helped process
or to installations for which they have conducted the required safety inspection.
The extent to which the cost of performing these services will be offset by
increased propane sales and individual businesses' cost-recovery practices
will vary from company to company and cannot be determined in advance.
Mr. Kelly has also determined that for each year the sections as amended
are in effect, the public benefit anticipated as a result will be increased
compliance with commission rules relating to the propane consumer rebate program.
There will be no anticipated economic cost to persons who would be required
to comply with the sections as amended, since participation in the propane
consumer rebate program is voluntary.
Comments on the proposed amendments may be submitted to Dan Kelly, Director,
Alternative Fuels Research and Education Division, Railroad Commission of
Texas, P. O. Box 12967, Austin, Texas 78711-2967. Comments will be accepted
for 30 days after publication in the
Texas Register
.
The amendments are proposed under Texas Natural Resources Code,
§§113.2434(a) and 113.2435(b), which authorize the commission to
adopt rules relating to the establishment of consumer rebate programs for
purchasers of appliances and equipment fueled by LPG or other environmentally
beneficial fuels for the purpose of achieving energy conservation and efficiency
and improving air quality in this state. Texas Natural Resources Code, §113.243(c)(6),
authorizes the commission to use money in the Alternative Fuels Research and
Education Fund to pay the direct and indirect costs of such programs.
Texas Natural Resources Code, §§113.2435, 113.243(c)(6); 113.248,
113.249, and 113.250, are affected by the proposed amendments.
Issued in Austin, Texas on April 27, 1999.
§15.130. Conditions of Receipt of Rebate.
The application forms prescribed by the commission shall include conditions
that the consumer agrees:
(1)
to practice environmentally sound operating principles;
(2)
not to modify the equipment for a period of five
years from the date of installation in any way that would materially impair
the equipment's performance with respect to energy conservation, energy efficiency
or air quality;
(3)
not to remove the equipment from this state; [
(4)
not to remove eligible equipment permanently from
service for a period of five years from the date of installation; and
(5)
either
to allow commission inspection
of the installation
or to respond completely and accurately to a commission
verification survey or questionnaire, or both,
pursuant to §15.145
of this title (relating to Verification; Safety; Disallowance; Refund).
§15.145. Verification; Safety; Disallowance; Refund.
(a)
Upon reasonable notice and at any reasonable time, an
inspector, employee or agent of the commission may enter premises where an
eligible installation has taken place, to verify compliance with the requirements
of the rebate program and/or commission LP-gas safety rules. The commission
may perform such inspection prior to approving payment of a rebate.
(b)
Either in addition to or instead
of verifying compliance by inspection of premises where an eligible installation
has taken place, the commission may verify compliance by surveys or questionnaires
conducted by telephone, mail or electronic media. The commission may direct
the surveys or questionnaires for any particular eligible installation to
the propane dealer, the consumer or both.
(c)
[
(d)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
April 27, 1999.
TRD-9902489
Mary Ross McDonald
Deputy General Counsel, Office of the General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: June 13, 1999
For further information, please call: (512) 463-7008
Chapter 65.
Boiler Division
16 TAC §§65.10, 65.20, 65.50, 65.60, 65.65, 65.100
As part of the rule review specified by the General Appropriations
Act, HB1, 75th Legislature, Regular Session, 1997, the Texas Department of
Licensing and Regulation proposes amendments to §§65.10, 65.20,
65.50, 65.60, 65.65 and 65.100 concerning boilers.
The proposed amendments number definitions as required by the Texas Register
and revise existing language for clean-up and clarity.
The justification for these changes is that the rules were reviewed as
required by Rider 167 to ensure that the language was clear and that reasons
exist for the continued existence of all rules.
George Bynog, Chief Inspector, Technical Standards-Boiler, has determined
that for the first five-year period these sections are in effect, there will
be no fiscal implications.
Mr. Bynog has also determined that for each year of the first five years
the sections are in effect, the public benefit will be rules that are more
readable and easier to understand.
There is no anticipated economic effect on small businesses and persons
as required to comply with the sections as proposed.
Comments on the proposal may be submitted to Theda Lambert, General Counsel/Director,
Legal Services, Texas Department of Licensing and Regulation, P.O. Box 12157,
Austin, Texas 78711, facsimile (512) 475-2872, or by e-mail: theda.lambert@license.state.tx.us.
The deadline for comments is thirty days after publication in the
Texas Register
.
The amendments are proposed under Texas Health and Safety Code
Annotated, Chapter 755 (Vernon 1997) which gives the Department the authority
to promulgate and enforce a code of rules and take all action necessary to
assure compliance with the intent and purpose of the Code.
The code and article affected by this proposal is Texas Health and Safety
Code Annotated, Chapter 755 (Vernon 1997) and Texas Revised Civil Statutes
Annotated, article 9100 (Vernon 1991).
§65.10.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Alteration - A substantial change in an original
design.
(2)
Approved - Approved by the commissioner.
(3)
ASME Code - The American Society of Mechanical
Engineers Boiler and Pressure Vessel Code with addenda, code cases, and interpretations
adopted by the council of the society.
(4)
Authorized inspector - An inspector employed
by an inspection agency holding a commission issued by the commissioner.
(5)
Board - The board of boiler rules.
(6)
Boiler - Any heating boiler, nuclear boiler,
power boiler, or unfired steam boiler.
(7)
Certificate inspection - A boiler inspection,
the report of which is used by the chief inspector to decide whether to issue
a certificate of operation.
(8)
Certificate of operation - A certificate
issued by the commissioner to allow the operation of a boiler.
(9)
Chief inspector - The inspector appointed
in accordance with the Health and Safety Code, Section 755.023.
(10)
Code - ASME Code.
(11)
Commissioner - The commissioner of Licensing
and Regulation.
(12)
Condemned boiler - A boiler inspected
and declared unfit for further service by the chief inspector, the deputy
inspector, or the commissioner.
(13)
Department - Texas Department of Licensing
and Regulation.
(14)
Deputy inspector - An inspector appointed
by the commissioner.
(15)
Electric boiler - A boiler in which the
source of heat is electricity.
(16)
Existing installation - Any boiler constructed,
installed, placed in operation, or contracted for before June 3, 1937.
(17)
External inspection - An inspection of
the exterior of a boiler and its appurtenances that is made, if possible,
while the boiler is in operation.
(18)
Heating boiler - A steam heating boiler,
hot water heating boiler, hot water supply boiler, or lined potable water
heater, that is directly fired with oil, gas, solar energy, electricity, coal,
or other solid or liquid fuels.
(19)
High-temperature water boiler - A water
boiler designed for operation at pressures exceeding 160 psig or temperatures
exceeding 250 degrees Fahrenheit.
(20)
Hot water heating boiler - A boiler designed
for operation at a pressure not exceeding 160 psig or temperatures not exceeding
250 degrees Fahrenheit at or near the boiler outlet.
(21)
Hot water supply boiler - A boiler designed
for operation at pressures not exceeding 160 psig or temperatures not exceeding
250 degrees Fahrenheit at or near the boiler outlet if the boilers: heat input
exceeds 200,000 Btu/hour; water temperatures exceed 210 degrees Fahrenheit;
or nominal water-containing capacity exceeds 120 gallons.
(22)
Inspection agency - An authorized inspection
agency providing inspection services.
(23)
Inspector - The chief inspector, a deputy
inspector, or an authorized inspector.
(24)
Installer - Any person, firm, or corporation
who installs boilers and appurtenances within the state.
(25)
Internal inspection - A complete and
thorough inspection of the interior of a boiler as construction allows.
(26)
Lined potable water heater - See potable
water heater.
(27)
National Board - The National Board of
Boiler and Pressure Vessel Inspectors.
(28)
National Board Inspection Code - The
manual for boiler and pressure vessel inspectors published by the National
Board.
(29)
New installations - A boiler constructed,
installed, or placed in operation after June 3, 1937.
(30)
Nonstandard boiler - A boiler that does
not qualify as a standard boiler.
(31)
Nuclear boiler - A nuclear power plant
system, including its pressure vessels, piping systems, pumps, valves, and
storage tanks, that produces and controls an output of thermal energy from
nuclear fuel and the associated systems essential to the function of the power
system.
(32)
Owner or operator - Any person, firm,
or corporation owning or operating boilers within the State of Texas.
[Portable boiler
- A boiler which is
primarily intended for use in a temporary location.]
(33)
Portable power boiler - A boiler primarily
intended for use at a temporary location.
(34)
Potable water heater - A boiler for operation
at pressures not exceeding 160 psig and water temperatures not in excess of
210 degrees Fahrenheit when any of the following limitations is exceeded:
heat input of 200,000 Btu/hour; nominal water-containing capacity of 120 gallons.
(35)
Power boiler - A high-temperature water
boiler or a boiler in which steam is generated at a pressure exceeding 15
pounds per square inch gage.
(36)
Preliminary order - A written order issued
by the chief inspector or any deputy inspector to require repairs or alterations
to render a boiler safe for use or to require that operation of the boiler
be discontinued.
(37)
Reinstalled boiler - A boiler removed
from its original setting and reinstalled at the same location or at a new
location without change of ownership.
(38)
Repair - The work necessary to return
a boiler to a safe and satisfactory operating condition without changing the
original design.
(39)
Rules - The rules promulgated and enforced
by the commissioner in accordance with the Health and Safety Code, Section
755.032.
(40)
Safety appliance - Safety devices such
as safety valves or safety relief valves (within the jurisdictional limits
of the boiler as prescribed by the commissioner) provided for the purpose
of diminishing the danger of accidents.
(41)
Secondhand boiler - A boiler of which
both the location and ownership have changed.
(42)
Special inspection - An inspection by
the chief inspector or deputy inspector other than those in the Health and
Safety Code, Sections 755.025, 755.026, and 755.027.
(43)
Standard boiler - A boiler which bears
a Texas stamp, the ASME stamp, or the stamp of any jurisdiction which has
adopted a standard of construction equivalent to that required by the commissioner.
(44)
Steam heating boiler - A boiler designed
for operation at pressures not exceeding 15 psig.
(45)
Unfired steam boiler - A steam generating
system that includes: evaporators; heat exchangers; or vessels in which steam
is generated by using the heat that results from the operation of a processing
system that contains a number of pressure vessels, as used in the manufacture
of chemical and petroleum products.
§65.20.Licensing/Certification/Registration Requirements.
(a)-(b)
(No change.)
(c)
Registration.
(1)-(2)
(No change.)
(3)
Authority to install boilers and appurtenances. Only
persons, firms, or corporations registered as installers with the department
are authorized to install boilers and appurtenances provided the following
requirements are met.
(A)
Except as provided by the Texas Boiler Law, Section 755.022,
each boiler installed in this state shall be in accordance with the Texas
Boiler Law and Rules.
(B)
Request for registration will be submitted to the chief
[
(C)
If authorization is granted to install boilers and appurtenances,
a certificate of registration will be issued, and it will expire on the triennial
anniversary date. The certificate shall indicate authority and scope to install
boilers. The certificate shall be signed by the commissioner and chief [
(D)
Renewal notification will be forwarded to the installer
by the department in sufficient time to accomplish the renewal process prior
to the expiration date of the certificate.
(4)
(No change.)
(d)
(No change.)
(e)
Extension of interval between internal inspections.
(1)
For the interval between internal inspection to be extended
as provided for in the Health and Safety Code, Section 755.026, the following
procedure must be followed:
(A)
Not less than 30 days prior to the expiration date of the
current certificate, the owner or operator shall submit to the commissioner,
a separate request for each boiler, stating the desired length of extension,
the date of the last internal inspection, and a statement certifying that
records are available showing compliance with the Health and Safety Code,
Section
755.026
[
(B)
Upon receipt of the owner's or operator's request and statement
that records have been kept as required by the Health and Safety Code, Section
755.026, the commissioner shall confirm the records and ensure the extension
period is not exceeded. The commissioner shall then notify the owner or operator
and the inspection agency having jurisdiction of the maximum extension period
that may be approved;
(C)
The inspection agency shall then review all records, make
an external inspection, and submit to the commissioner, along with the external
inspection report, a statement confirming compliance with the Health and Safety
Code, Section 755.026 and the recommended extension period, not to exceed
the approved maximum;
(D)
Upon completion of subparagraphs (A)-(C) of this paragraph,
a new certificate of operation may be issued for the extended period of operation,
provided all fees have been paid.
(2)
(No change.)
(f)-(g)
(No change.)
(h)
Authority to set and seal safety appliances. All safety
and safety relief valves for ASME Sections I, IV, and VIII Division 1 boilers
must be repaired, tested, set, and sealed by one of the following, provided
the scope of the issued certificate of authorization covers the work to be
performed:
(1)-(2)
(No change.)
(3)
an organization holding a valid owner/operator certificate
of authorization issued by the department. Such authorization may be granted
or withheld by the commissioner.
(A)-(I)
(No change.)
(J)
In general, the quality control system shall describe and
explain what documents and procedures the owner/operator will use to validate
a valve repair. Before issuance or renewal of the owner/operator certificate
of authorization, the applicant must meet all requirements, including an acceptable
written quality control system. The basic elements of a written quality control
system shall be those described in Exhibit 1 (herein adopted by reference
and which exhibit may be secured from the Texas Department of Licensing and
Regulation, Technical Standards-Boiler, 920 Colorado Street, Austin, Texas
78701, or mailing address P.O. Box 12157, Austin, Texas 78711).
(i)
The written quality control system shall also include provisions
for making revisions, [
(ii)
A review of the applicant's quality control system will
be performed by an inspector. The review will include a demonstration of the
implementation of the applicant's quality control system.
(iii)
Each applicant to whom a certificate of authorization
is issued shall maintain thereafter a controlled copy of the accepted quality
control manual with the inspector. Except for changes which do not affect
the quality control program, revisions to the quality control manual shall
not be implemented until such revisions are acceptable to the inspector.
(K)-(M)
(No change.)
(i)
(No change.)
§65.50.Reporting Requirements.
(a)-(c)
(No change.)
(d)
Any person, firm, or corporation performing a boiler installation
in the state will certify compliance with the Texas Boiler Law and Rules by
filing a boiler installation report and manufacturer's data report on new
boilers, (and when available, on second hand boilers) with the chief [
(e)-(h)
(No change.)
§65.60.Responsibilities of the Department.
(a)
(No change.)
(b)
Commissions.
(1)
(No change.)
(2)
Authorized inspector.
(A)-(C)
(No change.)
(D)
In lieu of the examination provided for in §65.20(g)
of this title (relating to Licensing/Certification/Registration Requirements),
a commission may be issued to an inspector
holding a certificate of competency
as an inspector
of boilers and pressure vessels for a jurisdiction that
has a standard written examination substantially equal to that of the State
of Texas.
(E)
Written requests for new issuances, renewals, or reinstatements
will specify if the scope of work to be performed will be ASME code inspections
only, inservice inspections only, or both.
(F)
When a request is for new issuance or reinstatement as
described in §65.20(g)(2)(A)(i) and (ii) of this title (relating to Licensing/Certification/Registration
Requirements), the inspector will attend a mandatory indoctrination period
of one and one-half days prior to issuance of the commission.
(c)-(g)
(No Change.)
§65.65.Boiler Board.
(a)-(b)
(No change.)
(c)
Expenses reimbursed to board members shall be limited to
authorized expenses incurred while on board business and travelling
to and
from board meetings. The least expensive method of travel should
be used.
(d)
(No change.)
§65.100.Technical Requirements.
(a)
Ventilation.
(1)
The boiler room must have an adequate and uninterrupted
air supply to assure proper combustion
and
ventilation.
(2)-(5)
(No change.)
(b)-(g)
(No change.)
(h)
Nuclear boilers.
(1)
Nuclear boilers shall be inspected inservice by the owner
or operator in accordance with American Society of Mechanical Engineers (ASME)
Boiler and Pressure Vessel Code, Section XI.
(2)
The owner or operator shall engage the services of
an inspection agency, qualified in accordance with American National Standards
Institute/American Society of Mechanical Engineers (ANSI/ASME) N626.1, licensed
by the Texas State Board of Insurance, and authorized to provide inspection
services by the commissioner.
(3)
The chief inspector shall assign, after receipt of
the completed N-3 Owner's Data Report, a state serial number to the nuclear
boiler.
(A)
All N-5 data reports for piping systems and N-3 Owner's
Data Reports shall be filed with the chief inspector.
(B)
National Board registration described in §65.50(a)
of this title (relating to Reporting Requirements) or §65.20(c)(1)(D)
of this title (relating to Licensing/Certification/Registration Requirements)
is not required.
(4)
The certificate of operation will be issued after
receipt of the preservice inspection summary report and prior to commercial
service. The summary report shall include all activities required by ASME
code, Section XI, except for the results of examinations or test of items
obtainable only during power ascension testing. These items shall be filed
as an amendment to the summary report within 60 days of the completion of
the power ascension testing.
The
[
(5)-(11)
(No change.)
(i)-(m)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
April 27, 1999.
TRD-9902485
Rachelle A. Martin
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: June 13, 1999
For further information, please call: (512) 463-7348
and
]
(b)
] No rebate will be paid for
any installation [
inspected and
] found to be out of compliance.
If an installation found to be out of compliance is not brought into compliance
within 30 days, the rebate will be disallowed.
(c)
] If an installation is [
inspected by the commission after payment of a rebate and
] found not
to be in compliance
after payment of a rebate
, the consumer shall
have 30 days to bring the installation into compliance. If the installation
is not brought into compliance at the end of 30 days, the consumer shall refund
the full amount of the rebate to the commission.
Part IV.
Texas Department of Licensing and Regulation
boiler
] inspector on forms provided by the department. The department
shall process within 30 days of receipt provided the application is signed
by the individual or an authorized representative of the firm/corporation.
boiler
] inspector.
755.025
];
posting, and dating changes in parts,
] enabling
the system to be kept current as required.
boiler
] inspector within 30 days of completion. The appropriate form
will be provided by the chief [
boiler
] inspector upon request.
These
] items identified
to be submitted in the amendment shall be agreed upon by mutual consent as
provided for in paragraph (11) of this subsection prior to power ascension
testing and issuance of the certificate of operation.
Chapter 70.
Industrialized Housing and Buildings