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 V. General Services Commission Chapter 125. Travel and Transportation Division Travel Management Services 1 TAC sec.sec.125.1, 125.3, 125.5, 125.7, 125.9, 125.11, 125.13, 125.17, 125.19, 125.21, 125.23 The General Services Commission adopts amendments to sec. sec.125.1, 125.3, 125.5, 125.7, 125.9, 125.11, 125.13, 125.17, 125.19, 125.21, and new sec.125.23, concerning the administration of the State Travel Management Program. Sections 125.9 and 125.19 are adopted with changes to the proposed text as published in the May 5, 1992, issue of the Texas Register (17 TexReg 3210). Sections 125.1,125.3,125.5,125.7,125.11, 125.13, 125.17, 125.21 and 125. 23 are adopted without changes and will not be republished. The amendments and new section are adopted to implement the provisions of Texas Civil Statutes, Article 601b, and specifically the changes made to this statute by House Bill 39, 72nd Texas Legislature, Second Called Session (1991), concerning state agencies' use of the centralized travel program. The sections specify how the commission will secure services from multiple travel agency vendors in accordance with House Bill 39. The sections also specify under what circumstances a state agency in the executive branch of state government will be required to use the travel contracts established by the commission, and establish a system of travel coordinators at each state agency to assist in coordinating and monitoring travel activities of state employees. Comments were received from five persons. One commenter expressed similar concerns that other universities had raised during the December 1991, comment period: the amendments should apply only to state appropriated funds; fear that the amendments would increase their travel program administrative costs; the control of travel should be with local management not administrative oversight at the institutions and General Services Commission. This commenter also questioned the need to limit state employees to use of the contract airline only unless the lower fare is offered to the general public. The commenter felt this limits competition. In addition, this commenter felt the economic argument that state volume will result in reduced fares for the state overall has so far not been quantitatively demonstrated. One commenter suggested that giving an employee the option to accept or reject a charge card is contradictory when the agencies are required to participate in the charge card contract. The commenter also felt that this appears to undermine the goal to capture all travel services data. Another commenter suggested that "liability insurance" be included in the criteria in comparing costs of alternative rental car suppliers. One commenter disagreed with the calculation of the effect on small businesses. Finally, one commenter requested to be apprised of any revisions. The names of those making comments for and against the sections were as follows. For: Texas A&M University System. Against: Texas Tech University- Texas Tech University Health Sciences Center; The Texas Travel Industry Coalition; Treasury Department; Avis Rent A Car System, Inc. The commission disagrees that the sections be applied only to state appropriations. No exception for nonappropriated funds is stated or implied in statute, and the commission believes the legislative intent is to include travel regardless of funding so that the state obtains the most favorable rates and fares through increased volumes. The commission disagrees that contract fares have so far not been quantitatively demonstrated. Since the program's inception voluntary participation by agencies has realized contract airline savings of $6.5 million. The commission disagrees that administrative costs would be increased. These costs should increase only if there is no economic or cost analysis of travel alternatives presently practiced. If such is the case, the commission believes implementation of cost analysis has greater positive economic benefit than negative impact. The commission agrees that control of travel should be with local management. Section 125.19(f) as proposed provides for agencies to establish their own procedures to address unique needs. The commission disagrees that limiting state employees to use only the contract airline unless the lower fare is offered to the general public should be eliminated. Support of the travel contracts is important to ensure effecting volume savings for state government. The commission agrees that the charge card language could be interpreted as contradictory. It is the intent of the commission to have, at a minimum, airline fares charged to the contract either through individual or centrally billed accounts. It is also the intent of the commission to allow for use of a personal charge card when it offers significant insurance benefits not available from the state's contract. Section 125.9(b)(3) is revised to clarify these positions. The commission agrees liability insurance under the contract program is a significant factor. Section 125.19(f)(6) is revised accordingly. The commission does not agree with the commenter's calculation on the small business effect. The commenter assumed that $8 million of new business will be subject to these sections. The estimated total amount of air travel for executive branch state agencies excluding higher education is $10 million. Currently, the contracted travel agency services approximately $8 million. Thus, the additional volume to be processed is $2 million. This is the gross sales amount on which the commission's $2,000 gross revenues is estimated. The amendments and new section are adopted under Texas Civil Statutes, Article 601b, sec.14.01, which provide the General Services Commission with the authority to promulgate rules to accomplish the purpose of Article 14. sec.125.9. Charge Card Services. (a) Charge accounts and cards are provided for official business use. Accounts may be established for individual state employees, the participating agency, or both. (b) Charge card services are provided under contract established between the commission and the selected charge card company. (1) Contracted services are available to all participating state agencies in accordance with sec.125.19 of this title (relating to Participation by State Agencies). (2) State agencies may begin participation in the charge card services portion of the program at any time during the term of a contract with the selected charge card company with the concurrence of the commission. (3) An employee is not required to accept a state charge card. However, at a minimum air fares must be charged on the state's charge contract unless use of a personal charge card offers insurance benefits not available from the state's contract. (c) Participating state agencies may choose to have charges billed as follows. (1) Individual billing. All official business charges are billed directly to the individual employee who is reimbursed through standard travel voucher procedures. (2) Central billing. All charges allowed by the General Appropriations Act, Article V, are billed to the agency. The agency pays the charge card company through established voucher payment procedures processed through the Comptroller of Public Accounts. (d) A state agency shall approve issuing a charge card to an employee if the employee is expected to take at least three trips or spend at least $500 per fiscal year for state business. The agency shall cancel a charge card upon the employee's termination of employment, and it may cancel a card if the employee does not comply with subsection (e) of this section or with any other provision of charge card use established by the agency. (e) By accepting a charge card, the employee accepts the responsibility for paying all charges timely and agrees that the charge card is intended for state business use. Payment of charges on individual cards is the sole responsibility of the individual. The state shall not be responsible for the charges, regardless of the type of charge, nor shall the state be liable for non-payment by the employee. sec.125.19. Participation by State Agencies. (a) Except as otherwise provided in this section, state agencies in the executive branch of state government shall participate in the program and use the travel agency, charge card, rental car, airline, hotel, and other travel service contracts that are effective for at least a 12-month term. Institutions of higher education are not required to use the travel agency contracts, but are required to use all other contracts. (b) A state agency that is not required to use the travel services contracts may do so at its option. However, a state agency that uses travel agent services must use the charge card services also. (c) To begin participating in the travel agency and charge card contracts, a state agency must send the commission a travel service requisition. An individual travel service requisition is required to request meeting planning services for each separate group or meeting. Travel service requisitions are not required to use discount rates. (d) (No change.) (e) A state agency not required to use the commission's contracts may terminate its participation by giving the commission at least 60 days' advance written notice. (f) The contracts for travel services must be used as required by sec.sec.125.1-125.21 of this title (relating to Travel Management Services) unless the conditions listed following exist. State agencies shall establish procedures to comply with this subsection and submit them to the commission for approval within 90 days after the effective date of this section. Travel agent contracts are not affected by the conditions listed in paragraphs (4)-(10) of this subsection: (1) the traveler is already in travel status, which renders the use of a contract travel agent impractical or unnecessary; (2) travel is undertaken as part of a group program for which reservations must be made through a specified source to obtain a specified rate or service; (3) a contract travel vendor cannot provide services in the time period required to accomplish the purpose of the travel; (4) a contract hotel is not available in a location that will reasonably allow the business requirements of a traveler to be fulfilled; (5) a contract hotel or rental car company is unable to provide the required services because it is sold out or does not offer services in the city being visited; (6) alternative rental car or hotel arrangements can be made at a lower total cost than the contract hotels or rental car companies. For rental cars, total costs include the base rate, loss/damage waiver protection, mileage charge, applicable taxes, surcharges, and cost for comparable liability insurance protection. For hotels, the cost of the guest room net of taxes shall be used to compare total costs; (7) a contract airline offers a fare lower by any amount than the contract fare; (8) a non-contract airline offers a lower published fare to the general public which results in a lower total trip cost, including travel time, to the agency. However, lower or identical airfares offered to state travelers only are not included within this exception; (9) travel is undertaken by persons with disabilities, by persons transporting prisoners or other persons in the custody of the state, or in a medical emergency; (10) use of contract travel vendors may present a security or safety risk to the traveler. (g) A state agency may submit a written request for exemption from the required use of one or more travel contracts. An exemption request must be submitted within 90 days after the effective date of this section or within 90 days after the effective date of a new travel contract. The commission will approve an exemption if it determines that such an exemption would provide an economic or service benefit to the state, taking into account any affect on the commission's contracts and ability to obtain favorable contracts in the future. An exemption expires when the related contract is terminated or replaced. 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 22, 1992. TRD-9208677 Judith M. Porras General Counsel General Services Commission Effective date: July 14, 1992 Proposal publication date: May 5, 1992 For further information, please call: (512) 463-3446 TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 3. Life, Accident, and Health Insurance Subchapter FF. Credit Life and Accident and Health Insurance Applications and Policies 28 TAC sec.3.5111 (Editor's note: Due to a Texas Register error, the following adoption, filed by the Texas Department of Insurance on June 9, 1992, was not printed in the June 16, 1992, issue of the Texas Register. The section was adopted with changes, therefore should have been published. The effective date of the section is June 30, 1992.) sec.3.5111. Open-end Transaction Forms. (a) The group policy and certificate of insurance shall set forth that the debtor will be furnished a statement each billing cycle (but not less frequently than quarterly) which contains the following: (1) the amount of the debtor's insurance charge, shown separately for credit life and credit accident and health insurance; (2) the amount of the insured's indebtedness to which the insurance charge rate was applied; (3) the date the rate was applied; (4) the period covered by such monthly charge; and (5) notification of any rate change at least one billing cycle prior to the effective date of change. If the change is mandated by other legal requirements to take effect prior to the date of the next billing cycle, notice of any rate change must be given at least 30 days prior to the effective date of the rate change; and (6) notification of any pre-established insurance termination date due to underwriting or eligibility guidelines. (b) The group policy and certificate of insurance shall state that the debtor shall contain language advising the debtor to attach the notice of rate change to their certificate of insurance. (c) All forms, including the debtor's application and enrollment form, shall contain an identifying form number as required in sec.3.5201 of this title (relating to Submission of Form and Rate Filings). 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 9, 1992. TRD-9207910 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Effective date: June 30, 1992 Proposal publication date: March 20, 1992 For further information, please call: (512) 463-6327 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part III. Texas Air Control Board Chapter 115. Control of Air Pollution from Volatile Organic Compounds Subchapter A. Definitions The Texas Air Control Board (TACB) adopts amendments to sec.sec.115.119, 115. 121, 115.127, 115.129, 115.131, 115.137, 115.139, 115.211, 115.212, 115.216, 115.217, 115.219, 115.229, and 115.239, with changes to the proposed text as published in the January 28, 1992, issue of the Texas Register (17 TexReg 618). The amendments to sec.sec.115.10, 115.112-115.117, 115.122, 115.123, 115.125, 115.126, 115.132, 115.133, 115.135, 115.136, 115.213, 115.214, 115.215, 115. 221-115.227, 115.234-115.236, 115.311-115.313, 115.315, 115.316, 115.319, 115. 322-115.327, 115.329, 115.332-115.337, 115.339, 115.342, 115.347, 115.349, 115. 412, 115.413, 115.415-115.417, 115.419, 115.421-115.427, 115.429, 115.432, 115. 433, 115.435-115.437, 115.439, 115.512, 115.513, 115.515-115.517, 115.519, 115. 531-115.537, 115.539, 115.612, 115.613, 115.615, 115.617, 115.619, and new sec.115.317 and sec.115.614 are adopted without changes and will not be republished. Additionally, the TACB withdraws the proposed revisions to sec.sec.115.521-115.527, and 115.529. The amendments satisfy a requirement by the U.S. Environmental Protection Agency (EPA) to extend the controls that currently exist in certain ozone nonattainment areas to all previously designated nonattainment areas (Brazoria, Dallas, El Paso, Galveston, Harris, Jefferson, Orange, and Tarrant Counties). This program is referred to as "leveling the playing field." The amendments also satisfy an EPA requirement to extend controls that currently exist in certain ozone nonattainment areas to newly-designated adjacent nonattainment counties (Chambers, Collin, Denton, Fort Bend, Hardin, Liberty, Montgomery, and Waller Counties). This program is referred to as the "perimeter county catch-ups." The revisions also remove potentially confusing cross-references and otherwise improve clarity. Additionally, existing requirements for Gregg, Nueces, and Victoria Counties have been moved into a separate subsection in each section. In concurrent rulemaking, the TACB adopts the repeal of old sec.sec.115.242, 115.243, 115.245, 115.246, and 115.247. Public hearings were held on February 24, 1992 in Beaumont, on February 25, 1992 in Houston and El Paso, and on February 26, 1992 in Arlington. Testimony was received from 14 commenters during the comment period which closed on February 28, 1992. Most of the comments addressed the specific changes proposed and cover a variety of issues. EPA; the Sierra Club, Lone Star Chapter (Sierra Club); Amoco Oil Company (Amoco); the Texas Chemical Council (TCC); and Exxon Chemical Americas (Exxon) generally supported the proposed revisions. Testimony submitted by TCC was supported by DuPont Gulf Coast Regional Manufacturing Services (DuPont), Ethyl Corporation (Ethyl), Mobil Oil Corporation (Mobil), Amoco, and Exxon. Texaco Chemical Company (Texaco); Marathon Oil Company (Marathon); the Texas Department of Transportation (TxDOT) ; the Motor Vehicle Manufacturers Association (MVMA); Spectrum Packaging, Incorporated (Spectrum); and an individual requested clarification or suggested changes. The comments are categorized as being for or against the proposal. The 14 commenters suggested changes to the proposal and are categorized as being against the proposal. Those commenters who agreed with the proposal in its entirety are categorized as being for the proposal, but there are no such commenters. EPA commented that the effective date of the revisions should not precede the compliance deadline of July 31, 1992 for some previous requirements. The TACB staff agrees and is specifying an effective date of August 1, 1992 for publication in the Texas Register, except that the TACB is specifying an effective date of 20 days after publication for the repeal of sec.sec.115. 242- 115.249. EPA commented that the references to Hardin and Matagorda Counties in sec.sec.115.112(c), 115.121(c), 115.123(c), 115.127(c), 115.132(c), 115.133(c), 115.137(c), 115.212(c), 115.213(c), and 115.217(c) could be strengthened by clarifying that in the future these two counties will be affected by the more stringent requirements of subsection (a) of each of these rules. The staff agrees and has added clarifying language to sec.sec.115.119, 115.129, 115.139, and 115.219. An individual commented that a hearing should have been held in Houston during the evening hours. The TACB's policy is to make the public hearings as accessible as possible and consequently three of the four hearings were held in the evening hours. However, the greatest attendance occurred at the Houston hearing, which was held at 11 a.m. An individual suggested that volatile organic compound (VOC) rules for ozone nonattainment areas be implemented statewide and expressed general opposition to exemptions. Chapter 115 is specifically intended to address VOC emissions in ozone nonattainment areas rather than statewide emissions. The staff has evaluated the cost-effectiveness of substantive controls for small sources and believes that exemption of insignificant emission sources is appropriate. An individual commented on recordkeeping requirements throughout Chapter 115. The commenter wanted the TACB to clarify whether the required records are to be made available to the public. Companies are not required to supply records directly to the public, but as stated in the opening paragraphs of the recordkeeping rules, the records must be made available to the TACB, EPA, and any local air pollution control agency having jurisdiction. Some of the information in records may be proprietary information, and the TACB cannot require that this information be made available to any member of the public upon request. However, the public does have access to nonproprietary information in TACB permit and compliance files. An individual commented on testing requirements throughout Chapter 115. The commenter opposed language which authorizes "minor modifications to these test methods approved by the executive director" and commented that "minor modification" is not defined. EPA has identified and published specific acceptable test methods for use in determining compliance. These test methods are currently recognized as industry standards, but EPA has indicated that minor modifications to methods which do not involve any significant change in the results may be independently approved by the executive director. However, new test methods or major changes must still be submitted to EPA for approval. An individual commented that "continuous compliance" and "substantially equivalent" are not defined in sec.115.113 or in similar paragraphs elsewhere in Chapter 115. These terms have the meanings commonly ascribed to them in the field of air pollution control, and the staff does not believe that further definition is necessary. An individual recommended that the minimum control efficiency in sec.115. 122(b) and elsewhere in Chapter 115 be set at 95-99% instead of the proposed 90%. The minimum control efficiency was established by EPA's Control Techniques Guideline (CTG) to allow use of various control options, including catalytic incineration. While a catalytic incinerator may demonstrate very high initial destruction efficiency, the efficiency declines to approximately 90% before catalyst regeneration is necessary. The high cost and minimal additional benefit does not warrant the retrofit of existing sources with the best available control technology or lowest achievable emission rate technology required of new sources. Staff supports the 90% efficiency number required by EPA as reasonably available control technology (RACT), which is required of all affected sources in ozone nonattainment counties. An individual contended that the alternate control requirements specified in sec.115.123(a) and elsewhere in Chapter 115 should require executive director approval in all cases. There are no substantive changes proposed in these subsections. Therefore, comments on this requirement are not within the scope of the proposed revisions. However, in conjunction with future EPA guidance, these comments will be considered for future rulemaking. An individual commented that "significant odors" are not defined in sec.115. 214(b)(1) or in similar paragraphs elsewhere in Chapter 115. This term has the meaning commonly ascribed to it in the field of air pollution control, and the staff does not believe that further definition is necessary. Exxon commented that some of the Chapter 115 fugitive emissions monitoring requirements do not include an exemption for pump seals which are equipped with alarm systems, while the other monitoring programs may contain such an exemption. Exxon suggested that all fugitive emissions monitoring rules include an exemption for pump seals which are equipped with alarm systems. Since the fugitive emissions monitoring requirements were established in the CTGs relating to fugitive emissions control, the staff is not currently considering additional exemptions. Exemptions beyond those established in the CTGs could jeopardize EPA approval. Based on future EPA guidance, these comments will be considered for future rulemaking. DuPont commented that 84% of VOC emissions in Jefferson County were the result of point sources, with 11% from mobile sources and 5.0% from area sources. Sixty-two percent of the VOC emissions in Dallas County were the result of mobile sources, with 29% from area sources and 9.0% from point sources. DuPont suggested that imposing the same control requirements in Jefferson County as in Dallas County was inappropriate. The staff believes that the proposed control requirements are appropriate. The staff agrees that additional emphasis on mobile sources in the Dallas/Fort Worth area will be necessary to achieve attainment with the ozone standard and, likewise, agrees that additional emphasis on point sources in Jefferson County will be needed in the future. DuPont commented that the cost of compliance in Jefferson County may be higher than that in other counties and estimated that some costs could be as high as $10,000 per ton of VOC. The staff cannot discount the possibility that costs in Jefferson County may exceed that of other areas and notes that the requirements for Jefferson County have not changed significantly for a number of years, during which time the requirements for the other ozone nonattainment areas became more stringent. In essence, the Beaumont/Port Arthur area has more "catching up" to do than the other nonattainment areas. DuPont, Mobil, and TCC commented that a later compliance date was needed in order to allow for design, permitting, and construction of abatement facilities. DuPont noted that when new vent gas control requirements in sec.sec.115.121- 115.129 were imposed on Dallas County, two years were allowed for compliance with the changes. Ethyl suggested that 18 months to two years be allowed for compliance with the changes to sec.sec.115.121-115.129; Amoco and Marathon suggested two years. TCC requested an 18-month compliance schedule for changes to requirements for sec. sec.115.112-115.119 and a two-year compliance schedule for changes to requirements for sec.sec.115.121-115.129 and sec. sec.115.131- 115.139. TCC and Exxon requested that the TACB provide a mechanism for extended compliance schedules for situations where a company is making an honest attempt to implement the required controls, but is unable to meet the compliance schedule due to equipment delivery delays, permitting delays, and even weather delays. DuPont expressed concern about possible damage to a company's reputation if the company is unable to install the required controls by the compliance date. The staff can appreciate the time needed for the installation of control equipment in order to comply with the new requirements and, after discussion with EPA, revised the compliance schedule for changes to sec.sec.115.211-115.219 from July 31, 1993 to January 31, 1994 and revised the compliance schedule for changes to sec.sec.115.121-115.129 and sec.sec.115.131-115.139 from July 31, 1993 to July 31, 1994. For consistency with the revised compliance date of January 31, 1994 for changes to sec.sec.115.211-115.219, the staff has also revised the compliance schedule for changes to sec.sec.115.221-115.229 and sec. sec.115.234-115. 239 from July 31, 1993 to January 31, 1994. Dupont expressed concern that emission reductions resulting from the proposed changes could make it more difficult for Jefferson County to meet the emission reductions required by the 1990 Federal Clean Air Act (FCAA) Amendments and further suggested that the proposed revisions are premature. The staff notes that the baseline for the emission reductions is the 1990 emissions inventory, with a 15% VOC emission reduction required over the first six-year period and a 3.0% per year reduction (averaged over each consecutive three-year period) required beginning in 1996 until the attainment date. EPA has indicated that any creditable VOC emission reductions achieved beyond the required 15% during the first six years after enactment of the 1990 FCAA Amendments can be counted toward meeting the 3.0% rate of progress requirement. Given the magnitude of the ozone problem in the Beaumont/Port Arthur area, the staff believes that expeditious emission reductions are needed in order to achieve attainment and reduce the possibility of this area being reclassified from "serious" to "severe" nonattainment after 1999. An individual commented that the definition for delivery vessel/tank-truck tank in sec.115.10 should include wording to specify "a storage tank having a capacity greater than 1,000 gallons." This wording is identical to that included in the proposal; therefore, no change is needed. An individual objected to the applicability and exemption levels specified in Tables I(a) and II(a) of sec.115.112 and additionally suggested that the requirement for a submerged fill pipe or vapor recovery system be changed to mandate the use of both controls. The control requirements specified in these tables are consistent with EPA guidelines which define RACT for VOC storage tanks. The staff does not believe that requiring multiple controls on storage tanks is appropriate due to the high cost and minimal additional benefit. EPA noted that sec.115.116(a)(2) includes annual recordkeeping requirements for the inspection of seals on VOC storage tanks, which is inconsistent with the semiannual inspection requirement of sec.115.114(a)(3). Comments on sec.115. 116(a)(2) are not within the scope of the proposed revisions since there are no changes proposed to this rule. However, the staff agrees with the commenter and will consider the issue in future rulemaking. TCC and Exxon expressed concern that liquid phase polypropylene manufacturing processes were being added to sec.115.121(a)(3) for the first time and stated that a compliance schedule for affected facilities in Harris County should be provided. Affected liquid phase polypropylene manufacturing facilities in Harris County were required to be in compliance with the emission control requirements no later than January 27, 1990. The substitution of "polypropylene" for "polyethylene" in the rule language merely corrects a typographical error in the version of sec.115.121(a)(3) which became effective on February 19, 1990 (i.e., after the January 27, 1990 compliance deadline). All affected liquid phase polypropylene manufacturing facilities in Harris County must continue to comply with the control requirements. DuPont commented that additional changes were needed to sec.115.123 to allow flexibility to meet RACT standards through source reduction and also suggested that the TACB consider allowing large industrial facilities to "bubble" emissions to meet the control requirements. Likewise, Amoco suggested a "compliance waiver" system which essentially would allow for "bubbles." Sections 115.121-115.129 already allow companies the flexibility to use process control as a source reduction technique rather than add-on controls to meet emission limitations. Sections 115.123 and 115.910 provide for site-specific state implementation plan (SIP) revisions which must be approved by the TACB and EPA, and sec.101.23 authorizes "bubbles." The federal requirements for "bubbles" are set forth in EPA's Emissions Trading Policy Statement as published in the Federal Register on December 4, 1986. Amoco expressed concern that emissions from process safety relief valves which vent during upset conditions and are manifolded to a knockout drum and then released to the atmosphere could be considered to be process vents affected by the vent gas stream control requirements of sec.sec.115.121-115.129. Marathon also asked for confirmation of their understanding that pressure safety valves and other emergency pressure relief devices are not intended to be covered by the vent gas rules. The vent gas rule addresses only normal process emissions. The staff previously has interpreted that upset conditions (such as the venting of safety relief valves) and maintenance are regulated by the TACB general rules, sec.101.6 and sec.101.7, and not by Chapter 115, unless otherwise specifically stated. The staff noted that the 100-pound per continuous 24-hour period exemption in sec.115.127(a)(4) for air oxidation synthetic organic chemical, liquid phase polypropylene, liquid phase slurry high-density polyethylene, and continuous polystyrene manufacturing processes was inadvertently omitted during previous rulemaking. The TACB has reinstated this exemption. Exxon commented on sec.sec.115.211-115.219 regarding emission control requirements for the loading and unloading of VOC. Specifically, Exxon questioned why controls are required on 20,000 gallons of VOC per day capacity or larger loading facilities which handle any VOC with a vapor pressure greater than 1.5 psia. This requirement was mandated by EPA in order to force the installation of controls in situations like this or to force the dedication of the loading rack to lower volatility (i.e., less than 1.5 psia) VOCs. Dupont expressed concern that the control requirements of sec.115.212(a) for gasoline bulk plants could include motor vehicle fuel dispensing facilities. "Motor vehicle fuel dispensing facility" is defined separately in sec.115.10 and is not intended to be included in the definition of gasoline bulk plant. EPA commented on sec.sec.115.221-115.229, noting that there is presently in place a federal implementation plan (FIP), 40 Code of Federal Regulations 52. 2285-52.2297, which includes requirements for Stage I vapor recovery in the Dallas/Fort Worth and Houston/Galveston perimeter counties and also in Bexar County. EPA commented that extension of sec.sec.115.221-115.229 Stage I requirements to the Dallas/Fort Worth and Houston/Galveston perimeter counties would allow for the rescission of the Stage I FIP when the SIP revision is approved for these counties. The staff notes that extension of Stage I vapor recovery to these perimeter counties is federally mandated, regardless of the existence of a FIP for these areas. For consistency with the revised compliance date of January 31, 1994 for sec.sec.115.211-115.219, the staff revised the compliance schedule for changes to sec. sec.115.221-115.229 from July 31, 1993 to January 31, 1994. No comments were received on sec.sec.115.234-115.239. For consistency with the revised compliance date of January 31, 1994 for changes to sec.sec.115. 211- 115.219, the staff has revised the compliance schedule for changes to sec.sec.115.234-115.239 from July 31, 1993 to January 31, 1994. No comments were received on sec.sec.115.311-115.319. An individual opposed the exclusion of safety pressure relief valves from the requirements of sec.115.322. Changes of this nature are beyond the scope of the proposed revisions since inclusion of the commenter's proposed change would impose rules of a more restrictive manner than those proposed for public comment. EPA's CTG relating to fugitive emissions monitoring programs for petroleum refineries includes an exemption for safety pressure relief valves because these components do not represent a significant source of VOC emissions. The Sierra Club opposed the modified monitoring schedule available under sec.115.324(b)(8)(A). Changes in this area cannot be made at this time since deletion of the modified monitoring schedule would impose rules of a more restrictive manner than those proposed for public comment. However, the staff believes that a modified monitoring schedule should be available. Each request for a modified monitoring schedule is evaluated on a case-by-case basis, with the burden of proof on the facility to document satisfaction of the requirements. The Sierra Club commented on sec.115.326(b)(2) and recommended that the concentration at which a leak is defined be lowered from 10,000 ppmv to 1,000 ppmv, except where the 28MID fugitive emissions monitoring program is implemented. This recommendation would be more restrictive than the existing rule and is beyond the scope of this rulemaking. The 10,000 ppmv concentration was established in the CTGs relating to fugitive emissions control. However, the staff will evaluate the cost-effectiveness of including a lower concentration in the definition of leak and, if appropriate, may consider this comment in future rulemaking. Texaco commented that the requirement of sec.115.334(1)(E) to measure emissions immediately after repair of a component that had been leaking should be changed to "within a reasonable amount of time." Texaco stated that they believe that residual VOC following a repair may cause inaccurate monitoring readings immediately after repair. Comments on this rule are not within the scope of this rulemaking since there are no changes proposed to this rule. However, the intent of the requirement is to insure that repairs to leaking components are completed properly, as shown by monitoring immediately after repair. The staff does not believe that revised language is necessary. Texaco suggested that clarification of sec.115.336(1) is needed to specify when the required monitoring program plan must be submitted for new or modified units. Section 115.339 specifies that facilities in the ozone nonattainment counties which are newly-affected by the fugitive emissions monitoring requirements (i.e., the 15 ozone nonattainment counties other than Harris County) must comply no later than July 31, 1993. New facilities in Harris County, and new facilities beginning operation after July 31, 1993 in ozone nonattainment counties other than Harris County, must comply with the fugitive emissions monitoring requirements upon start-up, and, therefore, must submit the monitoring plan prior to initial start-up. The suggested change appears to be unnecessary. Texaco commented on sec.115.337(3), which was proposed to be renumbered as sec.115.337(2). Texaco suggested that definitions are needed to clarify "temporary nonoperating status" and "nonoperating process units," that the requirement to submit a compliance plan within one month prior to start-up is impractical and that the requirement to notify the TACB of start-ups and shutdowns be replaced with a requirement to keep records of such activities. No substantive changes were proposed in this paragraph; the paragraph number is simply being changed. However, the staff believes these comments may have merit and may consider the comments in future rulemaking in conjunction with future EPA guidance. No comments were received on sec.sec.115.342-115.349, 115.412-115.419, 115. 421-115.429, and 115.432-115.439. The TxDOT commented on sec.115.512(3), requesting a clarification of whether cutback asphalt from an asphalt manufacturer located in a nonattainment county may be sold if the asphalt is intended for use in a non-affected county. The prohibition on the use, application, sale, or offering for sale of cutback asphalt in nonattainment counties was intended to restrict the use of cutback asphalt for paving of roads in these counties. Cutback asphalt may still be sold and used in counties other than the nonattainment counties, regardless of the location of the manufacturer. However, the TACB may consider future rulemaking which would place restrictions on the manufacturing of cutback asphalt in ozone nonattainment areas. No comments were received on sec.sec.115.521-115.529. Subsequent to publication of the proposed changes, EPA advised the TACB of their intent to remove perchloroethylene from the definition of VOC and regulate perchloroethylene as a hazardous air pollutant under Title III of the 1990 FCAA Amendments. EPA recommended that the TACB not go forward with the proposal. Therefore, the TACB has withdrawn the proposed changes to sec.sec.115. 521-115.529. No comments were received on sec.sec.115.531-115.539. MVMA, Spectrum, and an individual commented on sec.sec.115.612-115.619. MVMA expressed concern that a compliant windshield washer fluid would not provide freeze protection to 0 Degrees Fahrenheit and referred to Federal Motor Vehicle Safety Standard (FMVSS) 104. FMVSS 104 applies to new vehicles, while sec.115.617(4) specifically exempts windshield washer fluids used exclusively in new vehicles prior to initial sale. A compliant (8.0% by weight VOC) windshield washer fluid will provide freeze protection to 25 Degrees Fahrenheit, which the staff believes is adequate for the affected ozone nonattainment counties. An individual generally supported tighter regulation of consumer products. The staff will consider this request in future rulemaking in conjunction with the "15% SIP" and the November 15, 1994 attainment demonstration. Spectrum commented generally that the rules need to be enforced. It is the TACB's policy to enforce its rules and take enforcement action when appropriate. The staff notes that the revisions to sec.sec.115.612-115.619 will strengthen the enforceability of these rules. The TACB is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, national origin, age, or disability in employment or in the provision of services, programs, or activities. In compliance with the Americans With Disabilities Act, this document may be requested in alternate formats by contacting the Air Quality Planning Program staff at (512) 908-1457, (512) 908-1500 FAX, or 1-800-RELAY-TX (TDD), or by writing or visiting at 12118 North IH-35, Park 35 Technology Center, Building A, Austin, Texas 78753. 31 TAC sec.115.10 The amendments are adopted under the Texas Clean Air Act (TCAA), sec.382. 017, Texas Health and Safety Code, (Vernon 1990), which provides the TACB with the authority to adopt rules consistent with the policy and purposes of the TCAA. 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 18, 1992. TRD-9208605 Lane Hartsock Deputy Director, Air Quality Planning Texas Air Control Board Effective date: August 1, 1992 Proposal publication date: January 28, 1992 For further information, please call: (512) 908-1451 Subchapter B. General Volatile Organic Compound Sources Storage of Volatile Organic Compounds 31 TAC sec.sec.115.112-115.117, 115.119 The amendments are adopted under the Texas Clean Air Act (TCAA), sec.382. 017, Texas Health and Safety Code, (Vernon 1990), which provides the TACB with the authority to adopt rules consistent with the policy and purposes of the TCAA. sec.115.119. Counties and Compliance Schedules. All affected persons in Chambers, Collin, Denton, Fort Bend, Hardin, Liberty, Montgomery, and Waller Counties shall be in compliance with sec.115.112(a) of this title (relating to Control Requirements), sec.115.113(a) of this title (relating to Alternate Control Requirements), sec.115.114(a) of this title (relating to Inspection Requirements), sec.115.115(a) of this title (relating to Testing Requirements), sec.115.116(a) of this title (relating to Recordkeeping Requirements), and sec.115.117(a) of this title (relating to Exemptions) as soon as practicable, but no later than January 31, 1994. Sections 115.112(c) of this title, 115.113(c) of this title, and 115.117(c) of this title shall no longer apply in Hardin and Montgomery Counties after January 31, 1994. 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 18, 1992. TRD-9208606 Lane Hartsock Deputy Director, Air Quality Planning Texas Air Control Board Effective date: August 1, 1992 Proposal publication date: January 28, 1992 For further information, please call: (512) 908-1451 Vent Gas Control 31 TAC sec.sec.115.121-115.123, 115.125-115.127, 115.129 The amendments are adopted under the Texas Clean Air Act (TCAA), sec.382. 017, Texas Health and Safety Code, (Vernon 1990), which provides the TACB with the authority to adopt rules consistent with the policy and purposes of the TCAA. sec.115.121. Emission Specifications. (a) For all persons in the Beaumont/Port Arthur, Dallas/ Fort Worth, El Paso, and Houston/Galveston areas as defined in sec.115.10 of this title (relating to Definitions), the following emission specifications shall apply. (1) Until July 31, 1994, in Brazoria, El Paso, Galveston, Jefferson, and Orange Counties, no person may allow a vent gas stream to be emitted from any process vent containing one or more of the following volatile organic compounds (VOC) or classes of VOC, unless the vent gas stream is burned properly in accordance with sec.115.122(a)(1) of this title (relating to Control Requirements): (A)-(B) (No change.) (C) emissions of specified classes of VOC, including aldehydes, alcohols, aromatics, ethers, olefins, peroxides, amines, acids, esters, ketones, sulfides, and branched chain hydrocarbons (C8 and above). (2) In Dallas, Harris, and Tarrant Counties, and after July 31, 1994, in counties other than Dallas, Harris, and Tarrant, no person may allow a vent gas stream containing VOC to be emitted from any process vent, unless the vent gas stream is burned properly in accordance with sec.115.122(a)(1) of this title. (3) In Harris County, and after July 31, 1994, in counties other than Harris, no person may allow a vent gas stream to be emitted from any air oxidation synthetic organic chemical manufacturing process, any liquid phase polypropylene manufacturing process, any liquid phase slurry high-density polyethylene manufacturing process, or any continuous polystyrene manufacturing process, unless the vent gas stream is controlled to a VOC emission rate of no more than 20 parts per million or is burned properly in accordance with sec.115.122(a)(2) of this title. (b) In Nueces and Victoria Counties, no person may allow a vent gas stream to be emitted from any process vent containing one or more of the following VOC or classes of VOC, unless the vent gas stream is burned properly in accordance with sec.115.122(b) (1) of this title: (1) emissions of ethylene associated with the formation, handling, and storage of solidified low-density polyethylene; (2) emissions of the following specific VOC: ethylene, butadiene, isobutylene, styrene, isoprene, propylene, methylstyrene; and (3) emissions of specified classes of VOC, including aldehydes, alcohols, aromatics, ethers, olefins, peroxides, amines, acids, esters, ketones, sulfides, and branched chain hydrocarbons (C8 and above). (c) For persons in Aransas, Bexar, Calhoun, Hardin, Matagorda, Montgomery, San Patricio, and Travis Counties, the following emission specifications shall apply. (1) No person may allow a vent gas stream to be emitted from any process vent containing one or more of the following VOC or classes of VOC, unless the vent gas stream is burned properly in accordance with sec.115.122(c)(1) of this title: (A)-(C) (No change.) (2) No person may allow a vent gas stream to be emitted from any catalyst regeneration of a petroleum or chemical process system, basic oxygen furnace, or fluid coking unit into the atmosphere, unless the vent gas stream is properly burned in accordance with sec.115.122(c)(2) of this title. (3) No person may allow a vent gas stream to be emitted from any iron cupola into the atmosphere, unless the vent gas stream is properly burned in accordance with sec.115.122(c)(3) of this title. (4) Vent gas streams from blast furnaces shall be burned properly in accordance with sec.115.122(c) (4) of this title. sec.115.127. Exemptions. (a) For all persons in the Beaumont/Port Arthur, Dallas/ Fort Worth, El Paso, and Houston/Galveston areas, the following exemptions apply. (1) (No change.) (2) Until July 31, 1994, in Brazoria, El Paso, Galveston, Jefferson, and Orange Counties, the following vent gas streams are exempt from the requirements of sec.115.121(a)(1) of this title (relating to Emission Specifications): (A)-(B) (No change.) (3) In Dallas, Harris, and Tarrant Counties, and after July 31, 1994, in counties other than Dallas, Harris, and Tarrant, the following vent gas streams are exempt from the requirements of sec.115.121(a)(2) of this title: (A) (No change.) (B) until July 31, 1994, in Harris County, a vent gas stream specified in sec.115.121(a)(2) of this title with a concentration of volatile organic compound (VOC) less than 0.44 psia true partial pressure (30,000 ppm); and (C) a vent gas stream specified in sec.115.121(a)(2) of this title with a concentration of VOC less than 0.009 psia true partial pressure (612 ppm). (4) In Harris County, and after July 31, 1994, in counties other than Harris, the following vent gas streams are exempt from the requirements of sec.115.121(a)(3) of this title: (A)-(B) (No change.) (C) a vent gas stream having a combined weight of VOC equal to or less than 100 pounds (45.4 kg) in any continuous 24-hour period. (b) For all persons in Nueces and Victoria Counties, the following exemptions apply. (1) A vent gas stream from a low-density polyethylene plant is exempt from the requirements of sec.115.121(b)(1) of this title if no more than 1.1 pounds of ethylene per 1,000 pounds (1.1 kg/1,000 kg) of product are emitted from all the vent gas streams associated with the formation, handling, and storage of the solidified product. (2) The following vent gas streams are exempt from the requirements of sec.115.121(b)(1) of this title: (A) a vent gas stream having a combined weight of the VOC or classes of compounds specified in sec.115.121(b)(1)(B) and (C) of this title equal to or less than 100 pounds (45.4 kg) in any continuous 24-hour period; and (B) a vent gas stream with a concentration of the VOC or classes of compounds specified in sec.115.121(b)(1)(B) and (C) of this title less than 0.44 psia true partial pressure (30,000 ppm). (c) For all persons in Aransas, Bexar, Calhoun, Hardin, Matagorda, Montgomery, San Patricio, and Travis Counties, the following exemptions apply. (1) A vent gas stream from a low-density polyethylene plant is exempt from the requirements of sec.115.121(c)(1) of this title if no more than 1.1 pounds of ethylene per 1, 000 pounds (1.1 kg/1,000 kg) of product are emitted from all the vent gas streams associated with the formation, handling, and storage of the solidified product. (2) The following vent gas streams are exempt from the requirements of sec.115.121(c)(1) of this title: (A) a vent gas stream having a combined weight of the VOC or classes of compounds specified in sec.115.121(c)(1)(B) and (C) of this title equal to or less than 100 pounds (45. 4 kg) in any continuous 24-hour period; (B) a vent gas stream having a concentration of the VOC specified in sec.115.121(c)(1)(B) and (C) of this title less than 0.44 psia true partial pressure (3.0 kPa); and (C) a vent gas stream from any process referenced in sec.115.121(c)(2) of this title emitting less than or equal to five tons (4,536 kg) of total uncontrolled VOC in any one calendar year. sec.115.129. Counties and Compliance Schedules. All affected persons in the Beaumont/Port Arthur, Dallas/ Fort Worth, El Paso, and Houston/Galveston areas shall be in compliance with this undesignated head (relating to Vent Gas Control) in accordance with the following schedules. (1) All affected persons in Chambers, Collin, Denton, Fort Bend, Hardin, Liberty, Montgomery, and Waller Counties shall be in compliance with sec.115.121(a) of this title (relating to Emission Specifications), sec.115. 122(a) of this title (relating to Control Requirements), sec.115.123(a) of this title (relating to Alternate Control Requirements), sec.115.125(a) of this title (relating to Testing Requirements), sec.115.126 of this title (relating to Recordkeeping Requirements), and sec.115.127(a) of this title (relating to Exemptions) as soon as practicable, but no later than July 31, 1994. Sections 115.121(c) of this title, 115.122(c) of this title, 115.123(c) this title, and 115.127(c) of this title shall no longer apply in Hardin and Montgomery Counties after July 31, 1994. (2) All persons in Brazoria, El Paso, Galveston, Jefferson, and Orange Counties affected by the provisions of sec.115.121(a)(2) and (3) of this title and sec.115.127(a)(3) of this title shall be in compliance with these sections as soon as practicable, but no later than July 31, 1994. (3) All persons in Harris County affected by the provisions of sec.115.127(a)(3)(C) of this title shall be in compliance with this section as soon as practicable, but no later than July 31, 1994. 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 18, 1992. TRD-9208607 Lane Hartsock Deputy Director, Air Quality Planning Texas Air Control Board Effective date: August 1, 1992 Proposal publication date: January 28, 1992 For further information, please call: (512) 908-1451 Water Separation 31 TAC sec.sec.115.131-115.133, 115.135-115.137, 115.139 The amendments are adopted under the Texas Clean Air Act (TCAA), sec.382. 017, Texas Health and Safety Code, (Vernon 1990), which provides the TACB with the authority to adopt rules consistent with the policy and purposes of the TCAA. sec.115.131. Emission Specifications. (a) For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas as defined in sec.115.10 of this title (relating to Definitions), any volatile organic compound (VOC) water separator equipped with a vapor recovery system in order to comply with sec.115.132(a) of this title (relating to Control Requirements) shall reduce emissions such that the VOC in vent gases to the atmosphere will not exceed: (1) (No change.) (2) a true partial pressure of 1.5 psia (10.3 kPa) at facilities other than petroleum refineries until July 31, 1994, in Brazoria, El Paso, Galveston, Harris, Jefferson, and Orange Counties; (3) a true partial pressure of 0.5 psia (3.4 kPa) at any facility in Dallas and Tarrant Counties; or (4) a true partial pressure of 0.5 psia (3.4 kPa) at facilities other than petroleum refineries after July 31, 1994, in counties other than Dallas and Tarrant. (b) For all persons in Gregg, Nueces, and Victoria Counties, any VOC water separator equipped with a vapor recovery system in order to comply with sec.115.132(b) of this title shall reduce emissions such that the partial pressure of the VOC in vent gases to the atmosphere will not exceed a level of 1.5 psia (10.3 kPa). (c) For all persons in Aransas, Bexar, Calhoun, Hardin, Matagorda, Montgomery, San Patricio, and Travis Counties, any VOC water separator equipped with a vapor recovery system in order to comply with sec.115.132(c) of this title shall reduce emissions such that the true partial pressure of the VOC in vent gases to the atmosphere will not exceed a level of 1.5 psia (10.3 kPa). sec.115.137. Exemptions. (a) For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas, the following exemptions shall apply. (1) Until July 31, 1994, in Brazoria, El Paso, Galveston, Harris, Jefferson, and Orange Counties, volatile organic compound (VOC) water separators used exclusively in conjunction with the production of crude oil or condensate are exempt from sec.115.132(a) of this title (relating to Control Requirements). (2) Until July 31, 1994, in Brazoria, El Paso, Galveston, Harris, Jefferson, and Orange Counties, any single or multiple compartment VOC water separator which separates less than 200 gallons (757 liters) a day of materials containing VOC obtained from any equipment is exempt from sec.115.132(a) of this title. (3) Until July 31, 1994, in Brazoria, El Paso, Galveston, Harris, Jefferson, and Orange Counties, any single or multiple compartment VOC water separator which separates materials having a true vapor pressure of VOC less than 1.5 psia (10. 3 kPa) obtained from any equipment in a facility other than a petroleum refinery is exempt from sec.115.132(a). (4) Any single or multiple compartment VOC water separator which separates materials having a true vapor pressure of VOC less than 0.5 psia (3.4 kPa) obtained from any equipment is exempt from sec.115.132(a) of this title. (b) For Gregg, Nueces, and Victoria Counties, the following exemptions shall apply. (1) VOC water separators used exclusively in conjunction with the production of crude oil or condensate are exempt from sec.115.132(b) of this title. (2) Any single or multiple compartment VOC water separator which separates less than 200 gallons (757 liters) a day of materials containing VOC obtained from any equipment is exempt from sec.115.132(b) of this title. (3) Any single or multiple compartment VOC water separator which separates materials having a true vapor pressure of VOC less than 1.5 psia (10.3 kPa) obtained from any equipment is exempt from sec.115.132(b) of this title. (4) In Gregg County, any single or multiple compartment VOC water separator which separates materials obtained from any equipment in a facility other than a petroleum refinery is exempt from sec.115.132(b) of this title. (c) For Aransas, Bexar, Calhoun, Hardin, Matagorda, Montgomery, San Patricio, and Travis Counties, the following exemptions shall apply. (1) VOC water separators used exclusively in conjunction with the production of crude oil or condensate are exempt from sec.115.132(c) of this title. (2) Any single or multiple compartment VOC water separator which separates less than 200 gallons (757 liters) a day of materials containing VOC obtained from any equipment is exempt from sec.115.132(c) of this title. (3) Any single or multiple compartment VOC water separator which separates materials having a true vapor pressure of VOC less than 1.5 psia (10.3 kPa) obtained from any equipment is exempt from sec.115.132(c) of this title. sec.115.139. Counties and Compliance Schedules. All affected persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas shall be in compliance with this undesignated head (relating to Water Separation) in accordance with the following schedules. (1) All affected persons in Chambers, Collin, Denton, Fort Bend, Hardin, Liberty, Montgomery, and Waller Counties shall be in compliance with sec.115.131(a) of this title (relating to Emission Specifications), sec.115. 132(a) of this title (relating to Control Requirements), sec.115.133(a) of this title (relating to Alternate Control Requirements), sec.115.135(a) of this title (relating to Testing Requirements), sec.115.136(a) of this title (relating to Recordkeeping Requirements), and sec.115.137(a) of this title (relating to Exemptions) as soon as practicable, but no later than July 31, 1994. Sections 115.131(c) of this title, 115.132(c) of this title, 115.133(c) of this title, and 115.137(c) of this title shall no longer apply in Hardin and Montgomery Counties after July 31, 1994. (2) All persons in Brazoria, El Paso, Galveston, Harris, Jefferson, and Orange Counties affected by sec.115.131(a)(4) of this title and sec.115.137(a)(1)-(3) of this title shall be in compliance as soon as practicable, but no later than July 31, 1994. 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 18, 1992. TRD-9208608 Lane Hartsock Deputy Director, Air Quality Planning Texas Air Control Board Effective date: August 1, 1992 Proposal publication date: January 28, 1992 For further information, please call: (512) 908-1451 Subchapter C. Volatile Organic Compound Marketing Operations Loading and Unloading of Volatile Organic Compounds 31 TAC sec.sec.115.211-115.217, 115.219 The amendments are adopted under the Texas Clean Air Act (TCAA), sec.382. 017, Texas Health and Safety Code, (Vernon 1990), which provides the TACB with the authority to adopt rules consistent with the policy and purposes of the TCAA. sec.115.211. Emission Specifications. For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas as defined in sec.115.10 of this title (relating to Definitions), the following emission specifications shall apply. (1) Gasoline terminal, as defined in sec.115.10 of this title (relating to Definitions), emission limitations are as follows: (A) until January 31, 1994, in Brazoria, El Paso, Galveston, Jefferson, and Orange Counties, volatile organic compound (VOC) vapors from gasoline terminals shall be reduced to a level not to exceed 0.67 pounds of VOC from the vapor recovery system vent per 1,000 gallons (80 mg/liter) of gasoline transferred; and (B) in Dallas, Harris, and Tarrant Counties, and after January 31, 1994, in counties other than Dallas, Harris, and Tarrant, VOC vapors from gasoline terminals shall be reduced to a level not to exceed 0.33 pound of VOC from the vapor recovery system vent per 1,000 gallons (40 mg/liter) of gasoline transferred. (2) In Harris County, and after January 31, 1994, in counties other than Harris, the maximum loss of VOC due to product transfer at a gasoline bulk plant, as defined in sec.115.10 of this title, is 1.2 pounds per 1,000 gallons (140 mg/liter) of gasoline transferred. sec.115.212. Control Requirements. (a) For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas, the following control requirements shall apply. (1)-(3) (No change.) (4) In Dallas, El Paso, Harris, and Tarrant Counties, and after January 31, 1994, in counties other than Dallas, El Paso, Harris, and Tarrant, no person shall permit the transfer of gasoline from a transport vessel into a gasoline bulk plant storage tank, unless the following requirements are met: (A)-(E) (No change.) (5) In Dallas, El Paso, Harris, and Tarrant Counties, and after January 31, 1994, in counties other than Dallas, El Paso, Harris, and Tarrant, no person shall permit the transfer of gasoline from a gasoline bulk plant into a delivery tank-truck tank, unless the following requirements are met: (A)-(G) (No change.) (6) (No change.) (b) For all persons in Gregg, Nueces, and Victoria Counties, the following control requirements shall apply. (1) No person shall permit the loading or unloading of volatile organic compounds (VOC) to or from any facility other than gasoline terminals, unless the vapors are processed by a vapor recovery system as defined in sec.115.10 of this title (relating to Definitions). (2) When loading or unloading is effected through the hatches of a tank-truck or trailer or railroad tank car with a loading arm equipped with a vapor collection adapter, then pneumatic, hydraulic, or other mechanical means shall be provided to force a vapor-tight seal between the adapter and the hatch. A means shall be provided to prevent liquid drainage from the loading device when it is removed from the hatch of any tank-truck, trailer, or railroad tank car, or to accomplish complete drainage before such removal. When loading or unloading is effected through means other than hatches, all loading and vapor lines shall be: (A) equipped with fittings which make vapor-tight connections and which close automatically when disconnected; or (B) equipped to permit residual VOC in the loading line to discharge into a recovery or disposal system after loading is complete. All gauging and sampling devices shall be vapor-tight, except for necessary gauging and sampling. (3) Vapor recovery systems and loading equipment at gasoline terminals must be designed and operated to meet the following conditions: (A) gauge pressure must not exceed 18 inches of water (4.5 kPa) and vacuum must not exceed six inches of water (1.5 kPa) in the gasoline tank-truck; (B) no VOC leaks, as defined in sec.115.10 of this title, shall be allowed from any potential leak source when measured with a portable combustible gas detector; and (C) no avoidable liquid or gaseous leaks, as detected by sight, sound, or smell, shall exist during loading and unloading operations. (c) For all persons in Aransas, Bexar, Calhoun, Hardin, Matagorda, Montgomery, San Patricio, and Travis Counties, the following requirements shall apply. (1) No person shall permit the loading or unloading to or from any loading facility of VOC, unless such facility is equipped with a vapor recovery system as defined in sec.115.10 of this title. (2)-(4) (No change.) sec.115.216. Recordkeeping Requirements. For facilities in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas affected by sec.115.211 of this title (relating to Emission Specifications) and sec.115.212(a) of this title (relating to Control Requirements), the owner or operator of any volatile organic compound (VOC) loading or unloading facility shall maintain the following information at the facility for at least two years and shall make such information available upon request to representatives of the Texas Air Control Board, U.S. Environmental Protection Agency, or local air pollution control agency having jurisdiction in the area: (1)-(3) (No change.) (4) for gasoline bulk plants in Dallas, El Paso, Harris, and Tarrant Counties, and after January 31, 1994, in counties other than Dallas, El Paso, Harris, and Tarrant: (A)-(D) (No change.) sec.115.217. Exemptions. (a) For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas, the following exemptions apply. (1) (No change.) (2) Any facility, excluding gasoline bulk plants, having less than 20,000 gallons (75,708 liters) throughput of volatile organic compounds (VOC) per day (averaged over any consecutive 30-day period) is exempt from the requirements of this undesignated head (relating to Loading and Unloading of Volatile Organic Compounds). (3) Until January 31, 1994, gasoline terminals located in Harris County and having less than 500,000 gallons (1,892,706 liters) throughput per day (averaged over any consecutive 30-day period) are exempt from the requirements of sec.115.211(1)(B) of this title (relating to Emission Specifications). (4) Until January 31, 1994, gasoline terminals located in Dallas and Tarrant Counties and having less than 100,000 gallons (378,541 liters) throughput per day (averaged over any consecutive 30-day period) are exempt from the requirements of sec.115.211(1)(B) of this title. (5) (No change.) (6) Gasoline bulk plants which have a gasoline throughput less than 4, 000 gallons (15,142 liters) per day averaged over any consecutive 30-day period are exempt from the provisions of sec.115.211(2) of this title, sec.115. 212(a)(5) of this title (relating to Control Requirements), and sec.115.216(4) of this title (relating to Recordkeeping Requirements). (b) For all persons in Gregg, Nueces, and Victoria Counties, the following exemptions apply. (1) Any facility for loading or unloading of VOC with a true vapor pressure less than 1.5 psia (10.3 kPa) under actual storage conditions is exempt from the requirements of this undesignated head. (2) Any facility having less than 20,000 gallons (75,708 liters) throughput of VOC per day (averaged over any consecutive 30-day period) is exempt from the requirements of this undesignated head. (3) All loading and unloading facilities for crude oil and condensate, for ships and barges, and for liquefied petroleum gas only (regulated by the safety rules of the Liquefied Petroleum Gas Division of the Texas Railroad Commission) are exempt from the requirements of sec.115.212(b) of this title. (c) For all persons in Aransas, Bexar, Calhoun, Hardin, Matagorda, Montgomery, San Patricio, and Travis Counties, the following exemptions apply. (1)-(2) (No change.) (3) All loading or unloading facilities for crude oil or condensate, for ships and barges, and for facilities loading or unloading only liquefied petroleum gas (regulated by the safety rules of the Liquefied Petroleum Gas Division of the Texas Railroad Commission) are exempt from the provisions of sec.115.212(c) of this title. sec.115.219. Counties and Compliance Schedules. All affected persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas shall be in compliance with this undesignated head (relating to Loading and Unloading of Volatile Organic Compounds) in accordance with the following schedules. (1) All affected persons in Chambers, Collin, Denton, Fort Bend, Hardin, Liberty, Montgomery, and Waller Counties shall be in compliance with sec.115.211 of this title (relating to Emission Specifications), sec.115.212(a) of this title (relating to Control Requirements), sec.115.213(a) of this title (relating to Alternate Control Requirements), sec.115.214(a) of this title (relating to Inspection Requirements), sec.115.215(a) of this title (relating to Testing Requirements), sec.115.216 of this title (relating to Recordkeeping Requirements), and sec.115. 217(a) of this title (relating to Exemptions) as soon as practicable, but no later than January 31, 1994. Section 115.212(c) of this title, sec.115.213(c) of this title, and sec.115.217(c) of this title shall no longer apply in Hardin and Montgomery Counties after January 31, 1994. (2) All affected persons in Brazoria, El Paso, Galveston, Jefferson, and Orange Counties shall be in compliance with sec.115.211(1)(B) of this title as soon as practicable, but no later than January 31, 1994. (3) All affected persons in Brazoria, Dallas, El Paso, Galveston, Jefferson, Orange, and Tarrant Counties shall be in compliance with sec.115.211(2) of this title as soon as practicable, but no later than January 31, 1994. (4) All affected persons in Brazoria, Galveston, Jefferson, and Orange Counties shall be in compliance with sec.115.212(a)(4) and (5) of this title, sec.115.214(a)(4) of this title, and sec.115.216(4) of this title as soon as practicable, but no later than January 31, 1994. (5) All affected persons in Harris County shall be in compliance with sec.115.217(a)(3) of this title as soon as practicable, but no later than January 31, 1994. (6) All affected persons in Dallas and Tarrant Counties shall be in compliance with sec.115.217(a)(4) of this title as soon as practicable, but no later than January 31, 1994. 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 18, 1992. TRD-9208609 Lane Hartsock Deputy Director, Air Quality Planning Texas Air Control Board Effective date: August 1, 1992 Proposal publication date: January 28, 1992 For further information, please call: (512) 908-1451 Filling of Gasoline Storage Vessels (Stage I) for Motor Vehicle Fuel Dispensing Facilities 31 TAC sec.sec.115.221-115.227, 115.229 The amendments are adopted under the Texas Clean Air Act (TCAA), sec.382. 017, Texas Health and Safety Code (Vernon 1990), which provides the TACB with the authority to adopt rules consistent with the policy and purposes of the TCAA. sec.115.229. Counties and Compliance Schedules. All affected persons in Chambers, Collin, Denton, Fort Bend, Hardin, Jefferson, Liberty, Montgomery, Orange, and Waller Counties shall be in compliance with this undesignated head (relating to Stage I Filling of Gasoline Storage Vessels) as soon as practicable, but no later than January 31, 1994. 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 18, 1992. TRD-9208610 Lane Hartsock Deputy Director, Air Quality Planning Texas Air Control Board Effective date: August 1, 1992 Proposal publication date: January 28, 1992 For further information, please call: (512) 908-1451 Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks 31 TAC sec.sec.115.234-115.236, 115.239 The amendments are adopted under the Texas Clean Air Act (TCAA), sec.382. 017, Texas Health and Safety Code (Vernon 1990), which provides the TACB with the authority to adopt rules consistent with the policy and purposes of the TCAA. sec.115.239. Counties and Compliance Schedules. All affected persons in Chambers, Collin, Denton, Fort Bend, Hardin, Liberty, Montgomery, and Waller Counties shall be in compliance with sec.115.234 of this title (relating to Inspection Requirements), sec.115.235 of this title (relating to Testing Requirements), and sec.115.236 of this title (relating to Recordkeeping Requirements) as soon as practicable, but no later than January 31, 1994. 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 18, 1992. TRD-9208611 Lane Hartsock Deputy Director, Air Quality Planning Texas Air Control Board Effective date: August 1, 1992 Proposal publication date: January 28, 1992 For further information, please call: (512) 908-1451 Subchapter D. Petroleum Refining and Petrochemical Processes Process Unit Turnaround and Vacuum Producing Systems in Petroleum Refineries 31 TAC sec.sec.115.311-115.313, 115.315-115.317, 115.319 The amendments and new section are adopted under the Texas Clean Air Act (TCAA), sec.382.017, Texas Health and Safety Code (Vernon 1990), which provides the TACB with the authority to adopt rules consistent with the policy and purposes of the TCAA. 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 18, 1992. TRD-9208612 Lane Hartsock Deputy Director, Air Quality Planning Texas Air Control Board Effective date: August 1, 1992 Proposal publication date: January 28, 1992 For further information, please call: (512) 908-1451 Subchapter D. Petroleum Refining and Petrochemical Processes Fugitive Emission Control in Petroleum Refineries 31 TAC sec.sec.115.322-115.327, 115.329 The amendments are adopted under the Texas Clean Air Act, sec.382.017 (TCAA), Texas Health and Safety Code (Vernon 1990), which provides the TACB with the authority to adopt rules consistent with the policy and purposes of the TCAA. 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 18, 1992. TRD-9208613 Lane Hartsock Deputy Director, Air Quality Planning Texas Air Control Board Effective date: August 1, 1992 Proposal publication date: January 28, 1992 For further information, please call: (512) 908-1451 Fugitive Emission Control in Synthetic Organic Chemical, Polymer, Resin, Methyl Tert-Butyl Ether Manufacturing Processes 31 TAC sec.sec.115.332-115.337, 115.339 The amendments are adopted under the Texas Clean Air Act, sec.382.017 (TCAA), Texas Health and Safety Code (Vernon 1990), which provides the TACB with the authority to adopt rules consistent with the policy and purposes of the TCAA. 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 18, 1992. TRD-9208614 Lane Hartsock Deputy Director, Air Quality Planning Texas Air Control Board Effective date: August 1, 1992 Proposal publication date: January 28, 1992 For further information, please call: (512) 908-1451 Fugitive Emission Control in Natural Gas/Gasoline Processing Operations 31 TAC sec.sec.115.342-115.347, 115.349 The amendments are adopted under the Texas Clean Air Act (TCAA), sec.382. 017, Texas Health and Safety Code (Vernon 1990), which provides TACB with the authority to adopt rules consistent with the policy and purposes of the TCAA. 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 18, 1992. TRD-9208615 Lane Hartsock Deputy Director, Air Quality Planning Texas Air Control Board Effective date: August 1, 1992 Proposal publication date: January 28, 1992 For further information, please call: (512) 908-1451 Subchapter E. Solvent-Using Processes Degreasing Processes 31 TAC sec.sec.115.412, 115.413, 115.415-115.417, 115.419 The amendments are adopted under the Texas Clean Air Act (TCAA), sec.382. 017, Texas Health and Safety Code (Vernon 1990), which provides TACB with the authority to adopt rules consistent with the policy and purposes of the TCAA. 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 18, 1992. TRD-9208616 Lane Hartsock Deputy Director, Air Quality Planning Texas Air Control Board Effective date: August 1, 1992 Proposal publication date: January 28, 1992 For further information, please call: (512) 908-1451 Surface Coating Processes 31 TAC sec.sec.115.421-115.427, 115.429 The amendments are adopted under the Texas Clean Air Act (TCAA), sec.382. 017, Texas Health and Safety Code (Vernon 1990), which provides TACB with the authority to adopt rules consistent with the policy and purposes of the TCAA. 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 18, 1992. TRD-9208617 Lane Hartsock Deputy Director, Air Quality Planning Texas Air Control Board Effective date: August 1, 1992 Proposal publication date: January 28, 1992 For further information, please call: (512) 908-1451 Graphic Arts (Printing) by Rotograve and Flexographic Processes 31 TAC sec.sec.115.432, 115.433, 115.435-115.437, 115.439 The amendments are adopted under the Texas Clean Air Act, sec.382.017 (TCAA), Texas Health and Safety Code (Vernon 1990), which provides the TACB with the authority to adopt rules consistent with the policy and purposes of the TCAA. 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 18, 1992. TRD-9208618 Lane Hartsock Deputy Director, Air Quality Planning Texas Air Control Board Effective date: August 1, 1992 Proposal publication date: January 28, 1992 For further information, please call: (512) 908-1451 Subchapter F. Miscellaneous Industrial Sources Cutback Asphalt 31 TAC sec.sec.115.512, 115.513, 115.515-115.517, 115.519 The amendments are adopted under the Texas Clean Air Act (TCAA), sec.382. 017, Texas Health and Safety Code (Vernon 1990), which provides the TACB with the authority to adopt rules consistent with the policy and purposes of the TCAA. 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 18, 1992. TRD-9208619 Lane Hartsock Deputy Director, Air Quality Planning Texas Air Control Board Effective date: August 1, 1992 Proposal publication date: January 28, 1992 For further information, please call: (512) 908-1451 Pharmaceutical Manufacturing Facilities 31 TAC sec.sec.115.531-115.537, 115.539 The amendments are adopted under the Texas Clean Air Act, sec.382.017 (TCAA), Texas Health and Safety Code (Vernon 1990), which provides the TACB with the authority to adopt rules consistent with the policy and purposes of the TCAA. 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 18, 1992. TRD-9208621 Lane Hartsock Deputy Director, Air Quality Planning Texas Air Control Board Effective date: August 1, 1992 Proposal publication date: January 28, 1992 For further information, please call: (512) 908-1451 Subchapter G. Consumer Related Sources Consumer Related Solvent Products 31 TAC sec.sec.115.612, 115.613, 115.614, 115.615, 115,617, 115. 619 The new sections are adopted under the Texas Clean Air Act, sec.382.017 (TCAA), Texas Health and Safety Code (Vernon 1990), which provides the TACB with the authority to adopt rules consistent with the policy and purposes of the TCAA. 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 18, 1992. TRD-9208622 Lane Hartsock Deputy Director, Air Quality Planning Texas Air Control Board Effective date: August 1, 1992 Proposal publication date: January 28, 1992 For further information, please call: (512) 908-1451 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part II. Texas Youth Commission Chapter 85. Admission and Placement Placement Planning 37 TAC sec.85.29, sec.85.43 The Texas Youth Commission (TYC) adopts amendments to sec.85.29, and sec.85. 43, concerning program completion and movement and interstate compact for TYC Youth, without changes to the proposed text in the May 19, 1992, issue of the Texas Register (17 TexReg 3718). The amendment to sec.85.29 assures that a youth will not be released until he/she completes all of the requirements of the program. Section 85.43 assures that the receiving state will have all of the pertinent information before receiving the youth. The amendment to sec.85.29 states that when a youth is in follow-up in a high restriction program, the provision requiring that parole be earned will take precedence over the provision requiring automatic parole after six months in follow-up. The amendment to sec.85.43 adds subsections regarding emergency home evaluations and travel permits. No comments were received regarding adoption of the amendments. The amendments are adopted under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its functions. 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 22, 1992. TRD-9208662 Ron Jackson Executive Director Texas Youth Commission Effective date: July 14, 1992 Proposal publication date: May 19, 1992 For further information, please call: (512) 483-5244 Chapter 87. Treatment Other Programs 37 TAC sec.87.53 The Texas Youth Commission (TYC) adopts an amendment to sec.87.53, concerning moral values, without changes to the proposed text in the May 19, 1992, issue of the Texas Register (17 TexReg 3719). The section concerning moral values, worship, and religious education of youth committed to TYC. The amendment will bring about a more efficient treatment process. Provision is made for reasonable access to religious programs/counseling. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, sec.61.046, which provides the Texas Youth Commission with the authority to provide for the religious and spiritual training for children in its custody according to the children's individual choices. 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 22, 1992. TRD-9208661 Ron Jackson Executive Director Texas Youth Commission Effective date: July 14, 1992 Proposal publication date: May 19, 1992 For further information, please call: (512) 483-5244 Chapter 91. Discipline and Control Control 37 TAC sec.91.69 The Texas Youth Commission (TYC) adopts an amendment to sec.91.69, concerning detection, without changes to the proposed text in the May 19, 1992, issue of the Texas Register (17 TexReg 3721). The amendment will bring about more thorough and efficient detention procedures. Criteria for detention placement now includes major rule violations. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, sec.61.040, which provides the Texas Youth Commission with the authority to establish and operate places for detention. 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 22, 1992. TRD-9208660 Ron Jackson Executive Director Texas Youth Commission Effective date: July 14, 1992 Proposal publication date: May 19, 1992 For further information, please call: (512) 483-5244 Part IX. Texas Commission on Jail Standards Chapter 259. New Construction Rules Temporary Emergency Housing-Buildings 37 TAC sec.sec.259.401-259.422 The Texas Commission on Jail Standards adopts new sections 259.401-259. 422. Sections 259.401-259.403, 259.405, 259.406, 259.409, 259.410, and 259.412 are adopted with changes to the proposed text as published in the May 22, 1992, issue of the Texas Register (17 TexReg 3775). Sections 259.404, 259. 407, 259.408, 259.411, and 259.413-259.422 are adopted without changes and will not be republished. To relieve crowed conditions in county jails, the use of buildings for temporary emergency housing has been initiated. Requirements and recommendations for minimum standards relating to the construction, equipment, maintenance, and operation of those types of facilities are established. County authorities will be given viable, cost-effective, expedient alternatives to relieve over-crowding until permanent solutions can be implemented. Inmates will be provided with safe, suitable, sanitary, and secure facilities. Legal counsel suggested the wording regarding declaration of emergency by county officials be deleted because a declaration of this type could diminish the commission's descretionary authority to invoke enforcement action. The new sections are adopted under the Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails. sec.259.401. Qualifications for Use. The commission may approve the use of buildings for the temporary housing of inmates when a need is clearly identified by the sheriff and commissioners court and permanent resolution to the emergency conditions has been initiated. The county shall submit to the commission a plan indicating permanent solutions to the conditions which have been initiated and time frames by which the solutions will be fully implemented or the conditions will be remedied. sec.259.402. Time Period. Buildings shall not be used for a period of time in excess of three years without review and approval by the commission to continue their use. sec.259.403. Construction Approval. The county shall submit, for approval by the commission, drawings and specifications of the proposed building construction in sufficient detail to demonstrate that the completed building construction meets the requirements of this section. sec.259.405. Security Requirements. (a) Buildings should protect inmates from one another, protect custodial personnel from inmates, and deter or prevent escapes. Separate secure storage space shall be provided for disposition of weapons outside the entrance to the buildings. (b) A low-risk facility need not be designed and maintained as a special security unit. It does not require a security perimeter. When built in conjunction with other jail or lockup functions, the integrity of the security perimeter of the higher security facility shall not be compromised. (c) A security perimeter to restrict the movement of inmates and unauthorized persons and to prevent the introduction of contraband into the facility shall be maintained in medium-risk facilities. Safety vestibules shall be provided for each inmate living area and day room used for confinement of three or more inmates within a medium-risk facility. sec.259.406. Classification and Separation. Inmates housed in buildings shall be classified as low-risk and medium-risk in accordance with sec.271.1 of this title (relating to Classification and Separation of Inmates). (1) Low-risk facility design shall provide adequate male-female segregation in accordance with the facility classification plan and sec.271.1 of this title. Additional segregation is not required except for inmates whose classification may change due to administrative, disciplinary, or medical reasons. (2) Medium-risk facilities shall have cells and day rooms of capacities which provide adequate separation of different classifications of male and female inmates as required by the facility classification plan and sec.271.1 of this title. sec.259.409. Supervision. At least one corrections officer shall be provided in each building at all times. Guard stations shall be provided within sufficient proximity to inmate living and day room areas to respond to emergencies. They should be so arranged that visibility into the housing area is provided. Inmates shall be supervised to meet the requirements of Chapter 275 of this title (relating to Supervision of Inmates.) sec.259.410. Construction Materials and Methods. Buildings shall be designed, constructed, and maintained in a manner to provide a safe, sanitary, secure, and structurally sound environment for inmates and staff. Class A finishes are required on exterior and interior walls and ceilings. A Class B roof shall be provided. Floor drains should be provided at wet areas. Building construction shall incorporate measures which protect against the entrance and infestation of vermin. Construction materials for type of facility are as follows. (1) Inmate living areas and day rooms in low-risk facilities may be constructed of conventional construction materials. Plywood floors with a fire retardant vinyl covering may be used for the building floor. (2) Inmate living areas and day rooms in medium-risk facilities shall be constructed of metal, masonry, concrete, or other comparable materials. The purpose of a particular wall or partition and the type of security sought to be achieved should determine the selection of appropriate materials. sec.259.412. Life Safety Equipment. Self-alarming smoke detectors or smoke detectors which are part of an automatic fire detection and alarm system shall be provided for each inmate living and day room area in sufficient numbers to provide prompt warning to occupants and staff. Fire extinguishers of adequate number and type to meet NFPA 10 shall be provided at appropriate locations. Fire department connections in proximity to the building as approved in writing by local fire official shall be provided. A standpipe and hose system with a one- inch non-collapsible or 1 1/2-inch collapsible hose utilizing a four-inch domestic water system shall be provided. A manually operated or automatic smoke removal system shall be provided. (Exception: single story low-risk facility buildings which provide direct exiting to the exterior of the building from the inmate living and day room areas and whose exit doors are incapable of being locked from the inside are not required to provide a smoke system.) 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 22, 1992. TRD-9208658 Jack E. Crump Executive Director Texas Commission on Jail Standards Effective date: July 14, 1992 Proposal publication date: May 22, 1992 For further information, please call: (512) 463-5505 Temporary Emergency Housing-Tents 37 TAC sec.sec.259.501-259.524 The Texas Commission on Jail Standards adopts new sec. sec.259.501-259.524. Section 259.501 and sec.259.502 are adopted with changes to the proposed text as published in the May 22, 1992, issue of the Texas Register (17 TexReg 3775). Sections 259.503-259.524 are adopted without changes and will not be republished. To relieve crowded conditions in county jails, the use of tents for temporary emergency housing has been initiated. Requirements and recommendations for minimum standards relating to the construction, equipment, maintenance, and operation of these types of facilities are established. County authorities will be given viable, cost-effective, expedient alternatives to relieve overcrowding until permanent solutions can be implemented. Inmates will be provided with safe, suitable, and sanitary facilities. Legal counsel suggested the wording regarding declaration of emergency by county officials be deleted because a declaration of this type could diminish the commission's discretionary authority to invoke enforcement action. The new sections are adopted under the Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails. sec.259.501. Qualifications for Use. The commission may approve the use of tents for the temporary housing of inmates when a need is clearly identified by the sheriff and commissioners court and permanent resolution to conditions has been initiated. The county shall indicate permanent solutions which have been initiated and time frames by which the solutions will be fully implemented or the conditions will be remedied. sec.259.502. Time Period. Tents shall not be used for a period of time in excess of two years without review and approval by the commission to continue their use. 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 22, 1992. TRD-9208659 Jack E. Crump Executive Director Texas Commission on Jail Standards Effective date: July 14, 1992 Proposal publication date: May 22, 1992 For further information, please call: (512) 463-5505 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 29. Purchased Health Services Subchapter B. Medicaid Eyeglass Program The Texas Department of Human Services (DHS) adopts amendments to sec.29. 103 and sec.29.1111 concerning purchased health services, without changes to the proposed text as published in the May 12, 1992, issue of the Texas Register (17 TexReg 3457). Also in this issue of the Texas Register , DHS is adopting a related amendment in Chapter 33, Early and Periodic Screening, Diagnosis, and Treatment (EPSDT). The justification for the amendments is to make the sections consistent with the Texas Medicaid Reimbursement Methodology (TMRM) which was implemented April 1, 1992. The amendments delete reference to reasonable charges and provider profiles. The amendments will function by providing a clearer statement to Medicaid providers of DHS's basis for reimbursement for vision care services. No comments were received regarding adoption of the amendments. 40 TAC sec.29.103 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. 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 23, 1992. TRD-9208666 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Effective date: August 1, 1992 Proposal publication date: May 12, 1992 For further information, please call: (512) 450-3765 Subchapter G. Hospital Services 40 TAC sec.29.606 The Texas Department of Human Services (DHS) adopts an amendment to sec.29. 606, concerning hospital services, without changes to the proposed text as published in the May 22, 1992, issue of the Texas Register (17 TexReg 3778). The justification for the amendment is to specify that the cost-of-living index applied to the standard dollar amounts will not be less than the Health Care Financing Administration's (HCFA) Market Basket Forecast, also known as the PPS Input Price Index, based on the report issued for the federal fiscal year quarter ending in March of each year. DHS adjusts the HCFA Market Basket Forecast to the state fiscal year. The amendment will function by ensuring continued availability of Medicaid benefits to needy individuals as a result of appropriate reimbursement to providers. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 24, 1992. TRD-9208717 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Effective date: August 1, 1992 Proposal publication date: May 22, 1992 For further information, please call: (512) 450-3765 40 TAC sec.29.609 The Texas Department of Human Services (DHS) adopts an amendment to sec.29. 609, concerning hospital services, without changes to the proposed text as published in the May 12, 1992, issue of the Texas Register (17 TexReg 3458). The justification for the amendment is to comply with and augment reporting requirements for disproportionate share hospitals, in compliance with provisions of Senate Bill 82 passed by the 72nd Texas Legislature. The amendment will function by providing for a better understanding of how hospitals in Texas use the Medicaid disproportionate share funds they receive. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 23, 1992. TRD-9208668 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Effective date: August 1, 1992 Proposal publication date: May 12, 1992 For further information, please call: (512) 450-3765 Subchapter G. Hospital Services 40 TAC sec.29.609 The Texas Department of Human Services (DHS) adopts an amendment to sec.29. 609, concerning hospital services, without changes to the proposed text as published in the May 22, 1992, issue of the Texas Register (17 TexReg 3779). The justification for the amendment is to specify that hospitals that do not qualify for disproportionate share payments or that believe the amount of payment is incorrect may request and receive a review by the department. This process will apply to the department's third and fourth disproportionate share programs. Hospitals that request a review will be notified at the time of the first monthly payment of the results of the review. The amendment will function by ensuring continued access to medical care through appropriate reimbursement to disproportionate share hospitals. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 23, 1992. TRD-9208671 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Effective date: August 1, 1992 Proposal publication date: May 22, 1992 For further information, please call: (512) 450-3765 Subchapter UUUU. Support Documents 40 TAC sec.29.9801 The Texas Department of Human Services (DHS) adopts the repeal of sec.29. 9801, concerning support documents, without changes to the proposed text as published in the May 12, 1992, issue of the Texas Register (17 TexReg 3458). The justification for the repeal is to delete this obsolete section. This action is necessary because DHS no longer uses a separate agreement for eyeglass suppliers. The repeal will function by eliminating the obsolete section from DHS's Purchased Health Services chapter. No comments were received regarding adoption of the repeal. The repeal is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. 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 23, 1992. TRD-9208669 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Effective date: August 1, 1992 Proposal publication date: May 12, 1992 For further information, please call: (512) 450-3765 Subchapter L. General Administration 40 TAC sec.29.1111 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. 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 23, 1992. TRD-9208667 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Effective date: August 1, 1992 Proposal publication date: May 12, 1992 For further information, please call: (512) 450-3765 Chapter 33. Early and Periodic Screening, Diagnosis, and Treatment Subchapter T. EPSDT Eyeglass Program 40 TAC sec.33.404 The Texas Department of Human Services (DHS) adopts an amendment to sec.33. 404, concerning reimbursement, without changes to the proposed text as published in the May 12, 1992, issue of the Texas Register (17 TexReg 3459). Also in this issue of the Texas Register, DHS is adopting related amendments in Chapter 29, Purchased Health Services. The justification for the amendment is to make the section consistent with the Texas Medicaid Reimbursement Methodology (TMRM) which was implemented April 1, 1992. The amendment deletes reference to reasonable charges and provider profiles. The amendment will function by providing a clearer statement to Medicaid providers of DHS's basis for reimbursement for vision care services. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 23, 1992. TRD-9208670 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Effective date: August 1, 1992 Proposal publication date: May 12, 1992 For further information, please call: (512) 450-3765