ISSUE OFAugust 2, 1991" Volume 16, Number 57, August 2, 1991 Pages 4193-4244 Proposed Sections Railroad Commission of Texas 4203-Surface Mining and Reclamation Division Texas Department of Mental Health and Mental Retardation 4203-Client (Patient) Care Texas Air Control Board 4207-General Rules 4207-Control of Air Pollution from Visible Emissions and Particulate Matter Texas Water Commission 4208-Applications Processing 4209-Consolidated Permits 4215-Underground Injection Control 4216-Industrial Solid Waste and Municipal Hazardous Waste Adopted Sections Animal Health Commission 4223-Brucellosis Texas Department of Licensing and Regulation 4223-Manufactured Housing Division Texas Department of Health 4224-Special Supplemental Food Program for Women, Infants, and Children (WIC) Texas Water Commission 4225-Underground Injection Control Texas Department of Human Services 4225-Intermediate Care Facility for Mentally Retarded 4225-Primary Home Care State Department of Highways and Public Transportation 4226-Bridge Division Open Meetings 4227-Child Care Development 4227-Texas Department of Criminal Justice, Board of Pardons and Paroles 4227-State Depository Board 4227-East Texas State University 4227-Advisory Commission on State Emergency Communications 4228-Texas Employment Commission 4228-Texas Department of Health 4229-Texas Housing Agency 4229-State Board of Insurance 4229-Texas Commission on Law Enforcement Officer Standards and Education 4229-Texas Department of Licensing and Regulation 4230-Midwestern State University 4230-State Pension Review Board 4230-Texas State Board of Pharmacy 4231-Public Utility Commission of Texas 4231-Railroad Commission of Texas 4232-Texas National Research Laboratory Commission 4232-Texas Savings and Loan Department 4232-School Land Board 4232-Texas State Technical Institute 4233-Texas Tech University 4233-Texas Tech University Health Sciences Center 4234-Texas Water Commission 4234-Texas Water Development Board 4234-Texas Workers' Compensation Commission 4235-Regional Meetings In Addition Texas Air Control Board 4237-Notice of Public Hearing Texas Committee on Purchases of Products and Services of Blind and Severely Disabled Persons 4237-List of Suitable Products Office of Consumer Credit Commissioner 4237-Notice of Rate Ceilings Texas Commission for the Deaf 4238-Consultant Proposal Request Texas Education Agency 4238-Request for Applications Texas Department of Health 4239-Application for Maternal and Child Health Block Grant 4239-Designation of Sites Serving Medically Underserved Populations 4240-Notice of Revocation of Certificates of Registration 4241-Notice of Revocation of Radioactive Material Licenses 4241-Notice of Proposed Radioactive Material License Amendment and Availability of Technical Evaluation of License Application 4242-Notice of Revocation of Radioactive Material Licenses Houston-Galveston Area Council 4242-Request For Proposal Texas Department of Human Services 4242-Public Notice of Closed Solicitation State Board of Insurance 4242-Notification Pursuant to the Texas Insurance Code, Chapter 5, Subchapter L North Central Texas Council of Governments 4243-Region 40-Radio Communications Plan: State Agency Frequencies (821-826 MHz Band) Texas State Board of Pharmacy 4243-Public Hearing Notice Public Utility Commission of Texas 4243-Notice of Petition For Waiver of Substantive Rules 23.11 and 23.12 The Texas A&M University System 4244-Public Notice CONTENTS CONTINUED INSIDE ISSUE OFAugust 2, 1991" TAC Titles Affected TAC Titles Affected-August The following is a list of the administrative rules that have been published this month. TITLE 4. AGRICULTURE Part II. Animal Health Commission 4 TAC sec.35.2--4223 TITLE 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas 16 TAC sec.11.201--4203 Part IV. Texas Department of Licensing and Regulation 16 TAC sec.69.208--4223 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health 25 TAC sec.31.1--4224 25 TAC sec.31.3--4224 Part II. Texas Department of Mental Health and Mental Retardation 25 TAC sec.sec.405.101-405.114--4203 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part III. Texas Air Control Board 31 TAC sec.101.1--4207 31 TAC sec.111.121, sec.111.127--4207 Part IX. Texas Water Commission 31 TAC sec.281.26--4208 31 TAC sec.305.49, sec.305.50--4210 31 TAC sec.sec.305.66--4213 31 TAC sec.sec.305.101-305.103, 305.107--4213 31 TAC sec.305.147, sec.305.148--4214 31 TAC sec.sec.331.63--4225 31 TAC sec.sec.331.121--4215 31 TAC sec.sec.331.147, 305.148--4214 31 TAC sec.sec.335.1, 335.2--4218 31 TAC sec.335.43--4219 31 TAC sec.sec.335.180-335.183--4219 31 TAC sec.sec.335.202, 335.204, 335.205--4220 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Humans Services 40 TAC sec.27.2801--4225 40 TAC sec.47.6901--4225 TITLE 43. TRANSPORTATION Part I. State Department of Highways and Public Transportation 43 TAC sec.7.72--4226 Proposed Sections Before an agency may permanently adopt a new or amended section, or repeal an existing section, a proposal detailing the action must be published in the Texas Register at least 30 days before any action may be taken. The 30-day time period gives interested persons an opportunity to review and make oral or written comments on the section. Also, in the case of substantive sections, a public hearing must be granted if requested by at least 25 persons, a governmental subdivision or agency, or an association having at least 25 members. Symbology in proposed amendments. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas Chapter 11. Surface Mining and Reclamation Division Subchapter C. Substantive Rules-Uranium Mining 16 TAC sec.11.201 The Railroad Commission of Texas proposes an amendment to sec.11.201, concerning uranium mining regulations pertaining to amount of bond. Ron Reeves, assistant director, Legal Division-Surface Mining, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Reeves, also has determined that for each year of the first five years the section as proposed is in effect the public benefit anticipated as a result of enforcing the section as proposed will be improved procedures and reduced costs involved in bond amount determinations for uranium mining operations. There will be no effect on small businesses because there are no small businesses operating as uranium mining permittees. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Ron Reeves, Assistant Director, Legal Division-Surface Mining, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967. The amendment is proposed under the Texas Natural Resources Code, sec.131.021, which provides the Railroad Commission of Texas with the authority to promulgate rules pertaining to uranium mining operations. sec.11.201. Amount of Bond.
    [(a)] The amount of the bond required for each bonded area shall depend on the reclamation requirements of the approved permit and shall be determined by the commission on the basis of [at least] two [independent] estimates, one of which may be submitted by the permit applicant and the other prepared by the commission
      [at the commission's direction by an independent registered professional engineer;] provided that only the commission's
        [one independent] estimate need be submitted if applicant waives his right to submit an estimate. The amount of the bond shall be determined by the commission and shall be sufficient to assure the completion of the reclamation plan if the work had to be performed by a third party in the event of forfeiture
          [provided, however, that in no event shall it exceed the highest independent estimate]. [(b) If however, the commission determines that such highest independent estimate is in its opinion ostensibly not sufficient to assure adequate performance of reclamation in the event of default, the commission may engage the services of one or more additional independent registered professional engineers to provide estimates pursuant to this section, and may accordingly set the amount of bond to conform to such later estimate or estimates.] This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on July 26, 1991. TRD-9108927 Martha V. Swanger Hearings Examiner Railroad Commission of Texas Earliest possible date of adoption: September 2, 1991 For further information, please call: (512) 463-6841 TITLE 25. HEALTH SERVICES Part II. Texas Department of Mental Health and Mental Retardation Chapter 405. Client (Patient) Care Subchapter E. Departmental Procedures for Therapeutic Utilization of Electroconvulsive Therapy (ECT) 25 TAC sec.sec.405.101-405.114 The Texas Department of Mental Health and Mental Retardation (TDMHMR) proposes the repeal of sec.sec.405.101-405.114 and new sec.sec.405.101-405.114, concerning electroconvulsive therapy (ECT). As part of TDMHMR's sunset review process for rules and related documents, draft amendments to Chapter 405, Subchapter E were circulated to chief executive officers and medical directors of TDMHMR facilities and community mental health and mental retardation centers in early January. Their comments were incorporated in a subsequent draft, which was more widely distributed to mental health services providers as well as advocacy organizations and other interested parties. The recommendations of these individuals and organizations are reflected in the proposed new sections, which primarily focus on major indications for ECT and medical evaluation required prior to a course of ECT. Throughout the sections, provisions have been updated to correspond with current practice, terminology, and technology, and reference is made to the current American Psychiatric Association guidelines governing ECT. It is clarified that the sections apply to entities with whom the department and community mental health and mental retardation centers contract for the provisions of the electronconvulsive therapy services. Leilani Rose, director, office of financial services, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. There is no anticipated local economic impact. Dr. William Reid, M.D. M.P.H., medical director, also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be the adoption of rules that update standards of clinical practice and safeguard the rights of persons receiving ECT in TDMHMR mental health facilities and community centers. There is no anticipated economic cost to persons who are required to comply with the sections as proposed. A public hearing to accept testimony concerning the proposal will be held at 1:30 on August 19, 1991, in the auditorium of the central office of TDMHMR, at 909 West 45th Street, Austin. Individuals requiring an interpreter for the hearing impaired should contact Linda Logan, Director, Policy Development, at least 72 hours prior to the hearing. Written comments on the proposal may be submitted to Linda Logan, director, Policy Development, Texas Department of Mental Health and Mental Retardation, P. O. Box 12668, Austin, Texas 78711-2668, within 30 days of publication. 25 TAC sec.sec.405.101-405.114 The repeals are proposed under Texas Civil Statutes, Article 5547-202, sec.2. 11, which provide the Texas Board of Mental Health and Mental Retardation with rulemaking powers. sec.405.101. Purpose. sec.405.102. Application. sec.405.103. Definitions. sec.405.104. General. sec.405.105. Indications and Contraindications for the Use of ECT. sec.405.106. Medical Evaluation Required Prior to ECT. sec.405.107. Consultation Required. sec.405.108. Limitations on Use of ECT: on Persons Under the Age of 16; on Number of ECTs Per Year; on Number of ECTs in a Series of Treatment. sec.405.109. Medical Procedures to be Followed in Administration of ECT. sec.405.110. Prohibition of Induction of Seizure by Chemical or Gaseous Agent. sec.405.111. Report of ECT. sec.405.112. Requirements for Consent to ECT. sec.405.113. ECT on Outpatient Basis. sec.405.114. Distribution. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on July 29, 1991. TRD-9108985 Ann K. Utley Chairman Texas Department of Mental Health and Mental Retardation Earliest possible date of adoption: September 2, 1991 For further information, please call: (512) 465-4516 Subchapter E. Electroconvulsive Therapy 25 TAC sec.sec.405.101-405.114 new sections are proposed under Texas Civil Statutes, Article 5547-202, sec.2.11, which provide the Texas Board of Mental Health and Mental Retardation with rulemaking powers. sec.405.101. Purpose.
            The purpose of this subchapter is: (1) to establish standards and criteria for the indications, contraindications, and appropriate limits for the therapeutic utilization of electroconvulsive therapy (ECT); (2) to establish medical evaluation procedures and consent requirements for ECT; (3) to establish current guidelines of the American Psychiatric Association as the reference of choice in questions of practice related to ECT; and (4) to prohibit the use of chemical or gaseous agents for convulsive therapy except as a research procedure. sec.403.102. Application.
              The provisions of this subchapter apply to all facilities of the Texas Department of Mental Health and Mental Retardation, to community mental health and mental retardation centers, and to other organizations and individuals with whom they contract for the provision of electroconvulsive therapy services. sec.403.103. Definitions.
                The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
                  Chemical or gaseous agents-Those substances which may be capable of inducing a seizure and including, but not limited to, pentylenetetrazol (Metrazol) and flurothyl (Indoklin).
                    Commissioner-The commissioner of the Texas Department of Mental Health and Mental Retardation.
                      Department-Texas Texas Department of Mental Health and Mental Retardation.
                        ECT-Electroconvulsive therapy.
                          Electroconvulsive therapy (ECT)-A form of somatic treatment for certain psychiatric illnesses, in which electrical current applied to the scalp results in a seizure, usually (because of anesthesia and muscle relaxants) without outward signs of a convulsion.
                            Executive director -The chief executive office of a community mental health and mental retardation center.
                              Fully qualified child psychiatrist-A physician, licensed to practice medicine in Texas, who has completed approved residency training in general psychiatry, and an approved fellowship program in child psychiatry.
                                Fully qualified psychiatrist-A physician, licensed to practice medicine in Texas, who has completed approved residency training in psychiatry.
                                  Informed consent -The knowing consent of an individual or his or her legally authorized representative, so situated as to be able to exercise free power of choice without undue inducement or any element of force, fraud, deceit, duress, or other form of constraint or coercion. The basic elements of information necessary to informed consent, as well as discussion of informed consent and ongoing counselling with the patient regarding his or her care, must be provided in simple, non-technical terms in the person's primary language. The elements of informed consent include: (A) a fair explanation of the procedures to be followed and their purposes, including identification of any procedures which are experimental; (B) a discussion of the nature, degree, duration, and probability of significant risks and/or side effects and/or adverse effects, including the probability of post-treatment confusion and the possibility of memory dysfunction; (C) a description of any benefits reasonably to be expected; (D) a disclosure of any appropriate alternative procedures that might be advantageous for the subject; (E) an offer to answer any inquiries concerning the procedures; and (F) an instruction that if the person is the consenting party, the person is free to withdraw his or her consent and to discontinue treatment or series of treatments at any time without prejudice to his or her care, including an instruction that consent is for a specified maximum number of treatments (not to exceed 15), and that additional treatments shall require renewed written informed consent.
                                    Medical specialist -A physician, licensed to practice medicine in Texas, who is generally recognized by virtue of training or professional certification as having expertise in a given area of medical practice.
                                      Nurse anesthetist -A nurse properly trained and credentialed to administer general anesthesia.
                                        Series of treatments -Usually six-15 treatments.
                                          Superintendent-The superintendent or the director of the facility.
                                            TDMHMR medical director-The department's medical director for professional services.
                                              Treatment-The administration of electroconvulsive therapy, unilaterally or bilaterally, with anesthesia, under appropriate clinical conditions for monitoring, safety, and efficacy. sec.405.104. General. (a) The decision to use electronconvulsive therapy (ECT) must be based on a careful assessment of diagnosis, symptomatology, degree of impairment, factors such as suicide risk or danger of exhaustion, and the patient's physical status. The patient's prior use of ECT and the nature of any therapeutic response or adverse reaction should also be considered. (b) Prior to receiving ECT, every patient, voluntary or involuntary, adult or minor, competent or incompetent, shall be given full explanation of ECT consistent with the specific items cited in sec.405. 103 of this title (relating to Definitions), and written informed consent, or documentation concerning why written informed consent was not obtained, must be entered in the patient's permanent record, as follows. (1) Informed consent by adult patients. No adult patient shall be given ECT unless: (A) written informed consent has been obtained from the patient; or (B) written informed consent has been obtained from the legal guardian of the person of the patient; or (C) the superintendent or executive director authorizes the use of ECT upon the advice and consent of three psychiatrists, at least one of whom must principally be engaged in the private practice of medicine, provided: (i)
                                                written informed consent cannot be obtained; and (ii)
                                                  alternative therapies have been demonstrated ineffective or are contraindicated. (2) Informed consent by minor patients. Consent of/for minor patients shall follow the current standards and guidelines of the Joint Commission on the Accreditation of Healthcare Organizations (JCAHO). No minor patient shall be given ECT unless: (A) written informed consent has been obtained from the patient and from the patient's parent, managing conservator, or the legal guardian of the person of the patient; or (B) the superintendent or executive director authorizes the use of ECT upon the advice and consent of three psychiatrists, at least one of whom must principally be engaged in the private practice of medicine, provided: (i)
                                                    written informed consent cannot be obtained; and (ii)
                                                      alternative therapies have been demonstrated ineffective or are contraindicated. (c) If any patient, without regard to competency, objects to ECT and there is an alternative method of treatment (that is not contraindicated and which has not been demonstrated ineffective) to which the patient does not object, the alternative method should be used. (d) It is not to be inferred, however, that ECT should be held as a treatment of "last resort." Rather, it is, at times, the treatment of choice. Full documentation of all factors considered in arriving at the decision to use ECT, the consent process, the treatment procedures, and patient response to treatment are to be entered into the patient's permanent medical record. (e) The use of ECT for punishment, solely for control of behavior, for convenience of staff, in order to make patients more compliant, and the use of ECT in a discriminatory or abusive manner are explicitly prohibited. sec.405.105. Indications and Contraindications for the Use of Electronconvulsive Therapy. (a) The major indications for the therapeutic use of electroncvulsive therapy (ECT) are major mood disorders. ECT may be considered for some other disorders, with appropriate consideration of the risk/benefit ratio. (b) The major contraindications to the therapeutic use of ECT are as follows: (1) absolute space-occupying intracranial pathology; (2) relative, requiring clinical consideration: (A) cardiovascular disease, including arrhythmias, myocardial disease, or coronary artery disease; (B) diseases which render a patient likely to suffer hemorrhage, including peptic ulcer, subdural hematoma, and aortic aneurysm; (C) degenerative diseases of the central nervous system; (D) glaucoma although it is recognized that intraocular pressure is not increased by ECT, and is, in fact, reduced during the seizure period, medications used adjunctively to the treatment may result in increased intraocular pressure. For patients with glaucoma, consideration should be given to pretreatment with physostigmine; (E) severe orthopedic disability. sec.405.106. Medical Evaluation Required Prior to a Course of Electroncomvulsive Therapy. (a) A thorough evaluation of the patient's psychiatric and physical status with review of pertinent laboratory findings shall be done within 30 days prior to the initiation of a course of electronconvulsive therapy (ECT) and shall be recorded in the patient's permanent medical record. Physical evaluation shall include a neurological examination. Other determinations shall include, but not be limited to, the following: (1) laboratory as appropriate to medical history and/or conditions, such as: (A) complete blood count; (B) electrolytes; and (C) serum pseudocholinesterase if there is no documentation of successful use of muscle relaxant medication with general anesthesia, and if there is no record of previous testing; (2) x-rays as appropriate to medical history and/or conditions; (3) electrocardiogram. (b) Abnormalities reported or found in the neurological or cardiac evaluation shall be evaluated by a medical specialist in the appropriate field, such evaluation to be incorporated in writing into the patient's permanent record prior to initiation of ECT. sec.405.107. Consultation Required. (a) Before initiating a course of electronvulsive therapy (ECT), it shall be the responsibility of the attending physician to obtain consultation from a fully qualified psychiatrist, licensed to practice medicine in Texas. (b) Such fully qualified psychiatrist may be a private practitioner or a staff member of a department facility but shall not have direct responsibility for the care or treatment of the patient. (c) The consultant shall render a written report regarding the appropriateness and probable benefits to be obtained by administration of ECT. That report will be incorporated into the patient's permanent medical record. sec.405.108. Limitations on Use of Electronconvulsive Therapy: For Persons under the Age of 16.
                                                        No patient under the age of 16 shall be administered electronconvulsive therapy without prior written approval of the TDMHMR medical director. In such cases, the TDMHMR medical director shall consider the recommendations of two independent, fully qualified child psychiatrists, at least one of whom is not affiliated with the department except in a consultative capacity. The report of such consultants shall become a permanent part of the patients' records. sec.405.109. Limitations on Use of Electronconvulsive Therapy (ECT): Number of ECTs Per Year and Number of ECTs in a Series of Treatments. (a) No more than 24 electroconvulsive (ECT) therapy treatments may be administered to a given patient in any 12-month period, dated from the date of the first treatment, without the written approval of the department's medical director, who shall consider the recommendations of an independent, fully qualified psychiatrist who is not affiliated with the department except in a consultative capacity; except that in the case of a patient under 16 years of age, two such consultations shall be required by independent and fully qualified child psychiatrists, at least one of whom is not affiliated with the department except in a consultative capacity. All reports of such consultations shall become a part of the patient's permanent record. (b) The number of ECTs to be given in any treatment series shall ordinarily be limited to 15. In those cases in which it is considered clinically advantageous to exceed these numbers of treatments in any given series, the attending physician shall obtain a second consultative opinion from a fully qualified psychiatrist who is not directly associated with the patient's care. sec.405.110. Medical Procedures to be Followed in Administration of Electronconvulsive Therapy. (a) Personnel. Electronvulsive therapy (ECT) may be administered only by a fully qualified psychiatrist trained and credentialed by the facility providing the treatment to use ECT, or by a physician in training in an approved residency program under the direct supervision of a fully qualified psychiatrist so trained and credentialed. In specific circumstances a licensed physician who is not a fully qualified psychiatrist but who has demonstrated training and experience in the administration of ECT may administer ECT providing authorization has been provided in writing to the superintendent by the medical director. Assistants shall include a recovery nurse and an ECT treatment nurse or assistant trained in ECT procedures. (b) Equipment. Equipment available in the ECT room shall receive a general inspection on a regular basis. Equipment shall include, but not be limited to, the following: (1) an ECT machine of contemporary model which shall be calibrated at least semiannually; (2) a respiratory support system including oxygen, endotracheal intubation tray, suction apparatus, and equipment for tracheotomy; (3) a cardiac arrest tray with appropriate drugs; (4) a cardiac monitor and defibrillator. (c) Recovery room. A recovery room containing emergency equipment and supplies shall be used, the patients to be therein until fully alert and all vital signs are stable. (d) Anesthesia. (1) General anesthesia shall be administered to all patients as a standard procedure during ECT. (2) Anesthesia shall be administered only by persons credentialed by the medical staff to do so, and who are: (A) medical specialists credentialed and privileged in anesthesiology; (B) nurse anesthetists (CRNA); or (C) physicians holding current registration or certification in advanced cardiac life support and with demonstrated training or experience in the use of general anesthetic agents with ECT. sec.405.111. Prohibition of Induction of Seizure by Chemical or Gaseous Agent.
                                                          No chemical or gaseous agent may be used as a means to induce a seizure for therapeutic purposes, in lieu of or as a substitute for ECT, unless such procedure is conducted as a research investigation and meets all the requirements of Subchapter Q of this chapter (relating to Departmental Procedures for the Protection of Human Subjects Involved in Research). sec.405.112. Report of Electronvulsive Therapy. (a) A report of each individual electronvulsive therapy (ECT) administered to a patient shall be entered into the patient's medical record and shall include, but not be limited, to the following: (1) date of treatment; (2) type of ECT machine used; (3) duration and strength of electrical stimulation; (4) all medications administered; and (5) any complications or adverse effects. (b) A report of all ECT treatments will be provided at the end of each month to the superintendent or executive director. The report shall include the following: (1) name, age, sex, and identification number of the patient; (2) diagnosis for which ECT given; (3) dates and number of treatments given; and (4) any complications or adverse effects. sec.405.113. Electronconvulsive Theraphy on Outpatient Basis.
                                                            If electronconvulsive therapy (ECT) is to be given to patients on an outpatient basis, it must be limited to maintenance therapy only, and the same rules and regulations that govern ECT with inpatients must be followed. sec.405.114. Distribution. (a) The provisions of this subchapter shall be distributed to members of the Texas Board of Mental Health and Mental Retardation, deputy commissioners, associate deputy commissioners, and assistant deputy commissioners; superintendents of all department facilities; and chairpersons of the boards of trustees and executive directors of community mental health and mental retardation centers. (b) The superintendent or executive director shall provide copies of this subchapter to: (1) clinical directors; (2) medical directors; (3) staff physicians; and (4) organizations or individuals contracting with the facility or community center to provide electroconvulsive therapy services. (c) The superintendent or director shall be responsible for the dissemination of the information contained in this subchapter to appropriate staff members. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on July 29, 1991. TRD-9108984 Ann K. Utley Chairman Texas Department of Mental Health and Mental Retardation Earliest possible date of adoption: September 2, 1991 For further information, please call: (512) 465-4516 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part III. Texas Air Control Board Chapter 101. General Rules 31 TAC sec.101.1 The Texas Air Control Board (TACB) proposes an amendment to sec.101.1, concerning definitions. One proposed amendment would modify the existing definition of "incinerator" to stipulate that any combustion device which burns more than 5.0% or more of solid waste on a total Btu heat input basis averaged over a one-hour period shall be considered an incinerator. The existing definition of industrial solid waste would be revised to delete the reference to hazardous waste and make the definition consistent with that of the Texas Water Commission. The TACB also proposes to add a definition of solid waste in order to aid in the consistentcy of enforcing existing rules relating to facilities which incinerate various types of solid waste. Bennie Engelke, director of administrative services, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Lane Hartsock, director of the planning and development program, has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be improved understanding and more consistent application of TACB regulations. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. A public hearing on this proposal is scheduled for 2 p.m. on August 27, 1991, in the auditorium of the TACB, located at 12124 Park 35 Circle, Austin. Copies of the proposals are available for inspection at the TACB central office and at all regional offices. Public comment, both oral and written, on the proposals is invited at the hearing. The TACB would appreciate receiving five copies of testimony prior to or at the hearing. Written testimony received by the Regulation Development Section at the TACB central office by 4 p.m. on August 29, 1991, will be included in the hearing record. For further information, contact Karen Kirkpatrick, (512) 908-1460. The amendment is proposed under the Texas Clean Air Act (TCAA), sec.382.017, Texas Health and Safety Code Annotated (Vernon 1990), which provides the TACB with the authority to adopt rules consistent with the policy and purposes of the TCAA. sec.101.1. Definitions.
                                                              Unless specifically defined in the Texas Clean Air Act (the Act) or in the rules of the board, the terms used by the board have the meanings commonly ascribed to them in the field of air pollution control. In addition to the terms which are defined by the Act, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
                                                                Incinerator-An enclosed combustion apparatus and appurtenances thereto which is used in the process of burning wastes for the primary purpose of reducing its volume and weight by removing the combustibles of the waste, and which is equipped with a flue for conducting products of combustion to the atmosphere. Any combustion device which burns 5.0% or more of solid waste on a total British thermal unit heat input basis averaged over any one-hour period shall be considered an incinerator.
                                                                  An open-trench type (with closed ends) combustion unit may be considered an incinerator when approved by the executive director.
                                                                    Industrial solid waste-Solid waste
                                                                      [waste] resulting from or incidental to a process of industry or manufacturing, or mining or agricultural operations [which may include hazardous waste].
                                                                        Solid waste-Garbage; rubbish; refuse; sludge from a waste treatment plant, water supply treatment plant, or air pollution control equipment; and other discarded material, including solid, liquid, semisolid, or containerized gaseous material resulting from industrial, municipal, commercial, mining, and agricultural operations and from community and institutional activities. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on July 24, 1991. TRD-9108852 Lane Hartsock Director, Planning and Development Program Texas Air Control Board Earliest possible date of adoption: September 2, 1991 For further information, please call: (512) 908-1770 Chapter 111. Control of Air Pollution from Visible Emissions and Particulate Matter Incineration 31 TAC sec.111.121, sec.111.127 The Texas Air Control Board (TACB) proposes to amend the undesignated head concerning incineration, including sec.111.121, concerning single-, dual-, and multiple-chamber incinerators, and sec.111.127, concerning monitoring and recordkeeping requirements. The proposed revision of sec.111.121 would specify that the requirements of the section do not apply to hazardous waste incinerators, which are controlled under other TACB and federal regulations. The requirements of this section, however, are intended to apply to municipal and industrial boilers. Commenters seeking a change in this requirement will need to provide verifiable data demonstrating why the change should be made, including documentation that air quality would not be adversely impacted. Also in sec.111.121, the TACB proposes to allow incinerators to operate at oxygen concentrations below what is currently required, provided they can continuously demonstrate compliance with existing carbon monoxide or total hydrocarbon standards. The proposed revision of sec.111.127 clarifies that compliance with the existing carbon monoxide or hydrocarbon standards can be demonstrated using a rolling hourly average. Bennie Engelke, director of administrative services, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. Lane Hartsock, director of the planning and development program, has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be a clarification of TACB rules, more consistent application of TACB and federal regulations, and added flexibility by which industrial sources can comply with the regulation without adversely affecting air quality. There will be no effect on small businesses. There is no anticipated economic cost to persons or industries which are required to comply with the sections as proposed. A public hearing on this proposal is scheduled for 2 p.m. on August 27, 1991, in the auditorium of the TACB located at 12124 Park 35 Circle, Austin. Copies of the proposed revisions are available from Karen Kirkpatrick at the central office of the TACB located at 12124 Park 35 Circle, Austin, Texas 78753, and at all TACB regional offices. Public comment, both oral and written, on the proposed revisions is invited at the hearing. The TACB would appreciate receiving five copies of testimony prior to or at the hearing. Written testimony received by the Regulation Development Section at the TACB central office by 4 p. m. on August 29, 1991, will be included in the hearing record. The amendments are proposed under the Texas Clean Air Act (TCAA), sec.382.017, Texas Health and Safety Code Annotated (Vernon 1990), which provides the TACB with the authority to adopt rules consistent with the policy and purposes of the TCAA. sec.111.121. Single-, Dual-, and Multiple-Chamber Incinerators.
                                                                          No person shall cause, suffer, allow, or permit the burning of domestic, municipal, commercial, or industrial solid waste as defined in sec.101.1 of this title (relating to Definitions) in a single-, dual-, or multiple-chamber incinerator unless the conditions listed in paragraphs (1)-(7) of this section
                                                                            [below] are met. For purposes
                                                                              [the purpose] of this section, the term "commercial waste" shall be defined as waste material generated from retail and wholesale establishments. The requirements of this section do not apply to hazardous waste incinerators. (1)-(3) (No change.) (4) Oxygen content shall be maintained at greater than 4.0% by volume of the emissions of the incinerator, measured at the exit of the incinerator, or at an alternate location approved by the executive director or a designated representative of TACB. Incinerators subject to the requirements of this section may operate at oxygen concentrations less than 4.0% by volume if compliance with paragraph (3) of this section can be continuously demonstrated at a lower oxygen concentration. (5)-(7) (No change.) sec.111.127. Monitoring and Recordkeeping Requirements. (a) Incinerators burning not more than 100 pounds per hour of medical waste as specified in sec.111.123 of this title (relating to Medical Waste Incinerators) shall install, calibrate, maintain, and operate a monitoring device that continuously measures and records the temperature of the exhaust gas of the incinerator. All incinerators burning more than 100 pounds per hour of waste as specified in sec.111.121 of this title (relating to Single-, Dual-, and Multiple-Chamber Incinerators) and sec.111.123 shall install, calibrate, maintain, and operate a monitoring device that continuously measures and records the oxygen content and temperature of the exhaust gas of the incinerator. The monitoring device for incinerators equipped with a wet scrubbing device shall continuously measure and record the pressure drop of the gas flow through the wet scrubbing device. Commercial medical waste incinerators and incinerators burning more than 225 pounds per hour of domestic, municipal, commercial, medical, or industrial solid waste shall be equipped with continuous emissions monitors which measure and record in-stack carbon monoxide in addition to the other requirements of this section. For nonmedical incinerators, a total hydrocarbon monitor may be substituted for the carbon monoxide monitor if a total hydrocarbon standard is established pursuant to sec.111.121(3). The oxygen, total hydrocarbon, and carbon monoxide monitoring devices described in this section must be certified for use following procedures outlined in 40 Code of Federal Regulations 60, Appendix B, Performance Specifications 3 and 4, respectively. Such certification must be approved by the executive director or a designated representative of the Texas Air Control Board (TACB). Compliance determinations may be made based on results of monitoring wit a certified monitor. Compliance with the carbon monoxide and/or total hydrocarbon requirements specified in s111.121(3), sec.111.123(3)(D), and sec.111.124(4) of this title (relating to Burning Hazardous Waste Fuels in Commercial Combustion Facilities) may be demonstrated using a rolling hourly average. The rolling hourly average shall be defined as the arithmetic mean of the 60 most recent one-minute concentrations measured by the continuous monitoring system. (b) -(d) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on July 24, 1991. TRD-9108854 Lane Hartsock Director, Planning and Development Program Texas Air Control Board Earliest possible date of adoption: September 2, 1991 For further information, please call: (512) 908-1770 Chapter 281. Applications Processing 31 TAC sec.281.26 The Texas Water Commission (TWC) proposes new sec.281.26, concerning suspension of commercial industrial solid waste and municipal hazardous waste permitting activities. The new section is proposed in order to incorporate new provisions of the Texas Solid Waste Disposal Act (TSWDA), Chapter 361, Texas Health and Safety Code (Vernon's Supplement 1991) recently promulgated by the legislature. The proposed new sec.281.26 states that TWC shall not process a new commercial hazardous waste management facility permit application unless the applicant provides the evidence or demonstration required under 31 Texas Administrative Code sec.305.50(12)(C)(i) or (ii), concerning emergency response capability. Karen P. Phillips, director of budget and planning, has determined that for the first five-year period the section is in effect there will be fiscal implications for state and local government as a result of enforcing or administering the section. The effect on state government will be an increase in costs of administration of approximately $470,000 in fiscal year 1992 and $410, 000 in each of the fiscal years 1993-1996. These increased costs will be recovered from affected businesses applying for permits and conducting regulated waste management activities through authorized fee assessments and represent a cost to businesses. In addition to these increased regulatory costs recovered, businesses will incur greater costs of development of permit applications due to consideration of additional or more stringent requirements, such as those related to land use, highway access, and availability of emergency response facilities. These costs will vary with the nature, location, and size of a proposed facility, and while not predictable, are not anticipated to significantly increase the costs of development of any specific application. Significantly greater costs may be incurred in complying with specific requirements for mitigating impacts of a proposed facility on local government and infrastructure. An applicant may be required to provide improvements to highways or roads, emergency response facilities, or financial assurance for such facilities. These requirements may represent significant costs to an applicant and will vary with specific applications. Applicants must demonstrate the financial capability to construct and operate a proposed facility and commercial hazardous waste facilities will require an annual environmental audit. It is anticipated that most applicants will incur some modest cost to prepare adequate documentation. Applicants who must develop detailed original financial information, such as those without audited financial statements, will incur significantly higher costs that will vary with the size and complexity of the company and the proposed facility. Costs of annual environmental audits will vary with the size and complexity of the facility, but may average $25,000. Audit costs and the costs of the selection process for an auditor may be significantly higher for large, complex operations. Additional requirements for public meetings, hearings, and notice of applications will increase costs for applicants. The cost of providing a local meeting and complying with public notice requirements could be as much as $10,000 or more in areas where population densities are high, but should be less in rural or less populated areas. No more than 15 public meetings and no more than 30 hearings per year are anticipated. The effects on local government will be equivalent to mitigation of the effects of proposed facilities. Local governments may be the beneficiaries of financial assurance mechanisms established to ensure the provision of adequate local emergency response capabilities or direct compensation for highway or road improvements. The section as proposed is not anticipated to have any specific effect on small businesses. Ms. Phillips also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be improvement in the regulation of hazardous waste and hazardous waste management activities, the protection of human health and the environment, and public participation in the processing of applications for hazardous waste facilities and enforcement of the authority, regulations and permit provisions of the Texas Water Commission. There is no anticipated economic costs to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Sally Jo Hahn, Staff Attorney, Legal Division, Texas Water Commission, P.O. Box 13087, Austin, Texas 78711-3087. Comments will be accepted until 5 p.m., 30 days after the date of this publication. To facilitate public comments on the proposed new section in Chapter 281, the commission is holding several public hearings in various locations as follows to receive comments: New Braunfels Civic Center, 390 South Seguin, on August 15th, at 7 p.m., New Braunfels; El Paso Community College, 9570 Gateway North, Lecture Forum Room, on August 20, 1991, at 9:30 a.m., El Paso; University of Texas at Tyler, 3900 University Boulevard, University Center, Room 134, at 2 p.m., Tyler; Midlothian High School, 925 South Ninth Street, Auditorium, on August 20, 1991, at 7:30 p.m., Midlothian, Texas; William B. Travis Building, 1701 North Congress Avenue, Room 1-100, on August 22, 1991, at 2 p.m., Austin; LaPort Kennedy Center, 618 San Jacinto Street, on August 22, 1991, at 2 p.m., LaPorte; Texas City Nessler Center, 2010 Fifth Avenue North, Atlantic Room, on August 22, 1991, at 7 p.m., Texas City. Persons participating in the public hearings are encouraged to summarize their testimony in written presentations. The new section is proposed under the Texas Water Code, s5.104 and sec.26. 011, which gives the commission the authority to adopt any rules necessary to carry out its powers, duties, and policies and to protect water quality in the state. The new section is also proposed under the TSWDA, sec.3 and sec.4, which gives the commission the authority to regulate industrial solid wastes and hazardous municipal solid wastes and to adopt rules and promulgate rules consistent with the general intent and purposes of the Act. sec.281.26. Applications for New Commercial Hazardous Waste Management Facility Permits.
                                                                                The commission shall not process an application for a permit for a new commercial hazardous waste management facility unless the applicant provides the evidence or demonstration required under s305.50(12)(C) (i) or (ii) of this title (relating to Additional Requirements for an Application for a Solid Waste Permit). This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on July 29, 1991. TRD-9108968 Jim Haley Director, Legal Division Texas Water Commission Earliest possible date of adoption: September 2, 1991 For further information, please call: (512) 463-8069 Chapter 305. Consolidated Permits The Texas Water Commission (TWC) proposes amendments to ssec.305.49, 305. 50, 305.66, 305.101-305.103, and new ssec.305.107, 305.147, and 305.148, concerning permit requirements for solid waste management facilities. The amendments and new sections are proposed in order to incorporate new provisions of the Texas Solid Waste Disposal Act (TSWDA), Chapter 361, Texas Health and Safety Code (Vernon's Supplement 1991) recently promulgated by the legislature in Senate Bill 1099, 72nd Legislature, 1991. Section 305.49, regarding additional contents of applications for injection well permits, is proposed to be amended by a new subsection (c) which states that the requirements of sec.305.50(4) concerning additional requirements for applications for solid waste permits are applicable to underground injection control permit applications. Section 305.50, regarding additional requirements for applications for solid waste permits, is proposed to include new paragraphs (9)-(12) and amendments to existing paragraph (4). Section 305.50(4) is proposed to be reorganized into subparagraphs (A)-(F). New sec.305.50(4)(A) is composed of language from existing sec.305.50(4). Section 305.50(4)(B) requires an applicant to demonstrate adequate financial resources to operate the facility in a safe manner. Section 305.50(4) (C) allows TWC to request additional information if the applicant fails to provide sufficient financial resource information. Section 305.50(4)(D) provides disclosure protection of financial information submitted by the applicant if the information is considered confidential by law. Section 305.50(4)(E) states that an application for a permit modification or amendment which includes capacity expansion shall also delineate faults within 3,000 feet of the facility. Section 305.43(4)(E) allows alternative means of complying with the fault information requirement. New sec.305.50(4)(F) is composed of language from existing sec.305. 50(4). New paragraph (9) sets forth the information to be provided by the applicant regarding sources, types, and volumes of waste to be stored, processed, or disposed of by the facility. Paragraph (10) requires the applicant to provide various types of information pertaining to land use. Paragraph (11) is proposed to require an applicant to demonstrate to TWC that the proposed facility or any proposed areal expansion will not be subject to inundation as a result of a 100-year flood event. Paragraph (12)(A) requires the applicant to provide information which will allow TWC to determine whether the facility's use of public roads will necessitate road improvements. Paragraph (12)(B) states that an applicant may submit a letter from a state, county, or municipality indicating that the public roads are adequate for the burden to be placed on them by the proposed facility. Paragraph (12)(C) states the types of information which the applicant must include in its application to demonstrate sufficient emergency response capabilities. Paragraph (12)(D) requires the applicant to document agreements with emergency response entities or demonstrate adequate financial assurance to provide for emergency response activities. Paragraph (12) (E) states that a summary of the applicant's hazardous waste management experience must be submitted. The title of sec.305.66 is proposed to be amended to include permit denial. Section 305.66(a) is proposed to be amended to state that a permit or other order of TWC may be suspended or revoked for good cause. Subsection (c) is proposed to allow TWC to deny for good cause any permit it issues or has the authority to issue. A new subsection (f) is proposed which delineates the reasons for which TWC may deny, suspend, or revoke a permit. New subsection (g) states the determinations TWC must make before a permit may be denied, suspended, or revoked. New subsection (h) states that TWC may not suspend a new commercial hazardous waste management facility permit if the county or municipality fails to accept the funds to make necessary roadway improvements. New subsection (i) states that TWC may deny a new hazardous waste management facility permit if it determines the facility is not compatible with local land use. New subsection (j) states that TWC may not deny a new hazardous waste management facility permit if the county or municipality fails to accept the funds to make necessary roadway improvements. New subsection (k) states that TWC shall not grant a new commercial hazardous waste management facility permit if the applicant lacks experience in the particular hazardous waste management technology. Finally, new subsection (l) states the definition of the terms "permit holder" and "applicant" for purposes of this section. Section 305.101, regarding notice of hearing, is proposed to be divided into four subsections. Proposed subsections (a), (c), and (e) are formed from the existing sec.305.101 language. New subsections (b) and (d) are proposed. Section 305.101(a) states the information required in the notice of hearing. Section sec.305.101(b) is proposed to state that the notice of hearing for a solid waste management facility application must comply with the applicable requirements of sec.305.103, relating to public meeting and notice requirements. Section 305. 101(c) is proposed to be amended to state that hazardous solid waste facility applications shall include a statement in the notice of hearing that a draft permit for the facility has been prepared and is available to the public. A new subsection (d) is proposed which states that hazardous solid waste management facility applications shall include a statement in the notice of hearing that at least one session of the hearing will be held in the county in which the facility is located. Such notice shall be issued in accordance with sec.305.107, regarding public meeting and notice requirements. Subsection (e) is proposed to the notice of hearing requirements for Texas pollutant discharge elimination system permits. Section 305.102, regarding notice by publication, is proposed to be amended with a new subsection (e) which states that new hazardous waste management facility permit applications are subject to the provisions of sec.305.107 relating to public meeting and notice requirements. Section 305.103, regarding notice by mail, is proposed to be amended with new subsection (b)(13) which will require new solid waste management facility applicants to comply with new sec.305.103(f). New proposed subsection (f) will require that for new solid waste management facility permit applications, the applicant shall mail the notice of hearing to each residential or business address located within 1/2 mile of the facility. The applicant shall additionally give notice to owners of real property located within 1/2 mile of the facility which is listed in the real property appraisal records of the district in which the facility which is located. Such notice must be mailed and properly deposited with the United States postal service. New proposed subsection (g) requires that the applicant certify to TWC that the mailings were deposited as required by subsection (f). A new sec.305.107 is proposed concerning public notice and meeting requirements. Subsection (a)(1) requires a public meeting for a new hazardous waste management facility in the county where the facility is to be located. Subsection (a)(2) states that TWC, upon request by an affected person or by TWC rule, shall hold a public meeting on an application for a Class 3 modification or a major amendment to an existing facility's hazardous waste permit. Subsection (a)(3) is proposed to require that public meetings held pursuant to the TSWDA, sec.361.063, must meet the requirements of sec.305.107(a)(1) and (2) if notice is provided as required by sec.305.107(c). Subsection (b) states that a public meeting held pursuant to sec.305.107 is not a contested case hearing under the Administrative Procedure and Texas Register Act (APTRA), Article 6252-13a, Texas Civil Statutes (Supplement 1991). New proposed subsection (c) states the necessary procedures for publishing notice for meetings required under sec.305. 107(a) or for applications involving hazardous waste under the TSWDA which are subject to the requirements of sec.305.101. Subsection (d) defines the term "affected person(s)" as used in sec.305.107. New proposed sec.305.147 concerns the monitoring of commercial hazardous waste management facility operations. This section applies to any issued, amended, modified, transferred, extended, or renewed commercial hazardous waste management facility permits. Paragraph (1) states the process by which the facility owner or operator shall provide notice to affected persons of the facility's intent to have an annual environmental audit of the facility performed. New proposed paragraph (2) states that if the facility owner or operator and interested affected parties cannot agree on the selection of an independent inspector, the commission shall select an independent inspector. Paragraph (3) requires the facility owner or operator to be responsible for the costs and procurement of the independent inspector. Paragraph (4) requires the facility owner or operator to submit the results of an independent annual environmental audit in writing to the executive director. Paragraph (5) states that the scope of the independent annual environmental audit may encompass any and all provisions of environmental permits required for the facility and all relevant statutes and regulations regarding the management of the facility. Paragraph (6) states that the facility is not required to perform the annual independent environmental audit if the facility does not receive any comments from affected persons. Paragraph (7) requires the facility to provide for fence line and ambient air quality monitoring. Finally, paragraph (8) defines the term "affected person(s) " as used in sec.305.147. New sec.305.148 is proposed to state that the commission may impose permit conditions deemed to be necessary to minimize or mitigate detrimental impacts on local land use. Karen P. Phillips, director of budget and planning, has determined that for the first five-year period the sections are in effect there will be fiscal implications for state and local government as a result of enforcing or administering the sections. The effect on state government will be an increase in costs of administration of approximately $470,000 in fiscal year 1992 and $410,000 in each of the fiscal years 1993-1996. These increased costs will be recovered from affected businesses applying for permits and conducting regulated waste management activities through authorized fee assessments and represent a cost to businesses. In addition to these increased regulatory costs recovered, businesses will incur greater costs of development of permit applications due to consideration of additional or more stringent requirements, such as those related to land use, highway access, and availability of emergency response facilities. These costs will vary with the nature, location, and size of a proposed facility, and while not predictable, are not anticipated to significantly increase the costs of development of any specific application. Significantly greater costs may be incurred in complying with specific requirements for mitigating impacts of a proposed facility on local government and infrastructure. An applicant may be required to provide improvements to highways or roads, emergency response facilities, or financial assurance for such facilities. These requirements may represent significant costs to an applicant and will vary with specific applications. Applicants must demonstrate the financial capability to construct and operate a proposed facility and commercial hazardous waste facilities will require an annual environmental audit. It is anticipated that most applicants will incur some modest cost to prepare adequate documentation. Applicants who must develop detailed original financial information, such as those without audited financial statements, will incur significantly higher costs that will vary with the size and complexity of the company and the proposed facility. Costs of annual environmental audits will vary with the size and complexity of the facility, but may average $25,000. Audit costs and the costs of the selection process for an auditor may be significantly higher for large, complex operations. Additional requirements for public meetings, hearings, and notice of applications will increase costs for applicants. The cost of providing a local meeting and complying with public notice requirements could be as much as $10,000 or more in areas where population densities are high, but should be less in rural or less populated areas. No more than 15 public meetings and no more than 30 hearings per year are anticipated. The effects on local government will be equivalent to mitigation of the effects of proposed facilities. Local governments may be the beneficiaries of financial assurance mechanisms established to ensure the provision of adequate local emergency response capabilities or direct compensation for highway or road improvements. These sections as proposed are not anticipated to have any specific effect on small businesses. Ms. Phillips also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be improvement in the regulation of hazardous waste and hazardous waste management activities, the protection of human health and the environment, public participation in the processing of applications for hazardous waste facilities, and enforcement of the authority, regulations, and permit provisions of the Texas Water Commission. There is no anticipated economic cost to persons who are required to comply with the sections as proposed. Comments on the proposal may be submitted to Samita Mehta, Staff Attorney, Legal Division, Texas Water Commission, P.O. Box 13087, Austin, Texas 78711-3087. Comments will be accepted until 5 p.m., 30 days after the date of this publication. To facilitate public comments on the proposed amendments to Chapter 305, the commission has scheduled several public hearings in various locations as follows to receive comments: New Braunfels Civic Center, 390 South Seguin, on August 15th, at 7 p.m., New Braunfels; El Paso Community College, 9570 Gateway North, Lecture Forum Room, on August 20, 1991, at 9:30 a.m., El Paso; University of Texas at Tyler, 3900 University Boulevard, University Center, Room 134, at 2 p.m., Tyler; Midlothian High School, 925 South Ninth Street, Auditorium, on August 20, 1991, at 7:30 p.m., Midlothian; William B. Travis Building, 1701 North Congress Avenue, Room 1-100, on August 22, 1991, at 2 p.m., Austin; LaPort Kennedy Center, 618 San Jacinto Street, on August 22, 1991, at 2 p.m., LaPorte; Texas City Nessler Center, 2010 Fifth Avenue North, Atlantic Room, on August 22, 1991, at 7 p.m., Texas City. Persons participating in the public hearing are encouraged to summarize their testimony in written presentations. Subchapter C. Application for Permit 31 TAC sec.305.49, sec.305.50 amendments are proposed under the Texas Water Code, sec.5.104 and sec.26. 011, which gives the commission the authority to adopt any rules necessary to carry out its powers, duties, and policies and to protect water quality in the state. The amendments are also proposed under the TSWDA, sec.3 and sec.4, which gives the commission the authority to regulate industrial solid wastes and hazardous municipal solid wastes and to adopt rules and promulgate rules consistent with the general intent and purposes of the Act. sec.305.49. Additional Contents of Application for an Injection Well Permit. (a)-(b) (No change.) (c) An application under this section shall comply with the requirements of sec.305.50(4)(B) of this title (relating to Additional Requirements for an Application for a Solid Waste Permit. sec.305.50. Additional Requirements for an Application for a Solid Waste Permit.
                                                                                  Unless otherwise stated, an application for a permit to store, process, or dispose of solid waste shall meet the following requirements. (1) (No change.) (2) Plans and specifications for the construction and operation of the facility and the staffing pattern for the facility shall be submitted, including the qualifications of all key operating personnel. Also to be submitted is the closing plan for the solid waste storage, processing, or disposal facility. The information provided shall be sufficiently detailed and complete to allow the executive director to ascertain whether the facility will be constructed and operated in compliance with all pertinent state and local air, water, public health, and solid waste statutes. Also to be submitted are listings of all environmental violations by the permit holder in the preceding five years at the permitted site, listings of all environmental violations in the preceding five years at any site owned, operated, or controlled by the applicant, a summary of the attempts of the permit holder to correct the environmental violations, and an indication of whether the permit holder or applicant is indebted to the state for fees, payment of penalties, or taxes imposed by the Texas Solid Waste Disposal Act or by any rule of the commission. For purposes of this section, the terms "permit holder" and "applicant" include each member of a partnership or association and, with respect to a corporation, each officer and the owner or owners of a majority of the corporate stock, provided such partner or owner controls at least 20% of the permit holder or applicant and at least 20% of another business which operates a solid waste management facility. (3) (No change.) (A)
                                                                                    [(4) ] In the case of an application for a permit to store, process, or dispose of hazardous waste, the application shall [also] contain any additional information required by 40 Code of Federal Regulations, sec.sec.270.13-270.21 and 270.23, except that closure cost estimates shall be prepared in accordance with 40 Code of Federal Regulations, sec.sec.264.142(a)(1), (3), (4), (b), and (c) and s335. 178 of this title (relating to Cost Estimate for Closure). [At any time after the effective date of the requirements contained in Chapter 335, Subchapter F of this title (relating to Permitting Standards for Owners and Operators of Hazardous Waste Storage, Processing, or Disposal Facilities), the executive director may require the owner or operator of an existing hazardous waste management facility to submit that portion of his application containing the information specified in 40 Code of Federal Regulations, sec.sec.270.14-270.21 and 270.23. Any owner or operator shall be allowed a reasonable period of time from the date of the request to submit the information. An application for a new hazardous waste management facility must be submitted at least 180 days before physical construction of the facility is expected to commence.] (B) An application for a permit to store, process, or dispose of hazardous waste shall also contain financial information sufficient to demonstrate to the satisfaction of the executive director that the applicant has sufficient financial resources to operate the facility in a safe manner and in compliance with the permit and all applicable rules, including, but not limited to, how an applicant intends to obtain financing for construction of the facility, and to close the facility properly. Such financial information may include, but is not limited to, the following: (i) current and two previous years audited financial statements prepared in accordance with generally accepted auditing standards, including an opinion as to the fairness of the financial statements and accompanying notes; (ii) current and two previous years Form 10-K annual reports filed with the Securities and Exchange Commission; (iii) relevant information concerning investors and stockholders; and (iv) information required by Title 40, Code of Federal Regulations Part 264, Subpart H. (C) If any of the information required to be disclosed under paragraph (3)(B) of this section would be considered confidential under applicable law, the information shall be protected accordingly. During hearings on contested applications, disclosure of confidential information may be allowed only under an appropriate protective order. (D) An application for a modification or amendment of a permit which includes a capacity expansion of an existing hazardous waste management facility shall also contain information delineating all faults within 3,000 feet of the facility, together with a demonstration, unless previously demonstrated to the commission or the United States Environmental Protection Agency, that: (i) the fault has not had displacement within Holocene time, or if faults have had displacement within Holocene time, that no such faults pass within 200 feet of the portion of the surface facility where treatment, storage, or disposal of hazardous wastes will be conducted; and (ii) the fault will not result in structural instability of the surface facility or provide for groundwater movement to the extent that there is endangerment to human health or the environment. (E) At any time after the effective date of the requirements contained in Chapter 335, Subchapter F, the executive director may require the owner or operator of an existing hazardous waste management facility to submit that portion of his application containing the information specified in 40 Code of Federal Regulations, sec.sec.270.14-270.21 and 270.23. Any owner or operator shall be allowed a reasonable period of time from the date of the request to submit the information. An application for a new hazardous waste management facility must be submitted at least 180 days before physical construction of the facility is expected to commence. (5)-(8) (No change.) (9) In the case of an application for a permit to store, process, or dispose of hazardous waste at a new hazardous waste management facility, or an application for amendment or modification of a solid waste management facility permit to provide for capacity expansion, the application shall also identify the nature of any known specific and potential sources, types, and volumes of waste to be stored, processed, or disposed of by the facility and shall identify any other related information the executive director may require. (10) In the case of an application for a permit to store, process, or dispose of hazardous waste at a new hazardous waste management facility, the application shall also contain the following: (A) copies of any relevant land use plans, adopted pursuant to the Texas Local Government Code, Chapter 211 (Vernon's Supplement 1991), which were in existence before publication of the notice of intent to file a solid waste permit application or, if no notice of intent is filed, at the time the permit application is filed; (B) identification of the names and locations of industrial and other waste-generating facilities within 1/2 mile of the facility in the case of an application for a permit for a new on-site hazardous waste management facility, and within one mile of the facility in the case of an application for a permit for a new commercial hazardous waste management facility; (C) the approximate quantity of hazardous waste generated or received annually at those facilities described under subparagraph (B) of this paragraph; (D) descriptions of the major routes of travel in the vicinity of the facility to be used for the transportation of hazardous waste to and from the facility, together with a map showing the land-use patterns, covering at least a five-mile radius from the boundaries of the facility; and (E) the information and demonstrations concerning faults described under sec.305.50(4)(E). (11) In the case of an application for a permit to store, process, or dispose of hazardous waste, the application shall also contain information sufficient to demonstrate to the satisfaction of the commission that a proposed hazardous waste landfill, areal expansion of such landfill, or new commercial hazardous waste land disposal unit is not subject to inundation as a result of a 100-year flood event. An applicant or any other party may not rely solely on floodplain maps prepared by the Federal Emergency Management Agency or a successor agency to determine whether a hazardous waste landfill, areal expansion of such landfill, or commercial hazardous waste land disposal unit is subject to such an inundation. (12) In the case of an application for a permit to store, process, or dispose of hazardous waste at a new commercial hazardous waste management facility, the application shall also contain the following: (A) information sufficient to demonstrate whether a burden will be imposed on public roadways by vehicles travelling to and from the facility, including, at a minimum: (i) the average gross weight of the various types and sizes of such vehicles to be used for transportation of hazardous waste; (ii) the average number of such vehicles which would travel the public roadways; and (iii) identification of the roads to be used by vehicles traveling to and from the facility within a minimum radius of 2 1/2 miles from the facility. Such identification must include the major highways nearest the facility, even if they are located outside the 2 1/2 mile radius; (B) in addition to the requirements of subparagraph (A) of this paragraph, a letter from the relevant agency of the state, county, or municipality which has the authority to regulate and maintain roads which states unequivocally that the roads to and from the facility are adequate for the loads to be placed on them by the proposed facility. Such letter will serve as prima facie evidence that the additional loads placed on the roadways caused by the operation of the facility would not constitute a burden and thus would not require that improvements be made to such roadways. Such letter does not, however, obviate the need to submit the information required under subparagraph (A) of this paragraph; (C) evidence sufficient to demonstrate that: (i) emergency response capabilities are available or will be available before the facility first receives waste, in the area in which the facility is located or proposed to be located, that has the ability to manage a reasonable worst-case emergency condition associated with the operation of the facility; such evidence may include, but is not limited to, the following: (I) in addition to the contingency plan required under 40 Code of Federal Regulations, sec.270.14(b)(7), provisions specifying procedures and timing of practice facility evacuation drills, where there is a possibility that evacuation of the facility could be necessary; (II) contracts with any private corporation, municipality, or county to provide emergency response; (III) weather data which might tend to affect emergency response; (IV) a definition of worst-case emergencies, e.g., fires, explosions, the Texas Design Hurricane, or the Standard Project Hurricane; (V) a training program for personnel for response to such emergencies; (VI) identification of first-responders; (VII) identification of local or regional emergency medical services and hospitals which have had hazardous materials training; (VIII) a pre-disaster plan, including drills; (IX) a mechanism for notifying all applicable government agencies when an incident occurs (i.e., TWC, Texas Parks and Wildlife, General Land Office, Texas Air Control Board, Texas Department of Health, and Texas Railroad Commission); (X) a showing of coordination with the Local Emergency Planning Committee and any local comprehensive emergency management plan; and (XI) any medical response capability which may be available on the facility property; or (ii) the applicant has secured bonding of sufficient financial assurance to fund the emergency response personnel and equipment determined to be necessary by the executive director to manage a reasonable worst-case emergency condition associated with the facility; such financial assurance may be demonstrated by providing information which may include, but is not limited to, the following: (I) long-term studies using an environmental model which provides the amount of damages for which the facility is responsible; and (II) costs involved in supplying any of the information included in or satisfying any of the requirements of clause (i)(I)-(XI) of this subparagraph; (D) if an applicant does not elect to provide its own facilities or secure bonding to ensure sufficient emergency response capabilities pursuant to sec.335.183, the following information must be provided prior to the time the facility first receives waste: (i) documentation showing agreements with the county and/or municipality in which the facility is located, or documentation showing agreements with an adjoining county, municipality, mutual aid association, or other appropriate entity such as professional organizations regularly doing business in the area of emergency and/or disaster response; or (ii) demonstration that a financial assurance mechanism in the form of a negotiable instrument, such as a letter of credit, fully paid in trust fund, or an insurance policy, with the limitation that the funds can only be used for emergency response personnel and equipment and made payable to and for the benefit of the county government and/or municipal government in the county in which the facility is located or proposed to be located; and (E) a summary of the applicant's experience in hazardous waste management and in the particular hazardous waste management technology proposed for the application location, and, for any applicant without experience in the particular hazardous waste management technology, a conspicuous statement of that lack of experience. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on July 29, 1991. TRD-9108969 Jim Haley Director, Legal Division Texas Water Commission Earliest possible date of adoption: September 2, 1991 For further information, please call: (512) 463-8069 Subchapter D. Amendments, Renewals, Transfers, Corrections, Revocation, and Suspension of Permits 31 TAC sec.305.66 The amendment is proposed under the Texas Water Code, sec.5.103 and sec.5.105, which provides the Texas Water Commission with the authority to adopt any rules necessary to carry out its powers and duties under the Code and other laws of the State of Texas, and to establish and approve all general policy of the commission. sec.305.66. Permit Denial, Suspension, and Revocation [and Suspension]. (a) A permit or other order of the commission does not become a vested right and may be suspended or revoked
                                                                                      [revoked or suspended] for good cause at any time by order of the commission after opportunity for a public hearing is given. Good cause includes, but is not limited to, the following: (1)-(9) (No change.) (b) (No change.) (c) The commission may, for good cause, deny,
                                                                                        amend, revoke, or suspend, after notice and hearing according to sec.305.68 of this title (relating to Action and Notice on Petition for Revocation and Suspension), any permit it issues or has authority to issue
                                                                                          for a solid waste storage, processing, or disposal facility, for good cause, for reasons pertaining to public health, air or water pollution, land use, or for violations of the Texas Solid Waste Disposal Act, or any other applicable laws or rules controlling the management of solid waste. (d)-(e) (No change.) (f) The commission may deny, suspend for not more than 90 days, or revoke an original or renewal permit if the commission finds after notice and hearing, that: (1) the permit holder has a record of environmental violations in the preceding five years at the permitted site; (2) the applicant has a record of environmental violations in the preceding five years at any site owned, operated, or controlled by the applicant; (3) the permit holder or applicant made a false or misleading statement in connection with an original or renewal application, either in the formal application or in any other written instrument relating to the application submitted to the commission, its officers, or its employees; (4) the permit holder or applicant is indebted to the state for fees, payment of penalties, or taxes imposed by statute or by a rule of the commission; (5) the permit holder or applicant is unable to ensure that the management of the hazardous waste management facility conforms or will conform to this part and the rules of the commission. (g) Before denying, suspending, or revoking a permit under this section the commission must find: (1) that a violation or violations are significant and that the permit holder or applicant has not made a substantial attempt to correct the violations; or (2) that the permit holder or applicant is indebted to the state for fees, payment of penalties or taxes imposed by this part or by rule of the commission. (h) The commission may not suspend a new commercial hazardous waste management permit on the basis of a failure of a county or a municipality to accept the funds and make the roadway improvements pursuant to sec.335.182 of this title (relating to Burden on Public Roadways by a New Commercial Hazardous Waste Management Facility). (i) For applications for new hazardous waste management facility permits, the commission may deny such an application if it determines that the facility is not compatible with local land use pursuant to sec.335.180 of this title (relating to Impact of New Hazardous Waste Management Facilities On Local Land Use). (j) For applications for new commercial hazardous waste management facility permits, the commission may not deny such an application on the basis of a failure of a county or a municipality to accept the funds and make the roadway improvements pursuant to s335.182 of this title. (k) For applications for any new commercial hazardous waste management facility permits the commission shall not grant such an application if the applicant is without experience in the particular hazardous waste management technology and has not conspicuously stated that lack of experience in the application, and the commission shall not grant such an application unless the applicant provides a summary of its experience, pursuant to sec.305. 50(12)(D) of this title (relating to Additional Requirements for an Application for a Solid Waste Permit). The commission may not deny an application for a new commercial hazardous waste management facility permit solely on the basis of lack of experience of the applicant. (1) For purposes of this section, the terms "permit holder" and "applicant" include each member of a partnership or association and, with respect to a corporation each officer and the owner or owners of a majority of the corporate stock, provided such partner or owner controls at least 20% of the permit holder or applicant and at least 20% of another business which operates a solid waste management facility. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on July 29, 1991. TRD-9108970 Jim Haley Director, Legal Division Texas Water Commission Earliest possible date of adoption: September 2, 1991 For further information, please call: (512) 463-8069 Subchapter E. Actions, Notice, and Hearing 31 TAC sec.sec.305.101-305.103, 305.107 The amendments and new section are proposed under the Texas Water Code, sec.5.103 and sec.5.105, which provides the Texas Water Commission with the authority to adopt any rules necessary to carry out its powers and duties under the Code and other laws of the State of Texas, and to establish and approve all general policy of the commission. sec.305.101. Notice of Hearing. (a)
                                                                                            A notice of hearing shall identify the application, the date, time, place, and nature of the hearing, the legal authority and jurisdiction under which the hearing is to be held, the proposed action, the requirements for submitting written protests, the method for obtaining additional information, and such other information the commission deems necessary. The notice shall state whether a draft permit has been prepared by the executive director. (b) For applications involving solid waste management facilities under the Texas Solid Waste Disposal Act (the Act), Chapter 361, Texas Health and Safety Code (Vernon's Supplement 1991), the notice of hearing shall meet the applicable requirements of sec.305. 103(f) and (g) of this title (relating to Notice by Mail). (c)
                                                                                              For applications involving hazardous solid
                                                                                                waste facilities
                                                                                                  under the Act
                                                                                                    [Texas Solid Waste Disposal Act, Texas Civil Statutes, Article 4477-7,] the notice of hearing
                                                                                                      shall include a statement that a draft permit for the facility has been prepared and that a copy of the draft permit is available to the public. (d) For an application involving hazardous solid waste management facilities, the notice of hearing shall include the statement that at least one session of the hearing will be held in the county in which the facility is located. The notice for a hearing session concerning a hazardous solid waste facility shall be provided in accordance with sec.305.107 of this title (relating to Public Meeting and Notice Requirements). (e)
                                                                                                        For Texas pollutant discharge elimination system (TPDES) permits in addition to the general information described in this section, the public notice of hearing shall include the information described in 40 Code of Federal Regulations, sec.124.10(d) (1)(i)-(v) and (vii). sec.305.102. Notice by Publication. (a)-(d) (No change.) (e) Applications for a new hazardous waste management facility permit are additionally subject to the provisions of sec.305.107 of this title (relating to Public Meeting and Notice Requirements). sec.305.103. Notice by Mail. (a) (No change.) (b) The notice shall be mailed to the following: (1)-(12)(No change. ) (13) For applications involving new solid waste management facilities, in accordance with subsection (f) of this section where any duplication of effort between subsections (a) and (f) of this section exists. (c)-(e) (No change.) (f) For applications involving new solid waste management facilities the applicant shall mail the notice of hearing to each residential or business address located within 1/2 mile of the new solid waste management facility and to each owner of real property located within 1/2 mile of such facility listed in the real property appraisal records of the appraisal district in which the solid waste management facility is sought to be permitted as of the date the commission determines the permit application is administratively complete. Such notice must be sent by mail and must be deposited with the United States postal service not more than 45 days or less than 30 days before the date of the hearing. (g) For mailings required under subsection (f) of this section, the applicant must certify to the commission that the mailings were deposited as required by subsection (f) of this section. Acceptance of the certification creates a rebuttable presumption that the applicant has complied with the requirements of subsection (f) of this section this subsection. sec.305.107. Public Meeting and Notice Requirements. (a) When public meeting is required. (1) The commission shall hold a public meeting on an application for a new hazardous waste management facility in the county in which the proposed hazardous waste management facility is to be located. (2) The commission, upon request of an affected person or as otherwise required by commission rule, shall hold a public meeting on an application for a Class 3 modification or on a major amendment to an existing facility's hazardous waste permit. (3) A public meeting held as part of a local review process pursuant to the Texas Solid Waste Disposal Act, sec.361. 063 (the Act), Chapter 361, Texas Health and Safety Code (Vernon's Supplement 1991) meets the requirement of paragraphs (1) and (2) of this subsection if notice is provided as required by subsection (c) of this section. (b) Public meeting not a contested case hearing. A public meeting under this section is not a contested case hearing under the Administrative Procedure and Texas Register Act (APTRA), Texas Civil Statutes, Article 6252-13a (Supplement 1991). (c) Notice requirements. If a public meeting is required under sec.305.107(a), or for applications involving hazardous waste under the Act and which are subject to the requirements of sec.305.101 of this title (relating to Notice of Hearing), then the applicant shall, not less than once each week during the three weeks preceding a public meeting, publish notice of the meeting in the newspaper of the largest general circulation that is published in the county in which the proposed facility is to be located or, if no newspaper is published in the county, in a newspaper of general circulation in the county. The applicant shall provide an affidavit to the commission which certifies that notice was provided as required by this section. Acceptance of such an affidavit by the commission shall create a rebuttable presumption that the applicant has complied with this section. (1) The published notice may not be smaller than 96.8 square centimeters or 15 square inches with the shortest dimension at least 7.6 centimeters or three inches and shall contain, at a minimum, the following information: (A) the permit application number; (B) the applicant's name; (C) the proposed location of the facility; and (D) the location and availability of copies of the permit application. (2) The applicant must pay the costs of the required notice. (d) The term "affected person(s)" as used in this section shall have the following meaning unless otherwise indicated. An affected person is any person who is a resident of a county of any county adjacent or contiguous to the county in which a new hazardous waste management facility is to be located including any person who is doing business or owns land in the county or adjacent or contiguous county and any local government. Such person affected shall also demonstrate to the commission that he has suffered or will suffer actual injury or economic damage. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on July 29, 1991. TRD-9108971 Jim Haley Director, Legal Division Texas Water Commission Earliest possible date of adoption: September 2, 1991 For further information, please call: (512) 463-8069 Subchapter G. Additional Conditions for Solid Waste Storage, Processing, or Disposal Permits 31 TAC sec.305.147, sec.305.148 The new sections are proposed under the Texas Water Code, sec.5.103 and sec.5. 105, which provides the Texas Water Commission with the authority to adopt any rules necessary to carry out its powers and duties under the Code and other laws of the State of Texas, and to establish and approve all general policy of the commission. sec.305.147. Monitoring of Commercial Hazardous Waste Management Facility Operations.
                                                                                                          Any issued, amended, modified, transferred, extended, or renewed commercial hazardous waste management facility permit shall include the following requirements. (1) Within the first year after commission action on the permit the facility owner or operator shall provide notice to affected persons of intent to have an independent annual environmental audit of the facility performed. The notice shall be issued in accordance with the following procedure. (A) The notice shall state the names of at least three independent inspectors nominated by the facility owner or operator to perform the environmental audit and shall be published in the newspaper of the largest general circulation that is published in the county in which the facility is located and all adjacent counties or, if no newspaper is published in the county, in a newspaper of general circulation in the county. The facility owner or operator shall not nominate an inspector who is employed or who has been employed by the facility. (B) The notice shall announce a meeting time and place, to be located near the facility location, be held within 15 days of the published notice in order for the facility to receive comments from and allow for participation by interested affected persons in the selection of the independent inspector. The interested affected persons may either agree to one of the nominated independent inspectors or nominate other independent inspectors if they do not approve of the nominee list. The selection of the independent inspector shall be agreed to by the facility owner or operator and the interested affected persons no later than 30 days from the date of the meeting. The name of the selected independent inspector shall be submitted to the commission no later than 15 days from the date of selection for the commission's approval. The commission shall approve the independent inspector after it has determined that the independent inspector has the necessary expertise to perform the audit and does not have a conflict of interest with any of the parties involved in the inspector selection. (C) The published notice may not be smaller than 96.8 square centimeters or 15 square inches with the shortest dimension at least 7.6 centimeters or three inches and shall contain, at a minimum, the following information: (i)
                                                                                                            the facility owner's or operator's name; (ii)
                                                                                                              the location of the facility; (iii)
                                                                                                                the facility permit number; (iv)
                                                                                                                  the time and date of the scheduled annual environmental audit; (v)
                                                                                                                    the names of at least three nominated independent inspectors; (vi)
                                                                                                                      the date and time and location of the selection meeting; and (vii)
                                                                                                                        the name and telephone number of a facility contact person. (D) The facility owner or operator shall provide a copy of the published notice to local jurisdictions where the facility is located. (E) The facility owner or operator shall provide the commission with an affidavit including a newspaper tear sheet of the published notice and sworn statement of the editor or publisher certifying that the notice was given as required by this section. Acceptance of the affidavit creates a rebuttable presumption that the applicant has complied with this section. (2) If the facility owner or operator and interested affected persons cannot agree on the selection of an independent inspector within the time frame specified in paragraph (1)(B) of this section, the commission shall select an independent inspector. The commission's selection, however, shall not be limited to either the facility owner or operator's nominee list or the interested affected persons' nominee list. The commission shall take steps necessary to assure that the independent inspector or entity selected to perform the audit has the necessary expertise to perform the audit, is not a business competitor of the facility, and does not have a conflict of interest with any of the parties involved in the inspector selection. (3) The facility owner or operator shall pay the cost of notice required to be provided under this section. (4) The facility owner or operator shall be responsible for the costs of an independent annual environmental audit. The facility owner or operator shall also maintain responsibility for procuring the selected independent inspector. The commission shall not be a party to such procurement nor warrant the workmanship of the selected inspector. (5) The facility owner or operator shall submit the results of an independent annual environmental audit in writing to the executive director. (6) The scope of the independent annual environmental audit may encompass any and all provisions of environmental permits required for the facility and all relevant statutes and regulations regarding the management of the facility. (7) The facility is not required to perform the annual independent environmental audit if the facility does not receive any comments from affected persons. If the facility performs the independent audit despite lack of response, the facility must obtain the commission's approval of the selected independent inspector prior to the audit. (8) The facility shall provide for fence line and ambient air quality monitoring if and as required by the commission. (9) The term "affected person(s)" as used in this section shall have the following meaning unless otherwise indicated. An affected person is any person who is a resident of a county of any county adjacent or contiguous to the county in which a new hazardous waste management facility is to be located including any person who is doing business or owns land in the county or adjacent or contiguous county and any local government. Such person affected shall also demonstrate to the commission that he has suffered or will suffer actual injury or economic damage. sec.305.148. Impact of New Hazardous Waste Management Facilities on Local Land Use.
                                                                                                                          Based on its assessment of an application for a new hazardous waste management facility permit, in accordance with sec.335.180 of this title (relating to Impact of New Hazardous Waste Management Facilities on Local Land Use), the commission may impose permit conditions deemed to be necessary to minimize or mitigate detrimental impacts on local land use. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on July 29, 1991. TRD-9108972 Jim Haley Director, Legal Division Texas Water Commission Earliest possible date of adoption: September 2, 1991 For further information, please call: (512) 463-8069 Chapter 331. Underground Injection Control Subchapter G. Consideration Prior to Permit Issuance 31 TAC sec.331.121 The Texas Water Commission (TWC) proposes an amendment to sec.331.121, concerning Class I underground injection control well permitting standards. The amendment is proposed in order to incorporate new provisions of the Texas Solid Waste Disposal Act (TSWDA), Chapter 361, Texas Health and Safety Code (Vernon's Supplement 1991) recently promulgated by the legislature. The amendment to sec.331.121(a)(2)(P) is proposed to require the permit applicant to delineate faults within 2 1/2 miles of the proposed or existing wellbore or the area within the cone of influence, whichever is greater, unless the information required by this subparagraph has been previously demonstrated to the TWC or the United States Environmental Protection Agency. The applicant shall demonstrate that the fault is not transmissive or allow vertical migration of hazardous constituents out of the injection zone. Karen P. Phillips, director of budget and planning, has determined that for the first five-year period the section is in effect there will be fiscal implications for state and local government as a result of enforcement or administering the section. The effect on state government will be an increase in costs of administration of approximately $470,000 in fiscal year 1992 and $410, 000 in each of the fiscal years 1993-1996. These increased costs will be recovered from affected businesses applying for permits and conducting regulated waste management activities through authorized fee assessments and represent a cost to businesses. In addition to these increased regulatory costs recovered, businesses will incur greater costs of development of permit applications due to consideration of additional or more stringent requirements, such as those related to land use, highway access, and availability of emergency response facilities. These costs will vary with the nature, location, and size of a proposed facility, and while not predictable, are not anticipated to significantly increase the costs of development of any specific application. Significantly greater costs may be incurred in complying with specific requirements for mitigating impacts of a proposed facility on local government and infrastructure. An applicant may be required to provide improvements to highways or roads, emergency response facilities, or financial assurance for such facilities. These requirements may represent significant costs to an applicant and will vary with specific applications. Applicants must demonstrate the financial capability to construct and operate a proposed facility and commercial hazardous waste facilities will require an annual environmental audit. It is anticipated that most applicants will incur some modest cost to prepare adequate documentation. Applicants who must develop detailed original financial information, such as those without audited financial statements, will incur significantly higher costs that will vary with the size and complexity of the company and the proposed facility. Costs of annual environmental audits will vary with the size and complexity of the facility, but may average $25,000. Audit costs and the costs of the selection process for an auditor may be significantly higher for large, complex operations. Additional requirements for public meetings, hearings, and notice of applications will increase costs for applicants. The cost of providing a local meeting and complying with public notice requirements could be as much as $10,000 or more in areas where population densities are high, but should be less in rural or less populated areas. No more than 15 public meetings and no more than 30 hearings per year are anticipated. The effects on local government will be equivalent to mitigation of the effects of proposed facilities. Local governments may be the beneficiaries of financial assurance mechanisms established to ensure the provision of adequate local emergency response capabilities or direct compensation for highway or road improvements. The section as proposed is not anticipated to have any specific effect on small businesses. Ms. Phillips also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be improvement in the regulation of hazardous waste and hazardous waste management activities, the protection of human health and the environment, and public participation in the processing of applications for hazardous waste facilities and enforcement of the authority, regulations, and permit provisions of the Texas Water Commission. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Carlos Celestino, Legal Division, Texas Water Commission, P.O. Box 13087, Austin, Texas 78711-3087. Comments will be accepted until 5 p.m., 30 days after the date of this publication. To facilitate public comments on the proposed amendment to Chapter 331, the commission has scheduled several public hearings in various locations as follows to receive comments: New Braunfels Civic Center, 390 South Seguin, on August 15th, at 7 p.m., New Braunfels; El Paso Community College, 9570 Gateway North, Lecture Forum Room, on August 20, 1991, at 9:30 a.m., El Paso; University of Texas at Tyler, 3900 University Boulevard, University Center, Room 134, at 2 p.m. , Tyler; Midlothian High School, 925 South Ninth Street, Auditorium, on August 20, 1991, at 7:30 p.m., Midlothian; William B. Travis Building, 1701 North Congress Avenue, Room 1-100, on August 22, 1991, at 2 p.m., Austin; LaPort Kennedy Center, 618 San Jacinto Street, on August 22, 1991, at 2 p.m., LaPorte; Texas City Nessler Center, 2010 Fifth Avenue North, Atlantic Room, on August 22, 1991, at 7 p.m., Texas City. Persons participating in the public hearing are encouraged to summarize their testimony in written presentations. The amendment is proposed under the Texas Water Code, sec.5.104 and sec.26.011, which gives the commission the authority to adopt any rules necessary to carry out its powers, duties, and policies and to protect water quality in the state. The section is also proposed under the Texas Solid Waste Disposal Act, s3 and sec.4, which gives the commission the authority to regulate industrial solid wastes and hazardous municipal solid wastes and to adopt rules and promulgate rules consistent with the general intent and purposes of the Act. sec.331.121. Class I Wells. (a) The commission shall consider the following before issuing a Class I injection well permit: (1) (No change.) (2) all information in the technical report submitted with the application for permit in conformance with Chapter 305 of this title (relating to Consolidated Permits) including, but not limited to: (A)-(O) (No change.) (P) delineation of all faults within 2 1/2 miles from the proposed or existing wellbore or the area within the cone of influence, whichever is greater together with a demonstration, unless previously demonstrated to the commission or to the United States Environmental Protection Agency, that the fault is not sufficiently transmissive or vertically extensive to allow migration of hazardous constituents out of the injection zone. (3) -(5) (No change.) (b)-(c) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on July 29, 1991. TRD-9108973 Jim Haley Director, Legal Division Texas Water Commission Earliest possible date of adoption: September 2, 1991 For further information, please call: (512) 463-8069 Chapter 335. Industrial Solid Waste and Municipal Hazardous Waste The Texas Water Commission (TWC) proposes amendments to ssec.335.1, 335.2, 335.43, 335.202, 335.204-335.205, and new sec.sec.335.180-335.183, concerning industrial solid waste and municipal hazardous waste. The new sections are proposed in order to incorporate new provisions of the Texas Solid Waste Disposal Act (TSWDA), Chapter 361, Texas Health and Safety Code Annotated (Vernon's Supplement 1991) recently promulgated by the legislature in Senate Bill 1099, 72th Legislature, 1991. Section 335.1 is proposed to be amended by new definitions applicable to 31 Texas Administrative Code, Chapter 335, entitled Industrial Solid Waste and Municipal Hazardous Waste. Section 335.2(c) is proposed to be amended to state that an owner or operator of a solid waste management facility in existence on the effective date of a statutory or regulatory change that subjects the owner or operator to a requirement to obtain a hazardous waste permit or an owner or operator who becomes subject to a requirement to obtain a hazardous waste permit after November 8, 1984, except as provided by the Environmental Protection Agency or TWC relative to termination of interim status, may continue the management activities until the commission denies or approves the application. Subsection (c) is additionally proposed to state that if a solid waste facility which has been receiving waste from off-site sources has become a commercial hazardous waste management facility as a result of the federal toxicity characteristic rule and is required to obtain a hazardous waste permit, such a facility, if qualified for interim status, is limited to those activities that qualify it for interim status until the facility obtains the hazardous waste permit. The language in subsection (c) stating that it applies to any person who has commenced on-site storage, processing, or disposal of hazardous waste on or before November 19, 1980, is proposed to be deleted. Subsection (c) also has deletions and new language proposed in order to make it applicable to owners and operators of solid, rather than hazardous, waste management facilities. There are a few minor language deletions and amendments to subsection (c) for clarification purposes. Section 335.43(b) is proposed to be amended to state that an owner or operator of a solid waste management facility in existence on the effective date of a statutory or regulatory change that subjects the owner or operator to a requirement to obtain a hazardous waste permit or an owner or operator who becomes subject to a requirement to obtain a hazardous waste permit after November 8, 1984, except as provided by the Environmental Protection Agency or TWC relative to termination of interim status, may continue the management activities until the commission denies or approves the application. Subsection (b) is additionally proposed to state that if a solid waste facility which has been receiving waste from off-site sources has become a commercial hazardous waste management facility as a result of the federal toxicity characteristic rule and is required to obtain a hazardous waste permit, such a facility, if qualified for interim status, is limited to those activities that qualify it for interim status until the facility obtains the hazardous waste permit. The language in subsection (b) stating that it applies to any person who has commenced on-site storage, processing, or disposal of hazardous waste on or before November 19, 1980, is proposed to be deleted. There are a few minor language deletions and amendments to subsection (b) for clarification purposes, including an update to the citation to the TSWDA. Section 335.180 is proposed to delineate criteria which may be considered by TWC in determining compatibility of a facility with local land uses. Section 335.181 is proposed to require TWC to determine the need for the specific technology proposed by the facility in evaluating an application for a new commercial hazardous waste management facility. Section 335.182 is proposed to provide standards by which TWC may determine whether an applicant is required to pay for road improvements due to the facility's use of the roads. Section 335.183 provides standards for evaluation by TWC of the applicant's proposed emergency response facilities. Section 335.202 is proposed to be amended by the definition of commercial hazardous waste management facility. Section 335.204(a) is proposed to be amended to state that a storage or processing facility may not be located in the 100-year floodplain unless it is designed, constructed, operated, and maintained to prevent physical transport of any hazardous waste by a 100-year flood event. The term "washout" is proposed to be deleted. Subsection (b)(1) is proposed to state that a land treatment facility may not be located in the 100-year floodplain unless it is designed, constructed, operated, and maintained to prevent physical transport of any hazardous waste by a 100-year flood event. The term "washout" is proposed to be deleted. Subsection (b)(6) is proposed to add day care centers and any surface water body used for a public drinking supply to its list of location exclusions for land treatment facilities. Additionally, the rule provides that the measurement of distances required for a new hazardous waste land treatment facility shall be taken from a perimeter around the proposed new hazardous waste land treatment unit; the perimeter may not be more than 75 feet from the edge of the proposed new hazardous waste landfill unit. Subsection (c) is proposed to be amended to state that a waste pile may not be located in the 100-year floodplain unless it is designed, constructed, operated, and maintained to prevent physical transport of any hazardous waste by a 100-year flood event. The term "washout" is proposed to be deleted. Subsection (d) is proposed to be amended to state that a storage surface impoundment may not be located in the 100-year floodplain unless it is designed, constructed, operated, and maintained to prevent physical transport of any hazardous waste by a 100-year flood event. The term "washout" is proposed to be deleted. Subsection (e) is proposed to be amended to state that a landfill may not be located in the 100-year floodplain unless it is designed, constructed, operated, and maintained to prevent physical transport of any hazardous waste by a 100-year flood event. Subsection (e)(1)(A) states that areal expansion of the landfill may be allowed by TWC if the applicant demonstrates to TWC's satisfaction that the facility design will prevent the physical transport of any hazardous waste by a 100-year flood event. Subsection (e)(1)(B) states that a new commercial hazardous waste management facility landfill unit may not be located in a 100-year floodplain unless the applicant demonstrates to the TWC's satisfaction that the facility design will prevent the physical transport of any hazardous waste by a 100-year flood event. Subsection (e)(6) is proposed to add day care centers and any surface water body used for a public drinking supply to its list of location exclusions for landfill facilities. Additionally, the measurement of distance from the landfill unit is a perimeter of not more than 75 feet from the edge of the proposed landfill unit. Section 335.205 is proposed to be amended by new subsections (c)-(h). Subsection (c) is proposed to prohibit the issuance of a permit for a new commercial hazardous waste management facility or the areal expansion of such a facility if the boundary of the unit is to be located within one-half of a mile of an established residence, church, school, day care center, surface water body used for a public drinking water supply, or a dedicated park. Subsection (d) is proposed to state that for a subsequent areal expansion of a new commercial hazardous waste management facility which is required to comply with sec.335. 205(c), distances shall be measured from the place at which such residence, church, school, etc. was located at the time the distance was certified for the original permit. Subsection (e) is proposed to state that no permit shall be issued for a new commercial hazardous waste management facility that is proposed to be located at a distance greater than one-half mile from an established residence, church, school, day care center, surface water body used for a public drinking water supply, or a dedicated park unless the applicant demonstrates to the TWC's satisfaction that the facility will be operated so as to safeguard the public health and welfare and physical property and the environment. Subsection (f) is proposed to state the measurement of distances required under subsections (a), (c), (d) and (e) of this section shall be taken when such residence, church, day care center, etc. was in use when the notice of intent to file a permit application was filed with TWC or, if not notice of intent was filed, when the permit application was filed with TWC. Subsection (g) is proposed to state the method for measuring distances for a subsequent areal expansion of a new commercial hazardous waste management facility that is required to comply with subsections (a), (c), (d) and (e) of this section. Subsection (h) is proposed to state that a permit shall not be issued for a Class I injection well, proposed hazardous waste management facility other than a Class I injection well, or a capacity expansion of an existing facility if a fault exists within specified distances. Subsection (h) also delineates those circumstances where the fault restriction is waived. Section 335.206 is proposed to delete the word "sitting" and replace it with the word "siting." Ms. Karen P. Phillips, director of budget and planning, has determined that for the first five-year period the sections are in effect there will be fiscal implications as a result of enforcing or administering the sections. The effect on state government will be an increase in costs of administration of approximately $470,000 in fiscal year 1992 and $410,000 in each of the fiscal years 1993-1996. These increased costs will be recovered from affected businesses applying for permits and conducting regulated waste management activities through authorized fee assessments and represent a cost to businesses. In addition to these increased regulatory costs recovered, businesses will incur greater costs of development of permit applications due to consideration of additional or more stringent requirements, such as those related to land use, highway access, and availability of emergency response facilities. These costs will vary with the nature, location, and size of a proposed facility, and while not predictable, are not anticipated to significantly increase the costs of development of any specific application. Significantly greater costs may be incurred in complying with specific requirements for mitigating impacts of a proposed facility on local government and infrastructure. An applicant may be required to provide improvements to highways or roads, emergency response facilities, or financial assurance for such facilities. These requirements may represent significant costs to an applicant and will vary with specific applications. Applicants must demonstrate the financial capability to construct and operate a proposed facility and commercial hazardous waste facilities will require an annual environmental audit. It is anticipated that most applicants will incur some modest cost to prepare adequate documentation. Applicants which must develop detailed original financial information, such as those without audited financial statements will incur significantly higher costs that will vary with the size and complexity of the company and the proposed facility. Costs of annual environmental audits will vary with the size and complexity of the facility, but may average $25,000. Audit costs and the costs of the selection process for an auditor may be significantly higher for large, complex operations. Additional requirements for public meetings, hearings, and notice of applications will increase costs for applicants. The cost of providing a local meeting and complying with public notice requirements could be as much as $10, 000 or more in areas where population densities are high, but should be less in rural or less populated areas. No more than 15 public meetings and no more than 30 hearings per year are anticipated. The effects on local government will be equivalent to mitigation of the effects of proposed facilities. Local governments may be the beneficiaries of financial assurance mechanisms established to ensure the provision of adequate local emergency response capabilities or direct compensation for highway or road improvements. These sections as proposed are not anticipated to have any specific effect on small businesses. Ms. Phillips also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be improvement in the regulation of hazardous waste and hazardous waste management activities, the protection of human health and the environment, public participation in the processing of applications for hazardous waste facilities, and enforcement of the authority, regulations, and permit provisions of the Texas Water Commission. There is no anticipated economic costs to persons who are required to comply with the sections as proposed. Comments on the proposal may be submitted to Sally Jo Hahn, Staff Attorney, Legal Division, Texas Water Commission, P.O. Box 13087, Austin, Texas 78711-3087. Comments will be accepted until 5 p.m., 30 days after the date of this publication. To facilitate public comments on the proposed amendments and new sections to Chapter 335, the commission has scheduled several public hearings in various locations as follows to receive comments: New Braunfels Civic Center, 390 South Seguin, on August 15th, at 7 p.m., New Braunfels; El Paso Community College, 9570 Gateway North, Lecture Forum Room, on August 20, 1991, at 9:30 a.m. , El Paso; University of Texas at Tyler, 3900 University Boulevard, University Center, Room 134, at 2 p.m., Tyler; Midlothian High School, 925 South Ninth Street, Auditorium, on August 20, 1991, at 7:30 p.m., Midlothian; William B. Travis Building, 1701 North Congress Avenue, Room 1-100, on August 22, 1991, at 2 p.m., Austin; LaPort Kennedy Center, 618 San Jacinto Street, on August 22, 1991, at 2 p.m., LaPorte; Texas City Nessler Center, 2010 Fifth Avenue North, Atlantic Room, on August 22, 1991, at 7 p.m., Texas City. Persons participating in the public hearing are encouraged to summarize their testimony in written presentations. Subchapter A. Industrial Solid Waste and Municipal Hazardous Waste Management 31 TAC sec.sec.335.1, s335.2 amendments are proposed under the Texas Water Code, sec.5.104 and sec.26. 011, which gives the commission the authority to adopt any rules necessary to carry out its powers, duties, and policies and to protect water quality in the state. The sections are also proposed under the TSWDA, sec.3 and sec.4, which gives the commission the authority to regulate industrial solid wastes and hazardous municipal solid wastes and to adopt rules and promulgate rules consistent with the general intent and purposes of the Act. sec.335.1. Definitions.
                                                                                                                            The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Commercial hazardous waste management facility-Any hazardous waste management facility that accepts hazardous waste or PCBs for a charge, except a captured facility or a facility that accepts waste only from other facilities owned or effectively controlled by the same person, where "captured facility" means a manufacturing or production facility that generates an industrial solid waste or hazardous waste that is routinely stored, processed, or disposed of on a shared basis in an integrated waste management unit owned, operated by, and located within a contiguous manufacturing complex. Hazardous waste management facility-All contiguous land, including structures, appurtenances, and other improvements on the land, used for processing, storing, or disposing of hazardous waste. The term includes a publicly or privately owned hazardous waste management facility consisting of processing, storage, or disposal operational hazardous waste management units such as one or more landfills, surface impoundments, waste piles, incinerators, boilers and industrial furnaces, including cement kilns, injection wells, salt dome waste containment caverns, land treatment facilities, or a combination of units. Hazardous waste management unit-A landfill, surface impoundment, waste pile, industrial furnace, incinerator, cement kiln injection well, container, drum, salt dome waste containment cavern, or land treatment unit, or any other structure, vessel, appurtenance, or other improvement onland used to manage hazardous waste. Industrial furnace -Includes cement kilns, lime kilns, aggregate kilns, phosphate kilns, coke ovens, blast furnaces, smelting, melting, or refining furnaces, including pyrometallurgical devices such as cupolas, reverberator furnaces, sintering machines, roasters, or foundry furnaces, titanium dioxide chloride process oxidation reactors, methane reforming furnaces, pulping recovery furnaces, combustion devices used in the recovery of sulfur values from spent sulfuric acid and other devices the commission may list. PCBs or polychlorinated biPhenyl compounds-Compounds subject to Title 40, Code of Federal Regulations, Part 761. sec.335.2. Permit Required. (a)-(b) (No change.) (c) Any [person who has commenced on-site storage, processing, or disposal of a hazardous waste on or before November 19, 1980, and] owner or operator of a solid waste management facility that is in existence on the effective date of a statutory or regulatory change that subjects the owner or operator to a requirement to obtain a hazardous waste permit
                                                                                                                              who has filed a hazardous waste permit application with the commission [on or before November 19, 1980, and] in accordance with the rules and regulations of the commission, may continue the storage, processing, or disposal of hazardous waste until such time as the Texas Water Commission approves or denies the application, or, if the owner or operator becomes subject to a requirement to obtain a hazardous waste permit after November 8, 1984, except as provided by United States Environmental Protection Agency or commission rules relative to termination of interim status. If a solid waste facility which has been receiving waste from off-site sources has become a commercial hazardous waste management facility as a result of the federal toxicity characteristic rule effective September 25, 1990, and is required to obtain a hazardous waste permit, such a facility that qualifies for interim status is limited to those activities that qualify it for interim status until the facility obtains the hazardous waste permit.
                                                                                                                                Owners or operators of municipal hazardous waste facilities which satisfied this requirement by filing an application on or before November 19, 1980, with the United States Environmental Protection Agency are not required to submit a separate application with the Texas Department of Health. Applications filed under this section shall meet the requirements of sec.335.44 of this title (relating to Application for Existing [On-Site] Facilities). Owners and operators of [hazardous] solid
                                                                                                                                  waste management facilities [who have commenced the on-site storage, processing, or disposal of hazardous waste as defined in this subsection, or of hazardous waste management facilities] that are
                                                                                                                                    in existence on the effective date of statutory or regulatory amendments under the Texas Solid Waste Disposal Act, Chapter 361, Texas Health and Safety Code Annotated (Vernon's Supplement 1991), Texas Civil Statutes, Article 4477-7, or the Resource Conservation and Recovery Act of 1976, as amended, 42 United States Code, sec.6901 et seq, that render the facility subject to the requirement to
                                                                                                                                      [have] obtain
                                                                                                                                        a hazardous waste permit, may continue to operate if Part A of their permit application is submitted no later than six months after the date of publication of regulations by the United States Environmental Protection Agency pursuant to the Resource Conservation and Recovery Act of 1976, as amended, which first require them to comply with the standards set forth in Subchapter E of this chapter (relating to Interim Standards for Owners and Operators of Hazardous Waste Storage, Processing, or Disposal Facilities), or Subchapter H of this chapter (relating to Standards for the Management of Specific Wastes and Specific Types of Facilities); or 30 days after the date they first become subject to the standards set forth in these subchapters, whichever first occurs[; or for generators who generate greater than 100 kilograms but less than 1,000 kilograms of hazardous waste in a calendar month and who process, store, or dispose of these wastes on-site, a Part A permit application shall be submitted to the United States Environmental Protection Agency by March 24, 1987, as required by 40 Code of Federal Regulations, sec.270.10(e)(1)(iii)]. This subsection shall not apply to a facility if it has been previously denied a hazardous waste permit or if authority to operate the facility has been previously terminated. Applications filed under this section shall meet the requirements of sec.335.44 of this title (relating to Application for Existing [On-Site] Facilities). For purposes of this subsection, a [person has commenced the on-site storage, processing, or disposal of hazardous waste] solid waste management facility is in existence if the owner or operator has obtained all necessary federal, state, and local preconstruction approvals or permits, as required by applicable federal, state, and local hazardous waste control statutes, regulations, or ordinances; and either: (1)-(2) (No change.) (d)-(i) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on July 29, 1991. TRD-9108974 Jim Haley Director, Legal Division Texas Water Commission Earliest possible date of adoption: September 2, 1991 For further information, please call: (512) 463-8069 Subchapter B. Hazardous Waste Management General Provisions 31 TAC sec.335.43 The amendment is proposed under the Texas Water Code, sec.5.104 and sec.26. 011, which gives the commission the authority to adopt any rules necessary to carry out its powers, duties, and policies and to protect water quality in the state. The sections are also proposed under the TSWDA, sec.3 and sec.4, which gives the commission the authority to regulate industrial solid wastes and hazardous municipal solid wastes and to adopt rules and promulgate rules consistent with the general intent and purposes of the Act. sec.335.43. Permit Required. (a) (No change.) (b) Any [person who has commenced on-site storage, processing, or disposal of hazardous waste on or before November 19, 1980, and] owner or operator of a solid waste management facility that is in existence on the effective date of a statutory or regulatory change that subjects the owner or operator to a requirement to obtain a hazardous waste permit
                                                                                                                                          who has filed a hazardous waste permit application with the commission [on or before November 19, 1980, and] in accordance with the rules and regulations of the commission, may continue the storage, processing, or disposal of hazardous waste until such time as the Texas Water Commission approves or denies the application[.], or, if the owner or operator becomes subject to a requirement to obtain a hazardous waste permit after November 8, 1984, except as provided by the United States Environmental Protection Agency or commission rules relative to termination of interim status. If a solid waste facility which has been receiving waste from off-site sources has become a commercial hazardous waste management facility as a result of the federal toxicity characteristic rule effective September 25, 1990, and is required to obtain a hazardous waste permit, such a facility that qualifies for interim status is limited to those activities that qualify it for interim status until the facility obtains the hazardous waste permit
                                                                                                                                            . Owners and operators of [hazardous] solid
                                                                                                                                              waste management facilities [who have commenced the on-site storage, processing, or disposal of hazardous waste as defined in subsection (c) of this section, or of hazardous waste management facilities] that are
                                                                                                                                                in existence on the effective date of statutory or regulatory amendments under the Solid Waste Disposal Act, Texas Civil Statutes, Article 4477-7, or the Resource Conservation and Recovery Act of 1976, as amended, 42 United States Code, sec.6901 et seq, that render the facility subject to the requirement to obtain
                                                                                                                                                  [have] a hazardous waste permit, may continue to operate if Part A of their permit application is submitted no later than: (1)-(3) (No change.) (c)-(e) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on July 29, 1991. TRD-9109003 Jim Haley Director, Legal Division Texas Water Commission Earliest possible date of adoption: September 2, 1991 For further information, please call: (512) 463-8069 Subchapter F. Permitting Standards for Owners and Operators of Hazardous Waste Storage, Processing, or Disposal Facilities 31 TAC sec.sec.335.180-335.183 The new sections are proposed under the Texas Water Code, sec.5.104 and sec.26.011, which gives the commission the authority to adopt any rules necessary to carry out its powers, duties, and policies and to protect water quality in the state. The sections are also proposed under the TSWDA, sec.3 and s4, which gives the commission the authority to regulate industrial solid wastes and hazardous municipal solid wastes and to adopt rules and promulgate rules consistent with the general intent and purposes of the Act. sec.335.180. Impact of New Hazardous Waste Management Facilities on Local Land Use.
                                                                                                                                                    In evaluating an application for a new hazardous waste management facility permit, the commission shall assess the impact of the proposed facility on local land use in the area, including any relevant land use plans in existence before publication of the notice of intent to file a solid waste permit application, or, if no notice of intent is filed, at the time the permit application is filed. (1) In determining whether a new hazardous waste management facility is compatible with local land use, the commission shall consider, at a minimum: (A) the location of industrial and other waste-generating facilities in the area; (B) the amounts of hazardous waste generated by those facilities; (C) the risks associated with the transportation of hazardous waste to the facility; and (D) compatibility of the application with any land use plan adopted pursuant to the Texas Local Government Code, Chapter 211 (Vernon's Supplement 1991) or with local planning, zoning, or land use laws and ordinances, in existence before publication of the notice of intent to file a solid waste permit application, or, if no notice of intent is filed, at the time the permit application is filed. (2) In addition, the commission may consider any of the following criteria in determining compatibility of a facility with local land use: (A) the risk of fires or explosions from improper storage and disposal methods; (B) the distance from the site boundary to existing structures; (C) potential effects on natural, scenic, historic, aesthetic, or environmentally sensitive areas; and (D) location of the facility in relation to high-hazard areas such as 100-year hurricane flood zones. (3) Based on its assessment of the application with respect to local land use, the commission may deny an application in accordance with sec.305.66(i) of this title (relating to Revocation and Suspension) or impose permit conditions deemed necessary to minimize or mitigate detrimental impacts on local land use, in accordance with sec.305.148 of this title (relating to impact of New Hazardous Waste Management Facilities on Local Land Use). sec.335.181. Need for Specific Commercial Hazardous Waste Management Technologies.
                                                                                                                                                      In evaluating an application for a new commercial hazardous waste management facility permit, the commission shall determine the need for the specific technology proposed in the facility to manage new or increased volumes of waste generated in the state, in accordance with the Texas Solid Waste Disposal Act, sec.361.0232. sec.335.182. Burden on Public Roadways by a New Commercial Hazardous Waste Management Facility.
                                                                                                                                                        In evaluating an application for a new commercial hazardous waste management facility permit, if the commission determines that a burden on public roadways will be imposed by the new commercial hazardous waste management facility, the commission shall require the applicant to pay the cost of the improvements necessary to minimize or mitigate the burden. The standards by which the commission shall make such a determination may include, but are not limited to, the requirements found in any of the following: (1) Policy on Geometric Design of Highways and Streets, published by the American Association of State Highways and Transportation Officials (1990); (2) Texas Manual on Uniform Traffic Control Devices; (3) Highway Capacity Manual, published by the National Highway Institute; (4) Highway Design Division and Procedures Manual, published by the Texas Department of Highways and Public Transportation; and (5) Texas Flexible Pavement Design System. sec.335.183. Emergency Response Capabilities Required for New Commercial Hazardous Waste Management Facilities. (a) In evaluating an application for a new commercial hazardous waste management facility permit, the commission shall verify that: (1) sufficient emergency response capabilities are available or will be available before the facility first receives waste, in the area in which the facility is located or proposed to be located; or (2) the applicant has secured sufficient financial assurance in accordance with sec.305.50(12)(C)(ii) or (D) of this title (relating to Additional Requirements for an Application for a Solid Waste Permit) to fund the emergency response personnel and equipment determined to be necessary by the commission, to manage a reasonable worst-case emergency condition associated with the operation of the facility. (b) If the applicant for a new commercial hazardous waste management facility intends to use emergency response facilities that are not provided by the county or municipality in which the facility is located, the applicant must provide its own facilities or contract for emergency response facilities with an adjoining county, municipality, mutual aid association, or other appropriate entity. An appropriate entity would be defined as a professional organization, existing at the time of application, regularly doing business in the area of emergency and/or disaster response. (c) If financial assurance is required pursuant to this section, it shall meet the following requirements. (1) The financial assurance must benefit the county government or municipal government in the county in which the facility is located or proposed to be located, or both. (2) The financial assurance must provide payment of the amount of the bond or other instrument to the governmental body or governmental bodies before the facility first receives waste, with a limitation that the money can only be spent for emergency response personnel and equipment. (3) The financial assurance must meet the requirements of sec.305.50(12)(C)(ii) or (D). (d) In evaluating the sufficiency of emergency response capabilities, the commission shall consider the following: (1) geology of the area; (2) drainage patterns; (3) seasonally prevailing winds and weather patterns; (4) availability of all local emergency response resources, including fire, police hospital, etc. service; (5) proximity of human exposure and/or sensitive environmental receptors; (6) length of time for first response; (7) trained response teams on-site (OSHA specialist level), with a 24-hour response team; (8) the amount of equipment and trained personnel available on a first-response basis, including the minimum amount of equipment on hand or available near the facility with hazardous materials capabilities; (9) the ability to deal with various types of injuries; (10) the ability to respond effectively to environmental contamination; and (11) the efficiency and safety of any evacuation plan submitted by the applicant. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on July 29, 1991. TRD-9108975 Jim Haley Director, Legal Division Texas Water Commission Earliest possible date of adoption: September 2, 1991 For further information, please call: (512) 463-8069 Subchapter G. Location Standards for Hazardous Waste Storage, Processing, or Disposal 31 TAC sec.sec.335.202, 335.204, 335.205 The amendments are proposed under the Texas Water Code, s5.104 and sec.26. 011, which gives the commission the authority to adopt any rules necessary to carry out its powers, duties, and policies and to protect water quality in the state. The sections are also proposed under the TSWDA, sec.3 and sec.4, which gives the commission the authority to regulate industrial solid wastes and hazardous municipal solid wastes and to adopt rules and promulgate rules consistent with the general intent and purposes of the Act. sec.335.202. Definitions.
                                                                                                                                                          The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Commercial hazardous waste management facility-Any hazardous waste management facility that accepts hazardous waste or PCBs for a charge, except a captured facility or a facility that accepts waste only from other facilities owned or effectively controlled by the same person, where "captured facility" means a manufacturing or production facility that generates an industrial solid waste or hazardous waste that is routinely stored, processed, or disposed of on a shared basis in an integrated waste management unit owned, operated by, and located within a contiguous manufacturing complex. sec.335.204. Unsuitable Site Characteristics. (a) Storage or processing facilities (excluding storage surface impoundments). (1) A storage or processing facility (excluding storage surface impoundments) may not be located in the 100-year floodplain unless it is designed, constructed, operated, and maintained to prevent physical transport
                                                                                                                                                            [washout] of any hazardous waste by a 100-year flood event. "Physical transport" does not include movement of hazardous waste by an owner or operator to move the hazardous waste to safety during the threat of a 100-year flood event. (2)-(9) (No change.) (b) Land treatment facilities. (1) A land treatment facility may not be located in the 100-year floodplain unless it is designed, constructed, operated, and maintained to prevent physical transport
                                                                                                                                                              [washout] of any hazardous waste by a 100-year flood event. A new commercial hazardous waste management facility land treatment unit may not be located in a 100-year floodplain, unless the applicant demonstrates to the satisfaction of the commission that the facility design will prevent the physical transport of any hazardous waste by a 100-year flood event. (2)-(5) (No change.) (6) A land treatment facility may not be located within 1,000 feet of an established residence, church, school, day care center, surface water body used for a public drinking water supply
                                                                                                                                                                or dedicated public park which is in use at the time the notice of intent to file a permit application is filed with the commission, or if no such notice is filed, at the time the permit application is filed with the commission. The measurement of distances required for a new hazardous waste land treatment facility shall be taken from a perimeter around the proposed new hazardous waste land treatment. The perimeter shall be not more than 75 feet from the edge of the proposed new hazardous waste landfill unit.
                                                                                                                                                                  [This provision shall not apply to any facility for which a notice of intent to file an application, or an application, has been filed with the commission as of September 1, 1985.] (7)-(12) (No change.) (c) Waste piles. (1) A waste pile may not be located in the 100-year floodplain unless it is designed, constructed, operated, and maintained to prevent physical transport
                                                                                                                                                                    [washout] of any hazardous waste by a 100-year flood event. "Physical transport" does not include movement of hazardous waste by an owner or operator to move the hazardous waste to safety during the threat of a 100-year flood event. (2)-(11) (No change.) (d) Storage surface impoundments. (1) A storage surface impoundment may not be located in the 100-year floodplain unless it is designed, constructed, operated, and maintained to prevent physical transport
                                                                                                                                                                      [washout] of any hazardous waste by a 100-year flood event. "Physical transport" does not include movement of hazardous waste by an owner or operator to move the hazardous waste to safety during the threat of a 100-year flood event. (2)-(11) (No change.) (e) Landfills. Any surface impoundment to be closed as a landfill (where wastes will remain after closure of the impoundment) is subject to the requirements for landfills. (1) Except as provided in subparagraphs (A) and (B) of this paragraph,
                                                                                                                                                                        a landfill may not be located in the 100-year floodplain existing prior to site development except in areas with flood depths less than three feet. Any landfill within the 100-year floodplain must be designed, constructed, operated, and maintained to prevent physical transport
                                                                                                                                                                          [washout] of any hazardous waste by a 100-year event. (A) The areal expansion of a landfill in a 100-year floodplain may be allowed by the commission if the applicant demonstrates to the satisfaction of the commission that the facility design will prevent the physical transport of any hazardous waste by a 100-year flood event. (B) A new commercial hazardous waste management facility landfill unit may not be located in a 100-year floodplain, unless the applicant demonstrates to the satisfaction of the commission that the facility design will prevent the physical transport of any hazardous waste by a 100-year flood event. (2)-(5) (No change.) (6) A landfill may not be located within 1,000 feet of an established residence, church, school, day care center, surface water body used for a public drinking water supply,
                                                                                                                                                                            or dedicated public park which is in use at the time the notice of intent to file a permit application is filed with the commission, or if no such notice is filed, at the time the permit application is filed with the commission. The measurement of distances required for a new hazardous landfill shall be taken from a perimeter around the proposed new hazardous waste landfill. The perimeter shall be not more than 75 feet from the edge of the proposed new hazardous waste landfill unit.
                                                                                                                                                                              [This provision shall not apply to a facility for which a notice of intent to file an application, or an application, has been filed with the commission as of September 1, 1985.] (7)-(9) (No change.) (10) A landfill may not be located within 1,000 feet of an area subject to active coastal shoreline erosion, if the area is protected by a barrier island or peninsula, unless the design, construction, and operational features of the facility will prevent
                                                                                                                                                                                [present] adverse effects resulting from storm surge and erosion or scouring by water. On coastal shorelines which are subject to active shoreline erosion and which are unprotected by a barrier island or peninsula, a separation distance from the shoreline to the facility must be at least 5,000 feet unless the design, construction, and operational features of the facility will prevent adverse effects resulting from storm surge and erosion or scouring by water. (11)-(14) (No change.) (f) (No change.) sec.335.205. Prohibition of Permit Issuance. (a)-(b) (No change.) (c) No permit shall be issued for a new commercial hazardous waste management facility as defined in sec.335.202 of this title (relating to Definitions) or the subsequent areal expansion of such a facility or unit of that facility if the boundary of the unit is to be located within one-half of a mile (2,640 feet) of an established residence church school day care center surface water body used for a public drinking water supply or dedicated public park.
                                                                                                                                                                                  [Nothing in this subchapter shall be construed to require the commission to issue a permit, notwithstanding a finding that the proposed facility would satisfy the requirements of sec.335.203 of this title (relating to Site Selection to Protect Groundwater or Surface Water) and notwithstanding the absence of site characteristics which would disqualify the site from permitting pursuant to sec.335.204 of this title (relating to Unsuitable Site Characteristics).] (d) For a subsequent areal expansion of a new commercial hazardous waste management facility that is required to comply with subsection (c) of this section, distances shall be measured from a residence, church school, day care center surface water body used for a public drinking water supply or dedicated public park only if such structure, water supply, or park was in place at the time the distance was certified for the original permit. (e) No permit shall be issued for a new commercial hazardous waste management facility that is proposed to be located at a distance greater than one-half mile (2,640 feet) from an established residence, church school, day care center, surface water body used for a public drinking water supply, or dedicated public park unless the applicant demonstrates to the satisfaction of the commission that the facility will be operated so as to safeguard public health and welfare and protect physical property and the environment, at any distance beyond the facility's property boundaries. (f) The measurement of distances required in subsections (a), (c), (d), and (e) of this section shall be taken toward an established residence church school day care center surface water body used for a public drinking water supply, or dedicated park that is in use when the notice of intent to file a permit application is filed with the commission or, if no notice of intent is filed when the permit application is filed with the commission. The restrictions imposed by subsections (a), (c), (d), and (e) of this section do not apply to a residence, church, school, day care center, surface water body used for a public drinking supply, or dedicated park located within the boundaries of a commercial hazardous waste management facility, or property owned by the permit applicant. (g) The measurement of distances required in subsections (a), (c), (d), and (e) of this section shall be taken from a perimeter around the proposed hazardous waste management unit. The perimeter shall be not more than 75 feet from the edge of the proposed hazardous waste management unit. (h) No permit shall be issued for a Class I injection well, a proposed hazardous waste management facility other than a Class I injection well, or a capacity expansion of an existing hazardous waste management facility if a fault exists within two and one-half miles from the proposed or existing wellbore of the Class I injection well or the area within the cone of influence whichever is greater or if a fault exists within 3, 000 feet of the proposed hazardous waste management facility other than a Class I injection well or of the capacity expansion of an existing hazardous waste management facility unless the applicant demonstrates to the satisfaction of the commission unless previously demonstrated to the commission or to the United States Environmental Protection Agency, that: (1) in the case of Class I injection wells that the fault is not sufficiently transmissive or vertically extensive to allow migration of hazardous constituents out of the injection zone; or (2) in the case of a proposed hazardous waste management facility other than a Class I injection well or for a capacity expansion of an existing hazardous waste management facility, that: (A) the fault has not displacement within Holocene time or if faults have had displacement within Holocene time that no such faults pass within 200 feet of the portion of the surface facility where treatment storage or disposal of hazardous wastes will be conducted; and (B) the fault will not result in structural instability of the surface facility or provide for groundwater movement to the extent that there is endangerment to human health or the environment. (i) Nothing in this subchapter shall be construed to require the commission to issue a permit notwithstanding a finding that the proposed facility would satisfy the requirements of sec.335.203 of this title (relating to Site Selection to Protect Groundwater or Surface Water) and notwithstanding the absence of site characteristics which would disqualify the site from permitting pursuant to sec.335.204 of this title (relating to Unsuitable Site Characteristics). This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on July 29, 1991. TRD-9108976 Jim Haley Director, Legal Division Texas Water Commission Earliest possible date of adoption: September 2, 1991 For further information, please call: (512) 463-8069 Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 4. AGRICULTURE Part II. Animal Health Commission Chapter 35. Brucellosis Subchapter A. Eradication of Brucellosis in Cattle 4 TAC sec.35.2 The Texas Animal Health Commission adopts an amendment to sec.35.2, with changes to the proposed text as published in the May 24, 1991, issue of the Texas Register (16 TexReg 2859). Clarification was added in sec.35.2(b)(9) by referring the reader to a specific portion of the regulation. The amendment was necessary to provide for nonvaccinated cattle that react to the card test at a livestock market to be retested using the Concentration Immunoassay Test (CITE). If nonvaccinated cattle are card-positive and CITE-negative, they may be returned to the premise of origin for further tests or sold to slaughter or quarantined feedlot. Cattle consigned to livestock markets with card-positive, CITE-negative cattle may move unrestricted after sale. No comments were received regarding adoption of the amendment. The amendment is adopted under the Agriculture Code, Texas Civil Statutes, Chapters 161 and 163, which provides the commission with authority to adopt rules and sets forth the duties of this commission to protect livestock in the state from disease. sec.35.2. General Requirements. (a) (No change.) (b) Classification of cattle. Cattle shall be classified by approved personnel by an evaluation of titer responses for all cattle to serological tests, or by identification of Brucella abortus in specimens taken from these cattle. The following serological tests may be used for the classification of cattle: (1)-(8) (No change.) (9) Concentration immunoassay test (CITE). Used as a supplemental test in market channels where cattle have been disclosed as positive by use of the card test. CITE positive animals will be considered as reactors and the remainder of the consignment be considered as exposed and moved in accordance with subsection (i)(2) of this section. (10) (No change.) (c)-(d) (No change.) (e) Requirements of a market test. (1)-(6) (No change.) (7) Cattle which show a positive reaction to the card test shall have another blood sample collected from them by an inspector. The inspector will conduct another card test and the CITE test or deliver the sample to a laboratory for a PCFIA test. If negative to the CITE or PCFIA tests the officially vaccinated cattle shall be classified negative for intrastate movement only and marked on the hip with yellow paint. If negative to the CITE or PCFIA tests, the nonvaccinated cattle shall be classified as suspect(s) and may be permitted to return to the premises of origin under hold order for retest or be "S" branded and permitted to slaughter or to a quarantined feedlot. The remainder of the consignment may move unrestricted. Samples tested with the CITE test shall then be submitted to a state/federal laboratory in a vacutainer for supplemental testing and accompanied by a completed Form 91-28 which lists only the card positive cattle. (f)-(k) (No change.) (1) Requirements following classification of a dairy or a beef animal or a bison as a reactor or a suspect. (1) The herd of which the reactor or the suspect was a part shall be placed under quarantine. An adjacent or high risk herd may be placed under quarantine. (2) All cattle in the herd except bulls less than 18 months of age, steers, and spayed heifers are included in the quarantine. Any movement of quarantined cattle shall conform to subsections (h) and (i) of this section concerning identification and movement of reactor, exposed or suspect cattle. Release of the quarantine will be as described in paragraph (7) of this subsection. (3) An initial test of the herd which contained the reactor(s) or the suspect(s) and/or any other affected, adjacent or high risk herds will be conducted within a time set by state-federal personnel upon consultation with each herd owner. If the executive director determines, based on epidemiological principles, that immediate action is necessary, the time for testing may be set without consultation with the herd owner. Herds not adjacent to, but within one-fourth mile of the boundary of an infected herd, may be exempt from the testing requirement if epidemiological evidence supports and exemption. (4)-(8) (No change.) (m) Official vaccination requirements. (1)-(3) (No change.) (4) Requirements for vaccination of adult females in noninfected herds. Vaccination will be done by State/Federal personnel following a negative test within 10 days prior to adult vaccination. A hold order will be placed on adult vaccinates at time of vaccination. Each animal may be released following its negative classification. (n)-(u) (No change.) 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 July 9, 1991. TRD-9108879 Terry Beals, DVM Executive Director Texas Animal Health Commission Effective date: August 19, 1991 Proposal publication date: May 24, 1991 For further information, please call: (512) 479-6697 TITLE 16. ECONOMIC REGULATION Part IV. Texas Department of Licensing and Regulation Chapter 69. Manufactured Housing Division Titling 16 TAC sec.69.208 The Texas Department of Licensing and Regulation adopts an amendment to sec.69.208, without changes to the proposed text as published in the January 29, 1991, issue of the Texas Register (16 TexReg 407). The amendment is adopted to set procedures for filing of tax liens on manufactured homes by taxing units. The amended section will allow a collector less burden on filing tax liens by not requiring a separate lien for each taxing unit. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 5221f, which provide the commissioner of the Texas Department of Licensing and Regulation with the authority to promulgate rules necessary to effectuate the purpose of the Act. 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 July 24, 1991. TRD-9108883 Larry E. Kosta Executive Director Texas Department of Licensing and Regulation Effective date: August 15, 1991 Proposal publication date: January 29, 1991 For further information, please call: (512) 463-3127 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 31. Special Supplemental Food Program for Women, Infants, and Children (WIC) 25 TAC sec.31.1 The Texas Department of Health (department) adopts under federal mandate an amendment to sec.31.1, concerning the Special Supplemental Food Program for Women, Infants, and Children (WIC). Section 31.1 adopts by reference the federal regulations concerning the WIC Program. There are amendments to both the text of the sections and to the material adopted by reference. Concerning sec.31.1, the amendments to the federal regulations are as follows. The first amendment is to the Federal regulations which were initially promulgated by the United States Department of Agriculture (USDA) and published in 7 Code of Federal Regulations (CFR), Part 246. The first amendment incorporates the recent changes to 7 Code of Federal Regulations Part 3016, by the USDA, in order to establish uniform administrative rules for Federal grants and cooperative agreements and subawards to State, local, and Indian tribal governments. This change became effective on January 1, 1989. The second amendment incorporates the annual update of the Department of Health and Human Services Federal poverty income guidelines to be used by programs in determining the financial eligibility of recipients. The guidelines were published in the Federal Register, Volume 56, No. 34, dated Wednesday, February 20, 1991, and became effective on that date. The amendments are adopted under federal mandate for the following reasons. Under federal and state enabling legislation (The Federal Child Nutrition Act of 1966, 42 United States Code Annotated, sec.1786; the Commodity Distribution Reforms Act and WIC Amendments of 1987, Public Law 100-237; the Texas Omnibus Hunger Act of 1985, Acts 1985, 69th Legislature, Chapter 150, Title II, as amended by Acts 1989, 71st Legislature, Chapter 875, sec.1), the WIC program is governed by federal regulations and is 96% federally funded. Funds are made available to the department by a grant from the USDA. The federal statute (42 United States Code Annotated, sec.1786), the federal regulations (7 Code of Federal Regulations Part 246), and the federal grant (Federal-State Special Supplemental Food Program Agreement) authorize the USDA to make the funds available to the department to administer the WIC program in the State of Texas, provided that the department administers the program in accordance with USDA requirements. The latest changes in USDA requirements are the previously mentioned changes. Therefore, the department is adopting the amendments under federal mandate on the dates previously mentioned. The amendments are adopted under the following statutes and regulations which provide the Texas Board of Health with the authority to adopt rules covering the Special Supplemental Food Program for Women, Infants, and Children: The Texas Omnibus Hunger Act of 1985, Acts 1985, 69th Legislature, Chapter 150, Title II, as amended by Acts 1989, 71st Legislature, Chapter 875, s1; Texas Codes Annotated, Human Services Code, Chapter 33; The Health and Safety Code, sec.12. 001; The Child Nutrition Act of 1966, 42 United States Code Annotated, sec.1786; the Commodity Distribution Reforms Act and Amendments of 1987 (Public Law 100-237); and 7 Code of Federal Regulations Part 246. sec.31.1. Federal Regulations on Special Supplemental Food Program for Women, Infants, and Children (WIC). (a) The Texas Department of Health adopts by reference the United States Department of Agriculture regulations on the Special Supplemental Food Program for Women, Infants, and Children (WIC). These regulations are contained in the Federal Register publication entitled "Special Supplemental Food Program for Women, Infants, and Children" dated February 13, 1985, as amended January 1, 1989 and February 20, 1991. (b)-(c) (No change). 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 July 24, 1991. TRD-9108868 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: February 20, 1991 For further information, please call: (512) 458-7444 25 TAC sec.31.3 The Texas Department of Health (department) adopts under federal mandate an amendment to sec.31.3, concerning the Special Supplemental Food Program for Women, Infants, and Children (WIC). Section sec.31.3 adopts by reference the WIC Policy and Procedure Manual. The amendments are to both the text of the sections and to the material adopted by reference. Section 31.3 adopts by reference the WIC Policy and Procedure Manual as part of the WIC State Plan of Operations which the USDA approves under authority of 7 Code of Federal Regulations Part 246. The manual incorporates all of the requirements of the federal regulations and federal management circulars into state policies and procedures. The manual is provided to and serves as the operating manual for the local health agencies that have contracts with the department to provide WIC services. The amendments incorporate into the WIC Policy and Procedure Manual, new and revised USDA policies which became effective on May 1, 1991. The new and amended policies regard adjunctive income eligibility for participants of aid for families with dependent children (AFDC), food stamps and Medicaid; Texas WIC poverty guideline; Texas WIC poverty guideline for Collin County; breastfeeding standards, local breastfeeding coordinator, breastfeeding training, breastfeeding promotion expenditures; and conflict of interest, concerning local agency officials. The effective date of this amendment is May 1, 1991. The amendments are adopted under federal mandate for the following reasons. Under federal and state enabling legislation (The Federal Child Nutrition Act of 1966, 42 USCA, sec.1786; the Commodity Distribution Reforms Act and WIC Amendments of 1987, Public Law 100-237; the Texas Omnibus Hunger Act of 1985, Acts 1985, 69th Legislature, Chapter 150, Title II, as amended by Acts 1989, 71st Legislature, Chapter 875, sec.1), the WIC program is governed by federal regulations and is 96% federally funded. Funds are made available to the department by a grant from the USDA. The federal statute (42 USCA, sec.1786), the federal regulations (7 Code of Federal Regulations Part 246), and the federal grant (Federal-State Special Supplemental Food Program Agreement) authorize the USDA to make the funds available to the department to administer the WIC program in the State of Texas, provided that the department administers the program in accordance with USDA requirements. The latest changes in USDA requirements are the previously mentioned changes. Therefore, the department is adopting the amendments under federal mandate on the dates previously mentioned. The amendments are adopted under the following statutes and regulations which provide the Texas Board of Health with the authority to adopt rules covering the Special Supplemental Food Program for Women, Infants and Children: The Texas Omnibus Hunger Act of 1985, Acts 1985, 69th Legislature, Chapter 150, Title II, as amended by Acts 1989, 71st Legislature, Chapter 875, s1; Texas Codes Annotated, Human Services Code, Chapter 33; The Health and Safety Code, sec.12. 001; The Child Nutrition Act of 1966, 42 United States Code Annotated, sec.1786; the Commodity Distribution Reforms Act and Amendments of 1987 (Public Law 100-237); and 7 Code of Federal Regulations Part 246. sec.31.3. WIC Policy and Procedure Manual. (a) The Texas Department of Health (department) adopts by reference the publication titled, "WIC Policy and Procedure Manual", which the department developed, as amended May 1, 1991. This plan has been developed by the department's WIC Program and approved by the United States Department of Agriculture. (b) (No change.) 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 July 24, 1991. TRD-9108869 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: May 1, 1991 For further information, please call: (512) 458-7444 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part IX. Texas Water Commission Chapter 331. Underground Injection Control Subchapter D. Standards for Class I Wells 31 TAC sec.331.63 The Texas Water Commission (TWC) adopts an amendment to s331.63 with changes to the proposed text as published in the May 24, 1991, issue of the Texas Register (16 TexReg 2868). The TWC is adopting this amendment with one change to subsection (c). The word "differential" will not be adopted in this subsection. The difference between the positive pressure on the annulus and the injection pressure is the differential pressure. Therefore, having the word "differential" in subsection (c) may cause confusion. This section is amended in order to correct the regulations promulgated in the June 20, 1989, issue of the Texas Register (14 TexReg 3051) which had incorrectly stated that subsections (b)-(d) of sec.331.63 were adopted without changes. However, the TWC had intended to adopt subsections (b)-(c) with changes and subsection (d) without changes. This amendment corrects subsections (b)-(d) by adopting the intended changes. The TWC received one written comment from TU Services. TU Services requested clarification of the term "differential" as stated in subsection (c). TU Services asked whether the differential pressure must be greater than the injection pressure. The TWC did not intend subsection (c) to require that the differential pressure be greater than the injection pressure. Rather, subsection (c) is intended to require that the annulus pressure be greater than the injection pressure. The TWC, as stated above, believes that the term "differential" has caused confusion as to the interpretation of subsection (c) and, therefore, is proposing that subsection (c) be adopted without the term. The amendment is adopted under the Texas Water Code, sec.5.103 and sec.5.105, which provide the TWC with the authority to adopt any rules necessary to carry out its powers and duties under the Texas Water Code and other laws of the State of Texas, and to establish and approve all general policy of the TWC. In addition, the Texas Water Code, sec.27.019, authorizes the TWC to adopt rules and procedures reasonably required for the performance of its powers and duties under Chapter 27. The TWC is designated as the state agency which manages injection wells which are not within the jurisdiction of the Railroad Commission. As such, the TWC is required to maintain the quality of fresh water in the state to the extent consistent with the public health and welfare, the operation of existing industries and the economic development of the state, to prevent underground injection that may pollute fresh water, and to require the use of all reasonable methods to implement this policy. sec.331.63. Operating Requirements. (a) Injection pressure at the wellhead shall not exceed a maximum which shall be calculated so as to assure that the pressure in the injection zone during injection does not initiate new fractures or propagate existing fractures in the injection zone, initiate new fractures or propagate existing fractures in the confining zone, or cause movement of fluid out of the injection zone that may pollute USDWs, and fresh or surface water. (b) Injection between the outermost casing protecting USDWs, and fresh or surface water and the wellbore is prohibited. (c) The tubing-long string casing annulus shall be filled with a fluid approved by the commission. A positive pressure greater than the injection tubing pressure shall be maintained on the annulus to detect well malfunctions, unless the executive director determines that such a requirement might harm the integrity of the well. (d)-(k) (No change.) 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 July 29, 1991. TRD-9108967 Jim Haley Director, Legal Division Texas Water Commission Effective date: August 19, 1991 Proposal publication date: May 24, 1991 For further information, please call: (512) 463-8069 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 27. Intermediate Care Facility for Mentally Retarded Subchapter CC. Special Criteria for Facilities with 15 Beds or Fewer 40 TAC sec.27.2801 The Texas Department of Human Services (DHS) adopts the repeal of sec.27. 2801, without changes to the proposed text as published in the February 8, 1991, issue of the Texas Register (16 TexReg 714). The purpose for the repeal is to delete obsolete rule material which was replaced by new sections adopted in the June 25, 1991, issue of the Texas Register (16 TexReg 3525). The repeal will function by deleting obsolete rule material from Chapter 27. No comments were received regarding adoption of the repeal. The repeal is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. sec.27.2801. Definitions. 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 July 26, 1991. TRD-9108921 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: August 16, 1991 Proposal publication date: February 8, 1991 For further information, please call: (512) 450-3765 Chapter 47. Primary Home Care Sanctions 40 TAC sec.47.6901 The Texas Department of Human Services (DHS) adopts an amendment to sec.47. 6901, concerning sanctions, without changes to the proposed text as published in the June 11, 1991, issue of the Texas Register (16 TexReg 3186). The justification for the amendment is that the provider agencies are allowed more time to correct deficiencies identified through service control. The amendment will function by requiring that, if the provider agency fails to meet the minimum compliance level, a second formal service control review be conducted after the ninth month after the exit conference. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs. 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 July 25, 1991. TRD-9108914 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: September 1, 1991 Proposal publication date: June 11, 1991 For further information, please call: (512) 450-3765 TITLE 43. TRANSPORTATION Part I. State Department of Highways and Public Transportation Chapter 7. Bridge Division Railway Grade Crossings 43 TAC sec.7.72 The State Department of Highways and Public Transportation adopts new sec.7. 72, concerning warning sign visibility at railroad grade crossings, without changes to the proposed text as published in the May 20, 1991, issue of the Texas Register (16 TexReg 2577). The new section authorizes the department to develop guidelines and specifications for the installation and maintenance of retroreflectorized material at all public railroad grade crossings not protected by active warning devices. Texas Civil Statutes, Article 6370, requires railroad companies to erect and maintain warning signs, commonly known as crossbucks, at all public road crossings. This new section is adopted on a permanent basis in order to comply with the passage of House Bill 2681, 71st Legislature, 1989, codified as Texas Civil Statutes, Article 6370b, which mandate the department to adopt rules and initially to install the retroreflectorized material on those crossbucks by August 28, 1991. The new section prescribes the requirements, specifications, and procedures for installation of retroreflectorized material at all public railroad grade crossings not protected by active warning devices; and specifies maintenance and cost responsibilities for the department, local jurisdictions, and railroad companies regarding those materials and the crossbucks on which they are installed or affixed. In accordance with those provisions, retroreflectorized material must be affixed to the backs of crossbuck sign blades and their support posts in a manner that retroreflects light from vehicle headlights to focus attention to the presence of a nonsignalized railroad crossing. No comments were received regarding adoption of the new section. The new section is adopted under Texas Civil Statutes, Articles 6666 and 6370b, which provide the State Highway and Public Transportation Commission with the authority to establish rules and regulations for the conduct of the work of the State Department of Highways and Public Transportation, and for the installation and maintenance of retroreflectorized material at public grade crossings. 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 July 25, 1991. TRD-9108925 Diane L. Northam Legal Administrative Assistant State Department of Highways and Public Transportation Effective date: August 16, 1991 Proposal publication date: May 10, 1991 For further information, please call: (512) 463-8630 Open Meetings Agencies with statewide jurisdiction must give at least seven days notice before an impending meeting. Institutions of higher education or political subdivisions covering all or part of four or more counties (regional agencies) must post notice at least 72 hours prior to a scheduled meeting time. Some notices may be received too late to be published before the meeting is held, but all notices are published in the Texas Register. Emergency meetings and agendas. Any of the governmental entities named above must have notice of an emergency meeting, an emergency revision to an agenda, and the reason for such emergency posted for at least two hours before the meeting is convened. Emergency meeting notices filed by all governmental agencies will be published. Posting of open meeting notices. All notices are posted on the bulletin board outside the Office of the Secretary of State on the first floor of the East Wing in the State Capitol, Austin. These notices may contain more detailed agenda than what is published in the Texas Register. Child Care Development Board Thursday, August 8, 1991, 9:30 a.m. The Child Care Development Board will meet at the Sam Houston Building, 201 East 14th Street, Room 710, Austin. According to the complete agenda, the board will welcome and approve minutes from previous meetings; approval of RFP and contract for private providers for facility at 1505 Lavaca; approval of standards for child care centers in state facilities; and discuss new business. Contact: Mary E. Fero, 109 West 14th Street, Austin, Texas 78711, (512) 463-2062. Filed: July 29, 1991, 1:59 p.m. TRD-9109017 Texas Department of Criminal Justice, Board of Pardons and Paroles Monday-Friday, August 12-16, 1991, 10 a.m. The Texas Department of Criminal Justice, Board of Pardons and Paroles will meet at 2503 Lake Road, Suite #9, Huntsville. According to the agenda summary, a panel will receive, review, and consider information and reports concerning prisoners/inmates and administrative releasees subject to the board's jurisdiction and initiate and carry through with appropriate action. Contact: Jaunita Llamas, 8610 Shoal Creek Boulevard, Austin, Texas 78758, (512) 459-2744. Filed: July 25, 1991, 10:39 a.m. TRD-9108884 Monday-Friday, August 5-9, 1991, 10 a.m. The Texas Department of Criminal Justice, Board of Pardons and Paroles will meet at 2503 Lake Road, Suite #9, Huntsville. According to the agenda summary, a panel will receive, review, and consider information and reports concerning prisoners/inmates and administrative releasees subject to the board's jurisdiction and initiate and carry through with appropriate action. Contact: Jaunita Llamas, 8610 Shoal Creek Boulevard, Austin, Texas 78758, (512) 450-2744. Filed: July 26, 1991, 11:35 a.m. TRD-9108942 State Depository Board Monday, August 5, 1991, 4:30 p.m. The State Depository Board will meet at the Office of the State Treasurer, 111 East 17th Street, LBJ Building, Austin. According to the complete agenda, the board will approve minutes from June 17, 1991 meeting; approve state depository applications; contingent approval of state depository applications; designation of centrally located depositories and authorization for rapid deposit networks; designation of custodians; discussion of time deposit percentage requirement; discussion of senate bill 1033 (oil future hedging law); and discussion of agenda for next meeting. Contact: Ann L. Schwartz, P.O. Box 12608, Austin, Texas 78711, (512) 463-5971. Filed: July 25, 1991, 12:54 p.m. TRD-9108893 East Texas State University Friday, August 2, 1991, 10 a.m. The Board of Regents of East Texas State University will meet at the Metroplex Commuter Facility, 2625 Anita, Garland. According to the complete agenda, the board will approve agenda and minutes of meetings of April 26, 1991 and June 6, 1991; consider campus roof repair projects; approve tuition and fee schedules; ratify a grant of easement from ETSU-Texarkana to Texarkana College District; grant the president authority to adopt a temporary budget; consider employee health insurance for fiscal year 1991/1992; pass resolutions honoring former regents; approve nominations to the Athletic Hall of Fame; receive a legislative and budget update; authorize the lease of a new Metroplex facility; and meet in executive session to consult with the university's attorney and discuss personnel matters. Contact: Charles Turner, ETSU, Commerce, Texas 75429, (903) 886-5539. Filed: July 26, 1991, 10:31 a.m. TRD-9108926 Advisory Commission on State Emergency Communications Wednesday, August 7, 1991, 9 a.m. The Planning and Implementation Committee of the Advisory Commission on State Emergency Communications will meet at 1101 Capital of Texas Highway South, B-100, Austin. According to the agenda summary, the committee will call the meeting to order; recognize guests; hear public comment; report on statewide 9-1-1 participation; consider approval of 9-1-1 service fee and equalization surcharge billing for the City of Dorchester; consideration and approval of proposed plan amendments for various plans; discussion of process to plan for expenses related to equipment replacement and upgrades; consider any new business; and adjourn. Contact: Glenn Roach, 1101 Capital of Texas Highway South, B-100, Austin, Texas 78746, (512) 327-1911. Filed: July 29, 1991, 2:39 p.m. TRD-9109029 Wednesday, August 7, 1991, 10 a.m. The Administrative Committee of the Advisory Commission on State Emergency Communications will meet at 1101 Capital of Texas Highway South, B-100, Austin. According to the complete agenda, the committee will call the meeting to order; recognize guests; hear public comment; ACSEC financial report; report and consideration of ACSEC proposed budget for fiscal year 1992; report on collections from outstanding carriers; report on 9-1-1 service fee and equalization surcharge audit performed by Reed Stowe and Associates; report on funding source for statewide addressing project; discussion of policy on the use of both service fee and equalization surcharge after cutover; consider any new business; and adjourn. Contact: Glenn Roach, 1101 Capital of Texas Highway South, B-100, Austin, Texas 78746, (512) 327-1911. Filed: July 29, 1991, 2:39 p.m. TRD-9109028 Wednesday, August 7, 1991, 10:30 a.m. The Public Education and Training Committee of the Advisory Commission on State Emergency Communications will meet at 1101 Capital of Texas Highway South, B-100, Austin. According to the complete agenda, the committee will call the meeting to order; recognize guests; hear public comment; discussion on and consideration of distribution of public education materials for emergency communications districts; update on planning activities for 9-1-1 day, September 11, 1991; RECESS (reconvene following commission meeting); review and consideration of nominations for outstanding telecommunicator awards; consider any new business; and adjourn. Contact: Glenn Roach, 1101 Capital of Texas Highway South, B-100, Austin, Texas 78746, (512) 327-1911. Filed: July 29, 1991, 2:38 p.m. TRD-9109027 Wednesday, August 7, 1991, 1:15 p.m. The Advisory Commission on State Emergency Communications will meet at 1101 Capital of Texas Highway South, B-100, Austin. According to the agenda summary, the commission will call the meeting to order; recognize guests; hear public comment; hear committee reports; discuss and consider any action items; consider any new business; consider approval of previous meeting minutes; and adjourn. Contact: Glenn Roach, 1101 Capital of Texas Highway South, B-100, Austin, Texas 78746, (512) 327-1911. Filed: July 29, 1991, 2:39 p.m. TRD-9109030 Texas Employment Commission Tuesday, August 6, 1991, 8:30 a.m. The Texas Employment Commission will meet at the TEC Building, 101 East 15th Street, Room 644, Austin. According to the agenda summary, the commission will approve prior meeting notes; consideration and possible approval of low bid for elevator renovations at the Fort Worth agency-owned building; consideration and possible approval of bid for construction of new agency-owned building in Brownsville; internal procedures of commission appeals; consideration and action on higher level appeals in unemployment compensation cases listed on Commission Docket 32; and set date of next meeting. Contact: C. Ed Davis, 101 East 15th Street, Austin, Texas 78778, (512) 463-2291. Filed: July 29, 1991, 3:35 p.m. TRD-9109040 Texas Department of Health Wednesday, August 7, 1991, 10:30 a.m. The Advisory Committee on Mental Retardation Facilities of the Texas Department of Health, 1100 West 49th Street, Room M-652, Austin. According to the complete agenda, the committee will introduce new members; consider and possibly act on update on intermediate care facilities-related conditions; provisions in House Bill 2477, 72nd Legislature, 1991; personal care homes; surveyor orientation training; provider training; and informed consent. Contact: Richard Butler, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7706. Filed: July 26, 1991, 1:56 p.m. TRD-9108949 Wednesday, August 14, 1991, 7 p.m. The Trauma Technical Advisory Committee of the Texas Department of Health will meet at the Doubletree Hotel, 6505 North IH-35, Phoenix Central Room, Austin. According to the complete agenda, the committee will approve minutes of previous meeting, and review public comments and possibly modify emergency medical services/trauma system rules. Contact: Gene Weatherall, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7550. Filed: July 25, 1991, 10:47 a.m. TRD-9108887 Thursday, August 15, 1991, 8:30 a.m. The Trauma Technical Advisory Committee of the Texas Department of Health will meet at the Doubletree Hotel, 6505 North IH-35, Phoenix Central Room, Austin. According to the complete agenda, the committee will approve minutes of previous meeting, hear reports of chief, bureau of emergency management, and associate commissioner for community and rural health; consider and possibly act on legislation update; public comments and modification of emergency medical services/trauma system rules; draw for terms of membership; and other business (announcements and comments). Contact: Gene Weatherall, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7550. Filed: July 25, 1991, 10:47 a.m. TRD-9108888 Saturday, August 17, 1991, 8:30 a.m. The Texas Radiation Advisory Board, Medical Committee will meet at 1212 East Anderson Lane, Austin. According to the complete agenda, the committee will consider and possibly act on: training and education requirements for physicians and veterinarians (use of radioactive materials); updates on medical issues; mammography (transilluminators, chiropractic); cyclotron licensing; correspondence concerning x-ray rules. Contact: L. D. Thurman, P.E., 1100 West 49th Street, Austin, Texas 78756, (512) 835-7000. Filed: July 25, 1991, 10:48 a.m. TRD-9108889 Saturday, August 17, 1991, 10 a.m. The Legislative Committee of the Texas Radiation Advisory Board will meet at 1212 East Anderson Lane, Austin. According to the complete agenda, the committee will consider and possibly act on: government reorganization; budget and appropriations. Contact: L. D. Thurman, P.E., 1100 West 49th Street, Austin, Texas 78756, (512) 835-7000. Filed: July 25, 1991, 10:48 a.m. TRD-9108890 Saturday, August 17, 1991, 11:30 a.m. The Executive Committee of the Texas Radiation Advisory Board will meet at 1212 East Anderson Lane, Austin. According to the complete agenda, the committee will consider and possibly act on: charges to the board committees; planning for future meetings; legislative reorganization of state government; budget information; standards and rulemaking (waste disposal rule revision). Contact: L. D. Thurman, P.E., 1100 West 49th Street, Austin, Texas 78756, (512) 835-7000. Filed: July 25, 1991, 10:48 a.m. TRD-9108891 Saturday, August 17, 1991, 1:30 p.m. The Texas Radiation Advisory Board will meet at 1212 East Anderson Lane, Austin. According to the complete agenda, the board will approve minutes of previous meeting; consider and possibly act on: update on Texas low-level radioactive waste disposal authority activities; committee reports (Medical Committee; Legislative Committee; Executive Committee; Chairman's Report); report on radiation control activities in Brazil; rules and regulatory guide update; program activities (general activity; division of compliance and inspection; division of licensing, registration and standards). Contact: L. D. Thurman, P.E., 1100 West 49th Street, Austin, Texas 78756, (512) 835-7000. Filed: July 25, 1991, 10:49 a.m. TRD-9108892 Texas Housing Agency Friday, August 2, 1991, 2 p.m. The Ad Hoc Low Income Tax Credit Committee of the Texas Housing Agency will meet at the THA Conference Room 811 Barton Springs Road, Suite 300, Austin. According to the agenda summary, the committee will consider and possibly act on the credit applications. Contact: Mario Aguilar, P.O. Box 13941, Austin, Texas 78711, (512) 474-2974. Filed: July 25, 1991, 4:32 p.m. TRD-9108917 Friday, August 2, 1991, 4 p.m. The Audit Committee of the Texas Housing Agency will meet at THA Conference Room, 811 Barton Springs Road, Suite 300, Austin. According to the agenda summary, the committee will consider and possibly act on the following items: single family mortgage revenue refunding bonds 1991 Series A; financial advisor report; multi-family housing bonds 1984 Series A and B; signature authority; audit report; multi-family housing revenue refunding bonds, Series 1991A, 1991B and 1991C; income limits; amendment to commitment agreement; comprehensive housing affordable strategy; and request for proposals. Contact: Mario Aguilar, P.O. Box 13941, Austin, Texas 78711, (512) 474-2974. Filed: July 25, 1991, 4:31 p.m. TRD-9108916 Saturday, August 3, 1991, 10 a.m. The Board of Directors of the Texas Housing Agency will meet at the THA Conference Room, 811 Barton Springs Road, Suite 300, Austin. According to the agenda summary, the board will consider and possibly act on the following items: minutes; public comment period, Single Family Mortgage Revenue Refunding Bonds 1991 Series A; financial advisory report; review underwriting team and financial team; Multi-Family Housing Revenue Bonds 1984 Series A and B; signature authority; audit report; Multi-Family Housing Revenue Refunding Bonds, Series 1991A, 1991B, and 1991C; income limits; amendment to commitment agreement; comprehensive housing affordable strategy; request for proposals; low income tax credit applications; and lease. While in executive session consider and possibly act on pending or contemplated litigation and employment matters; and act on executive session items in open session. Contact: Mario Aguilar, P.O. Box 13941, Austin, Texas 78711, (512) 474-2974. Filed: July 26, 1991, 4:24 p.m. TRD-9108964 State Board of Insurance Tuesday, August 6, 1991, 9 a.m. The Commissioner's Hearing Section of the State Board of Insurance will meet at 333 Guadalupe Street, Hobby I, 12th Floor, Austin. According to the complete agenda, the section will conduct a public hearing to consider whether disciplinary action should be taken against Community Chapel Funeral Benefit Association, Houston, which holds a certificate of authority issued by the State Board of Insurance. Docket Number 11244. Contact: Earl Corbitt, 333 Guadalupe Street, Hobby I, Austin, Texas 78701, (512) 475-2983. Filed: July 25, 1991, 2:12 p.m. TRD-9108907 Friday, August 9, 1991, 1:30 p.m. The Commissioner's Hearing Section of the State Board of Insurance will meet at 333 Guadalupe Street, Hobby I, 12th Floor, Austin. According to the complete agenda, the section will conduct a public hearing to consider whether National Real Estate Association, Inc., Toledo, Ohio, should be ordered to cease and desist from engaging in the business of insurance. Docket Number 11253. Contact: Wendy L Ingram, 333 Guadalupe Street, Hobby I, Austin, Texas 78701, (512) 475-2983. Filed: July 25, 1991, 2:13 p.m. TRD-9108909 Texas Commission on Law Enforcement Officer Standards and Education Thursday and Friday, August 15 and 16, 1991, 1 p.m. and 10 a.m. respectively. The Law Enforcement Management Institute of the Texas Commission on Law Enforcement Officer Standards and Education will meet at Sam Houston State University Criminal Justice Center, Huntsville. According to the complete agenda, the commission will call to order; recognize and introduce visitors; approve minutes of May 8, 1991 board meeting; overview of selection process-GMI; special issues; executive issues; GMI curriculum overview; discussion of disciplinary matters; staff activity report-legislative update; scheduling for FY 1992; and adjourn. Contact: Jack L. Ryle, 1033 LaPosada, Suite 175, Austin, Texas 78754, (512) 450-0188. Filed: July 26, 1991, 10:06 a.m. TRD-9108923 Texas Department of Licensing and Regulation Friday, August 9, 1991, 9 a.m. The Business and Occupational Programs of the Texas Department of Licensing and Regulation will meet at the E. O. Thompson Building, 920 Colorado Street, Eighth Floor Conference Room, Austin. According to the complete agenda, the department will hold an administrative hearing to consider the possible assessment of an administrative penalty and denial, suspension or revocation of the Respondent's license for Alta Mirano Auto Parts for violation of Statutes, Articles 6687-9b and 9100. Contact: Paula Hamje, 920 Colorado Street, Austin, Texas 78701, (512) 475-2899. Filed: July 30, 1991, 8:14 a.m. TRD-9109056 Friday, August 9, 1991, 10:30 a.m. The Business and Occupational Programs, Tow Trucks of the Texas Department of Licensing and Regulation will meet at the E. O. Thompson Building, 920 Colorado Street, Eighth Floor Conference Room, Austin. According to the complete agenda, the department will hold an administrative hearing to consider the possible assessment of an administrative penalty and denial, suspension or revocation of the Respondent's license for Jesus Rivera for violation of Statutes, Articles 6687-9b and 9100. Contact: Paula Hamje, 920 Colorado Street, Austin, Texas 78701, (512) 475-2899. Filed: July 30, 1991, 8:14 a.m. TRD-9109057 Monday, August 19, 1991, 10:30 a.m. The Business and Occupational Programs, Tow Trucks of the Texas Department of Licensing and Regulation will meet at the E. O. Thompson Building, 920 Colorado Street, Eighth Floor Conference Room, Austin. According to the complete agenda, the department will hold an administrative hearing to consider the possible assessment of an administrative penalty and denial, suspension or revocation of the respondent's license for Buda Auto Mart for violation of Statutes, Articles 6687-9b and 9100. Contact: Paula Hamje, 920 Colorado Street, Austin, Texas 78701, (512) 475-2899. Filed: July 30, 1991, 8:14 a.m. TRD-9109058 Tuesday, August 20, 1991, 9 a.m. The Air Conditioning Department of the Texas Department of Licensing and Regulation will meet at the E. O. Thompson Building, 920 Colorado Street, Room 1012, Austin. According to the complete agenda, the department will hold an administrative hearing to consider the possible assessment of an administrative penalty and denial, suspension or revocation of the respondent's license for Victor Marik doing business as Hudson Bay Construction for violation of Statutes, Articles 8861 and 9100. Contact: Paula Hamje, 920 Colorado Street, Austin, Texas 78701, (512) 475-2899. Filed: July 30, 1991, 8:15 a.m. TRD-9109059 Midwestern State University Thursday, August 1, 1991, 3 p.m. The Board of Regents Executive Committee of Midwestern State University met at the Hardin Administration Building, MSU, Wichita Falls. According to the complete agenda, the committee made appointments for 1991-1992; recommendations were made concerning board of regents meeting dates; employee holiday schedule for 1991-1992; the 1991-1992 operating budget; thermal storage facility; professional engineers in 1991-1992; and the naming of the MSU greenhouse. Contact: Deborah L. Barrow, 3400 Taft Boulevard, Wichita Falls, Texas 76308, (817) 692-6551. Filed: July 29, 1991, 1:53 p.m. TRD-9109005 Thursday, August 1, 1991, 3:30 p.m. The Board of Regents Finance Committee of Midwestern State University met at the Hardin Administration Building, MSU, Wichita Falls. According to the complete agenda, the committee made recommendations accepting financial disclosure statements for 1990, and employee health insurance coverage; and ratification of items $15,000 and under were presented. Contact: Deborah L. Barrow, 3400 Taft Boulevard, Wichita Falls, Texas 76308, (817) 692-6551. Filed: July 29, 1991, 1:53 p.m. TRD-9109006 Thursday, August 1, 1991, 3:45 p.m. The Board of Regents Personnel and Curriculum Committee of Midwestern State University met at the Hardin Administration Building, MSU, Wichita Falls. According to the complete agenda, the committee made recommendations concerning position changes in the FY 1990-1991 budget; enrollment reports; summer class reports for summer 1991; last day enrollment reports for spring 1991; and policy manual additions (HIV/AIDS policy and off-campus bank accounts policy. Contact: Deborah L. Barrow, 3400 Taft Boulevard, Wichita Falls, Texas 76308, (817) 692-6551. Filed: July 29, 1991, 1:54 p.m. TRD-9109007 Thursday, August 1, 1991, 4:30 p.m. The Board of Regents Student Affairs Committee of Midwestern State University met at the Hardin Administration Building, MSU, Wichita Falls. According to the complete agenda, the committee made recommendations concerning an ambulance contract and yearbook contract; and heard information concerning housing occupancy. Contact: Deborah L. Barrow, 3400 Taft Boulevard, Wichita Falls, Texas 76308, (817) 692-6551. Filed: July 29, 1991, 1:54 p.m. TRD-9109008 Thursday, August 1, 1991, 4:45 p.m. The Board of Regents University Development Committee of Midwestern State University met at the Hardin Administration Building, MSU, Wichita Falls. According to the complete agenda, the committee reviewed and discussed summary of gifts, grants, and pledges, September 1, 1991-July 5, 1991, as information only. Contact: Deborah L. Barrow, 3400 Taft Boulevard, Wichita Falls, Texas 76308, (817) 692-6551. Filed: July 29, 1991, 1:54 p.m. TRD-9109009 Thursday, August 1, 1991, 5 p.m. The Board of Regents Athletics Committee of Midwestern State University met at the Hardin Administration Building, MSU, Wichita Falls. According to the complete agenda, the committee reviewed information received concerning the MSU M-Club campaign, conference exploration and the first 1991 football game. Contact: Deborah L. Barrow, 3400 Taft Boulevard, Wichita Falls, Texas 76308, (817) 692-6551. Filed: July 29, 1991, 1:54 p.m. TRD-9109010 Friday, August 2, 1991, 9 a.m. The Board of Regents of Midwestern State University will meet at the Hardin Administration Building, MSU, Wichita Falls. According to the agenda summary, the board will approve minutes; accept financial reports; accept recommendations and reports from executive, finance, personnel and curriculum, and student affairs committees. Reports will be presented by the University Development and Athletics Committees, and the president. The MSU Board of Regents reserves the right to discuss any items in executive session whenever legally justified under the Open Meetings Act. Contact: Deborah L. Barrow, 3400 Taft Boulevard, Wichita Falls, Texas 76308, (817) 692-6551. Filed: July 29, 1991, 1:57 p.m. TRD-9109012 Midwifery Board Friday, August 2, 1991, 10 a.m. The Midwifery Board will hold an emergency meeting at the Texas Department of Health, 1100 West 49th Street, Room M-618, Austin. According to the complete agenda, the board will approve minutes of previous meeting; consider and possibly act on rules to implement recent legislative amendments to the Texas Midwifery Act; forms concerning midwives; changes in minutes of October 12, 1991 meeting; birth certificates; and new positions on midwifery board. The emergency status is necessary as unforeseeable circumstances of having to meet quickly to implement law passed by 72nd Legislature, 1991. Contact: Joceline Alexander, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7700. Filed: July 26, 1991, 4:21 p.m. TRD-9108963 State Pension Review Board Wednesday, August 7, 1991, 10:30 a.m. The State Pension Review Board will meet at the Employees Retirement System Building, Conference Room, 4th Floor, Austin. According to the complete agenda, the board will call the meeting to order; take roll call; reading and adoption of minutes of previous meeting; hear executive director's report; presentation of Houston municipal review by Russell-Zisler, Inc.; discussion of adoption of Russell-Zisler report; announcements and invitation for audience participation; announce date of next meeting; and adjourn. Contact: Lynda Baker, P.O. Box 13498, Austin, Texas 78711, (512) 463-1736. Filed: July 26, 1991, 10:15 a.m. TRD-9108924 Texas State Board of Pharmacy Tuesday-Wednesday, August 6-7, 1991, 9 a.m. The Texas State Board of Pharmacy will meet at the Embassy Suites Hotel North, 5901 IH-35 North, Austin. According to the agenda summary, the board, following the public hearing on August 6, 1991, will consider approval of June 11-12, 1991 minutes; rules for final adoption 281.9, 291.53, 291.73, 291.74, 291.75, 291.76, and rule 291.93; proposed rules 291.91 and 291.93; hear update on special session of the legislature; status of FY 1992 budget, goals and objectives; review for approval professional service contracts; discuss appointment for Optometry Board's Technical Advisory Committee; hear reports on TPA's annual meeting, matters relating to publication of disciplinary actions in Newsletter; discuss policy regarding absence of R.Ph. in hospitals with over 100 beds, and requirements for the limit of small hospitals a R.Ph. may be PIC; review for approval ACPE approved programs, and Texas Colleges of Pharmacy internship programs; consider petition for preceptor certification of Gregory N. Adams, R.Ph.; elect officers for FY 1992; consider proposed Agreed Board Orders; and meet in executive session to discuss pending litigation and personnel matters: status of Lawrence O. Chikezie and E-Z Pharmacy versus Texas Board of Pharmacy. Contact: Fred S. Brinkley, Jr., R.Ph., 8505 Cross Park Drive, #110, Austin, Texas 78754-4533, (512) 832-0661. Filed: July 26, 1991, 11:18 a.m. TRD-9108937 Public Utility Commission of Texas Monday, August 5, 1991, 8:30 a.m. The Hearings Division of the Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the division will hold a prehearing conference in Consolidated Docket Numbers 10381, 10122, and 10123. Docket Number 10381-Southwestern Bell Telephone Company's statement of intent to change and restructure the rates for directory assistance; Docket Number 10122-application of Southwestern Bell Telephone Company for approval of multiple list directory assistance; Docket Number 10123-application of Southwestern Bell Telephone Company to revise tariff to introduce a new service called directory assistance call completion. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. July 26, 1991, 3:04 p.m. TRD-9108958 Friday, August 30, 1991, 10 a.m. The Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the commission will hold an interim hearing in Docket Number 10462-application of Tex-La Electric Cooperative of Texas, Inc. for authority to change rates. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: July 26, 1991, 3:04 p.m. TRD-9108956 Tuesday, September 17, 1991, 10 a.m. (rescheduled from September 5, 1991, at 10 a.m.). The Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the commission will hold a hearing on the merits in Docket Number 10223-application of North Texas Telephone Company to implement new tariff. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: July 26, 1991, 2:58 p.m. TRD-9108954 Friday, September 27, 1991, 10 a.m. The Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the commission will hold a prehearing conference in Docket Number 10473-notice of intent of Houston Lighting and Power Company for a certificate of convenience and necessity for Dupont project, Webster Units 1 and 2 refurbishment project, and Greens Bayou Units 3 and 4 refurbishment project. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: July 29, 1991, 3:18 p.m. TRD-9109034 Friday, September 27, 1991, 1:30 p.m. The Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the commission will hold a prehearing conference in Docket Number 10462-application of Tex-La Electric Cooperative of Texas, Inc. for authority to change rates. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: July 26, 1991, 3:03 p.m. TRD-9108955 Thursday, October 3, 1991, 10 a.m. The Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the commission will hold a hearing on the merits in Docket Number 10462-application of Tex-La Electric Cooperative of Texas, Inc. for authority to change rates. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: July 26, 1991, 3:04 p.m. TRD-9108957 Monday, October 7, 1991, 10 a.m. The Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the commission will hold a hearing on the merits in Docket Number 10473-notice of intent of Houston Lighting and Power Company for a certificate of convenience and necessity for Dupont project, Webster Units 1 and 2 refurbishment project, and Greens Bayou Units 3 and 4 refurbishment project. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: July 29, 1991, 3:17 p.m. TRD-9109033 Monday, December 9, 1991, 10 a.m. The Hearings Division of the Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the division will hold a hearing on the merits in Docket Number 9090-complaint of U.S. Metro Line Services, Inc. against Southwestern Bell Telephone Company. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: July 29, 1991, 3:16 p.m. TRD-9109032 Railroad Commission of Texas Monday, August 5, 1991, 9 a.m. The Railroad Commission will meet at the William B. Travis Building, 1701 North Congress Avenue, 12th Floor Conference Room 12-126, Austin. Agendas follow. The commission will consider and act on the automatic data processing division director's report on division administration, budget, procedures, equipment acquisitions and personnel matters. Contact: Bob Kmetz, P.O. Box 12967, Austin, Texas 78711, (512) 463-7251. TRD-9108929 The commission will consider and act on the office of the executive director's report on commission budget and fiscal matters, administrative and procedural matters, personnel and staffing, state and federal legislation, and contracts and grants. Consider reorganization of various commission divisions; consolidation of positions; commission chairmanship; and appointment reassignment and/or termination of various positions, including division directors; consideration of reorganization of the well plugging program. The commission will meet in executive session to consider the appointment, employment evaluation, re-assignment, duties, discipline and/or dismissal of personnel, and pending litigation. Contact: Walter H. Washington, Jr., P.O. Box 12967, Austin, Texas 78711-2967, (512) 463-7274. Filed: July 26, 1991, 10:50 a.m. TRD-9108930 The commission will consider category determinations under sec.sec.102(c)(1)(B), 102(c)(1)(C), 103, 107 and 108 of The Natural Gas Policy Act of 1978. Contact: Margie Osborn, P.O. Drawer 12967, Austin, Texas 78711, (512) 463-6755. TRD-9108931 The commission will consider and act on the investigation division director's report on division administration, investigations, budget, and personnel matters. Contact: Mary Anne Wiley, P.O. Box 12967, Austin, Texas 78711-2967. (512) 463-6828. Filed: July 26, 1991, 10:54 a.m. TRD-9108932 The commission will consider and act on the personnel division director's report on division administration, budget, procedures, and personnel matters. The commission will meet in executive session to consider the appointment, employment, evaluation, re-assignment, duties, discipline and/or dismissal of personnel. Contact: Mark Bogan P.O. Box 12967, Austin, Texas 78711, (512) 463-7187. Filed: July 26, 1991, 10:55 a.m. TRD-9108933 The commission will consider and act on the office of information services director's report on division administration, budget, procedures, and personnel matters. Contact: Brian W. Schaible, P.O. Box 12967, Austin, Texas 78701, (512) 463-6710. Filed: July 26, 1991, 10:56 a.m. TRD-9108934 The commission will consider and act on the administrative services division director's report on division administration, budget, procedures and personnel matters. Contact: Roger Dillon, P.O. Box 12967, Austin, Texas 78711, (512) 463-7257. Filed: July 26, 1991, 10:56 a.m. TRD-9108935 The commission will consider items previously posted for open meeting and at such meeting verbally postponed or continued to this date. With regard to any item, the commission may take various action, including, but not limited to, scheduling an item in its entirety or for particular action at a future time or date. The commission may consider the procedural status of any contested case if 60 days or more have elapsed from the date the hearing was closed or from the date the transcript was received. The commission will meet in executive session as authorized by the Open Meetings Act, including to receive legal advice regarding pending and/or contemplated litigation. Contact: Cue Boykin, P.O. Box 12967, Austin, Texas 78711, (512) 463-7033. Filed: July 26, 1991, 10:57 a.m. TRD-9108936 The commission will consider Transportation Docket Number 0038353A1N; and application of Jose C. Noriega doing business as Joe's Transport Service for a new SMC Certificate. Contact: Karen Johnson, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-7096. Filed: July 26, 1991, 4:05 p.m. TRD-9108962 Monday, August 19, 1991, 1:30 p.m. The Railroad Commission of Texas will meet at 1701 North Congress Avenue, 12th Floor Conference Room 12-126, Austin. According to the agenda summary, the commission will hold a statewide hearing on oil and gas. Contact: Paula Middleton, P.O. Drawer 12967, Austin, Texas 78711, (512) 463-6729. Filed: July 26, 1991, 10:44 a.m. TRD-9108928 Texas National Research Laboratory Commission Tuesday, August 6, 1991, 10 a.m. The Procurement, Personnel, and Minority Affairs Standing Committee of the Texas National Research Laboratory Commission will meet at Conference Room A, Dallas Love Field, Dallas. According to the agenda summary, the committee will convene meeting and take roll call of members; approve June 27, 1991 minutes; hear reports and action items; meet in executive session to discuss personnel; reconvene; hear public comment; and adjourn. Contact: Karen Chrestay, 1801 North Hampton Road, #400, DeSoto, Texas 75115, (214) 709-3811. Filed: July 29, 1991, 5:11 p.m. TRD-9109055 Texas Savings and Loan Department Thursday, August 8, 1991, 9:30 a.m. The Texas Savings and Loan Department will meet at 2601 North Lamar, Suite 201, Austin. According to the agenda summary, the department will accumulate a record of evidence in regard to the application of AmWest Savings Association, Olney, Young County, to establish a loan office to be located at 1008 Woodcreek Drive, College Station, Brazos County, from which record the commissioner will determine whether to grant or deny the application. Contact: Mark H. Holland, 2601 North Lamar Boulevard, Austin, Texas 78705, (512) 479-1250. Filed: July 25, 1991, 2:36 p.m. TRD-9108913 School Land Board Tuesday, August 6, 1991, 10 a.m. The School Land Board will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 831, Austin. According to the agenda summary, the board will approve previous board meeting minutes; opening and consideration of bids received at the August 6, 1991 oil and gas lease sale; pooling applications, Clam Lake, Jefferson County; Big Cowboy Field, Webb County; Giddings (Austin Chalk-3), Burleson County; Pearsall Austin Chalk, LaSalle County; Wildcat Field, Kleberg County; Wildcat Field, Galveston County; applications to lease highway right for oil and gas, Panola and Wheeler Counties; coastal public lands-easement applications, San Bernard River, Brazoria County; Laguna Madre, Cameron County; structure permit terminations, Laguna Madre, Cameron County; structure permit renewals, Espiritu Santo, Calhoun County; Laguna Madre, Kleberg County; structure permit amendments Churchill Bayou, Brazoria County; consideration of proposed coastal enforcement policies; meet in executive session to consider direct land sale, El Paso County; consideration of sale/lease, Travis County; consideration of land acquisition, Brazoria County; pending and proposed litigation; consideration of preferential lease of coal and lignite, S.F. 16513, Freestone County vacancy; and consideration of suspension of leases in Galveston Bay, Galveston County. Contact: Linda K. Fisher, 1700 North Congress Avenue, Room 836, Austin, Texas 78701, (512) 463-5016. Filed: July 29, 1991, 4:22 p.m. TRD-9109047 Texas State Technical Institute Saturday, July 27, 1991, 9 a.m. The Board of Regents of Texas State Technical Institute met at TSTI-Amarillo, Student Activity Center, Green Room, Amarillo. According to the emergency revised agenda summary, the board met in executive session to discuss employment contract for Chancellor of Texas State Technical Institute. The emergency status was necessary as terms and conditions of the Chancellor's contract needed to be decided and executed immediately. Contact: Sandra J. Krumnow, 3801 Campus Drive, Waco, Texas 76705, (817) 867-4890. Filed: July 25, 1991, 10:39 a.m. TRD-9108885 Texas Tech University Thursday, August 1, 1991, 10:30 a.m. The Committee of the Whole of the Board of Regents of Texas Tech University met at the Health Sciences Center Building, Campus, Room 2B152, Lubbock. According to the complete agenda, the committee considered election of acting Assistant Secretary to the Board of Regents; met in executive session under Vernon's Annotated Civil Statutes, Article 6252-17(e), to consult with president and general counsel regarding pending and contemplated litigation; discussed settlement offers; settlement negotiations and matters confidential pursuant to Code of Professional Responsibility of State Bar of Texas; discussed prospective gifts to the University and Health Sciences Center and contractual negotiations contemplated and those in progress; evaluation and duties of Texas Tech University and Texas Tech University Health Sciences Center officers and employees; and conference with various employees for the purpose of receiving information and asking questions of employees. Contact: Anne Davis, P.O. Box 42011, Lubbock, Texas 79409-2011, (806) 742-2161. Filed: July 25, 1991, 2:09 p.m. TRD-9108901 Thursday, August 1, 1991, 10:30 a.m. The Research Affairs Committee of the Board of Regents of Texas Tech University met at the Health Sciences Center Building, Campus, Room 2B152, Lubbock. According to the complete agenda, the committee approved May 9, 1991 meeting minutes; gave an update on funded research; and heard reports. Contact: Anne Davis, P.O. Box 42011, Lubbock, Texas 79409-2011, (806) 742-2161. Filed: July 25, 1991, 2:10 p.m. TRD-9108902 Thursday, August 1, 1991, 10:30 a.m. The Development and Public Affairs Committee of the Board of Regents of Texas Tech University met at the Health Sciences Center Building, Campus, Room 2B152, Lubbock. According to the complete agenda, the committee approved May 9, 1991 committee meeting minutes; and heard reports. Contact: Anne Davis, P.O. Box 42011, Lubbock, Texas 79409-2011, (806) 742-2161. Filed: July 25, 1991, 2:11 p.m. TRD-9108903 Thursday, August 1, 1991, 10:30 a.m. The Campus and Building Committee of the Board of Regents of Texas Tech University met at the Health Sciences Center Building, Campus, Room 2B152, Lubbock. According to the complete agenda, the committee approved May 9, 1991 committee meeting minutes; considered president to proceed with placement of sculpture at Ronald McDonald House; memorandum of understanding relating to Texas LoanSTAR Program between Governor's Energy Division and Texas Tech University; ratified acceptance date; and heard reports. Contact: Anne Davis, P.O. Box 42011, Lubbock, Texas 79409-2011, (806) 742-2161. Filed: July 25, 1991, 2:11 p.m. TRD-9108904 Thursday, August 1, 1991, 10:30 a.m. The Finance Committee of the Board of Regents of Texas Tech University met at the Health Sciences Center Building, Campus, Room 2B152, Lubbock. According to the complete agenda, the committee approved May 9, 1991 meeting minutes; considered budget adjustments for April 1 to May 31; revised board policy on Texas Public Educational grants and contracting policy and procedures; continuing resolution authorizing university operations and expenditures until budget preparation and adoption; authorized award interstate and international long distance phone service contract for all locations; ratify delegation of authority to approve: travel, official travel reimbursements from appropriated funds, expenditures from appropriated funds; to sign: checks, cashier's checks, financial aids cashier's checks, and documents for sale and transfer of securities owned or controlled by university; those to authorize wire transfers; and heard reports. Contact: Anne Davis, P.O. Box 42011, Lubbock, Texas 79409-2011, (806) 742-2161. Filed: July 25, 1991, 2:11 p.m. TRD-9108905 Thursday, August 1, 1991, 10:30 a.m. The Academic, Student and Administrative Affairs Committee of the Board of Regents of Texas Tech University met at the Health Sciences Center Building, Campus, Room 2B152, Lubbock. According to the complete agenda, the committee approved the May 9, 1991, meeting minutes; considered granting of academic tenure with appointment; and heard reports. Contact: Anne Davis, P.O. Box 42011, Lubbock, Texas 79409-2011, (806) 742-2161. Filed: July 25, 1991, 2:12 p.m. TRD-9108906 Friday, August 2, 1991, 10 a.m. The Board of Regents of Texas Tech University will meet at the Board Suite, Administration Building, Campus, Lubbock. According to the agenda summary, the board will review reports and act on minutes; academic, student and administrative affairs; finance; campus and building; development and public affairs; and committee of the whole. Contact: Anne Davis, P.O. Box 42011, Lubbock, Texas 79409-2011, (806) 742-2161. Filed: July 25, 1991, 2:13 p.m. TRD-9108908 Texas Tech University Health Sciences Center Thursday, August 1, 1991, 10:30 a.m. The Committee of the Whole of the Board of Regents of Texas Tech University Health Sciences Center met at the Health Sciences Center Building, Campus, Room 2B152, Lubbock. According to the complete agenda, the committee considered establishing premium rates for risk classes 1-5 for September 1, 1991-August 31, 1992; executive session agenda: Vernon's Annotated Civil Statutes, Article 6252-17(e) consultation with president and general counsel regarding pending and contemplated litigation, settlement offers, settlement negotiations and matters confidential pursuant to Code of Professional Responsibility of State Bar of Texas; discussed prospective gifts to the Texas Tech University Health Sciences Center and contractual negotiations contemplated and those in progress; discussion concerning evaluation and duties of Texas Tech University and Texas Tech University Health Sciences Center officers and employees; conference with various employees for the purpose of receiving information and asking questions of employees. Contact: Anne Davis, P.O. Box 42011, Lubbock, Texas 79409-2011, (806) 742-2161. Filed: July 25, 1991, 2:07 p.m. TRD-9108895 Thursday, August 1, 1991, 10:30 a.m. The Research Affairs Committee of the Board of Regents of Texas Tech University Health Sciences Center met at the Health Sciences Center Building, Campus, Room 2B152, Lubbock. According to the complete agenda, the committee approved May 9, 1991 meeting minutes; and heard reports. Contact: Anne Davis, P.O. Box 42011, Lubbock, Texas 79409-2011, (806) 742-2161. Filed: July 25, 1991, 2:07 p.m. TRD-9108896 Thursday, August 1, 1991, 10:30 a.m. The Development and Public Affairs Committee of the Board of Regents of Texas Tech University Health Sciences Center met at the Health Sciences Center Building, Campus, Room 2B152, Lubbock. According to the complete agenda, the committee approved the May 9, 1991 meeting minutes; and heard reports. Contact: Anne Davis, P.O. Box 42011, Lubbock, Texas 79409-2011, (806) 742-2161. Filed: July 25, 1991, 2:08 p.m. TRD-9108897 Thursday, August 1, 1991, 10:30 a.m. The Finance Committee of the Board of Regents of Texas Tech University Health Sciences Center met at the Health Sciences Center Building, Campus, Room 2B152, Lubbock. According to the complete agenda, the committee approved May 9, 1991, minutes; considered budget adjustments; continuing resolution authorizing operations and budget expenditures until budget preparation and adoption; partition of surface estate of Paul Braddock Estate between School of Medicine and Methodist Home and Cal Farley's Boys Ranch; award interstate and international long distance phone service contract for all locations; ratification of delegation of authority to approve, sign and transfer; and heard reports. Contact: Anne Davis, P.O. Box 42011, Lubbock, Texas 79409-2011, (806) 742-2161. Filed: July 25, 1991, 2:08 p.m. TRD-9108898 Thursday, August 1, 1991, 10:30 a.m. The Academic, Student, Clinical and Adminsitrative Affairs Committee of the Board of Regents of Texas Tech University Health Sciences Center met at the Health Sciences Center Building, Campus, Room 2B152, Lubbock. According to the complete agenda, the committee approved May 9, 1991 minutes; considered grant tenure with appointment; fourteen affiliation agreement for clinical training facilities for schools of Allied Health and Medicine; addendum to master coordinating agreement with University Medical Center for funding of resident services and utility costs; interagency agreement with Texas Department of Criminal Justice to provide services to Amarillo, Snyder, Childress and Abilene prison inmates; agreement with R. E. Thomason General Hospital for funding of resident services; and heard reports. Contact: Anne Davis, P.O. Box 42011, Lubbock, Texas 79409-2011, (806) 742-2161. Filed: July 25, 1991, 2:09 p.m. TRD-9108899 Friday, August 2, 1991, 9 a.m. The Board of Regents of Texas Tech University Health Sciences Center will meet at the Board Suite, Administration Building, Campus, Lubbock. According to the agenda summary, the board will give reports and act on minutes; president's report; academic, student, clinical and administrative affairs; finance; development and public affairs and committee of the whole. Contact: Anne Davis, P.O. Box 42011, Lubbock, Texas 79409-2011, (806) 742-2161. Filed: July 25, 1991, 2:09 p.m. TRD-9108900 Texas Water Commission Wednesday, September 4, 1991, 10 a.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 119, Austin. According to the agenda summary, the commission will consider a petition for creation of Harris County Municipal Utility District Number 358, of Harris County, entirely within the extraterritorial jurisdiction of the City of Houston. Contact: Bill Zukauckas, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875. Filed: July 29, 1991, 4:25 p.m. TRD-9108053 Wednesday, September 11, 1991, 9 a.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will consider Alamo Water Conservation and Reuse District's Application Number 5358 which would allow for installation of diversion facilities on Leon Creek. The diversion facilities would divert water from the creek for beneficial purposes for which non-potable water may be used, in an amount equal to that amount of treated wastewater discharged at the Leon Creek Wastewater Treatment Plant into Comanche Creek, tributary of Leon Creek, tributary of the Medina River, San Antonio River Basin, Bexar County. Contact: Terry Slade, P.O. Box 13087, Austin, Texas 78711, (512) 371-6386. Filed: July 29, 1991, 4:25 p.m. TRD-9109054 Wednesday, September 11, 1991, 3 p.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will consider an application by Harris County Municipal Utility District Number 35 for adoption of standby fees. Contact: Gloria A. Vasquez, P.O. Box 13087, Austin, Texas 78711, (512) 463-7898. Filed: July 29, 1991, 4:24 p.m. TRD-9109052 Wednesday, October 2, 1991, 3 p.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will consider Application Number 5368 of Arthur Ray Yanta and wife, Patsy Yanta's which requests authorization to divert 300 acre-feet of water per annum from the San Antonio River Basin to be used to irrigate 150 acres located approximately five miles northeast of Karnes City, Karnes County. Contact: Weldon Hawthorne, P.O. Box 13087, Austin, Texas 78711, (512) 371-6388. Filed: July 29, 1991, 4:21 p.m. TRD-9109044 Wednesday, October 2, 1991, 3 p.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will consider Application Number 5367 of Bernie A. and Susie Lee Yanta's which requests authorization to divert 300 acre-feet of water per annum from the San Antonio River, San Antonio River Basin to be used to irrigate 150 acres of land located approximately five miles northeast of Karnes City, Karnes County. Contact: Weldon Hawthorne, P.O. Box 13087, Austin, Texas 78711, (512) 371-6388. Filed: July 29, 1991, 4:21 p.m. TRD-9109045 Texas Water Development Board Tuesday-Wednesday, August 6-7, 1991, 6 p.m. The Texas Water Development Board will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 119, Austin. According to the complete agenda, the board will be briefed and may consider issues relating to the board's economically distressed areas program. Areas under discussion and potential consideration are alternatives for financing, including financing of Cameron Park, Hacienda Gardens and Lull colonias; project selection and priority criteria and bond issuance; briefing items include legislative history; calendar of program overview and implementation and model rules. Contact: Craig Pedersen, P.O. Box 13231, Austin, Texas 78711, (512) 463-7847. Filed: July 29, 1991, 3:21 p.m. TRD-9109038 Texas Workers' Compensation Commission Thursday, August 1, 1991, 9 a.m. The Texas Workers' Compensation Commission met at 4000 South IH-35, Austin. According to the agenda summary, the commission called the meeting to order; may have approved minutes for July 25, 1991; discussed and considered rules for adoption; rules for proposal; withdrawing proposed rules; heard executive director's report on donation and gifts received; met in executive session pursuant to 6252-17, Section 2(e), discussed matters related to pending litigation; received advice from counsel; Concern: Cause #449, 718 Texas Hospital Association et al versus Industrial Accident Board also known as TWCC, 345th Judicial District Court, Travis County; Cause #90-11-10301 CV, Hector Garcia et al versus Eagle Pass Auto Electric, Inc., TWCC and George Chapman, 365th Judicial Court, Mavrick County; Cause #91-10359, Texas Association Nurse Anesthesiolgists, Inc. et al versus TWCC, 345th Judicial District Court, Travis County; report action; met in executive session pursuant to 6252-17, Vernon's Texas Civil Statutes, sec.2(g), for discussion of candidates for executive director position including appointment of employment evaluation, and duties of an Acting Executive Director until permanent executive director is employed; report action in executive session for discussion and consideration of filling the executive director position including method of advertising and recruitment of candidate for position of executive director; special report on back injury program; and general report of issues relating to commission activities; discussed future meetings; and final adjournment. Contact: George E. Chapman, 4000 South IH-35, Austin, Texas 78704, (512) 448-7962. Filed: July 29, 1991, 8:41 a.m. TRD-9108977 Regional Meetings Meetings Filed July 25, 1991 The Brazos Valley Development Council Regional Solid Waste Advisory Committee met at the Council Offices, 3006 East 29th Street #2, Bryan, July 30, 1991, at 9:30 a.m. Information may be obtained from Glenn J. Cook, P.O. Drawer, 4128, Bryan, Texas 77805, (409) 776-2277. TRD-9108912. The Comal Appraisal District Board of Directors met at 430 West Mill Street, New Braunfels, July 29, 1991, at 5:30 p.m. Information may be obtained from Lynn E. Rodgers, P.O. Box 311222, New Braunfels, Texas 78131-1222, (512) 625-8597. TRD-9108894. The East Texas Council of Governments Executive Committee met at the ETCOG Offices, Kilgore, August 1, 1991, at 2 p.m. Information may be obtained from Glynn Knight, 3800 Stone Road, Kilgore, Texas 75662, (903) 984-8641. TRD-9108915. The Erath County Appraisal District Board of Directors held an emergency meeting at 1390 Harbin Drive, Board Room, Stephenville, July 25, 1991, at 5 p.m. The emergency status was necessary because bid proposals were due on July 29, 1991 and the request was not received until July 22, 1991. Information may be obtained from Trecia Perales, 1390 Harbin Drive, Stephenville, Texas 76401, (817) 965-5434. TRD-9108910. Meetings Filed July 26, 1991 The Education Service Center Region XVII Board of Directors will meet at ESC Region XVII Board Room, 1111 West Loop 289, Lubbock, August 13, 1991, at 9 a.m. Information may be obtained from Weldon E. Day, 1111 West Loop 289, Lubbock, Texas 79416, (806) 793-4802. TRD-9108918. The South Texas Development Council Board of Directors will meet at the Zapata Community Center, Zapata, August 8, 1991, at 11 a.m. Information may be obtained from Julie Saldana, P.O. Box 2187, Laredo, Texas 78044-2187, (512) 722-3995. TRD-9108919. Meetings Filed July 26, 1991 The Alamo Area Council of Governments Planning and Program Development Committee met at 118 Broadway, Suite 420, San Antonio, July 31, 1991, at 10 a.m. Information may be obtained from Al J. Notzon III, 118 Broadway, Suite 400, San Antonio, Texas 78205, (512) 225-5201. TRD-9108947. The Alamo Area Council of Governments Area Judges met at 118 Broadway, Suite 400, San Antonio, July 31, 1991, at noon. Information may be obtained from Al J. Notzon III, 118 Broadway, Suite 400, San Antonio, Texas 78205, (512) 225-5201. TRD-9108951. The Alamo Area Council of Governments Board of Directors met at 118 Broadway, Suite 420, San Antonio, July 31, 1991, at 1 p.m. Information may be obtained from Al J. Notzon III, 118 Broadway, Suite 400, San Antonio, Texas 78205, (512) 225-5201. TRD-9108946. The Bastrop Central Appraisal District Appraisal Review Board met at the Bastrop Central Appraisal District, 1200 Cedar Street, Bastrop, July 30, 1991, at 7 p.m. (revised agenda). Information may be obtained from Dana Ripley, P.O. Drawer 538, Bastrop, Texas 78602, (512) 321-3925. TRD-9108948. The Bexar Appraisal District Appraisal Review Board will meet at 535 South Main Street, San Antonio, August 1-2, 5-8, 12-16, 19-22, 26-30, 1991, at 8:30 a.m. Information may be obtained from Walter Stoneham, 535 South Main Street, San Antonio, Texas 78204, (512) 224-8511. TRD-9108965. The Dallas Area Rapid Transit Budget and Finance Committee met at the DART Office, 601 Pacific Avenue, Board Room, Dallas, July 30, 1991, at 10 a. m. Information may be obtained from Nancy McKethan, 601 Pacific Avenue, Dallas, Texas 75202, (214) 658-6237. TRD-9108945. The Dallas Area Rapid Transit Governmental Relations Committee (Special) met at the DART Office, 601 Pacific Avenue, Executive Conference Room, Dallas, July 30, 1991, at noon. Information may be obtained from Nancy McKethan, 601 Pacific Avenue, Dallas, Texas 75202, (214) 658-6237. TRD-9108943. The Dallas Area Rapid Transit Operations Committee met at the DART Office, 601 Pacific Avenue, Board Room, Dallas, July 30, 1991, at 1 p.m. Information may be obtained from Nancy McKethan, 601 Pacific Avenue, Dallas, Texas 75202, (214) 658-6237. TRD-9108944. The Dallas Area Rapid Transit Planning and Development Committee met at the DART Office, 601 Pacific Avenue, Board Room, Dallas, July 30, 1991, at 3 p.m. Information may be obtained from Nancy McKethan, 601 Pacific Avenue, Dallas, Texas 75202, (214) 658-6237. TRD-9108940. The East Texas Council of Governments JTPA Board of Directors met at the Ramada Inn, Highway 259, Kilgore, August 1, 1991, at 11:30 a.m. Information may be obtained from Glynn Knight, 3800 Stone Road, Kilgore, Texas 75662, (903) 984-8641. TRD-9108941. The Sabine Valley Center Care and Treatment Center held an emergency meeting at the Administration Building, 107 Woodbine Place, Bramlette Lane, Longview, July 30, 1991, at 5:30 p.m. The emergency status was necessary as there was immediate need to review PPP funds for contract purposes. Information may be obtained from Mack O. Blackwell, P.O. Box 6800, Longview, Texas 75608, (903) 758-2471. TRD-9108966. The STED Corporation Board of Trustees will meet at the Zapata Community Center, Zapata, August 8, 1991, at 9:30 a.m. Information may be obtained from Robert Mendiola, P.O. Box 2187, Laredo, Texas 78044-2187, (512) 722-3995. TRD-9108950. Meetings Filed July 29, 1991 The Bexar-Medina-Atascosa Counties Water Control Improvement District Number One Board of Directors will meet at the District Office, Highway 81, N`atalia, August 5, 1991, at 10 a.m. Information may be obtained from C. A. Mueller, P.O. Box 170, Natalia, Texas 78059, (512) 663-2132. TRD-9109004. The Dallas Area Rapid Transit CBD Transit Master Plan Subcommittee met at the DART Office, 601 Pacific Avenue, Board Conference Room, Dallas, August 1, 1991, at noon. Information may be obtained from Nancy McKethan, 601 Pacific Avenue, Dallas, Texas 75202, (214) 658-6237. TRD-9108978. The Dawson County Central Appraisal District Board of Directors will meet at 920 North Dallas Avenue, Lamesa, August 7, 1991, at 7 a.m. Information may be obtained from Tom Anderson, P.O. Box 797, Lamesa, Texas 79331, (806) 872-7060. TRD-9108979. The Gray County Appraisal District Appraisal Review Board will meet at 815 North Sumner, Pampa, August 2, 1991, at 9 a.m. Information may be obtained from W. Pat Bagley, P.O. Box 836, Pampa, Texas 79066-0836, (806) 665-0791. TRD-9108992. The Lavaca County Central Appraisal District Board of Directors will meet at the Lavaca County Central Appraisal District, 113 North Main Street, Hallettsville, August 12, 1991, at 6 p.m. Information may be obtained from Diane Munson, P.O. Box 386, Hallettsville, Texas 77964, (512) 798-4396. TRD-9108983. The Multimodal Transportation Planning Gulf Coast State Planning Region Transportation Planning Committee will meet at 3555 Timmons, Fourth Floor Conference Room, Houston, August 9, 1991, at 9:30 a.m. Information may be obtained from LaDawn Bush, P.O. Box 1386, Houston, Texas 77251, (713) 869-4571. TRD-9109002. The Region One Education Service Center Board of Directors will meet at 1900 West Schunior, Edinburg, August 6, 1991, at noon. Information may be obtained from Lauro R. Guerra, 1900 West Schunior, Edinburg, Texas 78539. TRD-9108981. The Region IX Education Service Center Regional Advisory Committee will meet at the Region IX Education Service Center, 301 Loop 11, Wichita Falls, August 8, 1991, at 10 a.m. Information may be obtained from Dr. Jim O. Rogers, 301 Loop 11, Wichita Falls, Texas 76305, (817) 322-6928. TRD-9109043. The Region IX Education Service Center Board of Directors will meet at the Region IX Education Service Center, 301 Loop 11, Wichita Falls, August 8, 1991, at 12:30 p.m. Information may be obtained from Dr. Jim O. Rogers, 301 Loop 11, Wichita Falls, Texas 76305, (817) 322-6928. TRD-9109042. The South Texas Development Council Board of Directors will meet at the Zapata Community Center, Zapata, August 8, 1991, at 11 a.m. Information may be obtained from Julie Saldana, P.O. Box 2187, Laredo, Texas 78044-2187, (512) 722-3995. TRD-9108994. The STED Corporation Board of Trustees will meet at the Zapata Community Center, Zapata, August 8, 1991, at 9:30 a.m. Information may be obtained from Robert Mendiola, P.O. Box 2187, Laredo, Texas 78044-2187, (512) 722-3995. TRD-9108995. Meetings Filed July 30, 1991 The Lamb County Education District Board of Trustees held an emergency meeting at 1500 East Delano, Littlefield, July 31, 1991, at 8 p.m. The emergency status was necessary due to pending litigation. Information may be obtained from Jerry Blakely, 1500 East Delano, Littlefield, Texas 79339, (806) 385-3844. TRD-9109062. ISSUE OFAugust 2, 1991" In Addition The Texas Register is required by statute to publish certain documents, including applications to purchase control of state banks, notices of rate ceilings, changes in interest rate and applications to install remote service units, and consultant proposal requests and awards. To aid agencies in communicating information quickly and effectively, other information of general interest to the public is published as space allows. Texas Air Control Board Notice of Public Hearing Notice is hereby given that pursuant to the requirements of the Texas Clean Air Act; sec.382.017(a); the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, sec.5; sec.103.11(4) of the procedural rules of the Texas Air Control Board (TACB); and 40 Code of Federal Regulations, sec.51.102 of the United States Environmental Protection Agency regulations concerning state implementation plans, the TACB will conduct a public hearing to receive testimony concerning revisions to its rules. The TACB proposes amendments to sec.111.121, concerning single-, dual-, and multiple-chamber incinerators, and sec.111.127, concerning monitoring and recordkeeping requirements. The amendments are proposed in order to clarify the application of the incinerator rules. The proposed revisions to sec.111.121 would specify that the requirements of the section do not apply to hazardous waste incinerators and would allow incinerators to operate at lower oxygen concentrations than currently required, providing the incinerators can demonstrate continuous compliance with existing carbon monoxide or total hydrocarbon standards. The proposed revision of sec.111.127 would clarify that compliance with the existing carbon monoxide or total hydrocarbon standard can be demonstrated using a rolling hourly average. The proposed revisions of the general rules would modify the existing definition of "incinerator" to stipulate that any combustion device which burns more than 5.0% or more of solid waste shall be considered an incinerator, and the existing definition of "industrial solid waste" to delete the reference to hazardous waste. The proposed revision would also add a definition of "solid waste." A public hearing will be held on August 27, 1991, at 2 p.m. in the auditorium of the TACB located at 12124 Park 35 Circle, Austin. The hearing is structured for the receipt of oral or written comments. Interrogation or cross-examination is not permitted, however, a TACB staff member will be available to answer questions informally. Written comments not presented at the hearing may be submitted to the TACB central office in Austin prior to and including August 29, 1991. Material received by 4 p.m. on that date will be considered by the board prior to any final action on the proposed revisions. Copies of the proposed revisions are available at the central office of the TACB located at 12124 Park 35 Circle, Austin, Texas 78753, and at all TACB regional offices. For further information, call Karen Kirkpatrick at (512) 908-1460. Issued in Austin, Texas, on July 24, 1991. TRD-9108851 Lane Hartsock Director, Planning and Development Program Texas Air Control Board Filed: July 24, 1991 For further information, please call: (512) 908-1770 Texas Committee on Purchases of Products and Services of Blind and Severely Disabled Persons List of Suitable Products The purpose of the Texas Committee on Purchases of Products and Services of Blind and Severely Disabled Persons is to further the state's policy of encouraging and assisting disabled citizens to achieve maximum personal independence. This purpose is carried out by employing disabled persons in activities which provide products and services to state and local governments. As required by Title 40, Texas Administrative Code, sec.189.14, the committee has published a list of suitable products selected by the committee for placement in a catalog. This listing contains information regarding the products, delivery schedules, freight, and packaging. The listing is available for public inspection at the Texas Commission for the Blind, 4800 North Lamar Boulevard, Administrative Building, Suite 320, Austin, Texas (Attention: Michael T. Phillips) and at the Texas State Purchasing and General Services Commission, Central Services Building, 1711 San Jacinto Boulevard, 3rd Floor, Austin, Texas (Attention: Ron Arnett). Issued in Austin, Texas, on July 19, 1991. TRD-9108856 Michael T. Phillips Committee Member Texas Committee on Purchases of Products and Services of Blind and Severely Disabled Persons Filed: July 24, 1991 For further information, please call: (512) 459-2604 Office of Consumer Credit Commissioner Notice of Rate Ceilings The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Texas Civil Statutes, Title 79, Articles 1.04, 1.05, 1.11, and 15.02, as amended (Texas Civil Statutes, Articles 5069-1.04, 1.05, 1.11, and 15.02). [graphic] Issued in Austin, Texas, on July 22, 1991. TRD-9108855 Al Endsley Consumer Credit Commissioner Filed: July 24, 1991 For further information, please call: (512) 479-1280 Texas Commission for the Deaf Consultant Proposal Request In compliance with Texas Civil Statutes, Article 6252-11c, the Texas Commission for the Deaf (TCD) is requesting proposals for the provision of services to eligible deaf and hearing impaired individuals. Services to be delivered through contract include interpreter services, information and referral services, services to elderly deaf persons, and message relay services. Contact Person. Further information regarding the provision of the previously stated services to deaf individuals and requests for form packets necessary to submit the proposals may be directed to Mr. Billy Collins, Direct Services Manager, Texas Commission for the Deaf, (512) 444-3323. Deadline for Submittal of Proposals. Deadline for the receipt of proposals in the offices of the Texas Commission for the Deaf is on or before August 30, 1991, at 5 p.m. Proposals received after the established deadline cannot be considered for selection. Proposals are to be addressed to Billy Collins, Direct Services Manager, Texas Commission for the Deaf, P.O. Box 12904, Austin, Texas 78711-2904. Guidelines for Submitting Proposals. Guidelines for delivery of service programs will provide assurances that each contractor will, as a minimum: be an agency, organization, or individual who is willing to provide service(s) to deaf and hearing impaired persons in a specified geographical area; provide a location and description of the intended headquarters to be used in the delivery of services; show an anticipated number of persons willing to utilize the services; be willing to cooperate with the commission regarding its goals, standards, requirements, and recommendations; be capable of selecting the area of service(s) most needed within a fiscally conservative budget, and submit such budget to the commission for review; possess the necessary skills, knowledge, and expertise for the planning, development, and implementation of needed services; designate a service provider for the activity; utilize, to the highest degree possible, local, community, and state resources; furnish the commission with reports, as required, in the format prescribed by the commission; and establish and maintain a method to secure and maintain the confidentiality of records and services relating to clients in accordance with any and all applicable state and federal rules, laws, and regulations. Proposal Evaluation Criteria. Proposals will be evaluated by the commission on the following basis: submission of the proposal on or before the established deadline; operation of the program within commission authority; submission of the proposal addressing all required areas; respondent's program plan; respondent's ability to provide a high-quality program aimed at meeting the individual needs of the client; letters of endorsement and/or cooperation; and ability to implement program upon receiving notification from the commission on award of contract. Contract Award and Allocation Procedures. Final selection will be made by the commission, using previously mentioned evaluation procedures. Award will not necessarily be made to the contractor or applicant offering the lowest cost. Close consideration will be given to the ability to provide quality direct services based on the commission's evaluation criteria. The commission reserves the right to accept or reject any or all proposals submitted as well as to refuse any or all renewals with previous contractors. The commission is under no legal requirement to execute a resulting contract on the basis of this advertisement and intends the materials provided only as a means of identifying the various elements which the commission considers basic to a delivery of direct services. The commission will base its choice on demonstrated rated competence, qualifications, and evidence of superior conformance to criteria. This request does not commit the commission to pay any costs incurred prior to execution of a contract. The commission will announce the contracts award for fiscal year 1992 in the commission's open meeting. The contracted services shall begin on September 1, 1991. Contracts will include the possibility for amendments to permit additional funds or re-allocation of funds during the contract period if such funds become available. Funding will be determined by the commission using a commission-approved formula in the distribution of monies among selected and approved contractors. Conditions for Termination of Services. Services provided may be terminated if the contractor fails to comply with contract requirements. Issued in Austin, Texas, on July 24, 1991. TRD-9108920 Larry D. Evans Executive Director Texas Commission for the Deaf Filed: July 26, 1991 For further information, please call: (512) 444-3323 Texas Education Agency Request for Applications RFA #701-92-013. This request for application is filed in accordance with ESEA, Chapter 2, Public Law 100-297, sec.1531. Eligible Applicants. The Texas Education Agency (TEA) is requesting applications (RFA #701-92-013) from institutions of higher education, regional education service centers, and public school districts in Texas for the development of a community awareness package on the appropriate uses of technology, particularly calculators, in the teaching of mathematical problem solving to students in Texas. The community awareness package is part of the Chapter 2 project entitled Using Technology for Access to Problem Solving approved for 1991-1992 by the State Board of Education in March 1991. Description. This project includes the development of awareness materials to be used with groups of parents and community members. The package is critical to the overall Chapter 2 project because of the common misconceptions among the public about the use of calculators in mathematics classrooms. It is intended that the successful applicant will gather existing materials, including videotapes and print materials, and will develop additional handout materials and transparency masters or other visual aids. The target audience for receiving awareness training is parents and community members in participating school districts, with an emphasis on parents of students in grade 8. The objective of this project is to develop an awareness package on appropriate uses of calculators in mathematics classrooms so that school personnel can easily conduct sessions ranging in length from a 20 minute overview to a hands-on session of an hour or more. The package will include masters for print materials and for visual aids, as well as guidelines for presenters. Evaluation will include field-testing of the package and appropriate revision, with a final report due at the end of the contract period. Dates of Project. The awareness package will be developed and field-tested between October 1, 1991 and December 6, 1991. It will be delivered to the Texas Education Agency no later than December 31, 1991. Project Amount. One project will be funded, for an amount not to exceed $20,000. This is a one-time only development project and is 100% federally funded from EESA, Chapter 2. Selection Criteria. Applications will be selected based upon the ability of the applicant to carry out all requirements contained in the request for application. Special consideration will be given to applicants that base their projected work on directions established by the Texas Education Agency as described in Starting Today: A Guide to Improving Texas Mathematics Programs in the 1990s, and on directions described in the National Council of Teachers of Mathematics' Curriculum and Evaluation Standards for School Mathematics and Professional Standards for Teaching Mathematics. Special consideration will also be given to applicants whose projected work addresses the needs of all students in a district, especially those who have traditionally been unsuccessful in mathematics and those who have been underrepresented in mathematics (especially minority and disadvantaged students). Special consideration will also be given to applicants whose projected work supports staff development modules developed as part of the Texas Mathematics Staff Development Program (a state-level Eisenhower Title II project). Texas Education Agency reserves the right to select from the highest ranking applications that which best addresses the needs of all Texas students and that which best supports the goals described in the mathematics essential elements of the Chapter 75 concerning rules for curriculum. Requesting the Application . A copy of the complete request for application (RFA #701-92-013) may be obtained by writing or calling the Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701, or call (512) 463-9304. Please refer to the RFA # in your request. Further Information. For clarifying information about this request contact Dr. Bill Hopkins, Mathematics Section, Division of General Education, Texas Education Agency, (512) 463-9585. Deadline for Receipt of Applications. The deadline for submitting an application is 5 p.m., Friday, September 13, 1991. Issued in Austin, Texas, on July 23, 1991. TRD-9108986 Lionel R. Meno Commissioner of Education Filed: July 29, 1991 For further information, please call: (512) 463-9701 Texas Department of Health Application for Maternal and Child Health Block Grant Under the authority of the Omnibus Budget Reconciliation Act (Act) of 1981, the Texas Department of Health (TDH) is making application to the United States Public Health Service for funds to continue the maternal and child health services block grant during federal fiscal year (FFY) 1992. A FFY 1992 application for funds and 1990 annual report has been prepared by TDH for the block grant as required by the Act. Prior to the preparation of this report, eight public hearings were held within TDH's public health regions, and public comments received at these hearings have been included. The application consists of: budget/fiscal information; statements of compliance and assurances; plan for coordination of services; needs assessment for preventive care services for maternal and infant health, children and adolescents, and children with special health care needs; goals and objectives; and, annual plan. The application is available for public review and comment by any person (including any federal, state, local, or other public agency) and may be viewed at the Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7470. Written comments regarding the block grant may be sent prior to August 12, 1991, to Beverly L. Koops, M.D., Associate Commissioner of Family Health Services, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Issued in Austin, Texas, on July 29, 1991. TRD-9108991 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Filed: July 29, 1991 For further information, please call: (512) 458-7470 Designation of Sites Serving Medically Underserved Populations The Department of Health (department) is required under Texas Civil Statutes, Article 4495b, sec.3.06, to designate sites serving medically underserved populations. In addition, the department is required to publish notice of its designations in the Texas Register and to provide an opportunity for public comment on the designations. Accordingly, the department has designated the following as a site serving medically underserved populations: The Cancer Therapy and Research Center of South Texas, 4450 Medical Drive, San Antonio, Texas 78229. Designation is based on proven eligibility as a site serving a disproportionate number of clients eligible for federal, state, or locally funded health care programs. Oral and written comments on the designations may be directed to Carol Daniels, Chief, Bureau of State Health Data and Policy Analysis, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756 (512) 458-7261. Comments will be accepted for 30 days from the date of this notice. Issued in Austin, Texas, on July 29, 1991. TRD-9108989 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Filed: July 29, 1991 For further information, please call: (512) 458-7261 Notice of Revocation of Certificates of Registration The Texas Department of Health, having duly filed complaints pursuant to Texas Regulations for Control of Radiation, Part 13 (25 TAC sec.289.112), has revoked the following certificates of registration: Jesse C. Lopez, D.D.S., Inc., Houston, R09930, date of action June 25, 1991; James O. Baker, D.D.S., Dallas, R08376, date of action June 25, 1991; Medical Park Laboratory, Odessa, R04075, date of action June 25, 1991; Byron N. Coward, D.D.S., Corpus Christi, R04222, date of action June 25, 1991; Dentures Incorporated, San Antonio, R15093, date of action June 25, 1991; Research Biogenics, Inc., Bastrop, R13919, date of action June 25, 1991; Sheppard Dental Centers Incorporated, Irving, R13297, date of action June 25, 1991; John M. Donohue, D.P.M., Houston, R11067, date of action June 25, 1991. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, 1212 East Anderson Lane, Austin, Monday-Friday, 8 a. m. to 5 p.m. (except holidays). Issued in Austin, Texas, on July 24, 1991. TRD-9108863 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Filed: July 24, 1991 For further information, please call: (512) 835-7000 Pursuant to Texas Regulations for Control of Radiation (TRCR), Part 13, (25 TAC sec.289.112), the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following registrants: Terrell Veterinary Center, Terrell, R15435; Cigna Healthplan of Texas, Inc., Irving, R15381; Houston Community College System, Houston, R14349; Austin Dental Group, Austin, R13654; John J. Murphy, M.D., P.A., Cleveland, R12670; Hood County Animal Hospital, Granbury, R12652; Radiation Therapy Services, Inc., Fort Worth, R12633; Baxter Chiropractic Clinic, Stafford, R11589; George L. Palmer, D.D.S., M.S., Burleson, R10561. The department intends to revoke the certificates of registration; order the registrants to cease and desist use of radiation machine(s); order the registrants to divest themselves of such equipment; and order the registrants to present evidence satisfactory to the bureau that they have complied with the orders and the provisions of the Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint, the department will not issue an order. This notice affords the opportunity to the registrants for a hearing to show cause why the certificates of registration should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with David K. Lacker, Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the certificates of registration will be revoked at the end of the 30-day period of notice. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, 1212 East Anderson Lane, Austin, Monday-Friday, 8 a.m. to 5 p.m. (except holidays). Issued in Austin, Texas, on July 29, 1991. TRD-9108988 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Filed: July 29, 1991 For further information, please call: (512) 835-7000 Pursuant to Texas Regulations for Control of Radiation (TRCR), Part 13, (25 TAC sec.289.112), the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following registrants: Bernard Bratkowski, D.P.M., Dallas, R11416; John W. Lane, D.D.S., Waco, R09988; Joe Naylor, D.D.S., Houston, R07670; Bruce Pendergrass, D.C., Webster, R07587; Peter Kurilecz, Jr., M.D., P.A., Dallas, R04475. The department intends to revoke the certificates of registration; order the registrants to cease and desist use of radiation machine(s); order the registrants to divest themselves of such equipment; and order the registrants to present evidence satisfactory to the bureau that they have complied with the orders and the provisions of the Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint, the department will not issue an order. This notice affords the opportunity to the registrants for a hearing to show cause why the certificates of registration should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with David K. Lacker, Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the certificates of registration will be revoked at the end of the 30-day period of notice. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, 1212 East Anderson Lane, Austin, Monday-Friday, 8 a.m. to 5 p.m. (except holidays). Issued in Austin, Texas, on July 24, 1991. TRD-9108866 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Filed: July 24, 1991 For further information, please call: (512) 835-7000 Notice of Intent to Revoke Radioactive Material Licenses Pursuant to Texas Regulations for Control of Radiation (TRCR), Part 13, (25 TAC sec.289.112), the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following licensees: Perfojet Services, Inc., Midland, L01112; El Paso Engineering and Testing Co., El Paso, L04325; Texas Perforating Company of Gainesville, Gainesville, L01000; Texas Testing Laboratories, Inc., Dallas, L00094; Endocrinology Laboratory, San Antonio, G01268. The department intends to revoke the radioactive material licenses; order the licensees to cease and desist use of such radioactive materials; order the licensees to divest themselves of the radioactive material; and order the licensees to present evidence satisfactory to the bureau that they have complied with the orders and the provisions of the Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint, the department will not issue an order. This notice affords the opportunity to the licensees for a hearing to show cause why the radioactive material licenses should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with David K. Lacker, Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the radioactive material licenses will be revoked at the end of the 30-day period of notice. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, 1212 East Anderson Lane, Austin, Monday-Friday, 8 a.m. to 5 p.m. (except holidays). Issued in Austin, Texas, on July 24, 1991. TRD-9108865 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Filed: July 24, 1991 For further information, please call: (512) 835-7000 Notice of Proposed Radioactive Material License Amendment and Availability of Technical Evaluation of License Application Notice is hereby given by the Texas Department of Health that it proposes to amend the following Radioactive Material License: L03024 issued to Total Minerals Corporation (mailing address: Total Minerals Corporation, P.O. Box 111, Bruni, Texas 78344) for expansion of the licensed area of the West Cole Project located in Webb County. The West Cole Project is an in situ uranium recovery facility, which is located about 1.5 miles north of Bruni, Texas. The amendment would authorize an addition of 734.2 acres, adjacent to the existing 547.7-acre licensed area, for a total licensed area of 1281.9 acres. The amendment authorizes three new wellfields and associated facilities within the expansion area. Uranium recovered from the new wellfields would be delivered to the process plant in the existing licensed area either by pumping pregnant lixiviant through a pipeline from a new pumping station or trucking loaded ion-exchange resin from a new satellite plant. The Division of Licensing, Registration and Standards has determined that: the licensee is qualified by reason of training and experience to use the material in question for the purpose requested in accordance with Texas Regulations for Control of Radiation (TRCR) in such a manner as to protect public health and safety and the environment; the licensee's proposed equipment, facilities, and procedures are adequate to protect public health and safety and the environment; the licensee has demonstrated financial capability to conduct the proposed activity, including all costs associated with decommissioning, decontamination, disposal, reclamation, and long-term care and maintenance, if any; the licensee satisfies any applicable special requirements in TRCR, Part 43; and the amendment of the license will not be inimical to public health and safety nor have a long-term detrimental impact on the environment. A document titled "Technical Evaluation of License Application" has been prepared and is available through this Agency. This notice affords the opportunity for a public hearing on the proposed amendment to the license. The public hearing on the amendment to the license will be held if the Agency has received written request for hearing from a person affected no later than 5 p.m., 30 days from the date of publication of this notice in the Texas Register. A person affected is defined as a person who is a resident of a county, or a county adjacent to a county, in which the radioactive materials are or will be located, including any person who is doing business or who has a legal interest in the county or adjacent county, and any local government in the county; and who can demonstrate that he has suffered or will suffer actual injury or economic damage. A hearing may be requested by writing David K. Lacker, Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by Agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is to be represented by an attorney, the name and address of the attorney also must be stated. Should no request for a public hearing be timely filed, the license will be amended. Should a timely request be made, a hearing shall be conducted pursuant to the provisions of the Texas Health and Safety Code, sec.401.054 the Administrative Procedure and Texas Register Act Article 6252-13a, Texas Civil Statutes, the Formal Hearing Procedures of the Texas Department of Health, 25 TAC 1.21 et seq.; and TRCR, Part 13. Copies of all relevant material are available for public inspection and copying at the Bureau of Radiation Control, 1212 East Anderson Lane, Austin, Texas. Information relative to the amendment of this specific radioactive material license may be obtained by contacting David K. Lacker, Chief, Bureau of Radiation Control (Director, Radiation Control Program), Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189, (512) 835-7000, or by visiting 1212 East Anderson Lane, Austin. Issued in Austin, Texas, on July 29, 1991. TRD-9108987 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Filed: July 29, 1991 For further information, please call: (512) 835-7000 Notice of Revocation of Radioactive Material Licenses The Texas Department of Health, having duly filed complaints pursuant to Texas Regulations for Control of Radiation, Part 13 (25 TAC sec.289.112), has revoked the following radioactive material licenses: Techcraft Systems, San Antonio, L03777, date of action June 25, 1991; Geolog Wireline Services, Inc., Luling, L03713, date of action June 25, 1991; MCP Machining Company/Dallas Turbine, Inc., Addison, L04272, date of action June 25, 1991. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, 1212 East Anderson Lane, Austin, Monday-Friday, 8 a. m. to 5 p.m. (except holidays). Issued in Austin, Texas, on July 24, 1991. TRD-9108864 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Filed: July 24, 1991 For further information, please call: (512) 835-7000 Houston-Galveston Area Council Request For Proposal It is the intention of the Houston-Galveston Area Council of Governments (H-GAC) to purchase a color electrostatic plotter for use with the Data Services Department's Geographic Information System (GIS). The GIS consists of several networked workstations and IBM compatible personal computers. The network is a thinwire Ethernet; workstations are Hewlett-Packard Series 9000, Model 400S and 400T units; PCs are 386-based units, operating in terminal emulation mode for full graphics editing capability. GIS software is ARC/INFO, version 5.01. The color electrostatic plotter must be at least capable of handling 36 inch width continuous roll media, with a plot speed of approximately two inches per second. Minimum resolution is 400 dpi. The unit should offer built-in raster to vector conversion and support a plot nesting feature. Installation, user training, maintenance, and support will be the responsibility of the selected vendor/contractor. A copy of the scope of work and detailed specifications will be furnished upon request to: Mr. Max Samfield, Data Services Manager, Houston-Galveston Area Council, 3555 Timmons Lane, Suite 500, Houston, Texas 77027. Anyone wishing to submit a proposal must do so no later than 5 p.m., August 15, 1991, at the above address. Issued in Houston, Texas, on July 26, 1991. TRD-9108982 Jack Steele Executive Director Houston-Galveston Area Council Filed: July 29, 1991 For further information, please call: (713) 627-3200 Texas Department of Human Services Public Notice of Closed Solicitation Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code and 40 TAC sec.19.2004, in the September 11, 1990, issue of the Texas Register (15 TexReg. 5315), the Texas Department of Human Services (TDHS) is closing the solicitation for new Medicaid beds in Goliad County, County Number 088, which appeared in the November 21, 1989, issue of the Texas Register (14 TexReg 6144). The solicitation is being closed effective the date of this public notice. Issued in Austin, Texas, on July 26, 1991. TRD-9108922 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Filed: July 26, 1991 For further information, please call: (512) 450-3765 State Board of Insurance Notifications Pursuant to the Texas Insurance, Code Chapter 5, Subchapter L The State Board of Insurance has approved statistical calls for 1991 experience, as prepared by the National Association of Independent Insurers. The board has approved NAII statistical calls for Automobile Physical Damage Experience; Countrywide Allocated and Unallocated Loss Adjustment Expense--Automobile Liability and Automobile Physical Damage Experience Calendar Year 1990; Quarterly Automobile Liability and Outstanding Loss Report; Burglary Experience; Fidelity and Surety Experience; General Liability Experience; Glass Experience; Inland Marine Experience; Boiler and Machinery Experience; and Professional Liability Experience. The order approving these statistical calls is effective 15 days after publication in the adopted rule section of the Texas Register , as required by Articles 5.96 and 5.97. This notification is made pursuant to the Texas Insurance Code, Articles 5.96 and 5. 97, which exempts it from the requirements of the Administrative Procedure and Texas Register Act. Issued in Austin, Texas, on July 26, 1991. TRD-9108959 Nicholas Murphy Chief Clerk State Board of Insurance Filed: July 26, 1991 For further information, please call: (512) 463-6327 The State Board of Insurance has approved statistical calls for 1991 experience, as prepared by the Insurance Services Office. The Board has approved the following ISO statistical calls: statistics under the Filing Schedule; the Personal Automobile Statistical Plan and the Personal Automobile Minimum Statistical Plan; the Commercial Statistical Plan and the Commercial Minimum Statistical Plan; and Boiler and Machinery Inspection Cost Statistics. The order approving the statistical calls is effective 15 days after notice of this action is published in the adopted rule section of the Texas Register, as required by Articles 5.96 and 5.97. This notification is made pursuant to the Texas Insurance Code, Articles 5.96 and 5.97, which exempts it from the Administrative Procedure and Texas Register Act. Issued in Austin, Texas, on July 26, 1991. TRD-9108960 Nicholas Murphy Chief Clerk State Board of Insurance Filed: July 26, 1991 For further information, please call: (512) 463-6327 The State Board of Insurance has approved statistical calls for 1991 experience, as prepared by the National Independent Statistical Service. The board has approved NISS statistical calls for Automobile Physical Damage Experience; Automobile Liability Experience and Excess Losses Report; Commercial Minimum Statistical Plan Experience; Annual General Liability Experience; Burglary, Robbery and Theft Experience; Fidelity, Surety and Forgery Experience; Glass Experience; and Inland Marine Experience. The order approving these statistical calls is effective 15 days after notice of this action is published in the adopted rule section of the Texas Register , as required by Articles 5.96 and 5.97. This notification is made pursuant to the Texas Insurance Code, Articles 5.96 and 5.97, which exempt it from the requirements of the Administrative Procedure and Texas Register Act. Issued in Austin, Texas, on July 26, 1991. TRD-9108961 Nicholas Murphy Chief Clerk State Board of Insurance Filed: July 26, 1991 For further information, please call: (512) 463-6327 North Central Texas Council of Governments Region 40-Radio Communications Plan: State Agency Frequencies (821-826 MHz Band) The purpose of this notice is to inform state agencies that beginning December 1, 1991, the Region 40-Regional Review Committee will release radio frequencies in the 821-826 MHz band, previously reserved for statewide use, to local governments. Twenty such frequencies have been reserved for state agency use for two years. Due to the lack of frequencies available for local government use, it is not necessary to release the frequencies to local governments if state agencies have not requested same by December 1, 1991. Please direct inquiries to Frederic W. Keithley, North Central Texas Council of Governments, P. O. Drawer COG, Arlington, Texas 76005-5888, or to Charles Bowles, Chairman, Region 40-Regional Review Committee at 3310 Matadore Drive, Garland, Texas 75042. Issued in Arlington, Texas, on July 23, 1991. TRD-9108911 William J. Pitstick Executive Director North Central Texas Council of Governments Filed: July 25, 1991 For further information, please call: (817) 640-3300 Texas State Board of Pharmacy Public Hearing Notice The Texas State Board of Pharmacy will conduct a public hearing beginning at: 9 a.m., Tuesday, August 6, 1991, at the Embassy Suites Hotel North, 5901 IH-35 North, Austin. The purpose of the hearing is to receive testimony regarding the following proposed rules, and simultaneous repeal of the existing rules published in the June 7, 1991, edition of the Texas Register: s291.36, Class A Pharmacies Compounding Sterile Pharmaceuticals, relating to standards for the operation of Class A pharmacies that dispense compounded sterile pharmaceuticals. The public is encouraged to attend the hearing and to present evidence or options regarding the proposed rule. Written testimony is encouraged. The board would appreciate receiving a copy of all written testimony before the hearing. The testimony and questions regarding the public hearing should be addressed to: Fred S. Brinkley, Jr., R.Ph. Executive Director/Secretary, Texas State Board of Pharmacy, 8505 Cross Park Drive, Suite 110, Austin, Texas 78754-4594. Issued in Austin, Texas, on July 26, 1991. TRD-9108938 Fred S. Brinkley, Jr., R.Ph. Executive Director/Secretary Texas State Board of Pharmacy Filed: July 26, 1991 For further information, please call: (512) 832-0661 Public Utility Commission of Texas Notice of Petition For Waiver of Substantive Rules 23.11 and 23.12 Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition on July 9, 1991, to waive Public Utility Commission Substantive Rule 23.11 and 23.12. Docket and Title Number . Application of Farmers Electric Cooperative, Inc. of New Mexico for exemption from filing earnings monitoring reports required by Public Utility Commission Substantive Rule 23.11 and 23.12, Docket Number 10485 before the Public Utility Commission of Texas. The Application. In Docket Number 10485, Farmers Electric Cooperative, Inc. of New Mexico filed an application seeking waiver of Public Utility Commission Substantive Rule 23.11 and 23.12. Persons who wish to intervene in the proceeding or comment upon action sought, should contact the Public Utility Commission of Texas, at 7800 Shoal Creek Boulevard, Suite 400N, Austin, Texas 78757, or call the Public Utility Commission Public Information Office before August 16, 1991, at (512) 458-0256. The telecommunications device for the deaf (TDD) number for the Public Information Office is (512) 458-0221. Issued in Austin, Texas, on July 25, 1991. TRD-9108953 Mary Ross McDonald Secretary of the Commission Public Utility Commission of Texas Filed: July 26, 1991 For further information, please call: (512) 458-0100 Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition on July 18, 1991, to waive Public Utility Commission Substantive Rule 23.11 and 23.12. Docket Title and Number . Application of Harmon Electric Association, Inc. for exemption from filing earnings reports required by Substantive Rule 23. 11 and 23.12, Docket Number 10499 before the Public Utility Commission of Texas. The Application. In Docket Number 10499, Harmon Electric Association, Inc. filed a petition seeking waiver of Public Utility Commission Substantive Rule 23.11 and 23.12. Persons who wish to intervene in the proceeding or comment upon action sought, should contact the Public Utility Commission of Texas, at 7800 Shoal Creek Boulevard, Suite 400N, Austin, Texas 78757, or call the Public Utility Public Information Division at (512) 458-0256 or (512) 458-0221 teletypewriter for the deaf before September 6, 1991. Issued in Austin, Texas, on July 26, 1991. TRD-9108952 Mary Ross McDonald Secretary to the Commission Public Utility Commission of Texas Filed: July 26, 1991 For further information, please call: (512) 458-0100 The Texas A&M University System Public Notice Pursuant to Senate Bill 404 and House Bill 1654, Acts of the 71st Legislature of the State of Texas, the following candidates are finalists for the position of chancellor of The Texas A&M University System and upon the expiration of 21 days' final action is to be taken by the Board of Regents of The Texas A&M University System: Dr. Eddie J. Davis, Dr. Edward A. Hiler, Dr. Herbert H. Richardson, General Thomas C. Richards (Retired). Issued in College Station, Texas, on July 26, 1991. TRD-9108939 Bill Presnal Executive Secretary of the Board of Regents The Texas A&M University System Filed: July 26, 1991 For further information, please call: (409) 845-0920