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 1. ADMINISTRATION 
 Part IV. Office of the Secretary of State 
  Chapter 95. Uniform Commercial Code 
  
  Standard Forms 
 
  1 TAC sec.95.51 
 
  The Office of the Secretary of State adopts an amendment to sec.95.51, 
concerning prescribed forms, without changes to the proposed text as published 
in the April 7, 1992, issue of the Texas Register (17 TexReg 2451). 
 The amendment increases agency's efficiency in processing UCC filings and 
promotes compliance with form printing specifications. 
 The amendment provides a method for approval of Texas standard UCC forms and 
provides a grace period for filing previously approved standard forms. 
 No comments were received regarding adoption of the amendment. 
 The amendment is adopted under the Texas Business and Commerce Code, sec.9. 
409, which provides the Office of the Secretary of State with the authority to 
prescribe the forms to the used in making any filing or in requesting any 
information under the Texas Business and Commerce Code (UCC). 
 
  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 May 26, 1992. 
 TRD-9207269 
  Audrey Selden 
 Assistant Secretary of State 
 Office of the Secretary of State 
  Earliest possible date of adoption: June 17, 1992 
 For further information, please call: April 7, 1992 
         
  
  TITLE 31. NATURAL RESOURCES AND CONSERVATION 
 Part IX. Texas Water Commission 
  Chapter 331. Underground Injection Control 
  
  Subchapter A. General Provisions 
 
  
  The Texas Water Commission (commission) adopts amendments to sec.sec.331.2, 
331.14, 331.42, 331.43, 331.45, 331.46, 331.61, and 331.121, and new 
sec.sec.331. 161-331.171, concerning permit requirements for solid waste 
management facilities, specifically dealing with the construction and operation 
of salt dome caverns by injection well technology under the authority of the 
Texas Injection Well Act and the federal Safe Drinking Water Act. The commission 
will also be withdrawing consideration of proposed amendments to sec.sec.331.3, 
331.47, 331.62, 331.63, 331.64, 331.65, 331.66, 331.67 and 331.68. 
 Amendments to sec.sec.331.2, 331.14, 331.42, 331.43, 331.45, 331.46, and 331. 
121 and new sec.sec.331.162, 331.164, 331.165, 331.166, 331.168, 331.169, 
331.170, and 331.171 are adopted with changes to the proposed text as published 
in the March 24, 1992, issue of the Texas Register (17 TexReg 2185). The 
amendment to sec.331.61 and new sec.sec.331.161, 331.163, and 331.167 are 
adopted without changes and will not be republished. 
 Written comments to the proposed amendments and new sections pertaining to this 
title were submitted to the commission by the following: the law firm of Akin, 
Gump, Hauer & Feld, L.L.P., the law firm of Blackburn & Carter the law firm of 
Brown McCarroll & Oaks Hartline, Du Pont-Beaumont Works, Families Against a 
Contaminated Environment (F.A.C.E.), the law firm of Fulbright & Jaworski, 
Gibraltar Chemical Resources, Inc., Golden Storage Services, Inc., the law firm 
of J. Mark Lawless, the law firm of McElroy & Sullivan, Monsanto Chemical 
Company, the Public Interest Counsel of the Texas Water Commission, National 
Laboratories, the law firm of Scanlan & Buckle, Sterling Chemicals, Texas 
Chemical Council, and several concerned citizens. 
 In addition, comments were received from citizens at public meetings conducted 
by the commission in the following Texas cities: Austin, Wharton, and Dayton. 
 Comments were received pointing out that the proposed rules do not include the 
requirement of the Texas Health and Safety Code, sec.361.114, which requires 
that the commission must, prior to issuing a permit, find there is an urgent 
public necessity for the hazardous waste injection well in a solution-mined salt 
dome cavern. It is the commission's position that this is a statutory condition 
on the issuance of a permit for such a well and, as such, it is not necessary 
that it be specifically cited in the regulations. By law, such a finding has to 
be made before the commission can issue such a permit. 
 Several commenters recommended that the proposed rules be modified such that 
applicants be required to reimburse all costs for legal and technical fees 
incurred by opposition parties in contested case hearings. While the commission 
acknowledges that such fees may be very high, the commission is constrained in 
rulemaking to the statutory provisions in the Health and Safety Code, 
sec.361.082(g) which provides that: 
 "(g) On request under section 361.082 by a person affected for a hearing on the 
permit application, the applicant for a permit for a new hazardous waste 
management facility shall furnish a bond or other financial assurance authorized 
by the Commission to guarantee payment of the costs of a person affected who 
provides information to the Commission on the question of the issuance of the 
permit and who is entitled to those costs under an order made as provided by 
Section 361.0833. For applications involving commercial hazardous waste 
management facilities, the bond or other financial assurance must be in the 
amount of $100,000. For applications that do not involve commercial hazardous 
waste management facilities, the bond or other financial assurance must be in 
the amount of $20, 000." Any deviation from this legislative language must be 
accomplished through the legislative process rather than by rule change. A 
number of commenters suggested that the proposed rules should provide that 
applications for cavern well disposal permits be heard not only by a legal 
examiner, but also by a technical examiner who is qualified to analyze the 
technical data and advise the commission as to its reliability. Prior to the 
passage of Senate Bill (SB) 1099 (73rd Texas Legislature), commission hearings 
examiners have utilized commission staff which had not participated in a 
specific hearing to assist in evaluating evidence presented in accordance with 
the Texas Civil Statutes, Article 6252-13A, sec.17 (the Administrative Procedure 
and Texas Register Act-or APTRA). Section 1.08 of SB 1099 (found in the Texas 
Health and Safety Code at sec.361.0831), however, appears to place the 
additional restriction that, unless required for the disposition of ex parte 
matters authorized by law, a hearings examiner may not communicate, directly or 
indirectly, with any employee of the commission in connection with any issue of 
fact or law pertaining to a contested case in which the commission or party is 
involved. Due to the apparent inconsistency between APTRA and SB 1099, the 
commission has requested an opinion from the Attorney General's Office on this 
matter and a reply is pending. Further, this comment would also appear to apply 
to a number of areas over which the commission has regulatory authority. As 
such, the commission intends to study this issue further following receipt of 
the attorney general's opinion, but is not prepared to propose such a rule at 
this time. 
 Several comments were received which suggested that rules should require that 
the siting of the hazardous waste management facility should be such that no 
possibility of drainage into any source of surface water exists, in order to 
adequately protect drinking and fresh water. The commission believes that the 
operative standard is protection of drinking and fresh water. In response to 
this comment, the commission would point out that existing rule sec.335. 205(e) 
places the burden of proof on the applicant to make a demonstration that the 
facility will be operated in such a manner as to safeguard public health and 
welfare and protect physical property and the environment at any distance beyond 
the facility's property boundaries. This standard would apply to protection of 
drinking and fresh water. 
 In addition proposed rule sec.331.162 requires that: "the operator and 
permittee shall assure for construction, operation, maintenance, monitoring, 
closure, and post-closure of a Class I salt cavern solid waste disposal well and 
associated cavern, the continuous attainment of a performance standard of no 
escape of hazardous constituents from the injection zone. To qualify for a 
permit or to otherwise operate a Class I salt cavern solid waste disposal well 
and associated cavern, permit applicants and facility operators must demonstrate 
that this performance standard will be satisfied even if it is necessary to go 
beyond the minimum operating requirements described in the proposed rules." 
 These performance standards will involve a thorough examination, including 
opportunity for public hearing, of proposals to construct and operate a 
facility. 
 A number of commenters recommended that the commission should require a buffer 
zone around a solution-mined salt dome cavern hazardous waste management 
facility with a radius of at least 2 1/2 miles or the "area of review," in order 
to adequately protect the public from accidents at the facility and to minimize 
negative off-site impacts. In response to this comment, the commission notes 
that existing rule sec.335.205(e) prohibits issuance of a permit for a new 
commercial hazardous waste management facility that is proposed to be located at 
a distance greater than 1/2 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. The 
commission believes the recommended language is unnecessary given the 
performance language in existing rules. The requirement of an applicant to 
safeguard public health and welfare and protect physical property and the 
environment necessarily extends at any distance beyond the facility's property 
boundaries, to the extent the facility may affect a given area. 
 One comment was received urging that rules developed for salt dome storage 
include provisions for enforcement to include fines and prison sentences for the 
officials in the company. The same commenter also stated that the enforcement 
agency should be technically qualified to determine nonconformance and 
performance/operational errors through unscheduled, unannounced, and frequent 
inspections. In response to this comment, the commission would point out that it 
has well-defined enforcement procedures which address violations of the it's 
rules and permits. Under both the Texas Water Code, Chapter 27 and the Texas 
Health and Safety Code, Chapter 361, the commission may bring suit against 
violators in both civil and criminal proceedings. In addition, the commission 
has the authority to assess administrative penalties. In addition, the 
commission does perform unannounced inspections at hazardous waste management 
facilities. Finally, SB 1099 gave authority to the commission to require annual 
independent audits at commercial hazardous waste facilities, which would include 
any commercial hazardous waste salt cavern disposal well facility. 
 Numerous comments were submitted suggesting that the proposed rules be more 
specific as to sec.331.121 regarding determining if an injection well is in the 
public interest. Specifically, it was suggested that the commission should 
consider at a minimum: all negative impacts or externalities of the proposed 
facility on any portion of the public, including, but not limited to, public 
health and safety, natural resources, human resources property rights and 
values, social and governmental institutions and resources, existing economic 
activities, and the environment; the means, if any, by which the applicant 
proposes to prevent or to mitigate these negative impacts; the safety and 
reliability of the proposed technology, including the safety and reliability of 
similar salt-dome facilities and waste disposal practices; and the availability 
of methods to produce and use the products from which the wastes are generated 
without creating any hazardous waste and the possibility of treating the wastes 
so that the wastes are not hazardous. 
 Other commenters suggested that the rules similarly require a report on the 
socioeconomic effects on the community. With regard to the comments related to 
public health and safety, protection of physical property and the environment, 
the commission believes that the Texas Water Code, sec.25.051(g)(2)(C) directly 
addresses these concerns. Similarly, the commission believes it has the 
authority currently to evaluate the safety and reliability of similar salt-dome 
facilities and waste disposal practices in consideration of permit issuance as 
long as consideration is based on a site specific review of evidence presented. 
In this vein, the commission will consider the requirement of public interest 
and urgent public necessity on a case-by-case basis. With regard to 
socioeconomic factors, existing rule sec.335.180 provides that based on its 
assessment of the application with respect to local land use, the commission may 
deny an application in accordance with sec.335.66(i) or impose permit conditions 
deemed necessary to minimize or mitigate detrimental impacts on local land use. 
Section 335.180 further specifies minimum considerations for land use 
compatibility determination including: the location of industrial and other 
waste-generating facilities in the area; the amounts of hazardous waste 
generated by those facilities; the risks associated with the transportation of 
hazardous waste to the facility; and 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. 
 In addition, the commission may consider any of the following criteria in 
determining compatibility of a facility with local land use: the risk of fires 
or explosions from improper storage and disposal methods; the distance from the 
site boundary to existing structures; potential effects on natural, scenic, 
historic, aesthetic, or environmentally sensitive areas; and location of the 
facility in relation to high-hazard areas such as 100-year hurricane flood 
zones. 
 It is the commission's opinion that the socioeconomic concerns provided in the 
comments are land-use compatibility issues. While the suggested changes to the 
proposed rules are not being made at this time, the commission is amenable to 
receiving further comment on possible changes to sec.335.180. It is noted that 
local land use compatibility determinations are required for all applications 
for new hazardous waste management facilities, including hazardous waste salt 
cavern disposal well facilities. 
 With regard to determination of public interest and the comment that an 
additional consideration be included in the rules regarding the availability of 
methods to produce and use the products from which the wastes are generated 
without creating any hazardous waste, and the possibility of treating the wastes 
so that the wastes are not hazardous, the commission believes that the Water 
Code, sec.27.051(d)(2) addresses this. Section 27.051(d)(2) specifically 
requires commission consideration of whether there is a practical, economic, and 
feasible alternative to an injection well reasonably available to manage the 
types and classes of hazardous waste. 
 Several comments were received expressing concern over fresh water usage in the 
development of salt caverns. If surface waters are diverted for this use, then a 
water rights permit from the commission would be required. Although the 
commission has recently asserted jurisdiction over part of the Edwards Aquifer 
as an underground river, the commission does not have jurisdiction over 
withdrawal of ground water unless the specific aquifer meets the criteria for an 
underground river. It is the commission's position that legislative changes 
would be necessary to allow regulation of such activities. 
 One commenter recommended that the proposed rules be modified to include 
training requirements for facility personnel, such as Occupational Health and 
Safety Agency (OSHA) criteria. In response to this comment, OSHA regulations do 
specify training requirements for hazardous waste facility personnel under 29 
Code of Federal Regulations (CFR), sec.1910.120. In addition, both state and 
federal hazardous waste regulations contain training requirements for personnel 
at hazardous waste management facilities including general hazardous waste 
management procedures, contingency plan implementation, and emergency response 
procedures. There are further requirements for written job descriptions 
including training requirements and the maintenance of records that training has 
been given to, and completed by, facility personnel. It is noted that these 
requirements apply to all hazardous waste facilities subject to permit. As such, 
the commission believes that the current regulatory framework addresses the 
concern. Therefore, additional training requirements specific to hazardous waste 
salt cavern disposal facilities is not included in these rules. 
 A comment was received that the proposed creation of new provision sec.331. 
3(b)(3) was proper in its intent, but incorrect in its placement. The commission 
agrees, and accordingly will move the subject provision to newly created 
sec.331.1(c), to specify that variances from the prohibition of injection of 
hazardous waste authorized by 40 CFR Part 148 are not within the scope of the 
commission's jurisdiction. 
 Many comments were received on proposed amendments to sec.331.2 which provides 
definitions of terms relating to the underground injection control program. A 
summary of these comments and the commission's response follows. 
 In the definition of the term "caprock," it was suggested that the word 
"calcium" be inserted immediately preceding the word "carbonate." The commission 
agrees that this insertion is appropriate, noting that the chemical formula for 
calcium carbonate (CaCO3) was clearly a part of the definition as originally 
proposed. 
 Concerning the definition of the term "disturbed salt zone," it was suggested 
that the definition be supplemented to address the possibility that the subject 
zone could be changed by activity during any cavern phase including the post-
closure phase. Also, it was suggested that the definition recognize that such a 
zone may be disturbed in aspects other than permeability. The commission agrees 
to implement both suggestions, and so amended sec.331.2 "Disturbed salt zone." 
 It was suggested that the existing definition of the term "injection zone" not 
be changed, noting that the commission's intent in proposing a new definition 
based on containment of hazardous waste was unclear with respect to its possible 
application to wells injecting nonhazardous waste streams. The commission 
recognizes that the issue raised is unclear, and agrees to hold back the 
proposed change for additional study. 
 It was suggested that the second sentence be dropped from the proposed 
amendment to the definition of the term "long-string or production casing," 
because this sentence is not essential to the definition and its presence 
carries with it a potential for confusion. The commission agrees and has made 
the appropriate change. 
 It was suggested that a definition be provided for the term "lost circulation 
zone." The commission has implemented this suggestion. 
 It was suggested that the proposed definition of the term "new waste stream" 
not be added to the rules, claiming that such definition would cause unnecessary 
confusion concerning notification requirements. The commission will take 
additional time to study this issue, and is deferring until later, the proposal 
to define the subject term. 
 Agreeing with suggestions made during the comment period, the commission 
proposes further modification of the definition of the term "out of service" to 
include the condition "when injection is prohibited due to the well's inability 
to comply with the in-service operating standards of this chapter." The 
commission calls attention to the insertion of the words "in-service" and the 
change of the final word of the proposed definition from "section" to "chapter." 
 Agreeing with suggestions, the commission has corrected punctuation within the 
proposed definition of the term "salt cavern confining zone" by deletion of the 
colon and replacement of the semicolon with a comma. 
 Agreeing with suggestions, the commission has corrected punctuation within the 
proposed definition of the term "salt cavern injection zone" by deletion of the 
colon and replacement of the semicolon with a comma. Also, in agreement with one 
suggestion, the commission has dropped the phrase "and an additional thickness 
of undisturbed salt sufficient to assure to reasonable certainty that there will 
be no migration of hazardous constituents from the salt cavern injection zone 
for as long as the waste remains hazardous, as required by 40 CFR Part 148, 
Subpart C," and has substituted "and an additional thickness of undisturbed salt 
sufficient to ensure that adequate separation exists between the outer limits of 
the injection zone and any other activities in the domal area." In making this 
change, the commission notes that the proposed performance standard of 
sec.331.162 goes beyond the standard imposed by 40 CFR Part 148, and makes 
unnecessary the reference to the federal standard. Further, the concept of 
adequate separation between the salt cavern injection zone and any other 
activities in the domal area, was a direct concern of the commission's Technical 
Advisory Group (TAG) on Salt Cavern Waste Disposal. The "adequate separation" 
language also appears as a required consideration prior to permit issuance, in 
the proposed sec.331.121(d)(4). 
 The commission wishes to correct the omission from the published version of the 
proposed definition of the term "salt cavern solid waste disposal well or salt 
cavern disposal well," the words "relating to" immediately preceding the word 
"regulations." 
 On the proposed definition of the term "salt stock," comments were received 
urging specification of a minimum percentage of the mineral halite (NaCl) and a 
maximum angle of deviation of 10 degrees from true vertical. The commenters 
indicated that the proposed definition's characterization of a salt stock as 
"dominated by halite" was vague. These commenters pointed out that other 
materials mixed with halite can potentially provide porous and permeable 
pathways for migration of fluids through rock. Further, the commenters noted 
that the proposed definition's use of the word "dominated" could be construed to 
suggest that a material could be classified as "salt stock" which was composed 
of as little as 50% halite, or even less. The commission appreciates these 
comments, but finds no scientific basis for exact specification of such limits 
in the salt stock definition. While the commission's TAG clearly attached great 
importance to determinations of the geologic suitability of a salt stock for 
contained waste disposal, the TAG did not recommend precise numerical 
(quantitative) limits as standards for salt caverns. It is noted that the 
commenters also declined to suggest what the minimum allowable percentage of 
halite in a salt stock should be. Further, the term "salt stock" is commonly 
used by geologists, and the commission has no intention of appropriating the 
term in question only for the context of these rules. 
 Also, the commission is not aware of anything in the literature to justify, for 
example, disallowing a vertically oriented salt formation with a vertical axis 
orientation of 11 degrees from true vertical, from being a "salt stock." Sharing 
with the commenters a vital interest in determining the appropriateness of a 
salt stock for underground storage and disposal, the commission believes that 
the proposed additions to sec.331.121 specifying geotechnical requirements and 
considerations in a thorough characterization of a salt stock for a permit 
application, and the overriding performance standard of sec.331.162, address all 
reasonable concerns over the appropriateness of any salt stock for perpetual 
waste containment. 
 The same individuals commenting on the salt stock definition commended the 
creation of proposed sec.331.14 and its proposed repetition within sec.331.161, 
to prohibit salt cavern disposal wells within "horizontally-bedded or non-domal 
salt". In the commission's view, the subject prohibition is warranted until the 
special geotechnical considerations of creating, operating and closing caverns 
in non-domal salt can be more fully studied, and specific regulations can be 
developed. It should also be noted that SB 1099 addresses waste disposal in 
"salt dome caverns" and makes no mention of waste disposal in non-domal salt. 
Also, one commenter suggested that the prohibition contained in  sec.331.14 and 
sec.331.161 be expressed as a prohibition of salt cavern disposal wells in 
geologic structures or formations other than salt stocks of salt domes, noting 
that the proposed rules contain definitions of the terms "salt stock" and "salt 
dome." The commission agrees, and has adjusted the wording. 
 Several comments were received on proposed changes in sec.331.42(a), 
questioning the partial listing of required area of review (AOR) information, 
and urging that the section rely on the contained reference to sec.331.121, to 
provide a complete listing of the information required to be gathered within the 
subject area around a proposed or existing Class I injection well. The 
commission agrees, and has implemented these suggestions. 
 One comment on the proposed sec.331.42(a) urged that the requirement of waste 
fate calculations for the area of review be either dropped or clarified, citing 
lack of clear guidance on methods for such determinations. The commission will 
take additional time to study this issue, and is deferring until later, the 
proposed specification of this information in sec.331.42(a). 
 Concerning proposed sec.331.42(b), a comment was received suggesting replacing 
the provision's use of the undefined term "salt cavern Class I well" with the 
defined term "salt cavern solid waste disposal well or salt cavern disposal 
well." The commission agrees with this suggestion, and had made the appropriate 
change. 
 Two comments pointed out the need to insert the word "or" at the end of 
proposed sec.331.42(b)(2)(A), to make clear that the two options provided under 
sec.331.42(b)(2) are alternatives and not cumulative. One comment on proposed 
sec.331.42(b)(2)(B) urged radial expansion of the area of review by an extra 1/4 
to 1/2 mile beyond that of the proposed provision (relating to the largest 
cross-section area of the salt stock). The basis for this comment was that most 
drilling activity is performed in the strata off the flanks of the salt stock, 
and these same flanking strata commonly exhibit extensive faulting and 
deformation. After consideration of all comments on sec.331.42(b), the 
commission concludes that the most appropriate way to define the salt cavern 
area of review is by the sum of a minimum 2 1/2 mile radius and the definition 
of the salt dome itself, as including the salt stock plus the deformed strata 
around the stock. Such an area of review will provide a more comprehensive 
assessment of hydrogeologic factors, co-use of the salt dome area, and ambient 
monitoring extending from the cavern field to the background of areas peripheral 
to the salt stock. 
 On the proposed changes to sec.331.43 relating to mechanical integrity 
standards, many comments were received indicating that conditioning the standard 
on the indication of a measurable or detectable leak or movement of fluid, was 
an unnecessary or even unauthorized departure from the "significant" qualifier 
in the present USEPA regulations for injection wells in 40 CFR, sec.146.8. 
Citing a USEPA precedent in published guidance for oxygen activation logging, 
some comments suggested that the mechanical integrity standard could be 
developed to specify quantitative (numerical) standards. Also, several of the 
same commenters urged against the proposed inclusion of the wellhead in the 
mechanical integrity standard, pointing out that the requirement for a wellhead 
free of leaks was already provided by sec.331.66(a) (3) and (proposed) 
sec.331.168(a)(3). The commission will take additional time to study this issue, 
and will defer until later the proposal to amend sec.331. 43(a) of the 
mechanical integrity standard. 
 One comment suggesting addition of "or in the case of salt cavern disposal 
wells, the salt cavern injection zone" to immediately follow the term "injection 
zone" which occurs within the proposed amendment to sec.331.43(a), has 
subsequently become unnecessary because of the commission's decision to not 
change the existing wording of the paragraph, as discussed in the previous 
paragraph of this preamble. 
 One comment suggested insertion of "or waste in any solid, liquid, or gas 
phase" between the words "fluid" and "movement" in the proposed sec.331.43(a). 
Putting on hold any plans for substantial modification of the existing 
specifications of  sec.331.43(a), the commission still feels no need to insert 
the suggested additional wording between "fluid" and "movement" in the existing 
language, noting that the term "fluid" is defined in sec.331.2 to include 
"material or substance which flows or moves whether in a semisolid, liquid, 
sludge, gas, or any other form of state." Based on the definition of fluid, the 
commission therefore considers the term to encompass waste which flows or moves 
in any form. 
 Finally, on the mechanical integrity standard of sec.331.43(a), a commenter 
questioned whether the use of the word "significant" was construed to mean 
"measurable" in the context of a leak through or outside of well tubulars. The 
commenter suggested that any leak in a hazardous waste injection well is 
significant. In response, the commission notes that the term "significant" as 
applied to leaks, is presently a part of the federal mechanical integrity 
standard for injection wells, provided by 40 CFR, sec.146.8. Whereas the 
proposed amendment of the mechanical integrity standard of sec.331.43(a) was 
intended as a refinement to allow differentiation of: slow losses of annulus 
fluid into the authorized injection zone; from slow discharges of any fluids 
into unauthorized subsurface zones, the commission will require additional time 
to study the issue in response to the comments received, especially those 
regarding possible conflicts with the federal standard. 
 On proposed sec.331.43(b), one commenter advised the addition of "s" at the end 
of the word "subsection," and following the resulting word "subsections" with " 
(c) and (d)" to clarify that mechanical integrity procedures for injection wells 
are not applicable to salt caverns, and that salt cavern integrity standards are 
provided in sec.331.43(c). The commission has implemented these suggestions. 
 Also, concerning sec.331.43(b)(1), the commission has implemented suggestions 
received to delete the words "or wellhead" from the proposed rule changes. As 
noted previously in discussion of similar comments regarding sec.331.43(a), both 
sec.331.66(a)(3) and sec.331.168(a)(3) require wellheads to be maintained 
without leaks. 
 Concerning proposed sec.331.43(c), one commenter pointed out that overhangs in 
the wall of a salt cavern would be encompassed by the terms "anomalies or 
irregularities," and suggested deletion of the semicolon and substitution of a 
comma in its place. The commission agrees, and has made the recommended changes. 
Also, a comment was received pointing out that the pressure criteria in the 
proposed cavern integrity standard is perhaps more appropriate than the 
requirement for no "overhangs, anomalies or irregularities." Some irregularities 
are common features of solution mining, without necessarily posing any technical 
problem. The commission understands that application of such a standard 
requiring no anomalies or irregularities will be largely subjective, but points 
out that sonar surveys should adequately determine if there are any irregular 
areas in the cavern that would be difficult to fill with waste. Cavern pressure 
testing should complete the basis for judging overall cavern integrity. 
Recalling comments received from review of early drafts of the proposed rules, 
including comments directly from members of the TAG, a consensus was reached 
that a cavern need not be a perfect cylinder in cross section, nor perfectly 
smooth-walled, but sufficiently regular in shape to permit complete filling. 
 Following a suggested wording change for sec.331.43(c)(1), the commission 
agrees to amend the proposed provision as follows: "has no anomalies or 
irregularities, that would prevent optimum cavern filling or that would prevent 
the cavern from holding pressure; and". 
 Also, following a suggested wording change for sec.331.43(c)(2), the commission 
agrees to amend the proposed provision as follows: "has no pressure 
communication or fluid flow between other caverns, or formations outside the 
salt stock. Except as authorized by subsection (d) of this section, the tests to 
show salt cavern integrity will consist of cavern pressure and sonar tests". 
 One commenter urged the addition of wording to proposed  sec.331.43(d), to 
extend the executive director's authority to approve alternate methods for 
integrity demonstrations to salt caverns. However, another commenter pointed out 
that the executive director's authority to approve additional procedures for 
mechanical integrity demonstrations for wells (which for years has been stated 
in 31 TAC Chapter 331) conflicted with 40 CFR, sec.146.8(d). The rule referenced 
from the federal code prohibits anyone other than the administrator of the USEPA 
or his authorized representative from approving other tests for well mechanical 
integrity in a USEPA-authorized underground injection control (UIC) program. On 
demonstration of salt cavern integrity, however, 40 CFR Part 146 is silent, and 
the commission must retain the right to provide all necessary standards for 
protection of human health and the environment. The commission will be subject 
to the requirements of 40 CFR sec.146.8(d), pertaining to well mechanical 
integrity demonstrations necessary for a USEPA-authorized UIC program, but will 
authorize the executive director to require any additional test or procedure, 
beyond those stipulated in sec.331. 43(b) and(c), and beyond those approved by 
the EPA administrator, as the executive director considers necessary for 
demonstrating salt cavern integrity. Consequently, sec.331.42(d) was changed to 
make clear that method changes must be approved by the USEPA. 
 One commenter urged that proposed sec.331.43(e) require performance and 
evaluation of mechanical integrity tests according to official guidance 
developed by the commission or the USEPA. The commission has implemented this 
suggestion. 
 Many comments were received on the proposed changes to  sec.331.45, relating to 
certification of construction and completion. Some commenters indicated that the 
differentiation between requirements for "Class I wells other than salt cavern 
disposal wells and associated caverns" and "salt cavern disposal wells and 
associated caverns" was unclear. Some commenters suggested insertion of words to 
remedy this problem. For provisions specifically addressing "salt cavern 
disposal wells and associated caverns," it was suggested that the defined terms 
"salt cavern injection zone" and "salt cavern confining zone" be used in place 
of the more generic terms "injection zone" and "confining zone." Also, its was 
commented that proposed provisions intended to specifically address "salt cavern 
disposal wells and associated caverns," in some cases, contained incorrect 
references to provisions in Subchapter D, instead of the correct part of the 
rules, Subchapter J. The commission agrees with all such comments and has 
implemented the suggested changes. 
 A comment was received that sec.331.45(b) should require that a salt cavern be 
certified as "dry." This comment involves an issue which the commission 
considers to be unresolved. It is noted that all proposals for salt cavern waste 
disposal at present, have proposed to emplace wastes in "dry" or "dewatered" 
caverns. While the TAG recommended emplacing wastes into brine- filled caverns 
to minimize the extent of the disturbed salt zone, such recommendation appears 
to conflict with the TAG's own stated recommendation that trapped fluids and 
gasses be minimized, since the cavern brine proposed for minimizing the 
disturbed salt zone could itself become the transport medium for hazardous 
wastes constituents, and may also be involved in possible chemical reactions 
within the cavern. 
 The commission's preferred approach on this issue, remains as proposed in the 
March 24, 1992, Texas Register . Specifically, it is the applicant's burden to 
propose all details of cavern design, construction, operation, and closure to 
meet the performance standard of  sec.331.162, to assure that no hazardous 
constituents will escape the salt cavern injection zone. The commission 
particularly does not wish to promulgate a standard to define "how dry is dry," 
in regard to salt caverns. The commission understands that in proposals to 
dewater solutioning brines from a salt cavern prior to waste emplacement, some 
residual brine will remain in the pores between anhydrite grains at the cavern 
floor. Also, the commission understands that under the pressure gradients which 
will exist in salt caverns that are operated at less than the natural pressures 
in the rock salt outside the salt cavern, extremely small amounts of 
intercrystalline brine may seep from the face of the rock salt into the cavern. 
 With regard to comments on the subject of dry salt caverns, the commission 
wishes to make a correction in the published version of sec.331.45(b)(4) and (6) 
, deleting the words "cavern dewatering" from each provision. 
 A comment was received urging deletion of the words "fluids and minerals" from 
provisions sec.331.45(b)(7), arguing that the defined terms "salt cavern 
injection zone" and "salt cavern confining zone" encompass the contents of these 
two zones. In response, the commission believes that substitution of the words 
"contents of" for the words "fluids and minerals in" is an appropriate action. 
 In response to a comment on sec.331.45(b)(8), suggesting that the phrase 
"throughout the area of review" be amended to "as required by the executive 
director within the area of review," it is the commission's preference to leave 
the provision as originally proposed, to provide for comparison of monitoring 
data for land subsidence and ground water quality in the cavern area, with the 
background of the rest of the salt dome area which substantially makes up the 
area of review. 
 Within sec.331.45(c)(1), the commission wishes to correct a typographical error 
by replacing "q" with "g" in the word "logging." 
 Having addressed the comments received on sec.331.45, the commission wishes to 
note the change in the designation of subsections and their subdivisions, from 
that system used in the existing rule section and repeated in the March 24, 
1992, published version of proposed amendments to the rule section. For 
consistency with other sections of 31 TAC Chapter 331, the first-order 
subdivision under sec.331.45 is changed from arabic numbering to the use of 
small-case letters, and the second-order subdivision is changed from large-case 
letters to arabic numbering. 
 On proposed changes to sec.331.46, detailing plugging and abandonment 
standards, a variety of comments were received. One comment urged that the term 
"plugging and abandonment," which is a carryover from decades of oil field 
terminology predating modern environmental regulations, be changed to "closure 
and securement." The commission is in substantial agreement with this 
suggestion, and has decided that the term "closure" will suffice as a 
replacement for the outmoded phrase "plugging and abandonment." Further, the 
commission notes that the terms "closure" and "post-closure" are already in 
common use in the Resource Conservation and Recovery Act (RCRA) program and the 
Texas solid waste program. 
 One comment indicated that it was difficult to tell which provisions of 
sec.331.46 applied only to salt cavern disposal wells and associated caverns. 
The commission has studied the proposed wording to identify and correct areas of 
potential confusion. It should be noted, that the proposed version of 31 TAC 
Chapter 331 differentiates between: " Class I injection wells other that salt 
cavern disposal wells and associated caverns"; and" salt cavern disposal wells 
and associated caverns." Regulations intended for only one of these two 
categories must clearly state which of the categories is being addressed. Also, 
the commission hopes it will be clear that regulations indicated in the rule 
language as being "for Class I injection wells" are applicable to all Class I 
injection wells including salt cavern disposal wells and their caverns. Also, in 
response to the comments, a new subsection (o) has been added to sec.331.46 to 
specify that salt caverns shall be closed according to the special requirements 
of sec.331.170. 
 One commenter suggested the commission add to sec.331.46(a), the requirement to 
observe and record pressure changes in the injection zone until the recorded 
values asymptotically approach the original bottom-hole pressure. The commission 
notes that it is typically considered appropriate to plug a well as soon as it 
has completed its useful operation, and that the tendency for pressure decay in 
the injection zone is independent of the plugging status of the injection well. 
The commission wishes to study this issue and obtain comments from well 
operators and qualified reservoir engineers, and is deferring until later any 
decision on the noted suggestion. 
 One comment suggested addition of the words, "or to the land surface" 
immediately following the word "aquifers" in sec.331.46(d). The commission 
agrees that such addition is appropriate. 
 Also, a suggestion was made on the proposed sec.331.46(1)(3), requirement for 
deed recording an injection well after closure. Noting that a salt cavern is 
unlikely to be perfectly cylindrical in shape, it was suggested that the 
provision require for salt caverns, that the maximum cavern radius be recorded 
on the deed. 
 Many comments were received on the proposed changes to the pond lining 
requirements of sec.331.47. Questions raised involved whether such rule changes 
would be retroactive in application to existing ponds, including ponds already 
covered by a variance from USEPA. Some comments questioned whether a maximum 
time was to be specified for retrofit of ponds not presently meeting the 
proposed standard. Additionally, some commenters indicated that the proposed 
rule change would pose an extreme burden on operators who have recently 
installed liners to standards which prevailed at the time of installation, but 
which do not exactly meet the newly proposed standards. The commission will need 
additional time to study this issue, and is deferring the proposed rule change 
until later. 
 No comments were received regarding the amendment of sec.331.61, which merely 
makes it clear that Subchapter D applies to all Class 1 wells other than salt 
cavern wells. Further, the title of Subchapter D is changed to reflect this 
fact. 
 One comment was received on sec.331.121(a)(2)(A) suggesting that information 
other than that found in the public record be required to be submitted in an 
application. Such a requirement would be difficult to enforce since such 
information is not in the public record, and is often proprietary. Therefore, 
the rule is not being changed at this time. 
 One commenter suggested that, for clarity, sec.331.121(a)(2)(B), be amended so 
that the phrases injection zone and confining zone be changed to salt cavern 
injection zone and salt cavern confining zone. The commission agreed and has 
made the changes throughout the chapter. 
 Several comments were received on sec.331.121(a)(2)(G)(i) which referred to 
fluid being injected. The term "fluid" can refer to either gases or liquids. 
Only wastes which are solid will be allowed to be disposed of in salt cavern 
disposal wells, therefore the commission replaced "fluid" with the more generic 
term "waste." 
 A commenter suggested that sec.331.121(a)(2)(L) be limited to address only 
repairs, closure, and contingent waste management plans, since the commenters 
felt that there has not yet been a disaster with a salt cavern failure. The 
commission feels that although no disasters have yet occurred, no such low-
pressure cavern facilities for hazardous waste have been built. The commission 
is taxed with protecting human health and the environment in waste management 
projects using either untried technologies or new applications of existing 
technologies. Therefore, no change has been made to sec.331.121(a)(2) (L). 
Another commenter requested that the contingency plan be based upon a worst case 
scenario. The commission agrees that contingency plans should be made for a 
reasonable worst case scenario, and so such language was added to 
sec.331.121(a)(2)(1). The clause was also added to sec.331.171(a)(4)(F), which 
indicates how financial assurance for post-closure care will be calculated. 
 Several comments were received on sec.331.121(a)(2)(N) which requested that 
salt cavern disposal wells be banned in salt domes where there are any unlocated 
unplugged wells. The commission is already required to consider unplugged wells 
in its decision, so no change is being made at this time. 
 One commenter suggested that sec.331.121(a)(2)(P) be amended to prohibit the 
use of any salt dome for hazardous waste storage that has a fault in the area of 
review (AOR). This request is beyond what the legislature mandated to the 
commission in SB 1099, and is therefore rejected. 
 Following one commenter's suggestion, the commission has changed sec.331. 
121(a)(4) by substituting "closure" for "plugging and abandonment." 
"Abandonment" implies that the location is deserted and that all activities 
cease, whereas the existing and proposed rules clearly require that monitoring 
must continue during the post-closure care period. 
 One commenter suggested that hazardous waste storage in salt domes be 
prohibited by sec.331.121(b)(2) when disposal alternatives exist. The commission 
believes that such a prohibition is inappropriate and overbroad, since although 
alternatives may exist, they may be unfeasible for a variety of reasons. The 
commission prefers to consider such issues on a case-by-case basis. No change 
will be made to sec.331.121(b)(2). 
 One commenter suggested additions to sec.331.121(d) which would add the 
following three items to the topics that the commission must consider before 
issuing a permit: mapping of underground sources of drinking water (USDWs) and 
aquifers; whether waste will remain solid under cavern temperature and 
pressures; and any threat to USDWs would be grounds for denial of the permit. 
Item 1 is already required in the technical report of the application. Item 2 is 
already covered by sec.331.121(a)(2)(G)(vi), and Item 3 is covered by the "non-
endangerment" standard of the Texas Water Code, sec.27.051 and the performance 
standard of no-escape found at new sec.331.162. Therefore, the suggested changes 
to sec.331.121(d) are not being made at this time. Several commenters suggested 
that sec.331.121(d)(1)(A) be more specific in defining what type of seismic 
reflection data was required to delineate the edge of the dome. The commission 
consulted Dr. Bob Hardage of the Texas Bureau of Economic Geology for guidance. 
He recommended that the regulations specify a surface recorded three-dimensional 
seismic grid survey sufficient to image underneath all suspected overhangs. 
These requirements have been added as sec.331.121(d)(1) (A). The three-
dimensional seismic grid survey will not be required for any applicants whose 
permit applications are administratively complete as of the effective date of 
these rules. All applicants must submit data that is sufficient to image 
underneath all overhangs, to delineate the edge of the salt stock, and to 
address any conditions that could result in potential adverse impacts of the 
salt stock. 
 A commenter suggested that sec.331.121(d)(1)(D) include language to require 
that the structure of the strata surrounding the stock and its hydrodynamic 
properties and their relationships to USDWs be considered in an application. 
Several other commenters suggested that the edge of the salt cavern injection 
zone also be at least 1/4 mile from any USDWs. The commission agrees and has 
added this language to sec.331.121(d)(1)(D). 
 Several commenters requested that sec.331.121(d)(5) prohibit hazardous waste 
storage in a dome where natural gas is stored. The agency feels that a specific 
prohibition is unnecessary since all co-use of the dome must be considered by 
the commission on a case-by-case basis. 
 A commenter suggested that sec.331.121(d) be modified to require that the 
geologic characterization of the dome be part of the technical part of the 
application. Specific language to require the inclusion of this information in 
an application was added to sec.331.121(d). 
 A commenter suggested sec.331.121(d) include the requirement for a study of the 
suitability of all salt domes in Texas for hazardous waste storage. The Texas 
Department of Water Resources commissioned this study from the Bureau of 
Economic Geology in 1984. The bureau's reports, entitled "Computerized Inventory 
of Data on Texas Salt Domes," "Texas Salt Domes--Aspects Affecting Disposal of 
Toxic-Chemical Waste in Solution-Mined Caverns," "Texas Salt Domes: Natural 
Resources, Storage Caverns, and Extraction Technology," and "Phase III: 
Examination of Texas Salt Domes as Potential Sites for Permanent Storage of 
Toxic Chemical Waste" are available for review in the commission's library. 
 One commenter requested that the requirements of sec.305.50(8) also be required 
by sec.331.121(d). Section 305.50(8) is an exposure requirement for landfills 
and surface impoundments which are, during their active lives, open units. In 
such a scenario, there is a high probability of exposure. The performance 
standard of sec.331.162 specifies that a cavern not be permitted if there is a 
reasonable expectation of release from the salt cavern injection zone. The 
transportation and handling emergency scenarios which are also addressed in 
sec.305.50(8) are required by SB 1099 and are already in the commission rules at 
sec.335.182 and sec.335.183. Therefore, the commission feels that the 
requirements of sec.305.50(8) need not be included in sec.331.121(d). 
 One commenter suggested that sec.331.121(d) be amended by: replacing 
"appropriate" for "complete" in describing the geological characterization of 
the dome; adding "estimated" to describe salt movement and salt loss, and; 
substituting "construction" for "opening." The commission feels that 
"appropriate" would be subject to disagreements over the type and amount of 
information to be submitted but agrees that "complete" can be equally 
misleading. The commission therefore substitutes "thorough" for "complete" 
indicating that the commission requires well studied characterizations. The word 
"estimated" can imply a potential lack of "real" data. The commission will use 
the word "calculated" to indicate that there is data behind the numbers. Also, 
the commission has replaced "opening" with "construction" in order to clarify 
the regulation. 
 One commenter requested that sec.331.121(d)(2) include the establishment of 
subsidence and groundwater monitoring to be required as determined necessary by 
the executive director, rather than by the regulations. The commission feels 
that due to the importance of the requirement, it should remain as a regulatory 
requirement. Therefore, except for the addition of "salt cavern" to "injection 
zone," the original language stands. Regarding sec.331.121(d)(5), one commenter 
recommended that the word "commercial" be deleted because it would limit the 
types of activities considered. 
 One commenter suggested that the language in sec.331.161 (and sec.331.14) 
needed to be refined. Since the term "horizontally-bedded salt formation" was 
not specifically defined in the proposed rules, the commenter suggested that the 
prohibition on salt cavern disposal wells and associated caverns be specified 
for "geologic structures or formations other than salt stocks of salt domes." 
The commission has implemented this suggestion. 
 Numerous commenters supported the performance standard of sec.331.162. One 
commenter thought that the wording was too vague and that specific standards 
needed to be mentioned. One commenter was opposed to the performance standard of 
sec.331.162 for the following reasons: the standard was not required by SB 1099 
to be imposed on salt cavern injection wells; the commission staff and appointed 
experts were not in support of the standard; the standard would burden the 
commission staff without producing any environmental benefit and would be 
duplicitous of actions by the USEPA; the imposition of the "no escape" standard 
on only one form of hazardous waste management unit and not others would violate 
the Equal Protection guarantees of the Texas and U.S. Constitutions and threaten 
the commission's RCRA delegation. The commenter suggested further that if the 
commission insists on applying such a standard, that it be modified to be the 
same as the EPA no-migration standard. 
 In response, the commission believes that SB 1099 requires a strict performance 
standard for salt cavern disposal wells. As pointed out by the commenter, 
sec.1.23 of SB 1099 amended the Texas Water Code, sec.27.051(g)(2)(D) and states 
that the applicant has to demonstrate that the ground water and surface waters, 
including public water supplies, are protected from the release of hazardous 
waste from the salt dome containment cavern. The commission interprets the 
regulation to mean that hazardous waste cannot leave the salt cavern injection 
zone, since the term "ground water" refers to both saline as well as fresh 
water. The instructions from the legislature are far stricter than the previous 
non-endangerment standard, which protected only USDWs. 
 Also, the commission is not limited by the recommendations of the TAG, and may 
make any regulations it deems necessary to protect the ground waters in the 
state. Such was the nature of the request made by commission staff to the 
commissioners on February 12, 1992. That broad request for rulemaking authority 
was granted. 
 With regard to the commenter's reliance on the equal protection clause, the 
commission would point out that the application of the clause by the courts has 
not required exact equality, nor is it designed to guarantee uniformity. It does 
not require that things which are different in fact be treated as though they 
were the same. Finally, the less restrictive "rational basis" test (as opposed 
to the "strict scrutiny" test) would probably be applied in this instance. 
 The commission does not have the authority to make "no-migration" decisions, as 
required by congress, but that still does not prevent the state from having 
stricter requirements than the federal government. Since the disposal of 
hazardous waste in a low-pressure salt cavern is either: new and unproven 
technology; or new application of existing technology, the staff believes that 
the added level of protection provided by the no escape standard is necessary. 
Upon the recommendation of the staff, the commissioners discussed a time-frame 
for waste transport modelling. A consensus was reached to have a stricter time 
limit than used in federal no-migration petition demonstrations. Except for the 
change allowing waste transport to be modelled for 15,000 years, no other 
changes will be made at this time. 
 Numerous commenters commented on sec.331.163(b)(1). One commenter was concerned 
that the casing cement volume of a specified minimum of 120% of the calculated 
annulus volume, might not be enough to adequately fill the annulus space in some 
instances. It is reiterated that the 120% is a minimum figure and not an 
absolute upper limit. The commission does not feel that any change is needed. 
 Another commenter had questions regarding the requirement that casing and 
cement be designed for the life expectancy of the well. Specifically, questions 
were raised regarding what constitutes life expectancy of a well. The commission 
will require additional time, however, to consider these comments to determine 
the need for additional specifications on well life expectancy, and is deferring 
such comments to possible future rule making. 
 Another commenter also requested that alternative methods for casing through 
zones of lost circulation be specifically included in sec.331.163(b)(1). The 
commission feels that the regulations as currently written allow for the 
authorization of alternative methods provided that the owner adequately 
demonstrates that the cement is continuous or that no fluid or waste movement is 
allowed behind the casing. The commission believes that no further changes are 
needed. 
 Other commenters noted regarding sec.331.163(b)(1)(A) that there may not be any 
confining beds between the lowest USDW and the top of caprock, or that there may 
be no caprock. One commenter proposed setting the surface casing to the top of 
the caprock in cases where there is no appropriate confining zone. In cases 
where there is no caprock present, no suggestions were made. 40 CFR, sec.146.6 
requires that surface casing extend into a confining bed below the lowest 
formation containing a USDW or freshwater aquifer. The commission feels that to 
comply with the federal regulation, that if there is no confining bed between 
the salt and the lowermost USDW, then the surface casing will have to extend 
into the salt, which is a confining bed. Care will have to be taken to prevent 
contamination of the overlying USDWs, especially while drilling through the 
caprock and into the salt. 
 Numerous commenters recommended that the language of sec.331.163(b)(1)(A) be 
changed so that the depth of the surface casing would be required to be set 
below the lowermost USDW as projected from adjacent and outside of the dome. 
There are technical problems with this suggestion. By not setting the surface 
casing until after reaching a depth that corresponds to peripheral USDWs, great 
damage could be caused to the USDWs that lie directly above the dome. Salt-laden 
mud must be used while drilling into the salt dome. If the proposal was adopted, 
this salt mud would contaminate all of the USDWs above the salt dome. Therefore, 
the commission rejects this suggestion. 
 Several commenters also recommended that the language of  sec.331.163(b)(1)(A) 
be changed to require that the top of the cavern be lower than the base of the 
adjacent USDWs. The commission feels that sec.331.11, which incorporates 40 CFR 
sec.146.5, adequately protects USDWs that are located off of the flanks of a 
salt dome. Class I wells must inject waste beneath the lowermost formation 
containing, within 1/4 mile of the well bore, an underground source of drinking 
water. If the USDW is further than 1/4 mile away, then the restriction does not 
apply. Should any of the peripheral sands around the dome contain a USDW within 
1/4 mile of the proposed cavern, then the cavern cannot be permitted. Location 
of peripheral USDWs greater than 1/4 mile away from the wellbore would not 
prevent the construction of a disposal cavern. The commission sees no need to 
amend the federally derived definition. 
 Another commenter suggested that the surface casing depth be based upon the 
geology at the well location, rather than based upon regional geology. The 
commission is in substantial agreement with this comment, and has for many years 
required surface casing depths to be determined from on-site geologic data. 
 One commenter suggested that sec.331.163(b)(2)(E) and (F) be amended so that 
strength and durability of the casing be measured on-site after delivery. This 
is an interesting suggestion that should be studied for all UIC Class I wells, 
rather than just salt cavern disposal wells. The commission will consult with 
engineers including representatives of API and ASTM on the advisability of 
including the suggested change in future rule-making. 
 Section 331.163(c)(1) states that the annulus between the outer tubing and the 
long string be filled with a corrosion inhibiting fluid. One commenter suggested 
that the requirement be changed to a non-corrosive fluid. The commission agrees 
with this suggestion and has made the appropriate change. 
 Several commenters suggested that the requirements for seismic reflection data 
be more specific. In sec.331.163(e)(1)(F), at the recommendation of Dr. Bob 
Hardage of the Texas Bureau of Economic Geology, the requirement of a downhole 
three-component offset vertical seismic profile, to be analyzed to depict the 
three-dimensional nature of the salt-sediment interface, was added. Section 
331.163(e)(2)(A) describes pressure testing of casings. 
 One commenter suggested that surface casing be tested to mill test pressure or 
80% of the calculated internal pressure at minimum yield strength. The 
commission agrees and has made the appropriate change in the proposed rule. 
 Section 331.163(e)(3)(A) describes coring requirements. One commenter suggested 
that these cores be continuous and also suggested that they be photographed and 
archived. The commission agrees with this suggestion and has changed the 
proposed regulation to require that the photographs be submitted to the 
commission with the well completion report, and that the cores be archived and 
kept as public records. 
 Section 331.163(e)(3)(C) states that the core hole or pilot hole must be filled 
with a salt-saturated cement. One commenter pointed out that a salt mixture may 
be technically more appropriate than a cement. The regulation was changed to 
allow other materials at the discretion of the executive director. 
 Several commenters requested that sec.331.163(e)(3)(D) be deleted. As 
originally proposed, this provision would allow the executive director to waive 
or modify future coring projects in multi-cavern projects. The commission, upon 
reviewing the provision, agreed with the comments, and deleted this provision 
from the proposed rules. 
 Section 331.163(e)(4)(B) and (C) specifies logs approved for well mechanical 
integrity demonstrations. One commenter advised that reliability of such logs in 
large diameter casings is not perfect but that the technology is generally 
improving. The commenter suggested that at present such logs could provide 
useful baseline data only. The commission will require additional time to 
consult logging companies and the USEPA on the issue, and will leave the 
proposed specifications as originally published. 
 Section 331.163(h) requires that a registered professional engineer must 
supervise the construction of the well and workovers. In other instances in the 
regulations, the commission has required either a team approach (geologist and 
professional engineer) or a geologist to be responsible for certain portions of 
the application, construction, or operations of the salt cavern disposal well. 
Geologists and engineers are not interchangeable professionals. Each has 
specific and different skills and knowledge which are needed to properly locate, 
design, and operate a Class I salt cavern disposal system. The commission will 
recommend that these distinctions be extended to other UIC wells during future 
regulation revisions. 
 Several commenters indicated confusion regarding the location of the top of the 
cavern. The commission has modified sec.331.164(b) so that the top of the cavern 
is at least 100 feet below the base of the lowermost string of casing. The 
purpose of this "neck" of salt is to protect the casing seat from dissolution 
during cavern construction, and was erroneously omitted from the initial 
proposal. 
 Section 331.164(b)(1) describes the minimum distance between the cavern 
boundaries and the edge of the salt formation. Several commenters suggested 
that, for clarity, the term "salt stock" be replaced for "salt formation" and 
that the minimum distance be changed to the salt cavern injection zone and the 
edge of the salt stock. The commission agrees and made the changes in this 
section. Section 331.164(b)(2) states that adjacent caverns be separated by a 
sufficient thickness of undisturbed salt for safety and stability. Several 
commenters suggested that a specific distance or ratio, such as a pillar to 
cavern diameter (P/D) ratio be used. Other commenters stated that some 
professionals feel that small separations between caverns are more stable than 
larger ones. After reviewing all of the comments, the commission feels that a 
P/D ratio of 2.0, as recommended by researchers at Sandia National Laboratories 
for low-pressure salt caverns, would be a reasonable and conservative minimum 
spacing value. Therefore, sec.331.164(b)(2) includes a P/D ration of 2.0. 
 Several commenters also suggested that sec.331.164(b)(2) specify that salt 
cavern injection zones be forbidden to touch or overlap. The commission agrees 
and has added the statement requiring that salt cavern injection zones be 
separated by a confining thickness of salt. 
 One commenter suggested that sec.331.164(b)(3) needs additional specific 
criteria to prevent major structural deficiencies from occurring. The commission 
feels that additional specific criteria, at this time, would limit the 
commission's ability to evaluate applications on a case-by-case basis. 
Therefore, sec.331.164(b)(3) stands as proposed. One commenter suggested that, 
referring to sec.331.164(b)(4), all fluid is banned in salt caverns by federal 
regulations. The section quoted is the section regulating the development of the 
cavern, which is done by dissolution and therefore fluid must be put into the 
salt. Federal regulations ban the placement of liquid hazardous waste in salt 
caverns, not the injection of water into salt. 
 Regarding sec.331.164(d)(2), one commenter recommended that the commission 
require that cavern pressure tests be required to be performed with gas, not 
liquids, since gas flows more easily through a porous and permeable medium. The 
commission must, however, allow for cavern pressure testing to meet the 
particular circumstances of the cavern contents throughout the cavern life. 
Therefore, in response to the comment the suggestion has not been used, but the 
wording has been changed to correctly place the burden on the permit applicant 
or operator to propose the details of the cavern pressure testing for each phase 
of the cavern, which will meet the cavern integrity standard in sec.331.43 and 
the performance standard of sec.331.162. 
 One commenter requested that, in sec.331.164(e)(2), cavern integrity be 
required to be demonstrated after every well workover where a well mechanical 
integrity test was required. The commission feels that the cavern integrity will 
in most cases not be affected by a workover of the well, however, in response to 
the comment, an addition was made to sec.331.164(e)(2) to give the executive 
director authority to require demonstration of cavern integrity when the 
executive director believes the workover may affect the seals at the casing 
seat, or any other part of the cavern. 
 Several commenters expressed a concern that salt cavern injection zones not be 
closer than 1/4 mile to a USDW. A statement, in sec.331.164(f)(2)(D), requiring 
that the operator certify that the salt cavern injection zone boundaries are at 
least 1/4 mile from any USDW was added to the requirements for cavern 
certification. 
 One commenter suggested that, throughout the rules that determinations and 
demonstrations be required to be made within a "reasonable scientific 
certainty." The commission feels that it is unnecessary to include this phrase 
throughout the regulations, since all technical demonstrations already meet or 
exceed professional standards by the commission staff and the suggested phrase, 
which has no definition, adds no greater protection than the professional 
judgement and ethics of each professional. 
 Several commenters suggested that the word "fluid" in sec.331.165(a)(3) be 
replaced with "gas." The commission agrees that only inert gases are to be in 
the well annulus during the waste disposal phase of a salt cavern project, and 
has made the appropriate change. 
 One commenter suggested that sec.331.165(a)(4) be amended to add additional 
requirements which all waste must pass before being injected. One suggestion was 
to require treated waste to pass an equivalent to the EPA liquids release test 
conducted at lithostatic pressure (1,500-2,000 psi). This method (EPA SW 846 
method 9096) is typically conducted at 50 psi. The other recommendation was to 
make the treated waste pass a leaching test similar to the toxic characteristic 
leaching procedure (TCLP) test to ensure that waste will not leach hazardous 
constituents in the event the treated waste comes into contact with brine or 
liquid waste. Method 9096 was developed to determine if a chemical reaction 
(solidification) rather than absorption had occurred when a waste was treated. 
Method 9096 was also later applied in the LDR rules to demonstrate chemical 
change in treatment verse dilution (which is impermissible). The commission 
feels that the test is inappropriate for the use the commenter suggested, and 
does not have the resources to do the basic research necessary to develop a 
test. Therefore, no change is recommended at this time. The TCLP is already 
required for most treated wastes by the land disposal restriction (40 CFR Part 
268), unless the cavern has been granted a "no-migration petition" from EPA. 
 Several commenters suggested that sec.331.165(a)(5) be amended to require that 
waste streams be stabilized to prevent the generation of liquids as well as 
gases in the cavern. The commission agrees and recommends that "gases" be 
replaced with the more inclusive term "fluids." 
 Numerous commenters have suggested that sec.331.165(a)(8) be amended to require 
that the cavern be operated at lithostatic pressure. The commission disagrees, 
noting that industry standards for cavern pressure testing involve test 
pressures of approximately 0.8 psi/ft of depth at the casing seat. Further, it 
will be the applicant's burden under the performance standard of sec.331.162 to 
assure that a cavern will be operated in a manner which will: maintain the 
extent of the disturbed salt zone within the salt cavern injection zone, and 
assure that any pressures exerted on the casing seat after a cavern is sealed 
will not increase beyond lithostatic pressure to a degree where fracturing will 
occur. 
 One commenter observed that sec.331.165(a)(9) referred only to the loss of well 
mechanical integrity. The commission added cavern integrity to the regulation to 
correct the omission. Several commenters made suggestions to improve the 
notification method required by sec.331.165(a)(11)(A)(vi). In addition to 
notifying the commission and placing an ad in the local newspaper, in the event 
of an unauthorized release to a USDW or freshwater aquifer, the company shall 
notify, within 24 hours, the local health authority, and all adjacent land 
owners. 
 One commenter observed in sec.331.165(a)(12) that the injected waste was 
referred to as a slurry, which would imply that free liquids could be injected. 
Since the injection of free liquids is banned, alternate wording is proposed. 
The commenter also observed that the word "significant" could be interpreted 
loosely and was concerned with the disposal of any leachate, brine, or gas that 
might be contaminated with hazardous waste. In response, the commission adds 
sec.331.165(a)(15), which requires that all fluids purged from the cavern, after 
emplacement of waste begins, to be disposed of as a hazardous waste. 
 Several commenters recommended that sec.331.165(a)(13), require that waste 
emplacement should be done in such a manner so as to leave a solid waste mass 
with no entrapped gas or fluid. The purpose of such a requirement would be to 
ensure that the cavern's integrity is not compromised by the overpressuring of 
entrapped gas, due to the encroachment or natural closure of the salt. While 
theoretically an attractive idea, the concept is impractical. In order to have 
no entrapped gas or fluid, a completely solid waste, the waste would have to be 
injected in a continuous-batch liquid phase for solidification in the cavern. 
Liquid disposal of hazardous waste is banned in salt caverns by U.S. law. 
Another alternative is to form the waste into granules, which would leave some 
space between particles when disposed of. The most reasonable regulation, in the 
commission's view, is therefore to have a standard prohibiting the waste or its 
manner of solidification and emplacement from disrupting the integrity of the 
cavern, and then to require the applicant to demonstrate that it's waste 
placement practices will meet the standard. 
 Several commenters expressed a concern that sec.331.165(a)(15) would allow the 
emplacement of liquid hazardous waste in a salt cavern. The purpose of 
sec.331.165(a)(15) is to insure that any gases and/or liquids removed from a 
salt cavern during or after waste emplacement would be properly handled as state 
and federal law requires. The rule was rephrased to clarify this intent. 
 One commenter noted in sec.331.165(c) that "temporary cessation of operations" 
was not clearly defined. The commission will continue to study this suggestion, 
with the possibility of future rule modifications. The rule is being left as 
originally proposed to require the executive director's review and approval to 
remove a well and associated salt cavern from waste disposal status and to 
provide standards during the temporary cessation period. 
 Several commenters suggested that sec.331.166 require that all test results be 
submitted directly to the executive director. This data is reviewed on-site by 
the commission staff during inspections. The request that all injection well 
continuous monitoring data be electronically monitored continuously by the field 
office staff would overly burden the field office staff. Quarterly reports are 
already reviewed by both the field offices and the central office in Austin. 
 Also regarding sec.331.166, several commenters suggested that the commission 
require electronic reporting of data. The commission is currently working on 
such a system, but believes that it is premature to add such a requirement to 
its regulations at present. 
 Numerous commenters requested more detailed cavern monitoring requirements in 
sec.331.166. Since the cavern void will be gas-filled during the waste disposal 
operations, cavern pressures can be continuously recorded by the wellhead 
pressure. The volumes and compositions of the displaced cavern fluids are 
already required to be continuously monitored. At the suggestion of one 
commenter, the commission has added language to sec.331.166(c) to specify that 
the composition of displaced gases in the cavern be continuously monitored for 
changes. If changes are noted, then samples will be taken and analyzed. 
 Regarding sec.331.166(f), several commenters suggested that the commission 
require that sonar tests be required annually. Also, commenters suggested that 
the requirement that "an operator maintain mechanical integrity of an injection 
well at all times that the well is 'in service'," as required by sec.331.166(e), 
be mirrored in sec.331.166(f), to require an operator to always maintain cavern 
integrity. The commission agrees with these comments and 
 331.166(f) has been modified accordingly. 
 One commenter suggested in sec.331.166(h)(3) that monitoring wells should be 
required to be monitored at an accuracy, frequency, and density sufficient to 
protect USDWs and fresh or surface water. The commission agrees that this 
qualification is needed, but will not delineate in the regulations specific 
values, in order that the commission may have the flexibility to consider each 
instance on a case-by-case basis. 
 Section 331.166(j) was clarified to state that the monitoring of leachate and 
any other additional monitoring or testing requirements would be specified as 
permit conditions. 
 On proposed sec.331.168 relating to "additional requirements and conditions, " 
one comment was received on sec.331.168(b). The proposed paragraph is a 
carryover of language from sec.331.66 which requires that where potentials exist 
to generate gases from reactions between the wastes and the injection formation, 
permit provisions include: limits on pH, temperature, or acidity; and provisions 
to assure that pressure imbalances do not occur which might cause a backflow or 
blowout to occur. The commenter indicated that wastes with the potential to 
generate liquid or gas should be prohibited from cavern disposal. The 
commission, in response, recognizes that sec.331.168(b) appears to be 
unnecessary in consideration of the sec.331.165(a)(5) requirement that "the 
waste stream shall be stabilized, prior to injection, to minimize the generation 
of gases in the cavern." However, requiring provisions and equipment for control 
of any sudden backflows or blowouts from a well is a basic safety precaution in 
the field of deep well technology. During normal in-service operations, such 
control is provided by the wellhead and its associated valves. During workovers, 
such control is provided by mechanical devices called "blow-out preventers." The 
commission therefore modifies the proposed version of sec.331.168(b) to specify 
that "pressure control equipment consisting of blowout preventers or a wellhead 
with closeable valves, shall be required to be installed and maintained in 
proper operating condition at all times at the casing head, extending from the 
time of advancing the surface casing hole after conductor casing is set, to the 
time of well closure, to safeguard against any pressure imbalance which might 
cause a backflow, blowout, or fracturing of the salt to occur." 
 Several comments were received on proposed sec.331.169 concerning record-
keeping requirements, suggesting that records be stored on computer disk, and 
transmitted electronically to the commission, where they would be available for 
review by commission staff and the public. The commission hopes to soon develop 
a capability for electronic reporting of injection well data, and therefore, 
will take additional time to study the subject comment for its possible 
application to all Class I injection wells. At present, the commission considers 
the reporting requirements of sec.331.167 and the record-keeping requirements of 
sec.331.169, both of which address salt cavern disposal wells and caverns, to be 
appropriately consistent with parallel requirements for all other Class I 
injection wells as provided by sec.331.65 and sec.331.67. 
 One commenter urged that sec.331.169(a)(2)(G) be checked for consistency with 
any changes made to sec.331.163(e)(4)(B) and (C). On sec.331.163(e)(4)(B) and 
(C), the commenter questioned whether casing inspection logs should be listed 
among records required to be kept, with reference to the same commenter's 
suggestion on the proposed sec.331.164(e)(4)(B) and (C), that casing inspection 
logs may not yet yield reliable results in larger casing sizes. The commission 
recognizes that there may be unresolved questions on the use of this log for 
larger casing sizes (see response to comment on sec.331. 163(e)(4)(B) and (C)), 
but considers it appropriate to leave casing inspection surveys in the listed 
categories of required recordkeeping. The basis for this position is that this 
log or survey is listed in the federal mechanical integrity standard of 40 CFR, 
sec.146.8, and the general intent of sec.331.169 is to require keeping of 
complete records of all well and cavern activities, including tests and logs. 
 In sec.331.170, several commenters suggested that the title be changed from 
"Plugging and Abandonment" to "Cavern Closure." The commission agrees that 
"closure" is a more appropriate term than "abandonment," which falsely implies 
that the operator has no further responsibilities with the cavern. After a 
cavern is filled with waste, the site is not abandoned, but must be: monitored 
to determine the proper time of seal placement; closed (sealed); and monitored 
closely for an extended period of time in the post-closure period, similar to 
other hazardous waste disposal facilities. Section 331.170 was reorganized to 
provide standards for a cavern closure plan, to help clarify cavern closure 
requirements. Also regarding sec.331.170, several commenters suggested that 
provisions be included that address closure of a partially filled cavern. The 
commission proposes that partially filled caverns be required, in sec.331.170(a) 
(3)(iv), to be completely filled with crushed salt or another appropriate 
material approved by the commission, prior to closure of the cavern. A reference 
to sec.331.46 for well closure standards was added for clarity in 
sec.331.170(b). 
 In sec.331.171(b)(2), one commenter recommended that since no low-pressure 
caverns have been closed, more definitive closure and post-closure regulations 
need to be developed. Another commenter requested that the post-closure 
monitoring extend for a 10-year period, rather than the indefinite period 
proposed by the commission. The second commenter assumed that the cavern will be 
dry and therefore pressure will increase rapidly until the equilibrium figure is 
achieved. However, if the cavern has some fluid in it, it could behave more like 
a liquid filled cavern, where, upon encroachment or natural closure of the salt, 
the pressures could increase gradually to above the lithostatic pressure to a 
degree which could cause failure of the casing seat, seals, or salt. Invoking 
the performance standard of sec.331.162, the commission believes that a permit 
applicant's ability to assure that at final equilibrium conditions between the 
salt stock and the filled cavern contents no unsafe fluid pressure will be 
exerted at the top of the cavern or particularly at the lowest casing seat will 
be a most significant issue in any decision on permitting such a facility. At 
the time of closure, the same issue will again return to the foreground of 
technical considerations, and actual site-specific monitoring data should be 
used to the fullest extent possible to assure continued attainment of the 
sec.331.162 performance standard. Over the past 10 years the commission has been 
advised by many experts on salt cavern technology that the most likely area for 
any problem which could develop involving salt cavern containment of stored 
wastes is at the juncture of the well casings with the top of the cavern. The 
new rules require protection of this area during the development and waste 
disposal phases of the cavern, by special annulus fluids during cavern 
development, and periodic testing to confirm well mechanical integrity and 
cavern integrity. Prior to closure, however, it is particularly important to 
determine what type of pressure buildup is occurring in the cavern, and vent any 
excess pressure buildup, before the cavern can be safely closed. The commission, 
on the advice of researchers at Sandia National Laboratories, proposes an 
additional period of monitoring of the cavern seal from within the wellbore. As 
described in the operator's closure plan, the operator will have to demonstrate 
to the commission that the cavern and the wellbore can be closed safely. The 
commission also feels that the post-closure period should be comparable to other 
hazardous waste management facilities. 
 In sec.331.171(b), several commenters suggested that the commission require the 
monitoring of the cavern temperature and pressure during the post-closure 
period. The commission feels that post-closure monitoring would compromise the 
quality of the seals in the cavern and wellbore and would therefore negate any 
benefits from additional data. 
  22 point=11.04p set=10.04p>31 TAC sec.331.2, sec.331.14 
 The amendments are adopted under the authority of Texas Water Code, sec.5. 103 
and sec.27.019, and the Texas Health and Safety Code, sec.361.024(a), which 
provides the Texas Water Commission with the authority to adopt rules reasonably 
required for the performance of its powers and duties under the Texas Water 
Code, the Texas Health and Safety Code, and other laws of the state. 
 
 
  sec.331.2. Definitions.  The following words and terms, when used in this 
chapter, shall have the following meanings, unless the context clearly indicates 
otherwise. 
  
     Caprock-A geologic formation typically overlying the crest and sides of a 
salt stock. The caprock consists of a complex assemblage of minerals including 
calcium carbonate (CaCO3), anhydride (CaSO4), and accessory minerals. Caprocks 
often contain lost circulation zones characterized by rock layers of high 
porosity and permeability. 
  
     Confining zone -A part of a formation, a formation, or group of formations 
between the injection zone and the lowermost underground source of drinking 
water (USDW) or freshwater aquifer that acts as a barrier to the movement of 
fluids out of the injection zone. 
  
     Disturbed salt zone-Zone of salt enveloping a salt cavern, typified by 
increased values of permeability or other induced anomalous conditions relative 
to undisturbed salt which lies more distant from the salt cavern, and is the 
result of mining activities during salt cavern development and which may vary in 
extent through all phases of a cavern including the post-closure phase. 
  
     Injection interval -That part of the injection zone in which the well is 
authorized to be screened, perforated, or in which the waste is otherwise 
authorized to be directly emplaced. 
  
     Injection zone -A formation, a group of formations, or part of a formation 
that receives fluid through a well. 
  
     Intermediate casing -A string of casing with diameter intermediate between 
that of the surface casing and that of the smaller long-string or production 
casing, and which is set and cemented in a well after installation of the 
surface casing and prior to installation of the long-string or production 
casing. 
  
     Long string casing or production casing -A string of casing that is set 
inside the surface casing and usually extending to or through the injection 
zone. 
  
     Lost circulation zone-A term applicable to rotary drilling of wells to 
indicate a subsurface zone which is penetrated by a wellbore, and which is 
characterized by rock of high porosity and permeability, into which drilling 
fluids flow from the wellbore to the degree that the circulation of drilling 
fluids from the bit back to ground surface, is disrupted or "lost." 
  
     Out of service -The operational status when a well is not authorized to 
inject fluids, or the well itself is incapable of injecting fluids for 
mechanical reasons, maintenance operations, or well workovers or when injection 
is prohibited due to the well's inability to comply with the in-service 
operating standards of this chapter. 
  
     Salt cavern-A hollowed-out void space that has been purposefully 
constructed within a salt stock, typically by means of solution mining by 
circulation of water from a well or wells connected to the surface. 
  
     Salt cavern confining zone-A zone between the salt cavern injection zone 
and all USDWs and freshwater aquifers, that acts as a barrier to movement of 
waste out of a salt cavern injection zone, and consists of the entirety of the 
salt stock excluding any portion of the salt stock designated as a UIC Class I 
salt cavern injection zone or any portion of the salt stock occupied by a UIC 
Class II or Class III salt cavern or its disturbed salt zone. 
  
     Salt cavern injection interval-That part of a salt cavern injection zone 
consisting of the void space of the salt cavern into which waste is stored or 
disposed of, or which is capable of receiving waste for storage or disposal. 
  
     Salt cavern injection zone-The void space of a salt cavern that receives 
waste through a well, plus that portion of the salt stock enveloping the salt 
cavern, and extending from the boundaries of the cavern void outward a 
sufficient thickness to contain the disturbed salt zone, and an additional 
thickness of undisturbed salt sufficient to ensure that adequate separation 
exists between the outer limits of the injection zone and any other activities 
in the domal area. 
  
     Salt cavern solid waste disposal well or salt cavern disposal well-For the 
purposes of this chapter, relating to underground injection control, regulations 
of the Texas Water Commission, and not to UIC Class II or UIC Class III wells in 
salt caverns regulated by the Texas Railroad Commission, a salt cavern disposal 
well is a type of UIC Class I injection well used: 
 
  (A) to solution mine a waste storage or disposal cavern in naturally-occurring 
salt; and/or 
  
  (B) to inject hazardous, industrial, or municipal waste into a salt cavern for 
the purpose of storage or disposal of the waste. 
  
     Salt dome-A geologic structure that includes the caprock, salt stock, and 
deformed strata surrounding the salt stock. 
  
     Salt stock-A geologic formation consisting of a relatively homogeneous 
mixture of evaporite minerals dominated by halite (NaCl) that has migrated from 
originally tabular beds into a vertical orientation. 
 
  
  sec.331.14. Prohibition of Class I Salt Cavern Solid Waste Disposal Wells and 
Associated Caverns in Geologic Structures or Formations Other Than Salt Stocks 
of Salt Domes. Construction and operation of Class I salt cavern solid waste 
disposal wells and associated caverns in geologic structures or formations other 
than salt stocks of salt domes is prohibited until such time at which this 
section is amended to provide for authorization of such facilities and 
activities, and specific rules for such facilities and activities are 
promulgated. 
 
  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 June 1, 1992. 
 TRD-9207448 
  Mary Ruth Holder 
 Director, Legal Division 
 Texas Water Commission 
  Effective date: June 22, 1992 
 Proposal publication date: March 24, 1992 
 For further information, please call: (512) 463-8069 
         
  
  Subchapter C. General Standards and Methods 
 
  31 TAC sec.sec.331.42, 331.43, 331.45, 331.46 
 
  The amendments are adopted under the authority of the Texas Water Code, 
sec.5.103 and sec.27.019, and the Texas Health and Safety Code, sec.361.024(a), 
which provides the Texas Water Commission with the authority to adopt rules 
reasonably required for the performance of its powers and duties under the Texas 
Water Code, the Texas Health and Safety Code, and other laws of the state. 
 
 
  sec.331.42. Area of Review. 
 
  (a) The area of review is the area surrounding an injection well or a group of 
injection wells, for which the permit application must detail the information 
required in sec.331.121 of this title (relating to Class I Wells). 
  
  (b) The area of review is: 
 
  (1) (No change.) 
  
  (2) for salt cavern disposal wells and associated caverns, the sum of the two 
following areas: 
 
 m the proposed or existing wellbore; and 
  
  (B) the greatest horizontal plane cross sectional area of the salt dome 
between land surface and a depth of 1,000 feet below the projected floor of the 
proposed or existing salt cavern; 
  
  (3) for Class III in situ uranium, Frasch sulfur, another Class III permit 
areas, an area extending 1/4 mile beyond the permit area boundary, and such 
additional surrounding area as may be required by the commission; or 
  
  (4) for other Class III wells and Class V wells, an area determined by a 
radius of at least 1/4 mile from the proposed or existing wellbore. 
  
  (c)-(d) (No change.) 
 
  
  sec.331.43. Mechanical Integrity Standards. 
 
  (a) An injection well has mechanical integrity if there is no significant leak 
in the casing, tubing, or packer, and if there is no significant fluid movement 
through vertical channels adjacent to the injection wellbore. 
  
  (b) Except as provided by subsections (c) and (d) of this section, the 
following tests shall be used to evaluate the mechanical integrity of an 
injection well: 
 
  (1)  monitoring of annulus pressure, or pressure test with liquid or gas, or 
radioactive tracer survey, or (for Class III uranium solution mining wells only) 
single point resistivity survey in conjunction with a pressure test to detect 
any leaks in the casing, tubing, or packer; and 
  
  (2)  temperature log, noise log, radioactive tracer survey, cement bond log, 
oxygen activation log, or (for Class III uranium solution mining wells only) 
cement records where other tests are not suitable. 
  
  (c) A salt cavern has integrity if it: 
 
  (1) has no anomalies or irregularities that would prevent optimum cavern 
filling or that would prevent the cavern from holding pressure; and 
  
  (2) has no pressure communication or fluid flow between other caverns or 
formations outside the salt stock. Except as authorized by subsection (d) of 
this section, the tests to show salt cavern integrity shall consist of cavern 
pressure and sonar tests. 
  
  (d) The executive director may allow the use of a test to demonstrate 
mechanical integrity other than those listed in subsections (b) and (c) (2) of 
this section with the written approval of the administrator of the United States 
Environmental Protection Agency (USEPA) or his authorized representative. To 
obtain approval, the executive director shall submit a written request to the 
USEPA administrator, which shall set forth the proposed test and all technical 
data supporting its use. The USEPA administrator shall approve the request if it 
will reliably demonstrate the mechanical integrity of wells for which its use is 
proposed. Any alternate method approved by the USEPA administrator shall be 
published in the Federal Register  and may be used unless its use is restricted 
at the time of approval by the USEPA administrator. 
  
  (e)  Methods and standards approved by the USEPA through federal Underground 
Injection Control program delegation to the commission, shall be applied in 
conducting and evaluating the tests required by this section. 
 
  
  sec.331.45. Certification of Construction and Completion.  The executive 
director will certify construction and completion for an injection well or 
project which is constructed and completed in compliance with the requirements 
of the permit. In making a determination whether to make such certification, the 
following shall be considered: 
 
  (1) for Class I wells, other than salt cavern disposal wells and associated 
salt caverns: 
 
  (A) actual as-built drilling and completion data on the well; 
  
  (B)  logging and testing program data on the well; 
  
  (C) a demonstration of mechanical integrity; 
  
  (D) anticipated maximum pressure and flow rate at which the permittee will 
operate; 
  
  (E) results of the injection zone and confining zone testing program as 
required in sec.331.121 of this title (relating to Class I Wells); 
  
  (F) the injection procedure; 
  
  (G) the compatibility of injected waste with fluids in the injection zone and 
minerals in both the injection zone and the confining zone and materials used to 
construct the well; 
  
  (H) the calculated area of review based on data obtained during logging and 
testing of the well and the formation, and where necessary, revisions to the 
information submitted under sec.331.121 of this title (relating to Class I 
Wells); and 
  
  (I) the status of corrective action required for defective wells in the area 
of review. 
  
  (2) for salt cavern disposal wells and associated salt caverns: 
 
  (A) actual as-built drilling and completion data on the well; 
  
  (B)  logging, coring, and testing program data on the well and salt pilot 
hole; 
  
  (C) a demonstration of mechanical integrity of the well; 
  
  (D)  the anticipated maximum well head and casing seat pressures and flow 
rates at which the well will operate during cavern development and cavern waste 
filling; 
  
  (E) results of the salt cavern injection zone and salt cavern confining zone 
testing program as required in sec.331.163(e)(3) of this title (relating to salt 
cavern solid waste disposal wells). 
  
  (F) the injection and production procedures for cavern development and cavern 
waste filling; 
  
  (G) the compatibility of injected materials with the contents of the salt 
cavern injection zone and the salt cavern confining zone, and with the materials 
of well construction; 
  
  (H) land subsidence monitoring data and groundwater quality monitoring data, 
including determinations of baseline conditions for such monitoring throughout 
the area of review; 
  
  (I) the status of corrective action required for defective wells in the area 
of review; 
  
  (J) actual as-built specifications of the well's surface support and 
monitoring equipment; and 
  
  (K) conformity of the constructed well system with the plans and 
specifications of the permit application. 
  
  (3) for Class III wells: 
 
  (A) logging and testing data on the well; 
  
  (B) a satisfactory demonstration of mechanical integrity for all new wells, 
excluding monitor wells; 
  
  (C)  anticipated operating data; 
  
  (D) the results of the formation testing program; 
  
  (E) the injection procedures; and 
  
  (F) the status of corrective action required for defective wells in the area 
of review. 
 
  
  sec.331.46. Closure Standards. 
 
  (a) For Class I wells, other than salt cavern disposal wells, prior to closing 
the well, the owner or operator shall observe and record the pressure decay for 
a time specified by the executive director. The executive director shall analyze 
the pressure decay and the transient pressure observations conducted pursuant to 
sec.331.64 of this title (relating to Class I Wells) and determine whether the 
injection activity has conformed with predicted values. 
  
  (b) For all Class I wells, including salt cavern disposal wells, prior to well 
closure appropriate mechanical integrity testing shall be conducted to ensure 
the integrity of that portion of the long string casing and cement that will be 
left in the ground after closure. Testing methods may include: 
 
  (1) pressure tests with liquid or gas; 
  
  (2) radioactive tracer surveys for wells other than salt cavern disposal 
wells; 
  
  (3) noise logs, temperature logs, pipe evaluation logs,cement bond logs, or 
oxygen activation logs; and 
  
  (4)  any other test required by the executive director. 
  
  (c) For Class I wells, other than salt cavern disposal wells, prior to well 
closure the well shall be flushed with a non-hazardous buffer fluid. 
  
  (d) In closure of all Class I wells, including salt cavern disposal wells, and 
Class III wells, a well shall be plugged in a manner which will not allow the 
movement of fluids through the well, out of the injection zone either into or 
between inderground sources of drinking water (USDWs) or freshwater aquifers or 
to the land surface. Well plugs shall consist of cement or other materials 
approved in writing by the executive director, which provide protection 
equivalent to or greater than that provided by cement. 
  
  (e) The permittee shall notify the executive director before commencing 
closure according to an approved plan. For Class I wells this notice shall be 
given at least 60 days before commencement. The executive director will review 
any revised, updated, or additional closure plans. 
  
  (f) Placement of the plugs in the wellbore shall be accomplished by an 
approved method that may include one of the following: 
 
  (1) the balance plug method; 
  
  (2) the dump bailer method; 
  
  (3) the two-plug method; or 
  
  (4) an alternate method, approved by the executive director, that will 
reliably provide a comparable level of protection. 
  
  (g) Prior to closure, the well shall be in a state of static equilibrium with 
the mud or nonhazardous fluid weight equalized top to bottom, either by 
circulating the mud or fluid in the well at least once or by a comparable method 
prescribed by the executive director. 
  
  (h) Each plug used shall be appropriately tagged and tested for seal and 
stability before closure is completed. 
  
  (i) The closure plan shall, in the case of a Class III production zone which 
underlies or is in an exempted aquifer, also demonstrate that no movement of 
contaminants that will cause pollution from the production zone into a USDW or 
freshwater aquifer will occur. The commission shall prescribe aquifer cleanup 
and monitoring where deemed necessary and feasible to ensure that no migration 
of contaminants that will cause pollution from the production zone into a USDW 
or freshwater aquifer will occur. 
  
  (j)-(k) (No change.) 
  
  (l) Each owner of a Class I hazardous waste injection well, and the owner of 
the surface or subsurface property on or in which a Class I hazardous waste 
injection well is located, must record, within 60 days after approval by the 
executive director of the closure operations, a notation on the deed to the 
facility property or on some other instrument which is normally examined during 
a title search that will, in perpetuity, provide any potential purchaser of the 
property the following information: 
 
  (1) (No change.) 
  
  (2) the name of the state agency or local authority with which the plat was 
filed, as well as the Austin address of the Underground Injection Control (UIC) 
staff of the TWC to which it was submitted; and 
  
  (3) the type and volume of waste injected, the injection interval or 
intervals, and for salt cavern wells,the maximum cavern radius into which it was 
injected, and the period over which injection occurred. 
  
  (m) Within 30 days after completion of closure, the permittee shall file with 
the executive director a closure report on forms provided by the commission. The 
report shall be certified as accurate by the owner or operator and by the person 
who performed the closure operation (if other than the owner or operator). Such 
report shall consist of a statement that the well was closed in accordance with 
the closure plan previously submitted and approved by the executive director. 
  
  (n) For salt cavern disposal wells, prior to sealing the cavern and plugging 
the well, the owner or operator shall complete any pre-closure monitoring of the 
cavern and its contents required by rule or permit. 
  
  (o) For salt cavern disposal wells, the cavern shall be closed according to 
sec.331.170 of this title (relating to Cavern Closure). 
 
  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 June 1, 1992. 
 TRD-9207446 
  Mary Ruth Holder 
 Director, Legal Division 
 Texas Water Commission 
  Effective date: June 22, 1992 
 Proposal publication date: March 24, 1992 
 For further information, please call: (512) 463-8069 
         
  
  Subchapter D. Standards for Class I Wells Other than Salt Cavern Solid Waste 
Disposal Wells 
 
  31 TAC sec.331.61 
 
  The amendment is adopted under the authority of Texas Water Code, sec.5. 103 
and sec.27.019, and the Texas Health and Safety Code, sec.361.024(a), which 
provides the Texas Water Commission with the authority to adopt rules reasonably 
required for the performance of its powers and duties under the Texas Water 
Code, the Texas Health and Safety Code, and other laws of the state. 
 
  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 June 1, 1992. 
 TRD-9207445 
  Mary Ruth Holder 
 Director, Legal Division 
 Texas Water Commission 
  Effective date: June 22, 1992 
 Proposal publication date: March 24, 1992 
 For further information, please call: (512) 463-8069 
         
  
  Subchapter G. Consideration Prior to Permit Issuance 
 
  31 TAC sec.331.121 
 
  The amendment is adopted under the authority of the Texas Water Code, 
sec.5.103 and sec.27.019, and the Texas Health and Safety Code, sec.361.024(a), 
which provides the Texas Water Commission with the authority to adopt rules 
reasonably required for the performance of its powers and duties under the Texas 
Water Code, the Texas Health and Safety Code, and other laws of the state. 
 
 
  sec.331.121. Class I Wells. 
 
  (a) The commission shall consider the following before issuing a Class I 
injection well permit: 
 
  (1)-(2)  (No change.) 
 
  (A) (No change.) 
  
  (B) a tabulation of all wells within the area of review which penetrate the 
injection zone or confining zone, and for salt cavern disposal wells, the salt 
cavern injection zone, salt cavern confining zone and caprock. Such data shall 
include a description of each well's type, construction, date drilled, location, 
depth, record of plugging and/or completion, and any additional information the 
executive director may require; 
  
  (C)-(D) (No change.) 
  
  (E)  maps, cross-sections, and description of the geologic structure of the 
local area; 
  
  (F) maps, cross-sections, and description of the regional geologic setting; 
  
  (G) proposed operating data: 
 
  (i)  average and maximum injection rate and volume of the fluid or waste to be 
injected over the anticipated life of the injection well; 
  
  (ii)  average and maximum injection pressure; 
  
  (iii) source of the waste streams; 
  
  (iv) an analysis of the chemical and physical characteristics of the waste 
streams; 
  
  (v) for salt cavern waste disposal, the bulk waste density, permeability, 
porosity, and compaction rate, as well as the individual physical 
characteristics of the wastes and transporting media; 
  
  (vi) the results of tests performed on the waste to demonstrate that the waste 
will remain solid under cavern conditions; and 
  
  (vii) any additional analyses which the executive director may reasonably 
require. 
  
  (H) (No change.) 
  
  (I) proposed stimulation program, if needed; 
  
  (J)-(K) (No change.) 
  
  (L)  contingency plans, based on a reasonable worst case scenario, to cope 
with all shutins; loss of cavern integrity, or well failures so as to prevent 
migration of waste into any underground source of drinking water (USDW) or 
freshwater aquifer; 
  
  (M)-(O) (No change.) 
  
  (P) delineation of all faults within the area of review, 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) (No change.) 
  
  (4)  the closure plan, corrective action plan, and post-closure plan submitted 
in the Technical Report accompanying the permit application. 
  
  (5) (No change.) 
  
  (b)-(c) (No change.) 
  
  (d) The commission shall also consider the following additional criteria, 
which must be addressed in the technical report of the application, before 
issuing a salt cavern Class I injection well permit: 
 
  (1) geologic suitability of the location: 
 
  (A) a thorough geologic characterization of the salt dome, including the 
geometry of the salt stock and its calculated movement and calculated salt loss 
rate. Well logs, seismic reflection surveys, gravity surveys and any other 
appropriate geophysical methods necessary to characterize the salt dome are to 
be utilized. For all applications that are not administratively complete as of 
the effective date of these rules, seismic reflection data submitted must 
include a surface recorded three-dimensional seismic grid survey sufficient to 
image underneath all suspected overhangs and to delineate the edge of the stock. 
However, for all applications, whenever submitted, the data must be sufficient 
to image underneath all overhangs, to delineate the edge of the salt stock, to 
define any other caverns or co-uses of the salt stock, and to address any 
conditions that may result in potential adverse impact on the salt stock; 
  
  (B) any unusual features, such as depressions or lineations observable at the 
land surface or within or detectable within the subsurface, which may be 
indicative of underlying anomalies in the cap rock or salt stock, which might 
affect construction, operation, or closure of the cavern; 
  
  (C) the petrology of the caprock, salt stock, and deformed strata; and 
  
  (D) for strata surrounding the salt stock, information on their nature, 
structure, hydrodynamic properties, and relationships to USDWs, including a 
demonstration that the proposed salt cavern injection zone will not be in or 
above a formation which within 1/4 mile of the salt cavern injection zone 
contains a USDW; 
  
  (2)  establishment of a pre-development baseline for subsidence and 
groundwater monitoring, over the area of review; 
  
  (3) characterization of the predicted impact of the proposed operations on the 
salt stock, specifically the extent of the disturbed zone; 
  
  (4) demonstration of adequate separation between the outer limits of the 
injection zone and any other activities in the domal area. The thickness of the 
disturbed zone, as well as any additional safety factors will be taken into 
consideration; and 
  
  (5)  the commission will consider the presence of salt cavern storage 
activities, sulfur mining, salt mining, brine production, oil and gas activity, 
and any other activity which may adversely affect or be affected by waste 
disposal in a salt cavern. 
 
  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 June 1, 1992. 
 TRD-9207444 
  Mary Ruth Holder 
 Director, Legal Division 
 Texas Water Commission 
  Effective date: June 22, 1992 
 Proposal publication date: March 24, 1992 
 For further information, please call: (512) 463-8069 
         s 
  
  Subchapter J. Standards for Class I Salt Cavern Solid Waste Disposal Wells 
 
  31 TAC sec.sec.331.161-331.171 
 
  The new sections are adopted under the Texas Water Code,  sec.5.103 and 
sec.27.019, and the Texas Health and Safety Code, sec.361.024(a), which provide 
the Texas Water Commission with the authority to adopt rules reasonably required 
for the performance of its powers and duties under the Texas Water Code, the 
Texas Health and Safety Code, and other laws of the state. 
 
 
  sec.331.162. Performance Standard.  The operator and permittee shall assure 
for construction, operation, maintenance, monitoring, closure, and post-closure 
of a Class I salt cavern solid waste disposal well and associated cavern, the 
continuous attainment of a performance standard of no escape of hazardous 
constituents from the salt cavern injection zone. Demonstration of attainment of 
this standard may be shown by modeling waste transport over a period of at least 
15,000 years. The provisions of this chapter, as well as any permit or order 
issued by the commission, shall be construed as minimum operating requirements. 
To qualify for a permit or to otherwise operate a Class I salt cavern solid 
waste disposal well and associated cavern, permit applicants and facility 
operators must demonstrate that this performance standard will be satisfied even 
if it is necessary to go beyond the minimum operating requirements described in 
this chapter. 
 
  
  sec.331.164. Cavern Construction Standards. 
 
  (a) Plans and specifications. Except as specifically required in the terms of 
the disposal well permit, construction of the cavern shall be done in accordance 
with all permit application plans and specifications. Any proposed changes to 
the plans and specifications must be certified in writing by the executive 
director that said changes provide protection standards equivalent to or greater 
than the original design criteria. 
  
  (b) Standards for cavern construction by controlled dissolutioning. The 
creation of waste storage or disposal caverns within the salt shall be 
accomplished by the controlled dissolution of the sidewalls of the well bore to 
a specified maximum diameter, between selected elevations specified in the 
permit as the top and bottom of the salt cavern injection interval. The top of 
the cavern shall be at least 100 feet below the base of the long string casing. 
The enlargement of a portion of the original well bore to serve as the cavern 
shall be done according to the cavern construction plans which shall be 
submitted as a part of the permit application. The cavern construction plans 
shall demonstrate at a minimum, the following: 
 
  (1) the minimum distance between the salt cavern injection zone boundaries and 
the boundaries of the salt stock, as determined by available geologic data, 
shall not be less than 500 feet; 
  
  (2)  adjacent caverns shall be separated by a minimum pillar to cavern 
diameter (P/D) ratio of 2.0 to ensure a sufficient amount of undisturbed salt 
for cavern safety and stability. Adjacent salt cavern injection zones shall also 
be separated by a confining thickness of salt; 
  
  (3) that cavern dimensions have been designed by a qualified professional 
engineer and geologist, to ensure the structural integrity of the cavern; 
  
  (4)  plans for continual monitoring of the volumes of fluids injected and 
produced during cavern development; 
  
  (5) plans for cavern pressure tests, and sonar surveys to determine the cavern 
dimensions, volume, geometric shape, and characterization of outbursts or other 
anomalies; 
  
  (6) the cavern construction process shall be conducted under the supervision 
of a qualified professional engineer, with current registration under the Texas 
Engineering Practices Act, in accordance with accepted practices in the cavern 
construction industry. 
  
  (7) all cavern solutioning brines shall be disposed of in facilities 
authorized by the commission for such purpose. 
  
  (c) Injection tubing. Except for circulation of drilling fluids during well 
construction, all injection activities for salt cavern construction and waste 
disposal in a salt cavern shall be performed through removable injection tubings 
installed inside of the cemented long string casing and extending from the 
wellhead at ground surface to the salt borehole or salt cavern below the long 
string casing seat. 
 
  (1) All injection activities during cavern construction shall be performed 
with the annulus between the outer tubing and long string casing filled with a 
non-corrosive inhibiting fluid sufficient to protect the bond between salt, 
cement, and the long string casing seat. 
  
  (2) All injection of waste into a salt cavern shall be performed through 
removable injection tubing with a packer to seal the annulus between the tubing 
and long string casing near the bottom of the long string casing. 
  
  (d) Logs and tests. 
 
  (1) The permit applicant shall submit, as part of its construction plan, 
information identifying the tests which it will use to verify cavern dimensions 
throughout the cavern construction process. This information shall include at a 
minimum, the following: 
 
  (A) a description of surveys, logs, and tests to be run and analyzed, 
including any quantitative performance standards appropriate for any such 
procedure; and 
  
  (B) the frequency of such surveys or logs. 
  
  (2) Prior to waste filling, the integrity of the cavern shall be tested in 
accordance with a test method described in the applicant's cavern construction 
plan, specified by permit or approved by the executive director in accordance 
with subsection (a) of this section. 
  
  (e) Workovers. 
 
  (1) The permittee shall notify the executive director before commencing any 
workover operation or corrective maintenance which involves taking the injection 
well out of service. The notification shall be in writing and shall include 
plans for the proposed work. The executive director may grant an exception of 
the prior written notification when immediate action is required. Approval by 
the executive director shall be obtained before the permittee may begin any 
workover operation or corrective maintenance that involves taking the well out 
of service. Pressure control equipment shall be installed and maintained during 
workovers which involve the removal of tubing. 
  
  (2) Well mechanical integrity shall be demonstrated following any major 
operations which involve removal of the injection tubing, recompletions, or 
unseating of the packer. Cavern integrity demonstration may be required by the 
executive director in instances where the integrity of the casing seat or cavern 
may be compromised. 
  
  (f) Reports and certification. 
 
  (1) Initial cavern integrity report. The operator shall submit a report with 
the results of all tests regarding cavern integrity, within 30 days of 
completion of the salt cavern construction stage. 
  
  (2) Certification of completion of the cavern construction stage. Within 90 
days of completion of cavern construction, including configuration of the well 
for waste disposal, and prior to beginning waste emplacement, the permittee 
shall obtain written certification from the executive director which states that 
the cavern construction is in compliance with the applicable provisions of the 
permit. To obtain certification, the permittee shall submit to the executive 
director the following reports and certifications prepared and sealed by a 
professional engineer with current registration pursuant to the Texas 
Engineering Practice Act: 
 
  (A)  final construction, "as-built" plans and specifications, injection and 
confining zone data, and an evaluation of the considerations set out in sec.331. 
45(2) of this title (relating to Certification of Construction and Completion); 
  
  (B) certification that the construction of the cavern has been completed in 
accordance with the provisions of the disposal well permit and with the design 
and construction specifications of the permittee's application; 
  
  (C) certification that actual confining and injection zone data obtained will 
not result in need for a change in the operating parameters specified in the 
permit; 
  
  (D) certification that the salt cavern injection zone will not be in or above 
a formation which within 1/4 mile of the salt cavern injection zone contains an 
underground source of drinking water. 
 
  
  sec.331.165. Waste Disposal Operating Requirements. 
 
  (a)  General operating requirements. 
 
  (1) Injection pressure at the wellhead shall not exceed a maximum, which shall 
be calculated, so as to assure that the pressure in the cavern during injection 
does not disrupt the bond between the salt, cement and the casing seat, initiate 
new fractures or propagate existing fractures in the cavern or the confining 
zone, or cause movement of fluid or waste out of the injection zone. 
  
  (2) Injection between the outermost casing protecting underground sources of 
drinking water (USDWs), and fresh or surface water and the wellbore is 
prohibited. 
  
  (3)  The annulus between the outer tubing and long string casing shall be 
filled with an inert gas approved by the commission. The annulus pressure, at 
all times that the well is in service, shall be at least 100 psi greater than 
the injection tubing pressure, to detect well malfunctions, unless the executive 
director determines that such a requirement might harm the integrity of the 
well. 
  
  (4) Chemical and physical characteristics of all injected materials and cavern 
contents, including, but not limited to, bulk density and compressive strength 
of solidified waste, shall protect and be compatible with the injection well, 
associated facilities, and injection zone, and shall ensure proper operation of 
the facility to meet the performance standard of sec.331.162 of this title 
(relating to Performance Standards). In addition, after cavern construction is 
certified and a cavern is authorized to receive wastes under sec.331.164(f) of 
this title (relating to Cavern Construction Standards), all injected materials 
and cavern contents shall not cause further dissolution of the cavern walls. 
  
  (5) The waste stream shall be stabilized, prior to injection, to minimize the 
generation of fluids in the cavern. 
  
  (6) All injection of waste into a salt cavern shall be performed through the 
inner of two removable tubings with a packer to seal the annulus between the 
outer tubing and long string casing, near the bottom of the long string casing. 
  
  (7) Unauthorized releases of cavern contents to the atmosphere are prohibited. 
  
  (8) The cavern will be operated so as to control the extent of the disturbed 
zone. 
  
  (9) If an automatic alarm or shutdown is triggered, the owner or operator 
shall immediately investigate and identify as expeditiously as possible the 
cause of the alarm or shutoff. If, upon such investigation, the well or cavern 
appears to be lacking integrity, or if monitoring required under sec.331.166(c) 
of this title (relating to Monitoring and Testing Requirements) otherwise 
indicates that the well or cavern lacks integrity, the owner or operator shall: 
 
  (A)  immediately cease injection of waste unless authorized by the executive 
director to continue or resume injection; 
  
  (B) take all necessary steps to determine the presence or absence of a leak; 
and 
  
  (C) notify the executive director within 24 hours after the alarm or shutdown. 
  
  (10)  If the loss of integrity is discovered pursuant to paragraph (3) of this 
subsection or during periodic integrity testing, the owner or operator shall: 
 
  (A) immediately cease injection of waste; 
  
  (B) take all steps required to determine whether there may have been a release 
of hazardous wastes or hazardous waste constituents into any unauthorized zone; 
  
  (C)  notify the executive director within 24 hours after loss of mechanical 
integrity is discovered; 
  
  (D) notify the executive director when injection can be expected to resume; 
and 
  
  (E) restore and demonstrate well mechanical integrity and/or cavern integrity 
to the satisfaction of the executive director prior to resuming injection of 
waste. 
  
  (11)  Whenever the owner or operator obtains evidence that there may have been 
a release of injected wastes into an unauthorized zone: 
 
  (A) the owner or operator shall immediately cease injection of waste, and: 
 
  (i)  notify the executive director within 24 hours of obtaining such evidence; 
  
  (ii) take all necessary steps to identify and characterize the extent of any 
release; 
  
  (iii) propose a remediation plan for executive director review and approval; 
  
  (iv)  comply with any remediation plan specified by the executive director; 
  
  (v) implement any remediation plan approved by the executive director; and 
  
  (vi) where such release is into a USDW or freshwater aquifer currently serving 
as a water supply, within 24 hours notify the local health department, place a 
notice in a newspaper of general circulation and notify by mail, the adjacent 
landowners; 
  
  (B) the executive director may allow the operator to resume injection prior to 
completing cleanup action if the owner or operator demonstrates that the 
injection operation will not endanger USDWs or freshwater aquifers. 
  
  (12)  Cavern contents shall not interfere with the set- up of any stabilized 
waste injected after the waste and solidifying agents have been mixed, but is 
injected while is still pumpable and has not set. 
  
  (13) Waste emplacement must be performed in such a manner as to minimize gas 
or fluid entrapment, so that compaction of wastes does not disrupt the integrity 
of the cavern. 
  
  (14) A solid waste disposal cavern shall be operated in a manner which will 
not generate high temperatures that will result in nonattainment of the 
performance standard of sec.331.162 of this title. 
  
  (15) All fluids purged from the cavern after emplacement of any waste shall be 
managed at a hazardous waste management facility pursuant to applicable state 
and federal regulations. 
  
  (b) Workovers. 
 
  (1)  The permittee shall notify the executive director before commencing any 
workover operation or corrective maintenance which involves taking the injection 
well out of service. The notification shall be in writing and shall include 
plans for the proposed work. The executive director may grant an exception of 
the prior written notification when immediate action is required. Approval by 
the executive director shall be obtained before the permittee may begin any 
workover operation or corrective maintenance that involves taking the well out 
of service. Pressure control equipment shall be installed and maintained during 
workovers which involve the removal of tubing. 
  
  (2)  Mechanical integrity of the well shall be demonstrated following any 
major operations which involve removal of the injection tubing, recompletions, 
or unseating of the packer. 
  
  (c) Temporary cessation of operations. 
 
  (1) An owner or operator of a Class I salt cavern solid waste disposal well 
who ceases injection operations temporarily, may keep the well open provided he: 
 
  (A) has received written authorization from the executive director; and 
  
  (B) has described actions or procedures, satisfactory to the executive 
director, that the owner or operator will take to ensure that the well will not 
endanger USDWs, and fresh or surface water during the period of temporary 
disuse. These actions and procedures shall include compliance with the technical 
requirements applicable to active injection wells, including mechanical 
integrity, and monitoring, unless waived by the executive director. 
  
  (2) The owner or operator of a well that has ceased operations for more than 
two years shall notify the executive director, in writing, 30 days prior to 
resuming operation of the well. 
 
  
  sec.331.166. Monitoring and Testing Requirements. 
 
  (a) Waste analysis plan. All material injected into or produced from the 
cavern shall be sampled and analyzed in accordance with the approved written 
waste analysis plan required by 40 CFR sec.146.68(a). 
  
  (b) Pressure gauges. Pressure gauges shall be installed and maintained in 
proper operating conditions at all times on both tubing strings and on the 
annulus between the outer tubing and long string casing/liner. 
  
  (c) Continuous recording devices. Continuous recording devices shall be 
installed and used, and maintained in proper operating condition at all times to 
record tubing string pressures, injection flow rates (by volume or mass), 
injection waste temperatures, injection waste density, volume and composition of 
displaced fluids and gases, injection volumes, tubing-long string casing annulus 
pressure, volume of annulus contents, and any other data specified by the 
permit. The composition of emplaced and displaced gases will be continuously 
recorded and monitored for change in composition. When a change in composition 
is detected a sample will be taken to establish the chemical composition of the 
displaced gases. The instruments shall be housed in weatherproof enclosures. The 
owner or operator shall also install and use: 
 
  (1) automatic alarm and automatic shutoff systems, designed to sound and shut-
in the well when pressures and flow rates or other parameters approved by the 
executive director exceed a range and/or gradient specified in the permit; or 
  
  (2)  automatic alarms designed to sound when the pressures, flow rates, or 
other parameters approved by the executive director exceed a rate and/or 
gradient specified in the permit, in cases where the owner or operator certifies 
that a trained operator will be on location and able to immediately respond to 
alarms at all times when the well is operating. 
  
  (d)  Testing and calibration of monitoring instruments. All gauges, and 
pressure sensing and recording devices shall be tested and calibrated quarterly. 
  
  (e) Well mechanical integrity. The owner or operator shall maintain mechanical 
integrity of the injection well at all times that the well is in service. 
Mechanical integrity of the well must be demonstrated: 
 
  (1)  within 12-month intervals, or within extended intervals not to exceed 15 
months upon approval of the executive director, during the operating life of the 
well; 
  
  (2) by a temperature log, noise log, or other approved log required by the 
executive director at least once every five years to test for fluid movement 
along the borehole; and 
  
  (3) a casing inspection, casing evaluation, or other approved log may be 
required by the executive director to determine the condition of the casing. 
  
  (f) Cavern integrity. The owner or operator must maintain cavern integrity at 
all times. The integrity of the cavern must be demonstrated within 12-month 
intervals, or within extended intervals not to exceed 15 months upon approval of 
the executive director, by: 
 
  (1) pressure tests that determine if pressure interference or fluid flow 
exists between other caverns or formations; and 
  
  (2) a sonar test, or other test approved by the executive director, to 
determine the geometric shape of the unfilled cavern. 
  
  (g) Corrosion monitoring. 
 
  (1) Corrosion monitoring of well materials shall be conducted quarterly. Test 
materials shall be the same as those used in the injection tubing, packer, and 
long string casing, and will be continuously exposed to the waste with the 
exception of when the well is taken out of service. 
  
  (2) Corrosion monitoring may be waived by the executive director if the 
injection well owner or operator satisfactorily demonstrates, prior to 
authorization to conduct injection operations, that the waste will not be 
corrosive to the well materials with which the waste is expected to come into 
contact throughout the life of the well. The demonstration shall include a 
description of the methodology used to make that determination. 
  
  (h) Ambient monitoring. 
 
  (1) The executive director shall require the owner or operator to develop an 
ambient monitoring program, based on a site-specific assessment of the potential 
for waste and/or fluid movement from the well or injection zone and subsidence 
due to groundwater withdrawal or salt movement. 
  
  (2) The executive director shall require subsidence and groundwater quality 
monitoring over the area of review, and any other type of ambient necessary to 
comply with sec.331.162 of this title (relating to Performance Standard). 
  
  (3) Any monitoring wells within the area of review selected for the 
observation of water quality, subsidence, formation pressure, or any other 
parameter, shall be monitored at an accuracy, frequency, and density sufficient 
to protect underground sources of drinking water, and fresh or surface water. 
  
  (i) Hydrogeologic compatibility determination. The owner or operator shall 
submit information demonstrating to the satisfaction of the executive director 
that the waste stream and its anticipated reaction products will not alter the 
permeability, thickness, or other relevant characteristics of the salt cavern 
confining or salt cavern injection zones such that they would no longer meet the 
requirements specified in sec.331.121 of this title (relating to Class I Wells). 
  
  (j) Other monitoring and testing. Any other monitoring and testing 
requirements, including determination of composition and volume of leachate, 
shall be specified as permit conditions. 
  
  (k) Notification of scheduled logging and testing. The executive director or 
his designated representative shall have the opportunity to witness all logging 
and testing. The owner or operator shall submit a written schedule of such 
activities to the executive director at least seven days prior to conducting 
tests. 
 
  
  sec.331.168. Additional Requirements and Conditions. 
 
  (a) A permit for a Class I salt cavern solid waste disposal well shall include 
expressly or by reference the following conditions. 
 
  (1) A sign shall be posted at the well site which shall show the name of the 
company, company well number, commission permit number, the depth of the cavern 
floor and ceiling, and the cavern diameter. The sign and identification shall be 
in the English language, clearly legible, and shall be in numbers and letters at 
least one inch high. 
  
  (2) An all-weather road shall be installed and maintained to allow access to 
the injection well and related facilities. 
  
  (3) The wellhead and associated facilities shall be painted, if appropriate, 
and maintained in good working order without detectable leaks. 
  
  (4) Secondary containment of the wellhead shall consist of a diked, 
impermeable pad or sump. 
  
  (5) The commission may prescribe additional requirements for Class I salt 
cavern solid waste disposal wells in order to protect underground sources of 
drinking water, and fresh or surface water from pollution. 
  
  (6) The obligation to implement the plugging and abandonment plan and the 
post-closure plan survives the termination of a permit or the cessation of 
injection activities. The requirement to maintain an approved plan is directly 
enforceable regardless of whether the requirement is a condition of the permit. 
  
  (b) Pressure control equipment including blowout preventers or a wellhead with 
closeable valves shall be required to be installed and maintained in proper 
operating condition at all times at the casing head, extending from the time of 
advancing the surface casing hole after conductor casing is set, to the time of 
well closure, to safeguard against any pressure imbalance which might cause a 
backflow, blowout, or fracturing of the salt to occur. 
 
  
  sec.331.169. Record-Keeping Requirements. 
 
  (a) The permittee shall keep complete and accurate records of, but not limited 
to: 
 
  (1)  all monitoring required by the permit, including: 
 
  (A) continuous records of surface injection pressures; 
  
  (B) continuous records of the pressures and volumes of the annulus between the 
tubing and long string; 
  
  (C) continuous records of injection and production flow rates; 
  
  (D) monthly total volume of injected and produced materials; 
  
  (E)  continuous records of cavern gases chemistry and pressures; 
  
  (F)  continuous records of cavern fill volume and chemistry; and 
  
  (G)  continuous records of cavern fluid volume; 
  
  (2) all periodic well tests, including, but not limited to: 
 
  (A) analyses of injected and produced materials; 
  
  (B) cavern integrity; 
  
  (C) well mechanical integrity; and 
  
  (D) casing inspection surveys; 
  
  (3)  all shut-in periods and times that emergency measures were used for 
handling injection fluid or waste; 
  
  (4) any additional information on conditions that might reasonably affect the 
operation of the injection well. 
  
  (b) All records shall be made available promptly on location for review upon 
request from a representative of the commission. 
  
  (c) The permittee shall retain on location, for a period of five years 
following abandonment, records of all information resulting from any monitoring 
activities, including the chemical and physical characteristics of injected 
waste, or other records required by the permit. The executive director may 
require a permittee to submit copies of the records at any time prior to 
conclusion of the retention period. 
 
  
  sec.331.170. Cavern Closure. 
 
  (a) The owner or operator of a Class I salt cavern solid waste disposal well 
shall prepare, maintain, and comply with a plan for cavern closure that meets 
the minimum following requirements, and that is acceptable to the executive 
director. 
 
  (1)  The owner or operator shall submit the plan as a part of the permit 
application and, upon approval, or approval with modifications, by the executive 
director, such plan shall be a condition of any permit issued. 
  
  (2) The owner or operator shall submit all proposed revisions to the plan and 
obtain any necessary permit amendments, as appropriate, over the life of the 
well and cavern. 
  
  (3) The plan shall include, at a minimum, the following information: 
 
  (A) upon cessation of waste disposal, and prior to cavern sealing, the 
operator shall: 
 
  (i) monitor the cavern pressure and cavern fluid volume and fluid chemical 
composition, to provide information regarding the cavern's natural closure 
characteristics and any ensuant pressure buildup; 
  
  (ii) provide predictions from data gathered in clause (i) of this subparagraph 
of cavern behavior after sealing is completed; 
  
  (iii) demonstrate, to the executive director, utilizing actual pre-closure 
monitoring data, that the sealing of the cavern will not result in any pressure 
buildup within the cavern that could adversely effect the integrity of the 
cavern, well, or seal; 
  
  (iv) fill all partially filled caverns with crushed salt or another approved 
suitable material which is compatible with the waste and the salt stock; 
  
  (v)  complete any monitoring of the cavern and its contents required by rule 
or permit; 
  
  (vi) use redundant seals or plugs, comprised of different compositions and 
sealing properties, to provide for immediate as well as long-term salt cavern 
injection zone containment; 
  
  (vii)  obtain written authorization from the executive director for cavern 
sealing; 
  
  (B) upon completion of cavern sealing, the owner or operator shall: 
 
  (i) monitor the seal for leaks; 
  
  (ii)  demonstrate to the executive director that the seal is not leaking prior 
to requesting authorization for closing the wellbore; 
  
  (iii)  obtain written authorization from the executive director to begin well 
closure. 
  
  (b) The well shall be closed in accordance with sec.331.46 of this title 
(relating to Closure Standards). 
 
  
  sec.331.171. Post-Closure Care. 
 
  (a) The owner or operator of a Class I salt cavern solid waste disposal well 
shall prepare, maintain, and comply with a plan for post-closure care that meets 
the requirements of subsection (b) of this section, and that is acceptable to 
the executive director. 
 
  (1) The owner or operator shall submit the plan as a part of the permit 
application and, upon approval by the executive director, such plan shall be a 
condition of any permit issued. 
  
  (2) The owner or operator shall submit any proposed significant revision to 
the plan and obtain any necessary permit amendment, as appropriate over the life 
of the well, but no later than the date of the closure report required under 
sec.331.46 of this title (relating to Closure Standards). 
  
  (3) The plan shall assure financial responsibility as required in sec.305.153 
of this title (relating to Financial Responsibility). The amount of the funds 
available shall be no less than the amount identified in paragraph (4)(F) of 
this subsection. 
  
  (4)  The plan shall include the following information: 
 
  (A) the pressure in the injection zone before injection began; 
  
  (B) the anticipated pressure in the injection zone at the time of closure; 
  
  (C)  the predicted time based on actual preclosure monitoring data until 
pressure in the injection interval reaches equilibrium with the surrounding salt 
stock; 
  
  (D) predicted position of the waste front at closure (cavern sealing and well 
plugging); 
  
  (E) the status of any corrective action required under sec.331.44 of this 
title (relating to Corrective Action Standards); 
  
  (F) the estimated cost of proposed closure and post-closure care to be based 
on a reasonable worst case scenario. 
  
  (5)  At the request of the owner or operator, or on his own initiative, the 
executive director may modify the post-closure plan after submission of the 
plugging and abandonment report following the procedures in sec.331.46 of this 
title. 
  
  (b) The owner or operator shall: 
 
  (1) continue and complete any corrective action required under sec.331.44 of 
this title; 
  
  (2)  continue to conduct any groundwater monitoring and subsidence monitoring 
required under the permit until pressure in the injection interval reaches 
equilibrium with the salt stock. The executive director may extend the period of 
post-closure monitoring if he determines that the well or cavern may endanger an 
underground source of drinking water or freshwater aquifer; 
  
  (3) submit a survey plat to the local zoning authority designated by the 
executive director. The plat shall indicate the location of the well relative to 
permanently surveyed benchmarks, the depth of the cavern ceiling and floor, and 
the maximum cavern radius. A copy of the plat shall be submitted to the 
underground injection control (UIC) staff of the Austin office of TWC; 
  
  (4) provide appropriate notification and information to such state and local 
authorities as have authority over drilling activities to enable such state and 
local authorities to impose appropriate conditions on subsequent drilling 
activities that may penetrate the well's confining or injection zone; 
  
  (5) retain for a period of five years following well closure records 
reflecting the nature, composition, and volume of all injected materials. The 
executive director shall require the owner or operator to deliver the records to 
the executive director at the conclusion of the retention period, and all 
records shall thereafter be retained at a location designated by the executive 
director for that purpose. 
 
  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 June 1, 1992. 
 TRD-9207447 
  Mary Ruth Holder 
 Director, Legal Division 
 Texas Water Commission 
  Earliest possible date of adoption: June 22, 1992 
 For further information, please call: (512) 463-8069 
         
  
  TITLE 34. PUBLIC FINANCE 
 Part I. Comptroller of Public Accounts 
  Chapter 3. Tax Administration 
  
  Subchapter AA. Automotive Oil Sales Fee 
 
  34 TAC sec.3.701 
 
  The Comptroller of Public Accounts adopts new sec.3.701, concerning reporting 
requirements, with changes to the proposed text as published in the December 20, 
1992, issue of the  Texas Register (16 TexReg 7456). 
 Senate Bill 1340, adopted in the 72nd Legislature, 1991, requires the 
comptroller to administer and enforce the collection of the automotive oil fee 
imposed on the first sale of automotive oil delivered to a location in this 
state and sold to a purchaser who is not an automotive oil manufacturer. This 
new section sets forth the reporting requirements. 
 The first change appears in subsection (a)(1) and (2) and adds the words "use," 
"used," or "consumed" for clarity. The requirement for gallons to be reported 
has been deleted to agree with the reporting form. The second change addresses 
concerns of industry and occurs with the addition of subsection (g), which adds 
a refund provision to the new section. 
 Comments were received from Texaco Inc. and Baker & Botts relating to export 
sales and the provision for an exemption certificate. The comptroller responded 
that export sales are addressed in 34 TAC sec.3.702 and that an exemption 
certificate would not be provided. 
 The new section is adopted under the Tax Code, sec.111.002, which provides the 
comptroller with the authority to prescribe, adopt, and enforce rules relating 
to the administration and enforcement of the provisions of the Tax Code, Title 
2. 
 
 
  sec.3.701. Reporting Requirements. 
 
  (a) Report and payment required. 
 
  (1) Each automotive oil manufacturer or importer shall file a report with the 
comptroller stating the number of quarts of automotive oil sold, imported, used, 
or consumed in this state. 
  
  (2) An automotive oil manufacturer who makes a first sale or use of automotive 
oil in Texas is liable for the fee. 
  
  (3) An automotive oil importer who imports or causes to be imported automotive 
oil into Texas for sale, use, or consumption is liable for the fee. 
  
  (b) Amount of fee. 
 
  (1) Except as provided in paragraph (2) of this subsection, the rate of the 
fee shall be $.02 per quart or $.08 per gallon of automotive oil. 
  
  (2) The Texas Department of Health may adjust the fee rate to meet the 
expenditure requirements of the Used Oil Recycling Program, and to maintain an 
appropriate fund balance. The fee rate may not exceed $.05 per quart or $.20 per 
gallon. 
  
  (3) On or before September 1 of each year, the Texas Department of Health and 
the comptroller shall jointly issue notice of the effective fee rate for the 
next fiscal year. 
  
  (c) Due date of report and payment. 
 
  (1) The automotive oil fee report and payment are due no later than the 25th 
day of the month following the end of each calendar quarter in which the 
liability for the fee is incurred. 
  
  (2) An automotive oil manufacturer or importer of automotive oil must file a 
quarterly report even if there is no fee to report. 
  
  (d) Discount. A person required to pay the fee may retain 1.0% of the amount 
of the fees due from each quarterly payment as reimbursement for administrative 
costs. 
  
  (e) Penalty. Penalties due on delinquent fees and reports shall be imposed as 
provided by the Tax Code, sec.111.061. 
  
  (f) Interest. Interest due on delinquent fees shall be imposed as provided by 
the Tax Code, sec.111.060. 
  
  (g) Refunds. Refunds of the automotive oil fee will be allowed as provided by 
the Tax Code, sec.sec.111.104-111.107. 
 
  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 May 27, 1992. 
 TRD-9207272 
  Martin Cherry 
 Chief, General Law Section 
 Comptroller of Public Accounts 
  Effective date: June 17, 1992 
 Proposal publication date: December 20, 1991 
 For further information, please call: (512) 463-4028 
         
  
  TITLE 37. PUBLIC SAFETY AND CORRECTIONS 
 Part III. Texas Youth Commission 
  Chapter 93. General Provisions 
  
  Records, Reports, Forms 
 
  37 TAC sec.93.53 
 
  The Texas Youth Commission (TYC) adopts an amendment to  sec.93.53, with 
changes to the proposed text as published in the April 24, 1992, issue of the 
Texas Register  (17 TexReg 2966). 
 The amendment to the section requires that the incident report be filed in the 
security file. Specified administrators will be notified of serious medical 
incidents. Also, the title of the facility administrator has been changed to 
program administrator. The change states when the incident reports are to be 
completed and submitted. 
 The amendment concerning documentation of serious incidents pertaining to an 
individual youth will bring about a more efficient filing system and more 
thorough notification of administrators in the case of serious medical 
incidents. 
 No comments were received regarding adoption of the amendment. 
 The amendment is adopted under the Human Resources Code,  sec.61.034, which 
provides the Texas Youth Commission with authority to make rules appropriate to 
the proper accomplishment of its function. 
 
 
  sec.93.53. Incident Report. 
 
  (a) Policy. The Texas Youth Commission (TYC) utilizes a standard format to 
document serious incidents pertaining to an individual youth. The program 
administrator immediately notifies, by electronic mail, the executive director 
or his designee of those incidents when media inquiry could be expected and/or 
where the daily operation of the facility could be affected. 
  
  (b)  Rules. 
 
  (1) (No change.) 
  
  (2) The Incident Report, Form CCF-225, is used to document: 
 
  (A) -(C) (No change.) 
  
  (D) an injury requiring hospitalization or emergency room treatment; 
  
  (E)-(F) (No change.) 
  
  (G) self-referral to security; 
  
  (H) admission/release from security, isolation, or detention; or 
  
  (I) some minor rule violations. 
  
  (3) Incident reports are completed and submitted no later than the end of 
shift on which the responsible staff is working. 
  
  (4) The program administrator is notified of alleged abuse or neglect and 
determines if an investigation should be conducted. 
  
  (5) The program administrator reviews and signs all Incident Reports, CCF-225, 
involving the use of physical force, mechanical restraint, and/or the taking of 
hostages. These specific incident reports are filed in youth masterfile 
(casework subfile). 
  
  (6)  Incident reports not involving physical force, mechanical restraint, or 
the taking of hostages are filed: 
 
  (A) in the security file in institutions; or 
  
  (B) in the masterfile for youth in all other programs. 
  
  (7) The program administrator immediately notifies the executive director or 
his designee of serious incidents. The term "serious incident" includes, but is 
not limited to: 
 
  (A) the death of a youth; 
  
  (B) the death of a TYC staff person while on duty; 
  
  (C) a serious injury to a person or significant damage to property in the 
community caused by an escapee from the facility; 
  
  (D) an incident that will require a criminal investigation; 
  
  (E)  natural disaster, riots, or the taking of hostages; or 
  
  (F) other major incidents. 
  
  (8) The program administrator will notify the director of institutions or 
director of community services, the executive director and deputy executive 
director, and the health services administrator of serious medical conditions 
requiring hospitalization or emergency room treatment. In addition, the chief of 
mental health services will be notified of suicide attempts. 
  
  (9) The program administrator provides written documentation as a follow-up to 
electronic mail notification. 
  
  (10)  The Required Notification of Serious Incidents, CCF-213, recording 
addresses and telephone numbers of community staff and youth's family is placed 
in the youth's masterfile. Information is updated by the primary service worker 
as needed. 
 
  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 May 27, 1992. 
 TRD-9207376 
  Ron Jackson 
 Executive Director 
 Texas Youth Commission 
  Effective date: June 19, 1992 
 Proposal publication date: April 24, 1992 
 For further information, please call: (512) 483-5244 
         
   Texas Department of Insurance Exempt Filing  
  Notification Pursuant to the Insurance Code, Chapter 5, Subchapter L 
 
  (Editor's note: As required by the Insurance Code, Article 5.96 and Article 
5.97, the Register publishes notices of actions taken by the State Board of 
Insurance pursuant to Chapter 5, Subchapter L, of the Code. Board action taken 
under these articles is not subject to the Administrative Procedure and Texas 
Register Act. 
 These actions become effective 15 days after the date of publication or on a 
later specified date. 
 The text of the material being adopted will not be published, but may be 
examined in the offices of the State Board of Insurance, 333 Guadalupe, Austin.) 
  
  This notification is made pursuant to the Insurance Code, Article 5.97, which 
exempts it from the requirements of the Administrative Procedure and Texas 
Register Act. 
 The State Board of Insurance of the Texas Department of Insurance at a Board 
meeting held on March 25, 1992, adopted a filing by American Bankers Insurance 
Company of Florida of forms and rates for an Involuntary Unemployment Insurance 
Program for Monthly Outstanding Balance Accounts (Reference Number O-0592-29-I). 
 In accordance with the provision of the Insurance Code, Article 5.97, the text 
of the filing has been filed in the office of the Chief Clerk of the Texas 
Department of Insurance. The filing has been available for public inspection for 
15 days. 
 The Involuntary Unemployment policy forms and rates provide coverage on an 
insured's scheduled minimum monthly revolving account payment to a creditor 
after the insured has been involuntarily unemployed for more than 30 consecutive 
days. 
 The premiums for this program are based on the previous months balance of an 
indebtedness at rates of $ .20 per $100 per month for unlimited benefits and $ 
.16 per $100 per month for the 12 month benefit level. 
 This notification is made pursuant to the Texas Insurance Code, Article 5. 97, 
which exempts it from the requirements of the Administrative Procedure and Texas 
Register 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 May 29, 1992. 
 TRD-9207383 
  Linda K. von Quintus-Dorn 
 Chief Clerk 
 Texas Department of Insurance 
  Effective date: June 19, 1992 
 For further information, please call: (512) 463-6327 
         
  
  The State Board of Insurance of the Texas Department of Insurance at a Board 
meeting held on May 7, 1992, adopted a filing by Old Republic Surety Company of 
a new endorsement for the Business Services Bond titled "Nursing Home Rider Form 
ORSC 22538" (Reference Number O-0492-18-I). 
 In accordance with the provisions of the Insurance Code, Article 5.97, the text 
of the proposed filing has been filed in the Office of the Chief Clerk of the 
State Board of Insurance. The proposed filing has been available for public 
inspection for 15 days. 
 The Nursing Home Rider Form ORSC 22538 for the Business Services Bond expands 
on the terms "subscriber" and "premises" to clarify definitions in the Business 
Services Bond when written on nursing homes. The expanding of these terms 
insures the proper interpretation of the policy conditions in the event of a 
claim. 
 There is no rate consequence for this endorsement. 
 This notification is made pursuant to the Insurance Code, Article 5.97, which 
exempts it from the requirements of the Administrative Procedure and Texas 
Register 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 May 29, 1992. 
 TRD-9207384 
  Linda K. von Quintus-Dorn 
 Chief Clerk 
 Texas Department of Insurance 
  Effective date: June 19, 1992 
 For further information, please call: (512) 463-6327