ADOPTED RULES 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 16. ECONOMIC REGULATIONS Part I. Railroad Commission of Texas Chapter 1. Practice and Procedure Subchapter B. Pleadings 16 TAC sec.1.27 The Railroad Commission of Texas adopts an amendment to sec.1.27, relating to motions, and new sec.1.30, relating to interim rulings and appeals of interim rulings. New sec.1.30 is adopted with changes to the proposed text as published in the October 29, 1993, issue of the Texas Register (18 TexReg 7511). The amendment to sec.1.27 is adopted without changes to the proposed text as published in the October 29, 1993, issue of the Texas Register (18 TexReg 7511), and will not be republished. The amendment to sec.1.27 deletes the last two sentences in sec.1.27(b), relating to appeals of staff rulings; all procedural information about appeals of interim rulings is now in one rule, new sec.1.30. The new rule describes the procedures for filing interim appeals from interim rulings in commission proceedings, the procedure by which an appeal is scheduled for commission consideration, and the status of an appeal in the absence of a written commission order ruling on it. Two separate timetables are prescribed in new sec.1.30. For gas utility rate cases, parties must file an appeal within five days of the examiner's ruling; replies must be filed within ten days of the date of the examiner's ruling; and if, within 20 days of the date of the examiner's ruling, there is no signed written order of the commission ruling on the appeal, then on the 21st day after the examiner's ruling, the appeal is deemed denied and any granted stay is lifted. Because of the statutory deadlines in gas utility rate cases, the deadlines for filing an appeal and any replies to the appeal are very short, but are extended for Saturdays, Sundays, or holidays. In all proceedings other than gas utility rate cases with statutory deadlines, parties must file an appeal within ten days of an interim ruling; replies must be filed within ten days of the date the appeal is filed; and if, within 45 days of the date the appeal was filed, there is no signed written order of the commission ruling on the appeal, then on the 46th day after the appeal is filed, the appeal is deemed denied and any granted stay is lifted. No groups or associations filed comments regarding the proposed amendment and new rule. Approximately six weeks after the close of the comment period, three individuals filed written comments opposing new sec.1.30. Despite their late filing, the commission fully considered their comments, as more fully set forth in the following paragraphs. All comments opposed the five-day time period for filing an appeal in proposed new sec.1.30(c)(1) as being too short and therefore inadequate to prepare appeal pleadings that fully address the merits of the appeal or do justice to complex issues, particularly when combined with the provision which would not extend the times for Saturdays, Sundays, and holidays. One comment observed that under certain circumstances, a party could have zero days to appeal an adverse examiner's ruling. The commission agrees that the five-day time period combined with the provision which does not extend the times for Saturdays, Sundays, and holidays could unduly compress the time for filing an appeal, and has therefore removed the language in proposed new sec.1.30(c)(1) which prevented the filing times from being extended for Saturdays, Sundays, and holidays. The commission disagrees, however, with comments which suggest longer times for filing pleadings in appeals of interim orders in cases with statutory deadlines because those deadlines are inflexible, and has added language requiring the appealing party to effect in-hand service of the appeal on all other parties on the same day the appeal is filed at the commission. Regarding the provision in new sec.1.30(c)(1) that an appeal is deemed denied unless acted upon within 20 days, one comment observed that the 20-day period could expire before the commission has had a chance to meet, thus depriving it of the opportunity to deliberate and vote. This comment also questioned the manner in which a commissioner requests that an appeal be added to an open meeting conference agenda, pointing out that, depending on the content, such a request could be prohibited ex parte communication. Further, this comment stated that particularly when an appeal involves a claim of privilege, a written indication should be placed in the record that the appeal was denied by the commission and the date on which the denial is deemed to have occurred. The commission's response to this comment is multi-fold. First, the commission is not required to consider all appeals of interim orders which may be filed, and must retain the discretion to decide which appeals merit commission consideration. Second, a commissioner's request that a particular item be placed on an open meeting conference agenda, without more, is not a prohibited ex parte communication. Third, not all ex parte communications regarding a contested case are prohibited. Finally, without agreeing that prohibited ex parte communications already have occurred or would ever occur, the commission has added language in new sec.1.30(d) clarifying two things: first, that upon receipt of an appeal in a contested case-not just those filed in proceedings brought or conducted under Texas Civil Statutes, Article 6053, sec.1(b) or Article 1446e, sec.sec.3.05, 5.02(c) or 5.08-the examiner will schedule the appeal for consideration by the commission at an open meeting conference and give proper notice; and second, that at its discretion and upon the request of any one commissioner, the commission may consider an appeal on or after the day following the day the response to the appeal is due. This will enable the commission, if it desires, to consider the appeal for any purpose. However, if the commission does not sign a written order ruling on the appeal within the time periods specified in sec.1.30(c)(1) or (2), then the appeal is deemed denied and any granted stay is lifted. One comment stated that the "deemed denied" provisions of proposed new sec.1. 30 are inappropriate when an appeal is taken from a discovery order invading the various recognized privileges. The commission disagrees with this comment because, as stated previously, the commission simply is not required to consider every appeal of an interim ruling, and must retain the discretion to decide which appeals are worthy of commission consideration. For example, if the appeal is frivolous or made only for purposes of delaying the proceedings or if the examiner has ruled correctly, there is no purpose served by having the commission consider and deny appeals from such orders. Such a procedure would not be a wise use of the commission's time, and would be inefficient. Further, the "deemed denied" provisions give the parties and the examiner some certainty in contested case proceedings. The commission always has discretion to consider an appeal, but it also retains the right to consider and decide at a later time any issue raised in an appeal that has been denied by operation of law. If a party files an appeal of an interim ruling, under the current practice, there is no deadline by which the commission must decide whether to hear the appeal. Should each commissioner individually decide that the appeal should not be heard (for whatever reason), it is not placed on an open meeting conference agenda. However, the only information which the parties and the examiner have is that no commissioner has requested that the appeal be placed on an open meeting conference agenda for consideration. The appeal issue is carried with the merits of the case and is decided when the examiner presents the case for final decision. When the appeal issue is the jurisdiction of the commission, however, it may be very difficult for the examiner to move the proceedings toward a hearing on the merits without some procedural finality on that fundamental, threshold legal issue. Under new sec.1. 30, the absence of a commission order ruling on an appeal is deemed to be a denial, so that there is constructively a decision on the jurisdiction issue for purposes of determining that the case should go forward, but the commission may, in its discretion, consider that question with the merits of the case. Specific language to that effect has been added to the text of the adopted rule to clarify the commission's practice. Another comment suggested the need to reconcile the provisions of sec.1.30 with other commission general rules of practice and procedure relating to certain types of rulings and the persons authorized to make those rulings, specifically sec.sec.1.27(b), 1.85(d) and 1.121(d). The comment pointed out that sec.1.27(b) refers to motions filed prior to the presentation of a contested case to the commission, and provides that such motions are to be ruled on by the appropriate director or the examiner. In sec.1.85, the legal division director or examiner may issue a commission to take a deposition; the examiner may issue protective orders and orders compelling discovery responses; and orders imposing sanctions may be issued by the commission, the legal division director, or the examiner. Finally, sec.1.121 refers to both the presiding examiner and the examiner. The comment states that proposed new sec.1.30 appears to refer only to an examiner's ruling; that this is particularly suggested in sec.1.30(c)(1) although certainly implied in sec.1.30(c)(2). The commission's response is that new sec.1.30 is intended to apply to interim rulings on motions filed prior to the presentation of a contested case to the commission, whether those rulings are made by an examiner, a legal division assistant director, or the legal division director, and to apply to discovery orders issued pursuant to sec.1.85. The commission has added the necessary clarifying language in sec.1.30(a). Another comment concerned the interaction of new sec.1.30 with sec.1.126, and recommended that the six enumerated items in sec.1.126 be made specifically subject to interlocutory appeal, and that an examiner assigned to hear a case be empowered to act on a motion addressed to any of the six listed categories of dispositive motions. The commission's response is first, that sec.1.126 cannot be amended in this rulemaking proceeding because it was not noticed for amendment in the proposal, and second, that because a ruling on a motion falling within one of the six categories listed in sec.1.126 in fact disposes of a contested case without a hearing, those motions are inappropriate for an examiner to rule on. The current practice is for the legal division director to rule on motions to dismiss contested cases based on withdrawal of a petition (pursuant to sec.1.126(3)), and for the examiner to prepare a proposal for decision recommending grant or denial of a motion to dismiss a contested case for any of the five remaining reasons and submit it to the commission for final determination. A further comment suggested making new sec.1.30 applicable to rulings made during hearings. The commission's response is that by its terms new sec.1.30 is applicable to rulings, other than evidentiary rulings, made during a hearing. Evidentiary rulings are carried with the merits of the case, and claimed error must be properly preserved. Finally, one comment noted that whatever statutory time constraints may (or may not) apply in the context of certain gas utility cases arising under Texas Civil Statutes, Article 1446e, sec. sec.3.05 or 5.08, it was difficult to understand the need for shorter appeal times for gas utility matters arising under Texas Civil Statutes, Article 6053, sec.1(b) or Article 1446e, sec.5.02(c). The commission's response is that the 185-day statutory time period for the commission to consider gas utility matters arising under Texas Civil Statutes, Article 1446e, sec.sec.3.05 and 5.08 is not discretionary; further, Texas Civil Statutes, Article 6053, sec.1(b) and Article 1446e, sec.5.02(c) establish 210- day statutory time periods for the commission to consider certain gas utility ratesetting matters. Because there is no mechanism for extending the finite time periods for completing cases brought under these statutory provisions, the commission simply does not have the luxury of allowing extensive time to consider appeals in these cases. As previously mentioned, however, the commission has given some additional time in the filing deadlines by removing the language in proposed new sec.1.30(c)(1) which would have prevented the filing times from being extended for Saturdays, Sundays, and holidays. The commission made one change to make the mechanics of sec.1.30(c)(1) and (2) consistent. The change provides that if there is no signed written order of the commission ruling on an appeal within the time periods specified in either sec.1.30(c)(1) or (2), then the appeal is deemed denied and any granted stay is lifted. The proposed rule had provided that if there were no commission order granting an appeal in whole or in part within the time periods specified in either sec.1.30(c)(1) or (2), then the appeal was deemed denied and any granted stay lifted. The commission added language to sec.1.30(c) (1) to clarify that if within 20 days of the date of the interim ruling, there is no signed written order of the commission ruling on the appeal, then on the 21st day after the interim ruling, the appeal is deemed denied and any granted stay is lifted. The only other change made was to reformat new sec.1.30(d). The amendment is adopted under Texas Government Code, sec.2001.004, which requires the commission to adopt rules of practice stating the nature and requirements of all available formal and informal procedures. 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 April 18, 1994. TRD-9439434 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: May 11, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-7008 16 TAC sec.1.30 The new section is adopted under Texas Government Code, sec.2001.004, which requires the commission to adopt rules of practice stating the nature and requirements of all available formal and informal procedures. sec.1.30. Interim Rulings and Appeals of Interim Rulings. (a) Relief through interim ruling. Prior to presentation of a contested case to the commission, a party may seek, through an examiner, legal division assistant director, or legal division director, as appropriate, relief through interim ruling, but that ruling shall not be considered of the same nature as a final decision. An interim ruling shall not be subject to exceptions or motions for rehearing. For purposes of this section, the term interim ruling includes orders issued pursuant to sec.1.85 of this title (relating to Discovery Orders). (b) Evidentiary rulings. An evidentiary ruling by an examiner is not an interim ruling and is not appealable to the commission pending the issuance by the examiner of a proposal for decision. (c) Appeal of interim ruling. (1) In all proceedings brought or conducted under Texas Civil Statutes, Article 6053, sec.1(b) or Article 1446e, sec.sec.3.05, 5.02(c) or 5.08, any party aggrieved by an interim ruling may appeal that ruling to the commission by filing a written appeal within five days of the date the interim ruling is signed or stated in the record; such appeal may seek a stay of the interim ruling. The appealing party shall make in-hand service of the appeal on all other parties on the same day the appeal is filed at the commission. Pending action on the appeal of the interim ruling, the Director of the Legal Division may grant a stay of the interim ruling. Any response to an appeal must be filed within ten days of the date the interim ruling is signed or stated in the record. If, by the 20th day after the date the interim ruling is signed or stated in the record, the commission has not signed a written order ruling on the appeal, then on the 21st day after the date the interim ruling is signed or stated in the record, the appeal is deemed denied and any granted stay is lifted. (2) In all proceedings other than those brought or conducted under Texas Civil Statutes, Article 6053, sec.1(b) or Article 1446e, sec.sec.3.05, 5.02(c) or 5.08, any party aggrieved by an interim ruling may appeal that ruling to the commission by filing a written appeal within ten days of the date the interim ruling is signed or stated in the record; such appeal may seek a stay of the interim ruling. Any response to an appeal must be filed within ten days of the date the appeal is filed. Pending action on the appeal of the interim ruling, the director of the Legal Division may grant a stay of the interim ruling. If, by the 46th day after the date the appeal was filed the commission has not signed a written order ruling on the appeal, then the appeal is deemed denied and any granted stay is lifted. (d) Procedure on appeal. The commission may, in its discretion, consider and rule on an appeal on or after the day following the day the response to the appeal is due. A commission order on an appeal from an interim ruling shall not be subject to motions for rehearing pending issuance of the Proposal for Decision and signing of the commission's Order. Any issue in an appeal that has been deemed denied by operation of law may be raised again in exceptions to the proposal for decision. Appeals and replies to appeals shall be filed as all other pleadings in proceedings, with the examiner through Docket Services-Legal Division. When an appeal is filed, the examiner shall: (1) upon the request of any one commissioner, immediately schedule the appeal for consideration by the commission at an open meeting, and shall cause proper notice to be given; (2) forward to each commissioner a copy of the appeal along with a cover memorandum which shall show the date the appeal was filed; the date replies are due; and the date on which the appeal will be deemed denied if no commission action is taken; and (3) forward to each commissioner a copy of all replies to appeals of interim rulings which may be filed, and of any stay of the interim ruling granted by the director of the Legal Division. 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 April 18, 1994. TRD-9439483 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: May 11, 1994 Proposal publication date: October 29, 1993 For further information, please call: (512) 463-7008 Chapter 7. Gas Utilities Division Substantive Rules 16 TAC sec.7.42 The Railroad Commission of Texas adopts an amendment to sec.7.42 relating to gas utility tax, without changes to the proposed text as published in the January 18, 1994, issue of the Texas Register (19 TexReg 317). The commission adopts the amendment to conform the rule to statutory changes to Texas Civil Statutes, Article 6060, adopted during the 1993 regular legislative session and the 1991 first called session. The amendment also corrects nomenclature in the rule. The amendment makes the interest rate 12% per annum, simple interest, for delinquencies occurring on or after January 1, 1994; the interest rate on delinquent taxes pending during the period from September 1, 1991, to December 31, 1993, 12% per annum, compounded monthly; and the interest rate on delinquent taxes pending during the period prior to September 1, 1991, 10% per annum, simple interest. In addition, the amendment changes a reference to "section (b) of this rule" to "subsection (b) of this section." No comments on the proposal were received. The amendment is adopted under Texas Civil Statutes, Article 6060, which authorize the commission to adopt rules necessary to administer Article 6060 and to collect and enforce the taxes specified therein. 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 April 18, 1994. TRD-9439443 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: May 10, 1994 Proposal publication date: January 18, 1994 For further information, please call: (512) 463-7022 Chapter 9. Liquefied Petroleum Gas Division Subchapter A. General Applicability and Requirements 16 TAC sec.sec.9.3, 9.4, 9.15 The Railroad Commission of Texas adopts amendments to sec. sec.9.3, 9.4, and 9.15, relating to LP-gas report forms, categories of licensees, and registration of LP-gas transport, without changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7339). The commission adopts the amendments to implement provisions of House Bill 2007, 73rd Legislature, 1993, which clarify and expand certain sections of the Texas Natural Resources Code relating to the regulation of the LP-gas industry. Amended sec.9.3 adds a new form, LPG Form 995, Certification of Political Subdivision of Self-Insurance for General Liability, Workers' Compensation, and/or Motor Vehicle Liability Insurance, to implement the statutory change allowing a state agency or institution, county, municipality, school district, or other governmental subdivision to substitute self-insurance for required coverage relating to general liability, workers' compensation, and/or motor vehicle liability insurance; and changes the titles of existing LPG Forms 996A and 996B to add the phrase "or Alternative Accident/Health Insurance" to implement the statutory change allowing accident/health insurance policies to be substituted for workers' compensation coverage. Amended sec.9.4 adds subsection (b) to clarify that original manufacturers of new motor vehicles powered by LP-gas or subcontractors of those manufacturers are exempt from the LP-gas licensing requirements, but that they must comply in all other respects with the LP-Gas Safety Rules. The description of Category O licensees, testing laboratories, is amended to add the testing of LP-gas motor or mobile fuel systems, transfer systems, and transport systems. The testing may include reconnecting and repair. Section 9.15 is amended by adding language to clarify that vehicles subject to registration requirements include bobtail trucks, semitrailers, other motor vehicles equipped with LP-gas cargo tanks, trailers, or other motor vehicles used principally for transporting LP-gas in portable containers. Finally, a chart is added to make it easier to determine what requirements apply to registrants; the chart reflects the addition of a $50 transfer fee, authorized by House Bill 2007. The amendments are adopted under the Texas Natural Resources Code, sec.113. 051 (Vernon Supplement 1992), which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. The amendments implement the Texas Natural Resources Code, sec.sec.113. 081, 113.082, 113.097, and 113.131, as amended by House Bill 2007, 73rd Legislature, 1993. 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 April 11, 1994. TRD-9439442 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 Subchapter B. Basic Rules The Railroad Commission of Texas adopts the repeal of sec. sec.9.31, 9.32, 9.34-9.37, 9.39-9.54, 9.56-9.62, 9.66, 9.69, and 9.70, concerning odorizing gases; report of odorization; examination of containers; sale of unassembled containers; appurtenances and equipment; requirements for construction of containers; field welding; manufacturer's nameplate and markings on ASME containers; retroactivity; safety relief valves; setting of relief valves; construction and marking of safety relief valves; adjustment and repair of relief valves; installation of pressure relief valves; filling density; transfer of liquid; venting gas or liquid prohibited; minimum design working pressure; maximum vapor pressure and container working pressure; employee instructions and consumer instructions; proper purging of LP-gas containers or cylinders; hose specifications; sales to unlicensed individuals; connecting container to unapproved piping; filling unapproved containers prohibited; filling unsafe containers; purchase of non-approved containers; report of LP-gas incident/accident; removal from LP-gas service; maximum capacity of LP-gas storage containers; grounding and electrical fields, and maintenance, and new sec.sec.9.151, 9.152, 9.154-9.157, 9.159-9.174, 9.176-9.182, 9.186, 9.189, and 9.190, concerning the same subject matter, without changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7345). The commission adopts the repeals and new rules simultaneously to renumber the rules to allow for future expansion, and to clarify certain rules to provide consistency and continuity. The commission received no comments on the proposed repeals or the proposed new rules. The repeals are adopted under the Texas Natural Resources Code, sec.113. 051, which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 16 TAC sec.sec.9.31, 9.32, 9.34-9.37, 9.39-9.54, 9.56-9.62, 9.66, 9.69, 9.70 The repeals implement the Texas Natural Resources Code, sec.113.051, which requires the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439443 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 16 TAC sec.sec.9.151, 9.152, 9.154-9.157 The new sections are adopted under the Texas Natural Resources Code, sec.113.051, which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. The new sections implement the Texas Natural Resources Code, sec.113.051, which requires the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439484 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 16 TAC sec.sec.9.63-9.65, 9.67, 9.68 The Railroad Commission of Texas adopts the repeal of sec. sec.9.63-9.65, 9. 67, and 9.68 relating to uniform protection standards, uniform safety requirements, LP-gas storage distance requirements, LP-gas storage protection, and approved gauging devices, without changes to the proposed text as published in the October 19, 1993, issue of the Texas Register (18 TexReg 7229). The commission adopts the repeal of sec.9.63 because the language in this section is included in both new sec.9.183, relating to uniform protection standards, and sec.9.654, relating to protection of valves and accessories. The repeal of sec.9.64 is adopted because the language in this section is included in both new sec.9.184, relating to uniform safety requirements, and new sec.9. 654, relating to protection of valves and accessories. The commission adopts the repeal of sec.9.65 because the language in this section is included in new sec.9.185, relating to LP-gas storage or installation distance requirements. The repeal of sec.9.67 is adopted because the language in this section is included in new sec.9.187, relating to LP-gas storage protection. The commission adopts the repeal of sec.9.68 because the language in this section is contained in new sec.9.188, relating to approved gauging devices. The repeals are adopted to reorganize and renumber existing rules which will permit incorporation of new provisions concerning public refueling and use of polyethylene pipe. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Natural Resources Code, sec.113.051, which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. The repeals implement the Texas Natural Resources Code, sec.113.051, which requires the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439444 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 19, 1993 For further information, please call: (512) 463-6949 The Railroad Commission of Texas adopts the repeal of sec. sec.9.72-9.74 and 9.76-9.79, concerning markings on containers, requalification requirement, installation of containers, container valves and accessories, filling of Department of Transportation containers, repair of containers, and examination of containers, and new sec.sec.9.302-9.304 and 9.306-9.309, concerning the same subject matter, without changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7353). The commission adopts the repeals and new rules simultaneously to renumber the rules to allow for future expansion, and to clarify certain rules to provide consistency and continuity. No groups or associations made comments on the proposed repeals or the proposed new rules. One individual made comments regarding two proposed new rules. The first comment recommended deleting sec.9.303(e) entirely because the requirement for examination of containers at the time of refilling is covered in proposed new sec.9.309, relating to examination of containers. The commission disagrees with this recommendation and declines to make the suggested change because this proposal was for renumbering only; no substantive changes were noticed. The second comment suggested adding paragraph (3) to sec.9.309(c), to read as follows: "(3) Where a container is rejected under this section, but a licensee is not the owner, the container maybe returned to its owner with a tag of suitable indication of its rejection for service." Again, the commission disagrees with the comment and declines to make the suggested change because this proposal was for renumbering only; no substantive changes were noticed. The repeals are adopted under the Texas Natural Resources Code, sec.113. 051, which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. Subchapter C. Division I 16 TAC sec.sec.9.72-9.74, 9.76-9.79 The repeals implement the Texas Natural Resources Code, sec.113.051, which requires the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439445 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 The new sections are adopted under Texas Natural Resources Code, sec.113.051, which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 16 TAC sec.sec.9.302-9.304, 9.306-9.309 The new sections implement Texas Natural Resources Code, sec.113.051, which requires the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439485 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 16 TAC sec.9.80 The Railroad Commission of Texas adopts the repeal of sec.9.80, relating to use of containers in buildings, without changes to the proposed text as published in the October 19, 1993, issue of the Texas Register (18 TexReg 7230). The commission adopts the repeal because the language in this section has been included in new sec.9.185, relating to LP-gas storage or installation distance requirements. The repeal is adopted to reorganize and renumber existing rules which will permit incorporation of new provisions concerning public refueling and use of polyethylene pipe. No comments were received regarding adoption of the repeal. The repeal is adopted under the Texas Natural Resources Code, sec.113.051, which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. The repeal implements the Texas Natural Resources Code, sec.113.051, which requires the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439446 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 19, 1993 For further information, please call: (512) 463-6949 Subchapter D. Division II The Railroad Commission of Texas adopts the repeal of sec. sec.9.91, 9.93, 9. 96, 9.97, 9.102-9.104, 9.107, 9.109, and 9.110, concerning container valves and accessories, relief valves on underground containers, regulator relief valves, protection against flooding, containers installed underground, reinstallation of underground containers, skid tanks, protection of tank and accessories, venting regulators, and draining condensate, and new sec. sec.9.451, 9. 453, 9.456, 9.457, 9.462-9.464, 9.467, 9.469, and 9.470, concerning the same subject matter, without changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7357). The commission adopts the repeals and new rules simultaneously to renumber the rules to allow for future expansion, and to clarify certain rules to provide consistency and continuity. No groups or associations made comments on the proposed repeals or the proposed new rules. One individual made a comment regarding proposed new sec.9.469, suggesting that the phrase "regulator relief valve" in the last sentence be changed to "regulator vent." The commission disagrees with this recommendation and declines to make the suggested change because this proposal was for renumbering only; no substantive changes were noticed. The repeals are adopted under Texas Natural Resources Code, sec.113.051, which authorizes the commission to promulgate rules and standards related to the LP- gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 16 TAC sec.sec.9.91, 9.93, 9.96, 9.97, 9.102-9.104, 9.107, 9.109, 9.110 The repeals implement Texas Natural Resources Code, sec.113.051, which requires the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439447 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 The new sections are adopted under the Texas Natural Resources Code, sec.113.051, which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 16 TAC sec.sec.9.451, 9.453, 9.456, 9.457, 9.462-9.464, 9.467, 9. 469, 9.470 The new sections implement the Texas Natural Resources Code, sec.113.051, which requires the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439486 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 16 TAC sec.sec.9.101, 9.106, 9.112 The Railroad Commission of Texas adopts the repeal of sec. sec.9.101, 9.106, and 9.112, relating to containers installed aboveground; painting; and mounting of containers, without changes to the proposed text as published in the October 19, 1993, issue of the Texas Register (18 TexReg 7230). The commission adopts the repeal of sec.sec.9.101, 9.106, and 9.112 because the language in these sections has been included in new sec.9.184, relating to uniform safety requirements. The repeals are adopted to reorganize and renumber existing rules which will permit incorporation of new provisions concerning public refueling and use of polyethylene pipe. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Natural Resources Code, sec.113.051, which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. The repeals implement the Texas Natural Resources Code, sec.113.051, which requires the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439448 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 19, 1993 For further information, please call: (512) 463-6949 Subchapter E. Division III 16 TAC sec.sec.9.122, 9.124, 9.125, 9.129, 9.133, 9.135 The Railroad Commission of Texas adopts the repeal of sec. sec.9.122, 9.124, 9.125, 9.129, 9.133, and 9.135, relating to installation of containers; painting; lettering; container valves and pressure gauges; loading area; and bulkheads and emergency shutoff valves, without changes to the proposed text as published in the October 19, 1993, issue of the Texas Register (18 TexReg 7231). The commission adopts the repeal of sec.sec.9.122, 9.124, 9.125, and 9.133 because the language in these sections has been included in new sec.9.184, relating to uniform safety requirements. The repeal of sec.9.129 is adopted because the language in this section has been included in new sec.9.188, relating to approved gauging devices. The commission adopts the repeal of sec.9. 135 because the language in this section has been included in new sec.9.187, relating to LP-gas storage protection. The repeals are adopted to reorganize and renumber existing rules which will permit incorporation of new provisions concerning public refueling and use of polyethylene pipe. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Natural Resources Code, sec.113.051, which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. The repeals implement the Texas Natural Resources Code, sec.113.051, which requires the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439449 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 19, 1993 For further information, please call: (512) 463-6949 Subchapter F. Division IV 16 TAC sec.sec.9.139, 9.143, 9.145-9.155, 9.157-9.170 The Railroad Commission of Texas adopts the repeal of sec. sec.9.139, 9.143, 9. 145-9.155, and 9.157-9.170, concerning applicability of Subchapter F; labels; pressure gauge; piping and fittings; transfer of liquids; manifest; mounting of transfer equipment; securing of portable containers; mounting containers; electrical equipment and lighting; liquid level gauging devices; truck containers and semi-trailer containers; baffles; testing requirements; exhaust system; extinquishers required; maintenance of equipment; protection against contamination; lighted materials prohibited; protection against collisions; parking of liquefied petroleum gas transports; filling containers on highways, roads, streets, or alleys; issuance of LPG Form 4 decal; painting; lettering; delivery of inspection report to licensee; and inspection of cargo containers, without changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7345), and adopts new sec.sec.9.651, 9.655, 9.657-9.667, and 9.669-9.682, concerning the same subject matter, without changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7360). The commission adopts the repeals and new rules simultaneously to renumber the rules to allow for future expansion, and to clarify certain rules to provide consistency and continuity. No groups or associations made comments on the adoption of the repeals or new rules. One individual made a comment regarding proposed new sec.9.663(b), proposing deletion of U-bolts as prohibited mounting bolts on the basis that if hardened U-bolts are used to attach spring sets to the axles, they should be adequate for mounting containers on a frame. The commission disagrees with this recommendation and declines to make the suggested change because this proposal was for renumbering only; no substantive changes were noticed. The repeals are adopted under Texas Natural Resources Code, sec.113.051, which authorizes the commission to promulgate rules and standards related to the LP- gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439450 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: May 11, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 16 TAC sec.sec.9.651, 9.655, 9.657-9.667, 9.669-9.682 The new sections are adopted under Texas Natural Resources Code, sec.113. 051, which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439487 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: May 11, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 16 TAC sec.9.141, sec.9.142 The Railroad Commission of Texas adopts the repeal of sec.9.141 and sec.9. 142, relating to protection of safety relief valves and protection of valves and accessories, without changes to the proposed text as published in the October 19, 1993, issue of the Texas Register (18 TexReg 7231). The commission adopts the repeal of sec.9.141 because the language in this section is included in new sec.9.653, relating to protection of safety relief valves. The repeal of sec.9.142 is adopted because the language in this section is included in new sec.9.654, relating to protection of valves and accessories. The repeals are adopted to reorganize and renumber existing rules which will permit incorporation of new provisions concerning public refueling and use of polyethylene pipe. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Natural Resources Code, sec.113.051, which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. The repeals implement the Texas Natural Resources Code, sec.113.051, which requires the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439451 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 19, 1993 For further information, please call: (512) 463-6949 Subchapter G. Division V The Railroad Commission of Texas adopts the repeal of sec. sec.9.172-9.189, concerning containers; safety relief valves; protection of valves and fittings; container appurtenances; vapor and liquid service valves; gauging devices; carburetion equipment; motor fuel vaporizers; regulators; automatic shut-off devices; fuel filters; hose specifications, hose connections and flexible connectors; installation of containers and container appurtenances; interior container installation; pipe and hose installation; school bus, mass transit, and special transit vehicle installations; use of extra liquid outlet on motor fuel containers; and auxiliary engines-general provisions for vehicle mounting, and new sec.sec.9.752-9.769, concerning the same subject matter, without changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7361). The commission adopts the repeals and new rules simultaneously to renumber the rules to allow for future expansion, and to clarify certain rules to provide consistency and continuity. No groups or associations made comments on the proposed repeals or the proposed new rules. One comment suggested deleting sec.9.764(c); relettering subsequent subsections (d) and (e) as (c) and (d), respectively; and adding the following language to subsection (b): "No part of the container or its appurtenance shall extend above the highest elevation of the vehicle, proper." The reason for this suggested change is that the location for containers is addressed fully in sec.9.764(a) and (b), and that the added language would simplify and convey the intent of all three paragraphs. The commission disagrees and declines to make the suggested change because this proposal was for renumbering only; no substantive changes were noticed. In addition, these requirements are the same as National Fire Prevention Association (NFPA) Pamphlet 58 standards. The repeals are adopted under Texas Natural Resources Code, sec.113.051, which authorizes the commission to promulgate rules and standards related to the LP- gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 16 TAC sec.sec.9.172-9.189 The repeals implement Texas Natural Resources Code, sec.113.051, which requires the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439452 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 16 TAC sec.sec.9.752-9.769 The new sections are adopted under Texas Natural Resources Code, sec.113. 051, which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439488 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 16 TAC sec.9.190, sec.9.191 The Railroad Commission of Texas adopts the repeal of sec.9.190 and sec.9. 191, relating to filling of motor fuel and mobile fuel containers and identification labels, without changes to the proposed text as published in the October 19, 1993, issue of the Texas Register (18 TexReg 7248). The commission adopts the repeal of sec.9.190 because the language in this section has been included in new sec.9.184, relating to uniform safety requirements. The repeal of sec.9.191 is adopted because the language in this section has been included in new sec.9.771, relating to identification labels. The repeals are adopted to reorganize and renumber existing rules which will permit incorporation of new provisions concerning public refueling and use of polyethylene pipe. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Natural Resources Code, sec.113.051, which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. The repeals implement the Texas Natural Resources Code, sec.113.051, which requires the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439453 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 19, 1993 For further information, please call: (512) 463-6949 Subchapter I. Division VII The Railroad Commission of Texas adopts the repeal of sec. sec.9.210, 9. 211, 9.213, 9.214, 9.216, 9.217, 9.219, and 9.221-9.224, concerning low pressure-high pressure piping, piping installation identification tag, corrosion protection, piping layout, drainage and drips, piping support, joint compound, cap outlets, pressure test of piping, specifications for approved piping materials, and joining of high pressure piping, and new sec.sec.9.951, 9. 952, 9.954, 9.955, 9.957, 9.958, 9.960, and 9.962-9.965, concerning the same subject matter. New sec.9.960 is adopted with changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7369). New sec.sec.9.951, 9.952, 9.954, 9.955, 9.957, 9.958, and 9.962-9. 965 are being adopted without changes and will not be republished. The commission adopts the repeals and new rules simultaneously to renumber the rules to allow for future expansion, and to clarify certain rules to provide consistency and continuity. No groups or associations made comments on the proposed repeals or the proposed new rules. One comment suggested adding the following language to sec.9.952(a) after the last sentence: "(Note: This is not intended to prohibit the installation of piping by a person on his premises as provided for in sec.9.177 of this title)." The commission disagrees and declines to make the suggested change because this proposal was for renumbering only; no substantive changes were noticed. Another comment suggested that sec.9.955(c) be amended to delete the sentence which reads: "When a recessed wall furnace is installed, the test specified in sec.9.963 of this title (relating to Pressure Test of Piping) shall be used." The comment stated that the language is redundant because sec.9. 963 describes pressure testing requirements without regard to which type of appliance is installed. Also, with the deletion of that sentence from sec.9. 955(c), the section would then relate only to conditions for installing piping in walls, rather than including provisions for pressure testing. The commission disagrees and declines to make the suggested change because this proposal was for renumbering only; no substantive changes were noticed. Finally, a comment suggested rewording the last sentence of sec.9.960 to read: "Joint compound, where used, shall be applied only on the male thread of the pieces joined." The commission agrees that this wording clarifies the rule requirement, and has made the suggested change. The repeals are adopted under Texas Natural Resources Code, sec.113.051, which authorizes the commission to promulgate rules and standards related to the LP- gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 16 TAC sec.sec.9.210, 9.211, 9.213, 9.214, 9.216, 9.217, 9.219, 9. 221-9.224 The repeals implement Texas Natural Resources Code, sec.113.051, which requires the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439454 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 16 TAC sec.sec.9.951, 9.952, 9.954, 9.955, 9.957, 9.958, 9. 960, 9.962-9.965 The new sections are adopted under Texas Natural Resources Code, sec.113. 051, which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. The new sections implement Texas Natural Resources Code, sec.113.051, which requires the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. sec.9.960. Joint Compound. Joint compound for use with LP gas piping shall be of an approved type resistant to the action of LP-gases. Joint compound, where used, shall be applied only on the male thread of the pieces joined. 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 April 11, 1994. TRD-9439489 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-7008 16 TAC sec.sec.9.212, 9.215, 9.218, 9.220 The Railroad Commission of Texas adopts the repeal of sec. sec.9.212, 9.215, 9.218, and 9.220, relating to specifications for approved piping materials, joining methods, exterior piping, and bending pipe, without changes to the proposed text as published in the October 19, 1993, issue of the Texas Register (18 TexReg 7248). The commission adopts the repeals because the language in these sections is included in new sec.sec.9.953, 9.956, 9.959, and 9.961, relating to specifications for approved low pressure piping materials, joining methods, exterior piping, and bending pipe. The repeals are adopted to reorganize and renumber existing rules which will permit incorporation of new provisions concerning public refueling and use of polyethylene pipe. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Natural Resources Code, sec.113.051, which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. The repeals implement the Texas Natural Resources Code, sec.113.051, which requires the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439455 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 19, 1993 For further information, please call: (512) 463-6949 Subchapter K. Division IX 16 TAC sec.sec.9.262, 9.265-9.272, 9.275 The Railroad Commission of Texas adopts the repeal of sec. sec.9.262, 9. 265- 9.272, and 9.275, relating to fuel storage container valves and accessories; installation of LP-gas service station and cylinder filling storage containers; protection of storage containers and fittings; transport truck unloading location; piping, valves, and fittings; pumps and pump accessories; dispensing devices; extinguishers required; cylinder storage; and safety during fueling operations, without changes to the proposed text as published in the October 19, 1993, issue of the Texas Register (18 TexReg 7248). The commission adopts the repeal of sec.sec.9.262, 9.266, 9.267, 9.269, 9.271, and 9.275, because the language in these sections is included in new sec.9.184, relating to uniform safety requirements. The commission adopts the repeal of sec.9.265 because a portion of the language in this section is included in new sec.9.1255, relating to installation of LP-gas service station and cylinder filling storage containers. The repeal of sec.9.268 is adopted because the language in this section is contained in new sec.sec.9.953, 9.956, 9.959, and 9. 961, relating to specifications for approved piping systems, joining methods, exterior piping, and bending pipe. The commission adopts the repeal of sec.9. 270 because the language in this section is included in new sec.sec.9.1551, 9. 1557, 9.1565, 9.1570, and 9.1571, relating to limited use only, cylinder filling prohibited, consumer lists, safety requirements, automatic dispenser installation, and protection of dispensers. The repeal of sec.9.272 is adopted because the language in this section is contained in sec.9.185 relating to LP-gas storage or installation distance requirements. The repeals are adopted to reorganize and renumber existing rules which will permit incorporation of new provisions concerning public refueling and use of polyethylene pipe. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Natural Resources Code, sec.113.051, which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. The repeals implement the Texas Natural Resources Code, sec.113.051, which requires the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439456 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 19, 1993 For further information, please call: (512) 463-6949 Subchapter L. Division X 16 TAC sec.sec.9.282-9.284, 9.286, 9.287, 9.289-9.293 The Railroad Commission of Texas adopts the repeal of sec. sec.9.282-9.284, 9.286, 9.287, and 9.289-9.293, concerning protection of valves and accessories, labels, piping and fittings, filling containers, mounting and connecting pumps, mounting containers, liquid level gauging devices, baffles, liquefied petroleum vehicle identification, and transportation of LP-gas tractor fuel, without changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7352), and adopts new sec.sec.9. 1352-9.1354, 9.1356, 9.1357, and 9.1359-9.1363, concerning the same subject matter without changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7372). The commission adopts the repeals and new rules simultaneously to renumber the rules to allow for future expansion, and to clarify certain rules to provide consistency and continuity. The commission received no comments on the adoption of the repeals or new rules. The repeals are adopted under Texas Natural Resources Code, sec.113.051, which authorizes the commission to promulgate rules and standards related to the LP- gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439457 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: May 11, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 16 TAC sec.sec.9.1352-9.1354, 9.1356, 9.1357, 9.1359-9.1363 The new sections are adopted under Texas Natural Resources Code, sec.113. 051, which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439490 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: May 11, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 16 TAC sec.9.294 The Railroad Commission of Texas adopts the repeal of sec.9.294, relating to painting, without changes to the proposed text as published in the October 19, 1993, issue of the Texas Register (18 TexReg 7249). The commission adopts the repeal because the language in this section has been included in new sec.9.184, relating to uniform safety requirements. The repeal is adopted to reorganize and renumber existing rules which will permit incorporation of new provisions concerning public refueling and use of polyethylene pipe. No comments were received regarding adoption of the repeal. The repeal is adopted under the Texas Natural Resources Code, sec.113.051, which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. The repeal implements the Texas Natural Resources Code, sec.113.051, which requires the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439458 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 19, 1993 For further information, please call: (512) 463-6949 Subchapter M. Division XI 16 TAC sec.sec.9.301-9.303 The Railroad Commission of Texas adopts the repeal of sec. sec.9.301-9.303, relating to fuel storage containers; protection of fuel storage containers and fittings; and cylinder storage, without changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7352). The commission adopts the repeals because the language in sec.9.301 is included in new sec.9.1451, relating to fuel storage containers; the language in sec.9.302 is contained in new sec.9.184, relating to uniform safety requirements; and the language in sec.9.303 is contained in new sec.9.185, relating to LP-gas storage or installation distance requirements. The repeals are adopted to reorganize and renumber existing rules which will permit incorporation of new provisions concerning public refueling and use of polyethylene pipe. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Natural Resources Code, sec.113.051, which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. The repeals implement the Texas Natural Resources Code, sec.113.051, which requires the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439459 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 16 TAC sec.sec.9.304-9.308 The Railroad Commission of Texas adopts the repeal of sec. sec.9.304-9.308, concerning garaging and use of industrial trucks inside buildings; charging of containers; converting industrial trucks; requirements for construction, original test, and working pressure of ICC or DOT containers; and requirements for construction, test and working pressure of ASME containers, without changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7355), and adopts new sec.sec.9.1454-9.1458, concerning the same subject matter, without changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7373). The commission adopts the repeals and new rules simultaneously to renumber the rules to allow for future expansion, and to clarify certain rules to provide consistency and continuity. The commission received no comments on the adoption of the repeals or new rules. The repeals are adopted under Texas Natural Resources Code, sec.113.051, which authorizes the commission to promulgate rules and standards related to the LP- gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439460 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: May 11, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 16 TAC sec.sec.9.1454-9.1458 The new sections are adopted under Texas Natural Resources Code, sec.113. 051, which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439482 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: May 11, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 Subchapter N. Division XII 16 TAC sec.sec.9.321, 9.325, 9.327, 9.329, 9.335, 9.340, 9.385, 9. 395 The Railroad Commission of Texas adopts the repeal of sec. sec.9.321, 9.325, 9.327, 9.329, 9.335, 9.340, 9.385, and 9.395, relating to limited use only; written instructions and procedures required; cylinder filling prohibited; consumer lists; safety requirements; automatic dispenser installation; protection of manual dispensers; and distance of manual dispensers, without changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7355). The commission adopts the repeals because the language in sec.sec.9.321, 9.325, and 9.329 is included in new sec.9.1551, relating to limited use only: training, written instructions and procedures required; the language in sec.9.327 is included in new sec.9.1557, relating to containers authorized to be filled by automatic dispensers; the language in sec.9.335 is contained in new sec.9.1565, relating to safety requirements; the language in sec.9.340 is included in new sec.9.1570, relating to automatic dispenser installation; the language in sec.9. 385 is included in new section sec.9.1571, relating to protection of dispensers; and the language in sec.9.395 is included in new sec.9.185, relating to LP-gas storage or installation distance requirements. The repeals are adopted to reorganize and renumber existing rules which will permit incorporation of new provisions concerning public refueling and use of polyethylene pipe. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Natural Resources Code, sec.113.051, which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. The repeals implement the Texas Natural Resources Code, sec.113.051, which requires the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439461 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 Subchapter O. Division XIII The Railroad Commission of Texas adopts the repeal of sec. sec.9.400, 9. 402- 9.407, 9.409-9.415 and 9.417-9.444, concerning applicability of Subchapter O; quality of design and installation of gas systems and equipment; LP-gas container working pressure; maximum container capacities; location and mounting of LP-gas containers; securing of LP-gas containers; shielding of LP-gas containers from heat of internal combustion engine exhaust system components; securing LP-gas container housings; LP-gas container appurtenances; valves for multiple LP- gas container assembly systems; automatic stop fill devices; protection of LP-gas container valves; LP-gas regulators; LP-gas excess flow valves; maximum vapor pressure; gas piping system materials; gas piping design; gas pipe sizing; joint materials; routing and protection of tubing and piping; location of supply connections; LP-gas supply connectors; high-pressure LP-gas connections; low-pressure LP-gas connections; appliance connections; gas shut- off valves; gas inlet cap; prohibiting use of gas piping as electrical ground; gas pipe hangers and supports; testing for gas leakage; gas appliances; venting requirements; installation of internal combustion engine generators; marking of appliances; location of appliances; clearances of heat-producing appliances; sizing and materials of supply ducts; sizing, materials, and openings of return air ducts, air duct joints and seams; air conditioning (other than automotive- type); required information; and required labels and identification plates, and new sec. sec.9.1651, 9.1653-9.1658, 9.1660-9. 1666 and 9.1668-9.1695, concerning the same subject matter, without changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7376). The commission adopts the repeals and new rules simultaneously to renumber the rules to allow for future expansion, and to clarify certain rules to provide consistency and continuity. The commission received no comments on the proposed repeals. No groups or associations filed comments on the proposed new rules. One comment regarding sec.9.1665(a) suggested deleting the phrase "which are acceptable to the Commission," so that the text would read: "(a) Listed two- stage regulator(s) shall be installed." The commission disagrees with the comment and declines to make the change because this proposal was for renumbering only; no substantive changes were noticed. Another comment questioned, with regard sec.9.1671 and sec.9.1693, how sections concerning natural gas piping and air conditioning not operated by LP- gas could be related to the LP-gas Safety Rules. The commission disagrees with the comment and declines to make changes which could be inferred from this comment, because this proposal was for renumbering only; no substantive changes were noticed. 16 TAC sec.sec.9.400, 9.402-9.407, 9.409-9.415, 9.417-9.444 The repeals are adopted under Texas Natural Resources Code, sec.113.051, which authorizes the commission to promulgate rules and standards related to the LP- gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. The repeals implement Texas Natural Resources Code, sec.113.051, which requires the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439478 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 16 TAC sec.sec.9.1651, 9.1653-9.1658, 9.1660-9.1666, 9.1668-9. 1695 The new sections are adopted under Texas Natural Resources Code, sec.113. 051, which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439479 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 16 TAC sec.9.408 The Railroad Commission of Texas adopts the repeal of sec.9.408, relating to venting and labeling of compartments containing LP-gas containers, without changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7357). The commission adopts the repeal because the language in sec.9.408 is contained in new sec.9.1659, relating to venting and labeling of compartments containing LP-gas containers. The repeal is adopted to reorganize and renumber existing rules which will permit incorporation of new provisions concerning public refueling and use of polyethylene pipe. No comments were received regarding adoption of the repeals. The repeal is adopted under the Texas Natural Resources Code, sec.113.051, which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. The repeal implements the Texas Natural Resources Code, sec.113.051, which requires the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439462 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 Subchapter P. Division XIV 16 TAC sec.sec.9.499-9.506, 9.508, 9.509, 9.514-9.525 The Railroad Commission of Texas adopts the repeal of sec. sec.9.499-9.506, 9.508, 9.509, and 9.514-9.525, concerning Subchapter P; MC-300, MC-331 Department of Transportation specification requirements; testing requirements; markings and inspection requirements; mounting of transfer equipment; pressure gauge; thermometers and thermometer wells required; liquid or vapor discharge openings; rear bumper protection; safety relief devices; protection, piping, valves, and fittings; electrical equipment and lighting; liquid level gauging devices; exhaust system; extinquishers required; manifests; transfer of fuel on highways, streets, or alleys; parking of LP-gas transports and container delivery units; uniform protection standards; inspection of cargo containers; delivery of inspection report to licensee; issuance of LPG Form 4 decal; and container appurtenances and related equipment, without changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7359), and adopts new sec.sec.9.1751-9.1758, 9.1760-9.1762, 9.1766 and 9.1777, concerning the same subject matter, without changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7387). The commission adopts the repeals and new rules simultaneously to renumber the rules to allow for future expansion, and to clarify certain rules to provide consistency and continuity. The commission received no comments on the adoption of the repeals and the new rules. The repeals are adopted under Texas Natural Resources Code, sec.113.051, which authorizes the commission to promulgate rules and standards related to the LP- gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439481 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: May 11, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 16 TAC sec.sec.9.1751-9.1758, 9.1760-9.1762, 9.1766-9.1777 The new sections are adopted under Texas Natural Resources Code, sec.113. 051, which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439480 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: May 11, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 16 TAC sec.sec.9.510-9.512 The Railroad Commission of Texas adopts the repeal of sec. sec.9.510-9.512, relating to protection, piping, valves, and fittings; supports-120 degree arc required; and painting, without changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7359). The commission adopts the repeals because the language in sec.9.510 is included in new sec.9.1762, relating to protection, piping, valves, and fittings; the language in sec.9.511 is included in new sec.9.1763, relating to supports-120 degree arc required; and the language in sec.9.512 is included in new sec.9.1764, relating to painting. The repeals are adopted to reorganize and renumber existing rules which will permit incorporation of new provisions concerning public refueling and use of polyethylene pipe. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Natural Resources Code, sec.113.051, which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. The repeals implement the Texas Natural Resources Code, sec.113.051, which requires the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439463 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 Subchapter F. Division IV 16 TAC sec.sec.9.653, 9.654, 9.656 The Railroad Commission of Texas adopts new sec.sec.9.653, 9.654, and 9.656, relating to safety relief valves, valves and accessories, and use of chock blocks. Section 9.656 is adopted with changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7361). Section 9.653 and sec.9.654 are adopted without changes and will not be republished. The commission adopts the new sections to renumber existing safety rules to allow for future expansion, and to make changes that clarify the intent of the rules. New sec.9.653 (previously sec.9.141, relating to protection of safety relief valves) contains the same requirements as the old rule, and only the name of the section is changed. New sec.9.654 (previously sec.9.142, relating to protection of valves and accessories) changes the name of the section and adds language to require that valves on any LP-gas transport must be fully closed except during the transfer of LP-gas. New sec.9.656 consists of language that was previously contained in a rule in Subchapter B, Basic Rules. The requirement for chock blocks is specific to LP-gas transports only. Texas Propane Gas Association was the only group or association to file comments on the proposed new sections. Two comments related to sec.9.656 suggested substituting the word "movement" for "rolling" in the first sentence, so that it would read: "Each LP-gas transport shall carry no fewer than two chock blocks designed to effectively prevent the movement of the transport." The commission agrees that the suggested change clarifies the intent of the section, and the change has been made. The new sections are adopted under the Texas Natural Resources Code, sec.113. 051, which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. The new sections implement the Texas Natural Resources Code, sec.113.051, which requires the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. sec.9.656. Use of Chock Blocks. Each LP-gas transport shall carry no fewer than two chock blocks designed to effectively prevent the movement of the transport. These blocks shall be used any time the transport is parked and during the transfer of LP-gas regardless of the level of the surrounding terrain. 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 April 11, 1994. TRD-9439464 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 Subchapter G. Division V 16 TAC sec.9.771 The Railroad Commission of Texas adopts new sec.9.771, relating to identification labels, with changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7366). The commission adopts the new section, previously sec.9.191, relating to identification labels, to renumber existing safety rules to allow for expansion, and to change requirements relating to identification tags or labels on vehicles fueled by LP- gas. The new section provides that the background color for "Propane" labels will be royal blue, a change from the current background color of black. Licensees may continue to use supplies of existing labels until they are exhausted or until November 1, 1994. After that time, only labels with the royal blue background may be used. A new requirement provides that an identification tag or decal must be attached to a vehicle after conversion by a licensee. The tag or decal must indicate the licensee's name, current license number, and the year and month the conversion was made. The commission received no comments regarding new sec.9.771. The commission made one change to the proposed rule: the proposed rule allowed licensees to use supplies of existing labels until exhausted or until March 1, 1994. Because this section is being adopted after March 1, 1994, the new date for using the new royal blue background labels is November 1, 1994. The new section is adopted under the Texas Natural Resources Code, sec.113. 051, which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. The new section implements the Texas Natural Resources Code, sec.113.051, which requires the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. sec.9.771. Identification Labels. (a) LP-gas may not be introduced into any vehicle powered by LP-gas and designed for regular use on public roadways unless the vehicle is properly identified pursuant to this section. Such vehicles shall be identified by a weather-resistant diamond-shaped label located on an exterior vertical or near- vertical surface on the lower right rear of the vehicle in a manner so as to be readily visible. When LP-gas mobile fuel containers are located in compartments or cabinets which obstruct the view of said containers, such a label shall be placed on the access door of the compartments or cabinets. The label shall be approximately 4 3/4 inches (120 millimeters) long by 3 1/4 inches (83 millimeters) high. The markings shall consist of a border and letters "PROPANE" (letters one inch minimum height centered in the diamond) of silver or white reflective luminous material on a Pantone 2945 C Royal Blue or equivalent background as follows: [graphic] Supplies of labels printed with a black background may be exhausted prior to complying with this section. However, in no case shall labels printed with a black background be installed after November 1, 1994. (b) Upon completion of a vehicle conversion, the licensee making the conversion shall affix to the vehicle an identification tag or decal in a location so as to be readily readable. The tag or decal shall contain letters that indicate the licensee's name, current license number, and the year and month the conversion was done. 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 April 11, 1994. TRD-9439465 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 Subchapter I. Division VII 16 TAC sec.sec.9.953, 9.956, 9.959, 9.961 The Railroad Commission of Texas adopts new sec.sec.9.953, 9.956, 9.959, and 9.961, relating to specification for approved low pressure piping materials; joining methods; exterior piping; and bending pipe. Sections 9.953, 9.956, and 9.959 are adopted with changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7369). Section 9.961 is adopted without changes and will not be republished. The commission adopts the new sections to renumber existing sections to allow for future expansion, and for rules concerning use of polyethylene piping for LP-gas installations. The commission adopts new sec.9.953 (previously sec.9.212, relating to specifications for approved piping materials) to indicate that polyethylene pipe or tubing is now an acceptable material for use as low-pressure piping in LP-gas service, subject to the following requirements: The pipe or tubing must comply with "Standard Specification for Thermoplastic Gas Pressure Pipe, Tubing and Fittings," American Society for Testing and Materials (ASTM) D-2513. Polyethylene fusion fittings must conform to ASTM D-2683. "Specifications for Socket-type Polyethylene (PE) Fittings for Outside Diameter Controlled Polyethylene Pipe," ASTM D-3261, "Specifications for Butt Heat Fusion Polyethylene (PE) Plastic Pipe or Tubing," or ASTM F-1055, "Specifications for Electrofusion Type Polyethylene Fittings for Outside Diameter Controlled Polyethylene Pipe." Compression-type mechanical fittings must comply with Category 1 of ASTM D- 2513. The requirements also relate to the use of rigid internal tubular stiffener in the mechanical fittings. Polyethylene pipe or tubing must be marked in compliance with the marking requirements of ASTM D-2513, and include the manufacturer's name or trademark, the standard dimensional ratio of the pipe, the size of the pipe, the designation for polyethylene (PE), the date of manufacture, the designation D- 2513, and the word "gas." When dissimilar metals are joined underground, an insulating fitting must be installed to electrically isolate the different metals from each other. If cathodic protection is used on piping, insulating fitting(s) must be installed to electrically isolate the cathodically protected underground piping system from all aboveground piping or tubing. New sec.9.956 (previously sec.9.215, relating to joining methods) contains the following requirements for joining of polyethylene pipe or tubing: Joints in polyethylene pipe or tubing must be made by heat-fusion, compression-type mechanical, or factory assembled transition fittings according to manufacturer's instructions. Heat-fusion and factory assembled transition fittings may be used, but compression-type mechanical fittings may not be used on any polyethylene pipe above two-inch Internal Pipe Size. In addition to meeting other LP-gas certification requirements, a person performing heat-fusion on polyethylene pipe or tubing must be certified by either the commission or an individual or certification school authorized by the commission. An LPG Form 506, Certification to Perform Heat-Fusion on Polyethylene Pipe or Tubing must be completed and kept in the licensee's files for each person performing heat-fusion. If a certified person does not perform heat-fusion activities for 12 consecutive months, he or she must be re-certified. Polyethylene fittings must be installed according to the manufacturer's instructions. When making joints in polyethylene pipe or tubing: the pipe or tubing may not be joined by a threaded or miter joint; the joint must be designed and installed so that the longitudinal pull-out resistance is at least equal to the tensile strength of the material; heat-fusion joints must be made in accordance with established and proven procedures to produce joints at least as strong as the material being joined; heat-fusion joints cannot be made between different densities of polyethylene pipe or tubing; connections between metallic and polyethylene pipe or tubing can be made only outside, underground, and with transition fittings acceptable for LP-gas service and in compliance with Category 1 of ASTM D-2513. New sec.9.959 (previously sec.9.218, relating to exterior piping), contains the following requirements relating to polyethylene pipe or tubing and all other exterior piping. Exterior piping must be installed a minimum of 18 inches underground unless they are under driveways, roads, streets, etc. The depth may be reduced to 12 inches if the piping is under an area that is not subjected to traffic, such as a lawn or bedding area. Polyethylene pipe or tubing may be used only outside, underground, and for LP- gas low pressure vapor service. The minimum wall thickness of the pipe or tubing is .090 inch, except that pipe or tubing with an outside diameter of . 875 (7/8 inch) or less may have a minimum wall thickness of .062 inch. The piping shall include a continuous non-corrosive electrically conductive tracer wire or tape (no aluminum wire or tape) buried four to six inches above polyethylene pipe or tubing not encased in metal pipe in order to facilitate locating the underground pipe or tubing. Polyethylene pipe or tubing must be laid and backfilled with material that does not contain sharp objects that could cut or puncture the pipe. All underground pipe or tubing must be installed with clearance from any other underground structure to avoid contact with the structure, allow for maintenance, and protect against damage from the other structures. The polyethylene pipe or tubing must be designed and installed to minimize thrust forces caused by contraction or expansion of the piping or by external or internal loading. Valves must be installed to avoid excessive twisting or cutting loads when the valve is operated, and must be recommended for use in polyethylene pipe or tubing and LP-gas service. Imperfect or damaged pieces of polyethylene pipe or tubing must be replaced. Polyethylene pipe or tubing systems are limited to vapor service not exceeding 30 psig. New sec.9.961 (previously sec.9.220, relating to bending pipe) contains requirements relating to changes of direction (turns) in pipe or tubing as follows. Turns in polyethylene pipe or tubing may be made only if the pipe or tubing will not be damaged and the internal diameter of the pipe is not reduced. Joints may not be located in bends of polyethylene pipe or tubing. The radius of the inner curve of bends in polyethylene pipe or tubing cannot be less than 25 times the outside diameter of the pipe or tubing. If the manufacturer of the polyethylene pipe or tubing recommends special bending equipment or procedures, the equipment or procedures recommended must be used. Texas Propane Gas Association was the only group or association to file comments on the new sections. Two comments suggested two alternative reorganizations of subsections (b) -(d) of new sec.9.953 into one subsection on the rationale that they all deal with requirements for polyethylene piping. The commission disagrees with the suggested alternative schemes because they are stylistic changes only, and there is no particular advantage offered by the proposed alternatives. Three comments regarding new sec.9.953(a)(3) stated that the proposed design working pressure of 125 psi conflicts with the requirement in new sec.9.959(i) that polyethylene pipe or tubing is limited to vapor service not exceeding 30 psig, that federal regulations limits polyethylene piping for natural gas service to 100 psi, and that both ratings conflict with the 125 psi requirement in proposed new sec.9.953(a)(3). The comments further observed that polyethylene pipe typically does not have a design working pressure of 125 psi, and suggested adding an exception which would allow use of polyethylene pipe with a minimum 60 psi design working pressure. The commission agrees with this comment, and has restructured new sec.9.953(a) to include the exception. One comment questioned whether the statement in the third sentence of proposed new sec.9.953(d), "The stiffener shall be free of rough or sharp edges . . ." means that serrations on the stiffener would not be allowed. This comment pointed out that many manufacturers of mechanical fittings machine serrations on their stiffeners. The commission responds that the language "rough or sharp edges" means defects, not manufacturers' intentionally made serrations, which are part of the design. A comment regarding sec.9.956(d) suggested adding "factory-assembled anodeless riser" as an acceptable joining method to be consistent with new sec.9.959(k). The commission agrees and has made the change. One comment suggested making new sec.9.956 apply to both fusion and mechanical joints. To do this, new sec.9.956(g) would be reworded to read: "Fittings shall be installed in accordance with the manufacturer's instructions. The following requirement(s) shall be adhered to when making such joints in polyethylene pipe or tubing"; the last sentence of proposed new sec.9.956(g)(3) would become new sec.9.956(g)(6); and wording would be added to the end of sec.9.956>>(g)(5) to read: " . . . except polyethylene gas piping may terminate aboveground, outside of buildings through the use of factory assembled anodeless risers per subsection 9.959(k)." The commission believes that these suggestions add clarity to the rules, and has made the changes in the text of adopted new sec.9.956. One comment concerning new sec.9.956(g)(4) observed that as written, the section would ban butt fusion welding to repair polyethylene pipes of different density. This comment stated that the critical factor is melt index, not density, and therefore the regulations should properly ban butt fusion welding on polyethylene pipes having different melt index ratings. The commission disagrees with this comment, and has made no change to the rule. Another comment concerning new sec.9.956(g)(4) pointed out that electrofusion is an appropriate heat fusion technique for the joining of dissimilar density materials. The commission agrees that clarification is needed, and has made the suggested change. Concerning new sec.9.959(b), one comment stated that the four-inch distance is arbitrary and restrictive in light of the requirement to use approved risers constructed of coated steel, and that it is equally unnecessary in existing installations which utilize wrapped steel pipe or copper tubing. This comment took the position that the only justification for extra protection should be in instances of risers located on or immediately adjacent to a driveway where vehicles could easily strike the riser regardless of the four- inch distance or any other distance. The commission disagrees with this comment; the specific distance requirement is necessary to cover all types of pipe risers. There were two comments regarding new sec.9.959(c). One stated that because the National Fire Protection Association (NFPA) and the federal Department of Transportation (DOT) do not have a specific requirement regarding the depth to which the tracer wire or tape is to be buried above the polyethylene pipe, the commission's rule should say "above the pipe, but not touching" instead of selecting an arbitrary distance (of four to six inches) that no one will be able to comply with, and that cannot be adequately enforced. This comment stated that the requirement is not only unnecessary but adds serious liability questions when the distance is specifically stated. The second comment suggested changing the third sentence in sec.9.959(c) to read: "Where underground polyethylene pipe or tubing is not encased in metal piping, a continuous, non-corrosive, electrically conductive (tracer) wire or tape shall be used to mark its location. When used, wire must be minimum 14 American Wire Gage. Aluminum wire or tape is prohibited. Tracer wire or tape must be buried above (but not in contact with) polyethylene pipe or tubing and one end shall be brought aboveground at the building wall or riser and marked so as to be readily identified." The commission disagrees with these comments which would delete the minimum distance requirements for two reasons: first, the four- to six-inch distance requirement is consistent with current DOT requirements stated in an advisory bulletin, and second, performance based standards are more difficult to enforce than specified minimum distances. The commission makes one change in the third sentence of sec.9.959(c) to remove the wording "or tape, or tape" and to correct the spelling of the word "gauge," so that the sentence now reads: "A continuous non-corrosive electrically conductive (tracer) wire (minimum American Wire Gauge 14), or tape, excluding aluminum wire or tape, shall be buried four to six inches above any portion of the underground polyethylene pipe or tubing that is not encased in metal pipe to facilitate locating the underground pipe or tubing." A comment regarding sec.9.959(g) suggested rewording the third sentence which begins "Valves shall . . ." to read either: "All pressure containing valve shell parts shall be made from materials specified in and qualified to the requirements for pipe and fittings as listed in ASTM D-2513, `Thermoplastic Gas Pressure Pipe, Tubing and Fittings,'" or: "Thermoplastic valves must conform to ANSI/ASME B16.40." The commission agrees that rewording clarifies the rule, and has made the change using the alternative language suggested in the comment. A comment concerning sec.9.959(h) questioned the definition of the term "imperfect or damaged piece of polyethylene"? The commission's response is to offer a rule of thumb: if the scratch depth is greater than 10% of the pipe wall thickness, then the section should be removed. That rule of thumb has been added to sec.9.959(h) as an example. One comment objected to the language in sec.9.959(k) which, by allowing factory-assembled anodeless risers only, disallows the use of new technology in the area of field-assembled riser systems which place all pressure connections above ground and reduce the total number of connections to two. The commission's response is that is exactly what the rule is intended to do, because of the extreme difficulty of and potential disparity in applying enforcement standards to field-assembled riser systems. A comment relating to sec.9.959(l) stated that this provision would not allow a transition fitting to connect underground polyethylene to above ground copper pipe, and that if copper were not completely disallowed by this language there would be no reason to disallow this type of connection or transition. The commission disagrees with the comment, because the rule as written does not prohibit use of copper piping in toto, but simply specifies that copper tubing is not a substitute for a factory-assembled anodeless riser. If the entire piping system is copper, then the riser may be copper as well. The commission agrees with a comment regarding the wording in proposed new sec.9.959(m) which was to substitute the word "discharge" for the word "ignition," so that the phrase reads: ". . . reasonable precautions to prevent the buildup and discharge of static electricity shall be taken." The change is made in adopted new sec.9.959(m). The new sections are adopted under the Texas Natural Resources Code, sec.113. 051, which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. The new sections implement the Texas Natural Resources Code, sec.13.051, which requires the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. sec.9.953. Specifications for Approved Low Pressure Piping Materials. (a) All pipe, tubing, and fittings shall: (1) be made of one or more of the following materials: (A) wrought iron or steel; (B) seamless copper or brass tubing or pipe; or (C) polyethylene pipe or tubing; and (2) have a minimum design working pressure of 125 psi, except for polyethylene pipe or tubing, which shall have a minimum design working pressure of 60 psi. (b) Polyethylene pipe or tubing shall conform to "Standard Specification for Thermoplastic Gas Pressure Pipe, Tubing, and Fittings," American Society for Testing and Materials ASTM D-2513. (c) Polyethylene fusion fittings shall conform to ASTM D-2683, "Specifications for Socket-type Polyethylene (PE) Fittings for Outside Diameter Controlled Polyethylene Pipe," ASTM D-3261 "Specifications for Butt Heat Fusion Polyethylene (PE) Plastic Pipe or Tubing, " or ASTM F-1055, "Specifications for Electrofusion Type Polyethylene Fittings for Outside Diameter Controlled Polyethylene Pipe." (d) Compression-type mechanical fittings shall comply with Category 1 of ASTM D-2513. Rigid internal tubular stiffener shall be used in conjunction with the fitting to support the pipe. The stiffener shall be flush with the end of the pipe or tubing and shall extend at least to the outside end of the pipe or tubing and at least to the outside end of the compression fitting when installed. The stiffener shall be free of rough or sharp edges and shall not be a forced fit in the polyethylene. Split tubular stiffeners shall not be used. Gasket material in the fitting shall be resistant to the action of LP-gas and be compatible with the polyethylene pipe material. (e) Polyethylene pipe or tubing shall be marked in full compliance with the product marking requirements of ASTM D-2513 and shall include the manufacturer's name or trademark, the standard dimensional ratio of the pipe, the size of the pipe, the designation polyethylene (PE), the date of manufacture, the designation "ASTM D-2513," and the word "gas." (f) All valves and valve seats shall be recommended by the manufacturer for use with LP-gas. (g) All unions including insulating unions shall be of the ground joint type. (h) When dissimilar metals are joined underground, an insulating fitting shall be installed to electrically isolate the different metals from each other. (i) If cathodic protection is used on piping, insulating fitting(s) shall be installed to electrically isolate the cathodically protected underground piping system from all aboveground piping or tubing. sec.9.956. Joining Methods. (a) Wrought iron or steel pipe may be joined by threading, welding, or flanging. (b) Fittings for copper or brass tubing shall be the flare type. (c) Copper pipe may be joined with sweat joints using silver solder having a melting temperature of at least 1,000 degrees Fahrenheit. (d) Joints in polyethylene pipe or tubing shall be made by heat-fusion, compression-type mechanical or factory assembled transition fittings or factory assembled anodeless risers in accordance with the manufacturer's instructions. Compression-type mechanical fittings shall not be used on any polyethylene pipe above two inch Internal Pipe Size (IPS). Heat-fusion and factory assembled transition fittings may be used to make joints in all sizes of polyethylene pipe or tubing. (e) In addition to other LP-gas certification requirements, prior to performing heat-fusion on polyethylene pipe or tubing, a person must be certified by either the commission or an individual or certification school authorized by the commission. The certification must confirm that the person has a working knowledge of heat-fusion methods and the ability to properly perform the heat-fusion activity. (f) An LPG Form 506 must be completed and maintained by the employer of a person certified to perform heat-fusion activities and the form must be available for review by a representative of the commission. If a person certified as required by subsection (e) of this section does not perform any heat-fusion activity for 12 consecutive months, that person must be re-certified prior to resuming any heat-fusion activities. (g) Fittings shall be installed in accordance with the manufacturer's instructions. The following requirement(s) shall be adhered to when making such joints in polyethylene pipe or tubing. (1) Polyethylene pipe or tubing shall not be joined by a threaded or miter joint. (2) The joint shall be designed and installed so that the longitudinal pull- out resistance of the joint will be at least equal to the tensile strength of the polyethylene piping material. (3) Heat-fusion joints shall be made in accordance with qualified procedures which have been established and proven by test to produce gas-tight joints at least as strong as the pipe or tubing being joined. (4) Electrofusion is the only acceptable method of making heat-fusion joints between different densities of polyethylene pipe or tubing. (5) Connections between metallic and polyethylene pipe or tubing shall be made only outside, underground, and with transition fittings that are acceptable for LP-gas service and that comply with Category 1 of ASTM D-2513, except polyethylene gas piping may terminate aboveground, outside of buildings through the use of factory assembled anodeless risers in accordance with sec.9.959(k) of this title (relating to exterior piping). (6) Joints shall be made with the joining method recommended by the pipe or tubing manufacturer. sec.9.959. Exterior Piping. (a) All exterior piping including polyethylene pipe or tubing shall be installed with a minimum of 18 inches of cover unless the requirements of subsection (j) of this section apply. The cover may be reduced to 12 inches if external damage to the piping is not likely to result (e.g. piping is under a lawn or bedding area not subjected to traffic). If a minimum of 12 inches of cover cannot be maintained, the pipe or tubing shall be encased in steel pipe or bridged (shielded) or protected against mechanical injury by means of curbs, slabs, substantial posts, or other suitable means. (b) Exterior piping installed aboveground shall be protected against damage by means of curbs or substantial guard rails. Where risers are installed more than four inches from building walls, protection shall be provided so as to prevent damage to the pipe. (c) Polyethylene pipe or tubing shall be used outside, underground for LP-gas vapor service only. Polyethylene pipe or tubing for direct burial shall have a minimum wall thickness of .090 inch, except that pipe or tubing with an outside diameter of .875 inch (7/8 inch) or less may have a minimum wall thickness of .062 inch. A continuous non-corrosive electrically conductive (tracer) wire (minimum American Wire Gage 14) or tape, excluding aluminum wire or tape, shall be buried four to six inches above any portion of the underground polyethylene pipe or tubing that is not encased in metal pipe to facilitate locating the underground pipe or tubing. One end of the wire or tape shall be brought aboveground at a building wall or riser, and shall be marked so as to be readily identified. (d) Polyethylene pipe or tubing must be laid and back-filled with fill material that does not contain any large or sharp rocks or other objects that could cut or puncture the pipe. Polyethylene pipe or tubing shall be supported along its entire length by properly tamped and compacted soil. (e) All underground pipe or tubing shall be installed with sufficient clearance from any other underground structure to avoid contact with the structure, to allow maintenance, and to protect against damage from proximity to other structures. In addition, underground polyethylene piping shall be installed with sufficient clearance from, or shall be insulated from, any source of heat to prevent the heat from impairing the serviceability of the pipe. (f) Polyethylene pipe or tubing shall be installed so as to minimize thrust forces caused by contraction or expansion of the piping or by anticipated external or internal loading. The piping system shall be designed and installed so that each joint will sustain these forces. Note: Polyethylene pipe will expand or contract one inch for every ten degrees Fahrenheit change for every 100 feet of pipe. (g) Valve(s) in polyethylene pipe or tubing shall be installed so as to protect the pipe or tubing against excessive torsional (twisting) or shearing (cutting) loads when the valve(s) is operated. Valve boxes shall be installed so as to avoid transmitting external loads to the valve, pipe, or tubing. Thermoplastic valves must conform to ANSI/ASME B16.40. Valves in polyethylene pipe or tubing shall have been recommended for LP-gas service by the manufacturer. (h) Each imperfect or damaged piece of polyethylene pipe or tubing shall be replaced by fusion or mechanical fittings. Repair clamps shall not be used to cover damaged or leaking sections. (i) Polyethylene pipe or tubing systems shall be limited to vapor service not exceeding 30 psig. (j) Where underground pipe or tubing is installed beneath driveways, roads or streets, it shall be buried at a depth to prevent damage from vehicular traffic or encased in steel pipe or bridged (shielded). (k) A factory-assembled anodeless riser shall be installed between polyethylene pipe or tubing installed underground and the aboveground piping or tubing. (l) Copper tubing shall not be used as a substitute for a factory-assembled anodeless riser. (m) When purging, repairing, replacing, or extending polyethylene pipe or tubing, reasonable precautions to prevent the buildup and discharge of static electricity shall be taken. 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 April 11, 1994. TRD-9439466 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 Subchapter K. Division IX 16 TAC sec.9.1255 The Railroad Commission of Texas adopts new sec.9.1255, relating to installation of LP-gas service station and cylinder filling underground storage containers, with changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7372). The commission adopts the new section to renumber existing safety rules to allow for future expansion and to delete references to aboveground storage containers contained in the old rule (previously sec.9.265, relating to installation of LP-gas service station and cylinder filling storage containers) . These requirements are now addressed in new sec.9.184 and sec.9.185, relating to uniform safety requirements and LP-gas storage or installation distance requirements. The commission received no comments on the proposed new rule. The commission makes one editorial change to remove the words "underground storage" from the text (because they are redundant) and to reformat the balance of the text as subsections instead of paragraphs of the implied subsection (a). The new section is adopted under the Texas Natural Resources Code, sec.113. 051, which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. The new section implements the Texas Natural Resources Code, sec.113.051, which requires the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. sec.9.1255. Installation of LP-Gas Service Station and Cylinder Filling Underground Storage Containers. (a) As a means of resisting corrosion and prior to being placed underground, the container shall be given a suitable protective coating consisting of a suitable metal priming, followed by a coating of anticorrosive mastic enamel or paint. (b) Underground containers shall be set on a firm foundation and surrounded with soft earth or sand firmly tamped in place. (c) Container locations subject to vehicular traffic shall be buried four feet and shall be protected by a concrete slab or other adequate cover to prevent the weight of a loaded vehicle imposing concentrated direct loads on the container shell. Where ground conditions make compliance with this requirement impracticable, installation shall be made otherwise to prevent physical damage. 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 April 11, 1994. TRD-9439467 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 Subchapter M. Division XI 16 TAC sec.9.1451 The Railroad Commission of Texas adopts new sec.9.1451, relating to training requirements, without changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7373). The commission adopts the new section (previously sec.9.301, relating to fuel storage containers) to renumber existing rules to allow for future expansion and to change the application of the rule from fuel storage requirements (which is now in new sec.9.184, relating to uniform safety requirements) to require that only personnel trained in the safe operation of dispensing equipment are authorized to dispense LP-gas from storage containers. The commission received no comments on the proposed new rule. The new section is adopted under the Texas Natural Resources Code, sec.113. 051, which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. The new section implements the Texas Natural Resources Code, sec.113.051, which requires the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439468 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 Subchapter N. Division XII 16 TAC sec.sec.9.1551, 9.1557, 9.1565, 9.1570, 9.1571 The Railroad Commission of Texas adopts new sec.sec.9.1551, 9.1557, 9.1565, 9. 1570, and 9.1571, relating to limited use only: training, written instructions and procedures required; safety requirements; containers authorized to be filled by automatic dispensers; automatic dispenser installation; and protection of dispensers, with changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7375). The commission adopts the new sections to renumber existing rules to allow for expansion, and to implement rules for public refueling using automatic dispensers for vehicles fueled by LP-gas. New sec.9.1551 (previously 9.321, relating to limited use only) requires that automatic dispensers may be operated only by properly trained individuals. Written instructions and safe operating procedures must be provided to anyone trained in the use of an automatic dispenser, and licensees must maintain a list of persons trained. Step-by-step operating instructions must be provided by the manufacturer of a dispenser and be posted at or on the dispenser. New sec.9.1557 (previously sec.9.327, relating to cylinder filling prohibited) requires that only ASME motor fuel containers, permanently secured to a vehicle and incorporating an 80% stop fill device, may be filled by an automatic dispenser. This does not prohibit the filling of fuel cells for hot air balloons approved by the Federal Aviation Administration. New sec.9.1565 (previously sec.9.335, relating to safety requirements) requires that: automatic dispensers must comply with new sec.9.156, relating to appurtenances and equipment. Existing dispensers may be modified, provided components are listed as approved by an approved laboratory; the fueling nozzle must have an automatic vapor discharge, a 360-degree swivel inlet connection, a means to prevent LP-gas from being discharged if the nozzle is not connected to the vehicle, and a means whereby the operator must constantly manually activate the fueling nozzle to maintain fuel flow; and any automatic dispenser installation must have a pressure activated by-pass valve or similar equipment. New sec.9.1570 (previously sec.9.340, relating to automatic dispenser installation) requires that emergency shut-down devices must be installed in a location remote from the dispensing and storage areas, and that the immediate vicinity of automatic dispensers must be well lit during all hours of operation during darkness. New sec.9.1571 (previously sec.9.385, relating to protection of manual dispensers) includes provisions concerning protection of automatic dispensers. The section requires that an automatic dispenser must be secured on a concrete island a minimum of six inches above the normal grade and two inches above the grade of any other fuel dispensers. The automatic dispensers must also be protected from collision damage. Texas Propane Gas Association was the only group or association to file comments on the proposed new sections. One comment regarding the requirement in sec.9.1551(b) that licensees maintain a list of all entities and/or individuals trained was that the meaning of individuals should be clarified. The requirement does not distinguish between individuals not associated with an entity, and those individuals within an entity. The concern was that if "individuals" refers to employees of an entity, this regulation would place an unwarranted responsibility on the licensee. In the view of this commenter, the licensee should train key employees, who should in turn be responsible for training their individual employees. The commission agrees that clarification is needed. The intent of the new section is to require that the licensee should train key employees; however, the licensee should keep a list of every individual person trained, and then indicate whether the individual is or is not the key employee of an entity. Another comment concerning sec.9.1551(b) stated that the requirement that a licensee provide any consumer operating an automatic dispenser with written instructions and safe operating procedures is not feasible, because the licensee will never see some consumers. The comment suggested that operating instructions should be posted on an automatic dispenser in the same manner as for gasoline pump. The commission agrees that the wording makes it appear that the licensee is required to provide written instructions and safe operating procedures to every consumer who operates an automatic dispenser. The commission has changed the wording in the first sentence of sec.9.1551(b) to clarify that the licensee is required to provide written instructions and safe operating procedures only to every consumer trained by the licensee to operate an automatic dispenser. New sec.9.1551(c) makes it clear that step-by-step operating instructions are to be posted on every automatic dispenser. Three comments suggested changing the first sentence of new sec.9.1551(c) to read: "Step-by-step operating instructions provided by the manufacturer or licensee shall be posted at or on each dispenser, and shall be readily visible to the operator during the fueling transfer operation." The reason for the suggested change is that there are different manufacturers of dispensers and card, code, or key devices, and the licensee may need to properly sequence the operating instructions for the dispenser and with those for the card system in order to provide adequate and safe operating instructions. Another comment regarding sec.9.1551(c) suggested adding the word "appropriate" before "step- by-step" and the phrase " if available, or licensee" after "manufacturer. " The commission agrees that the suggested changes clarify the intent and scope of the requirements, and has made the changes in the adopted section. One comment pointed out that currently there are several users of propane with non-motor fuel type ASME containers permanently installed on vehicles with equipment and systems that comply with Division V rules; the new rule would preclude them from using automatic dispensers. As an example, the comment pointed out that several hot oiler customers use ASME 250 gallon stack-type tanks, as do many portable steam-cleaning units and other auxiliary engine type users. The comment recognizes that the intent was to prohibit cylinder filling and filling of containers on RVs from automatic dispensers. The comment suggested that the provision be reworded to read as follows: "Automatic dispensers shall be for dispensing LP-gas for motor/mobile fuel only. Only American Society of Mechanical Engineers (ASME) constructed type containers permanently secured to a vehicle should be filled. Additionally, only ASME constructed motor fuel type containers permanently secured to a vehicle that incorporates an 80% stop-fill device which furnishes LP-gas to the engine that propels the vehicle should be filled. However, the filling of DOT cylinders is prohibited. Also, filling of DOT cylinders and ASME containers mounted on recreational vehicles is prohibited." The comment concluded that this language would still allow for filling of fuel cells for hot-air balloons. The commission agrees that a change in wording is necessary to accommodate special users, and has revised the section accordingly, although somewhat differently from the wording offered in the comment. Two other comments concerning sec.9.1557 stated that permitting fueling of only tanks equipped with 80% stop fill devices is impossible for the licensee to comply with because the licensee will not necessarily see all consumer tanks fueled by an automatic dispenser. These comments suggested that the 80% stop fill safety factor should be controlled through proper training and the use of card activated systems, so that only properly trained consumers (that is, those who should have been instructed not to over fill a tank) with an access card would be able to activate the dispenser. These comments pointed out that only after ASME mandates all motor fuel type containers be equipped with 80% stop fill devices and all existing motor fuel containers are retrofitted would this regulation be enforceable. The commission disagrees with the comment and declines to make any changes because the licensee is responsible only for the scope of the training, not any potential activity outside the scope of the training. The intent of the section, as stated previously, is that licensees will carefully document all training, and that licensees are responsible only for those individuals trained and only for activities within the scope of that training. One comment suggested rewording sec.9.1565(7) to read: "Electrical components within the dispenser enclosure up to 48 inches above the base of the dispenser and below a solid vapor-tight barrier must be suitable for Class 1, Group D, Division I applications. Electrical components located above 48 inches and above a solid vapor-tight barrier must be suitable for Class 1, Group D, Division II applications." The reason for the comment is that the solid vapor barrier is necessary to isolate components located above the 48-inch level from any propane handling components. The vapor barrier is designed into the automatic dispenser in such a way that the Division II area is completely separate from the Division I area, so that this configuration will allow a key, card, or code system to be built into a propane dispenser consistent with established standards for gasoline dispensers. The commission agrees with the comment and has made the suggested change to provide needed clarity in rule. Three comments suggested that the text in sec.9.1565(9) should be moved to sec.9.1570, relating to automatic dispenser installations, and made sec.9.1570(5) . The commission agrees and has made the change. Three comments suggested changing the wording of sec.9.1570(4) to clarify that installations do not have to be lit if they are closed. The commission agrees; the wording of the paragraph is changed to indicate that when LP-gas automatic dispenser facilities are operated during hours of darkness, the immediate vicinity of the dispensers must be well-lit. Three comments proposed that the word "liquid" be added between the words "other" and "fuel" in the first sentence of sec.9.1571, so that it would read: "Each automatic dispenser shall be secured on a concrete island a minimum of six inches above the normal grade or two inches above the grade of any other liquid fuel dispensers." The changed wording would clarify the intent of the rule when, for example, one LP-gas dispenser and one CNG dispenser are to be used on the same fuel island. The commission agrees that the change would clarify that the reason for the two-inch rise is to prevent accumulation of liquid fuel under an LP-gas dispenser, and has made the change in the text of the adopted section. The new sections are adopted under the Texas Natural Resources Code, sec.113. 051, which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. The new sections implement the Texas Natural Resources Code, sec.113.051, which requires the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. sec.9.1551. Limited Use Only: Training, Written Instructions and Procedures Required. (a) Automatic dispenser(s) may be operated only by an individual who has been properly trained. (b) Any consumer who is trained to operate an automatic dispenser shall be provided with written instructions and safe operating procedures by the licensee. The consumer should be cautioned to study and preserve such instructions and procedures, and to educate all those with access to the automatic dispenser(s) in the proper operating procedures. Each licensee shall maintain a current list of all individual persons trained by the licensee in the operation of an automatic dispenser, along with a notation of whether the individual is or is not the key employee of an entity. (c) Appropriate step-by-step operating instructions provided by the manufacturer, if available, or by the licensee shall be posted at or on each dispenser, and shall be readily visible to the operator during transfer operations. The instructions shall describe each action necessary to operate the dispenser. sec.9.1557. Containers Authorized to be Filled by Automatic Dispensers. Automatic dispensers shall be for dispensing LP-gas for motor/mobile fuel only. Only American Society of Mechanical Engineers (ASME) constructed motor/mobile fuel type containers that are permanently secured to a vehicle, that incorporate an 80% stop fill device, and that furnish LP-gas to the engine that propels the vehicle, and ASME constructed stack type containers permanently secured to a vehicle shall be filled. The filling of DOT cylinders is prohibited. The filling of ASME containers mounted on recreational vehicles is prohibited. This does not prohibit the filling of hot air balloon fuel cells approved by the Federal Aviation Administration. See sec.9.157 of this title (relating to Requirements for Construction of Containers). sec.9.1565. Safety Requirements. Authorized automatic dispensers shall comply with the provisions of sec.9.156 of this title (relating to Appurtenances and Equipment). Existing dispensing devices may be modified, provided that the modifications include only those components listed as approved by an approved laboratory, and are installed in a workmanlike manner in accordance with industry standards. The authorized dispenser shall have the following features. (1) A key, card, or code system shall be used. (2) All valves, metering equipment, vapor eliminators, and other related equipment installed on an automatic dispenser shall meet all applicable requirements of the safety rules. (3) All dispensing equipment shall be fabricated of material suitable for LP- gas, and resistant to the action of LP-gas under service conditions. Pressure containing parts shall be of steel, ductile iron, forged steel, or brass or an equivalent material. Aluminum may be used for approved meters. All piping shall be Schedule 80, and all pipe fittings shall comply with the requirements of Subchapter I of this title. (4) The automatic dispensing system shall incorporate a cutoff valve with an opening and closing device which ensures the valve is in a closed position when the dispenser is deactivated. (5) A device shall be installed in the liquid and vapor piping in such a manner that displacement of the dispenser will result in the displacement of such piping on the downstream side of the device. (6) The transfer hose downstream from the meter shall incorporate an approved pull-away device. The pull-away device shall be installed in accordance with the manufacturer's instructions. (7) Electrical components within the dispenser enclosure up to 48 inches above the base of the dispenser and below a solid vapor-tight barrier must be suitable for Class 1, Group D, Division I applications. Electrical components located above 48 inches and above a solid vapor-tight barrier must be suitable for Class 1, Group D, Division II applications. (8) The fueling nozzle shall have the following safety features: (A) automatic vapor discharge; (B) 360 degrees swivel inlet connection; (C) a means to prevent LP-gas from being discharged, unless the nozzle is connected to the vehicle; and (D) a means to have the operator constantly manually activate it to maintain fuel flow. sec.9.1570. Automatic Dispenser Installation. After the installation of an automatic dispenser, an LPG Form 501 shall be submitted to the commission in accordance with the submission and fee requirements set forth in sec.9.20(a)(4) and (e)(3) of this title (relating to Filings Required for Stationary LP-Gas Installations). Tentative approval shall be granted if the plans indicate the installation will meet the requirements of the division. Final approval shall be issued only after a field inspection confirms that the dispenser, as installed, meets all the requirements of the safety rules. Plans shall detail the area within 150 feet of the dispenser and the fuel storage container, including the following information: (1) Fuel storage containers shall meet all distance requirements set forth in sec.9.185 of this title (relating to LP-Gas Storage or Installation Distance Requirements). (2) LP-gas fuel storage installations with automatic dispensers shall be equipped with a device(s) for emergency shut-down of the entire LP-gas installation from a location remote from the dispensing and storage areas. The device(s) shall operate to activate a valve(s) installed so as to shut off the power and gas supply to the dispenser(s). The emergency shut-down device shall be visible from the dispensing area(s). The emergency shut-down device shall be distinctly marked for easy recognition in compliance with the requirements of Table 1 of sec.9.183 of this title (relating to Uniform Protection Requirements). (3) The requirements of sec.9.20(a) (4) and (e)(3) of this title (relating to Filings Required for Stationary LP-Gas Installations) shall not apply to existing LP-gas installations previously approved by the commission, provided that LPG Form 501 is filed and received by the commission, postmarked within ten calendar days of completion of the LP-gas dispenser installation addition. (4) When LP-gas automatic dispenser facilities are operated during hours of darkness, the immediate vicinity of the automatic dispensers shall be well lit. (5) Any LP-gas installation on which an automatic dispenser is installed must be equipped with a pressure activated by-pass valve or other similar means installed in accordance with the manufacturer's instructions. sec.9.1571. Protection of Dispensers. Each automatic dispenser shall be secured on a concrete island a minimum of six inches above the normal grade and two inches above the grade of any other liquid fuel dispensers. Each automatic dispenser shall be protected against collision damage. Support columns or other means of protection installed at the approach end(s) of the concrete island shall prevent displacement of the automatic dispenser. If such protection cannot be provided, then the requirements of sec.9.183(a)(2) of this title (relating to Uniform Protection Standards) shall apply. 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 April 11, 1994. TRD-9439469 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 Subchapter O. Division XIII 16 TAC sec.sec.9.1651, 9.1653-9.1658, 9.1660-9.1666, 9.1668-9. 1695 The new sections are adopted under the Texas Natural Resources Code, sec.113.051, which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. The new section implements the Texas Natural Resources Code, sec.113.051, which requires the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439479 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-7008 16 TAC sec.9.1659 The Railroad Commission of Texas adopts new sec.9.1659, relating to ventilation and labeling of compartments containing LP-gas cylinders (previously sec.9.408, relating to ventilation and labeling of compartments containing LP- gas containers) to renumber existing rules to allow for expansion, and to make requirements for labeling LP-gas installations in recreational vehicles consistent with new sec.9.771, relating to identification labels, without changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7387). New sec.9.1659 requires that "Propane" labels on recreational vehicles must comply with sec.9.771. The background color for the label is changed from black to royal blue. The commission received no comments on the new section. The new section is adopted under the Texas Natural Resources Code, sec.113. 051, which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. The new section implements the Texas Natural Resources Code, sec.113.051, which requires the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. 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 April 11, 1994. TRD-9439470 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-7008 Subchapter P. Division XIV 16 TAC sec.sec.9.1759, 9.1762-9.1764 The Railroad Commission of Texas adopts new sec.sec.9.1759, 9.1762-9.1764, relating to use of chock blocks; protection, piping, valves, and fittings; supports-120-degree arc required; and painting, with changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7391). The commission adopts the new sections to renumber existing rules to allow for expansion, and to add new requirements relating to LP-gas transports. New sec.9.1759 requires the use of chock blocks on transports. This requirement was previously in sec.9.64, relating to uniform safety requirements, but was moved to this rule because it applies to transports only. New sec.9.1762 (previously sec.9.510 relating to protection, piping, valves, and fittings) requires that fittings on LP-gas transports be made of malleable iron with a pressure rating of 1,500 pounds or greater. New sec.9.1763 (previously sec.9.511, relating to supports-120 degree arc required) requires that containers be supported in compliance with Section 178. 337-13 of the United States Department of Transportation Regulations, to be consistent with United States Department of Transportation (DOT) regulations. The current DOT regulations state: "A tank motor vehicle designed and constructed so that the cargo tank constitutes in whole or in part the stress member used in place of a frame must have the tank supported by external cradles. A cargo tank mounted on a frame must be supported by external cradles or longitudinal members. The cradles, where used, must subtend at least 120 degrees of the shell circumference." New sec.9.1764 (previously sec.9.512, relating to painting) requires that paint on the undercarriage of an LP-gas transport may extend only 60 degrees on each side of the center line of the 120-degree support cradle. The commission received no comments on the new rules. The commission made a change in new sec.9.1759 to substitute the word "movement" for the word "rolling," to be consistent with sec.9.656 of this title (relating to Use of Chock Blocks). The new sections are adopted under Texas Natural Resources Code, sec.113.051, which authorizes the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. The new sections implement Texas Natural Resources Code, sec.113.051, which requires the commission to promulgate rules and standards related to the LP-gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. sec.9.1759. Use of Chock Blocks. Each LP-gas transport shall carry no fewer than two chock blocks designed to effectively prevent the movement of the transport. These blocks shall be used any time the transport is parked and during the transfer of fuel regardless of the level of the surrounding terrain. sec.9.1762. Protection, Piping, Valves, Fittings. (a) All piping, valves, relief devices, and fittings shall be securely mounted and shall be protected against damage and breakage. (b) All piping shall be a minimum of Schedule 80. Fittings shall be malleable iron with a pressure rating of 1,500 pounds or greater. (c) All valves on any transport shall be kept in the full closed position except during the transfer of fuel to or from the transport. sec.9.1763. Supports. A transport container must be supported as required by Section 178.337-13 of the United States Department of Transportation Regulations. sec.9.1764. Painting. (a) All cargo transport containers shall be painted white or aluminum. Undercarriage painting, if of contrasting color, shall not extend above 60 degrees on either side of the center line of the bottom of the container. (b) Insulated cargo containers equipped with either a stainless steel or aluminum outer shell or insulation cover, need not be painted. 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 April 11, 1994. TRD-9439471 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 Chapter 13. Regulations for Compressed Natural Gas Subchapter A. Scope and Definitions 16 TAC sec.sec.13.1, 13.3, 13.4 The Railroad Commission of Texas adopts amendments to sec. sec.13.1, 13.3, and 13.4, relating to scope, definitions, and CNG forms, without changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7392). The amendments implement provisions of Senate Bill 576, 73rd Legislature, 1993, which clarify and expand certain sections of the Texas Natural Resources Code regarding regulation of compressed natural gas. The amendments to sec.13.1 clarify that regulations for CNG do not apply to the production, transportation, storage, sale or distribution of natural gas that is subject to the Gas Utility Regulatory Act, Texas Civil Statutes, Article 1446e, or the Cox Act, Texas Civil Statutes, Articles 6050-6066g, or pipelines, fixtures, equipment or facilities to the extent they are subject to the Railroad Commission safety regulations enforced under the Pipeline Safety Act, Texas Civil Statutes, Article 6053-1, or the Natural Resources Code, Chapter 117. The amendment to sec.13.3 changes the definition of CNG system to include mobile fuel systems. Amendments to sec.13.4 add a new form, CNG Form 1995, Certification of Political Subdivision of Self-Insurance for General Liability, Workers' Compensation, and/or Motor Vehicle Liability Insurance, to implement the statutory change allowing a state agency or institution, county, municipality, school district, or other governmental subdivision to substitute self- insurance for required coverage relating to general liability, workers' compensation, and/or motor vehicle liability insurance; and change the titles of existing CNG Forms 1996A and 1996B to add the phrase "or Alternative Accident/Health Insurance" to implement the statutory change allowing accident/health insurance policies to be substituted for workers' compensation coverage. No comments were received regarding adoption of the amendments. The amendments are adopted under the Texas Natural Resources Code, sec.116. 012, which authorizes the commission to promulgate rules and standards related to the compressed natural gas industry and its operations, which will protect or tend to protect the health, safety and welfare of the general public. The amendments implement the Texas Natural Resources Code, sec.sec.116.001, 116.002, 116.031, 116.036, and 116.072, as amended by Senate Bill 576, 73rd Legislature, 1993. 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 April 11, 1994. TRD-9439435 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 Subchapter B. General Rules 16 TAC sec.13.32, sec.13.34 The Railroad Commission of Texas adopts amendments to sec.13.32 and sec.13. 34, relating to hose and hose connections and vehicle fueling connection, without changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7393). The amendment to sec.13.32 adds language clarifying that the requirements of the section do not apply to hose installed from the regulator to the mixer on a motor vehicle. Amendments to sec.13.34 add a new provision requiring that any vehicle refueled by an automatic dispenser must have a fueling receptacle that complies with ANSI/AGA NGV1. This is a nationally recognized requirement. No comments were received regarding adoption of the amendments. The amendments are adopted under the Texas Natural Resources Code, sec.116. 012, which authorizes the commission to promulgate rules and standards related to the compressed natural gas industry and its operations, which will protect or tend to protect the health, safety and welfare of the general public. The amendments implement the Texas Natural Resources Code, sec.116.012, which requires the commission to promulgate rules and standards related to the compressed natural gas industry and its operations, which will protect or tend to protect the health, safety and welfare of the general public. 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 April 11, 1994. TRD-9439436 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-7008 16 TAC sec.13.40 The Railroad Commission of Texas adopts new sec.13.40, relating to manufacturer's nameplates and markings on ASME containers, with changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7393). The commission adopts the new section to be consistent with the LP-gas safety rules, except that the nameplate is not required to be continuously welded as in LP-gas. The requirements for the nameplates and markings are consistent with national standards. The section requires that: CNG may not be introduced into an ASME container unless the container has a manufacturer's original nameplate or manufacturer's replacement nameplate permanently attached to the container. ASME containers manufactured after November 1, 1994, must have a stainless steel nameplate; nameplates have the following information stamped or etched on them: ASME approved symbol indicating compliance with the ASME code; name and address of manufacturer; capacity of container in standard cubic feet; the wording "this container shall not contain a product having a vapor pressure in excess of ---- pounds per square inch at a temperature of 100 degrees Fahrenheit"; the thickness of the material used in the shell and heads; the overall length, outside diameter, and dish radius of the heads; the serial number of the container; and the date of manufacture; nameplates be attached to the container so they will be visible; containers manufactured prior to November 1, 1994, have the following information on the nameplate: name of container manufacturer; manufacturer's serial number; working pressure; and water capacity. No comments were received regarding adoption of the new section. The commission has made one change to sec.13.40. Because the section is being adopted after the February 1, 1994, date for compliance specified in the proposed rule, the new date for compliance has been changed to November 1, 1994. The new section is adopted under the Texas Natural Resources Code, sec.116. 012, which authorizes the commission to promulgate rules and standards related to the compressed natural gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. The new section implements the Texas Natural Resources Code, sec.116.012, which requires the commission to promulgate rules and standards related to the compressed natural gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. sec.13.40. Manufacturer's Nameplates and Markings on ASME Containers. (a) Compressed Natural Gas (CNG) shall not be introduced into any American Society of Mechanical Engineers (ASME) container which is not equipped with a manufacturer's original nameplate or a manufacturer's replacement nameplate permanently attached to the container. No ASME container manufactured on or after November 1, 1994, shall be used in the State of Texas unless it has attached to it a stainless steel manufacturer's nameplate. The nameplate shall be attached in a manner that will minimize corrosion of the nameplate or its attachments or that will not contribute to the corrosion of the container. (b) If the nameplate is attached directly to the container, the nameplate thickness shall be sufficient to resist distortion due to the application of markings and fusion welding. (c) Container nameplates shall be stamped or etched with the following information in legible characters: (1) the mark or symbol approved by ASME indicating compliance with the provisions of the ASME Pressure Vessel Code; (2) the name and address of the manufacturer; (3) the capacity of the container in standard cubic feet; (4) the maximum allowable working pressure of the container in pounds per square inch (psi); (5) the wording "This container shall not contain a product having a vapor pressure in excess of ------ pounds per square inch at a temperature of 100 Fahrenheit; (6) the thickness of the material used in both the shell and heads; (7) the overall length of the container, the outside diameter of the container, and the dish radius of the heads; (8) the serial number of the container; and (9) the date of manufacture. (d) Nameplates shall be attached to the container so as to remain visible after installation of the containers. (e) Containers manufactured prior to November 1, 1994, which may have corroded or rusted nameplates shall have the following minimum information readable on the manufacturer's nameplate: (1) name of the container manufacturer; (2) manufacturer's serial number; (3) working pressure; and (4) water capacity. 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 April 11, 1994. TRD-9439437 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 Subchapter C. Classification, Registration, and Examination 16 TAC sec.13.61 The Railroad Commission of Texas adopts amendments to sec.13.61, relating to licensing, without changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7394). The amendments implement provisions of Senate Bill 576, 73rd Legislature, 1993, which clarify and expand certain sections of the Texas Natural Resources Code regarding regulation of compressed natural gas. The amendments to sec.13. 61 clarify that original manufacturers of new motor vehicles powered by CNG or subcontractors of those manufacturers are exempt from the CNG licensing requirements, but that they must comply in all other respects with the regulations for compressed natural gas. The commission received no comments on the proposed amendments. The amendments are adopted under the Texas Natural Resources Code, sec.116. 012, which authorizes the commission to promulgate rules and standards related to the compressed natural gas industry and its operations, which will protect or tend to protect the health, safety and welfare of the general public. The amendments implement Texas Natural Resources Code, sec.sec.116.001, 116.002, 116. 031, 116.036, and 116.072, as amended by Senate Bill 576, 73rd Legislature, 1993. 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 April 11, 1994. TRD-9439438 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 Subchapter D. CNG Compression, Storage, and Dispensing Systems 16 TAC sec.sec.13.91, 13.93-13.95, 13.99-13.101, 13.104, 13.105 The Railroad Commission of Texas adopts amendments to sec. sec.13.91, 13. 93- 13.95, 13.99-13.101, 13.104, and 13.105, relating to applicability, general, location of installations, installation of cylinders and cylinder appurtenances, installation of piping and hoses, testing, installation of emergency shutdown equipment, operation, and fire protection, without changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7395). The amendment to sec.13.91 clarifies that subchapter D of the regulations for compressed natural gas applies to automatic dispensing operations. The amendments to sec.13.93 are made to be consistent with the LP-gas safety rules, and to add a chart relating to sign and lettering requirements. The changes include requirements that: all equipment except residential fueling facilities be protected against tampering and collision damage in accordance with the requirements of the section; guardrails be anchored a minimum of 18 inches in concrete; the top of horizontal guardrailing be a minimum of 30 inches (previously 28 inches) above the ground, and secured with welding or bolts sufficient to prevent displacement of the guardrailing; automatic dispensers be mounted on a concrete island no less than six inches above the normal grade and two inches above the grade of any other fuel dispensers. The automatic dispensers must be protected against collision damage; automatic dispensers comply with requirements relating to appurtenances and equipment being approved by a nationally recognized testing laboratory. Further, requirements for certain features on the automatic dispensers are specified, such as a key, card, or code system to access the automatic dispenser; a cutoff valve and pull-away device; and a pressure activated by-pass valve. Finally, the amendments include a provision that the commission can require an installation to have added safeguards if it is determined that exceptional circumstances exist. If a licensee disagrees with the determination of the commission, the licensee may request a hearing. The amendments to sec.13.94 include a chart relating to distance requirements and language clarifying that: compression, storage, and dispensing equipment may not be placed directly beneath an electric transmission or distribution line, or in an area six feet to either side of the line. If that distance is not adequate to keep the broken ends of a line from contacting the CNG equipment, other protection must be provided and approved by the commission prior to installation; automatic dispensers must be installed a minimum of three feed from any other CNG or flammable fuel dispenser. The amendments to sec.13.95 require that all external steel surfaces on cylinders that are subjected to direct or indirect sunlight or heat must be painted white. The amendments to sec.13.99 delete the requirement relating to hose being permitted in an inlet connection to compression equipment, because the commission's jurisdiction does not extend upstream of the inlet connection to the compression equipment. Requirements are added relating to the manner in which exterior piping may be installed (e.g., 18 inches underground, 12 inches if in an area not subjected to traffic, and protected from corrosion) . The amendments to sec.13.100 change the current requirement that pressure relief valves must be tested every five years to a requirement that they be tested according to manufacturer's instructions. The amendments to sec.13.101 include wording changes to clarify the manner in which emergency shut-down equipment is to operate. A provision is added that emergency shut-down equipment must be visible from the dispensing area. The amendments to sec.13.104 add provisions requiring that: each CNG transport carry at least two chock blocks, and that the chock blocks must be used any time the transport is parked and during the transfer of fuel; fuel dispensers, including automatic dispensers, be operated only by properly trained individuals; a consumer who operates an automatic dispenser be provided with written instructions and safe operating procedures by the licensee. Each licensee must maintain a list of all persons or entities trained; step-by-step operating instructions be posted at each automatic dispenser; each person or entity that operates a fuel dispenser other than an automatic dispenser must also be provided with written instructions and safe operating procedures. The amendments to sec.13.105 include language requiring that fire extinguishers to be provided at each automatic dispensing and refueling installation in an accessible area away from the dispensing area. No groups or associations filed comments on the proposed amendments. One comment pointed out that in the LP-gas rules, sec.9.185, Table 3 requires a distance of 15 feet between manual dispensers and other flammable fuel dispensers, and suggested that sec.13.94, Table 1 should be amended to include a similar distance requirement for CNG. The commission disagrees with this comment and declines to make the suggested change, because this would be a significant change in the CNG rules, and is beyond the scope of notice in this rulemaking. The amendments are adopted under the Texas Natural Resources Code, sec.116. 012, which authorizes the commission to promulgate rules and standards related to the compressed natural gas industry and its operations, which will protect or tend to protect the health, safety and welfare of the general public. The amendments implement the Texas Natural Resources Code, sec.116.012, which requires the commission to promulgate rules and standards related to the compressed natural gas industry and its operations, which will protect or tend to protect the health, safety and welfare of the general public. 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 April 11, 1994. TRD-9439439 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 Subchapter E. Engine Fuel Systems 16 TAC sec.13.143 The Railroad Commission of Texas adopts new sec.13.143, relating to venting of CNG to the atmosphere, without changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7402). The new section specifies that venting of CNG must be done outdoors only and that consideration must be given to such factors as distance to buildings, terrain, wind direction and velocity, and use of a vent stack so that a flammable mixture does not reach a point of ignition. The new section also requires that cylinders must be properly grounded to eliminate any possible static electrical charges prior to and during venting. No comments were received regarding adoption of the new section. The new section is adopted under the Texas Natural Resources Code, sec.116. 012, which authorizes the commission to promulgate rules and standards related to the Compressed Natural Gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. The new section implements the Texas Natural Resources Code, sec.116.012, which requires the commission to promulgate rules and standards related to the compressed natural gas industry and its operations, which will protect or tend to protect the health, safety and welfare of the general public. 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 April 11, 1994. TRD-9439440 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 Subchapter F. Residential Fueling Facilities 16 TAC sec.13.184 The Railroad Commission of Texas adopts an amendment to sec.13.184, relating to general provisions for residential fueling facilities, without changes to the proposed text as published in the October 22, 1993, issue of the Texas Register (18 TexReg 7403). The amendment deletes language relating to venting of CNG to the atmosphere because that language is included in new sec.13.143, relating to venting of CNG to the atmosphere. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Natural Resources Code, sec.116.012, which authorizes the commission to promulgate rules and standards related to the compressed natural gas industry and its operations, which will protect or tend to protect the health, safety, and welfare of the general public. The amendments implement the Texas Natural Resources Code, sec.116.012, which requires the commission to promulgate rules and standards related to the compressed natural gas industry and its operations, which will protect or tend to protect the health, safety and welfare of the general public. 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 April 11, 1994. TRD-9439441 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: June 1, 1994 Proposal publication date: October 22, 1993 For further information, please call: (512) 463-6949 TITLE 22. EXAMINING BOARDS Part XIV. Texas Optometry Board Chapter 279. Interpretations 22 TAC sec.279.5 The Texas Optometry Board adopts an amendment to sec.279.5, without changes to the proposed text as published in the February 4, 1994, issue of the Texas Register (19 TexReg 761). Section 279.5 is necessary to clarify what basic competence examinations must be preformed by the optometrist, and those which may be performed by an assistant. The amendment removes ones basic competence examination listing which is no longer a requirement under that examination, i.e., amplitude or range of convergence. No comments were received regarding adoption of the rule. The amendment is adopted under the provisions of Texas Civil Statutes, Article 4552, sec.2.14, which provide the Texas Optometry Board with the authority to promulgate procedural and substantive rules. 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 April 18, 1994. TRD-9439381 Lois Ewald Executive Director Texas Optometry Board Effective date: May 10, 1994 Proposal publication date: February 4, 1994 For further information, please call: (512) 835-1938 TITLE 30. ENVIRONMENTAL QUALITY Part I. Texas Natural Resources Conservation Commission Chapter 320. Regional Assessment of Water Quality Program for Water Quality Assessment by Watershed 30 TAC sec.320.21 The Texas Natural Resources Conservation Commission (Commission) adopts an amendment to sec.320.21, concerning the program for water quality assessment by watershed, with changes to the proposed text as published in the February 1, 1994, issue of the Texas Register (19 TexReg 706). In December, 1992, and January, 1993, a Clean Rivers Program Fee Task Force was convened to consider possible adjustments in the fee revenue for the Clean Rivers Program. The Fee Task Force consisted of several state legislators and representatives from various fee-payer groups. The amendments adopted here are in accordance with the guidance of the Fee Task Force. The commission received comments regarding the proposed fee rule amendments from the City of Austin, Brazos River Authority, Fort Worth Water Department, Guadalupe Valley Electric Cooperative, Lone Star Steel, Lower Colorado River Authority, Sabine River Authority, Texas Municipal League, Texas Utilities Services, and Fred Werkenthin, for Hung's Shrimp Farm, Taiwan Shrimp Farm Village, and the Harlingen Shrimp Farm. Two commenters stated that fees should be used only in the basin where collected. The commission believes that the intent of the legislation and the rule is to address water quality matters on a statewide basis. To allocate income and expenses strictly by basin would essentially eliminate the program in some basins while providing for comprehensive action in other basins. The procedure of directing expenditures to the basin of origin of the fees would also add considerable administrative expense to the program. Therefore, the commission did not incorporate this comment into the adopted rule. Two commenters said that a fee increase is not appropriate in the middle of the municipal fiscal year without advance notice to allow municipal budgets the opportunity to include the additional expenses. The commission acknowledges the problem, and regrets that it was not possible to control the timing of the rulemaking process so that the municipal fiscal year could be accommodated. Commission staff will continue the transition already underway to have the fee billing cycle coincide with the state fiscal year, which is essentially the same as the typical municipal fiscal year. However, in order to cover costs of water quality assessment contracts already in place, the program requires funding this fiscal year. The 1994 Regional Water Quality Assessment is due October 1, 1994, and the Commission's summary assessment report to the Governor is due December 1, 1994. The commission did not incorporate this comment into the adopted rule. One commenter asserted that metropolitan areas are penalized by virtue of the fact that municipal treatment facilities are subject to fees, but septic systems are not, and recommends a fee system that is equitable to all. The legislation states that costs of the program shall be recovered from permitted wastewater dischargers and users of water according to the records of the commission. There is a permit/license procedure regarding construction of septic tanks, but that program is largely handled by counties, river authorities, and other entities, with no associated TNRCC records. Therefore, the commission did not incorporate this comment into the adopted rule. One commenter stated that municipalities should not be assessed fees for any efforts that duplicate water quality management activities described in sec.26.177. This commenter suggests that a credit be given to municipalities for costs incurred in connection with sec.26.177 activities that are duplicated by water quality assessment activities. In association with the Clean Rivers Program, TNRCC has postponed rulemaking regarding sec.26.177. As a result, any expense incurred by a city in regard to sec.26.177 is discretionary. Also, the proposed fee rules would not create a change in regard to this matter since fees are already assessed against municipalities. Therefore, the commission did not incorporate this comment into the adopted rule. One commenter said that smaller systems are penalized via higher percentage increases than are the larger systems, and suggests that an equitable system be developed. However, costs to wastewater permit holders will depend on the permitted flow and authorized pollutant loadings of wastewater discharges so that costs to small operations will be determined on the same basis as for larger ones. In general, the percentage increase is consistent throughout the range from small to large permits; the primary exception is in regard to the larger permits where the fee is already at or near the maximum. The largest absolute increases relative to contaminated flow will be for those with flow authorizations at or near 100 MGD. For permits with authorized flow of less than 100 MGD, the percentage increase in fees for contaminated discharge is directly proportional to the flow authorization. For uncontaminated flow the charge is still proportional to the flow. For these reasons, the commission did not incorporate this comment into the adopted rule. One commenter stated that TNRCC data indicates that approximately 7.0% of the legal entities and municipalities will pay about 75% of the total amount of fees, an inequitable distribution. The comment appears to apply not to the proposed increase, but to the fees in general. Also, since fees for wastewater permits are based on authorized flow volumes and contaminant levels, those who contribute the largest amounts of wastewater and pollutants to the waters of the state will pay more than smaller dischargers, and larger water rights will pay more than smaller ones. The commission did not incorporate this comment into the adopted rule. The same commenter said that contaminated flow should not be charged at a higher rate than uncontaminated flow since proper treatment often makes "contaminated" flow a better quality than "uncontaminated", and that it is not appropriate to further penalize a discharger by using permitted pollutant loadings as a fee factor. Commission staff believes that, in general, contaminated wastewater flow is not of better quality, and that pollutant levels are another factor that reflect the total pollution load that is placed on a stream. Therefore, the commission did not incorporate this comment into the adopted rule. One commenter stated that approximately 30% of the money collected has been used by the commission for administration, and suggested lowering the administrative costs. Most of TNRCC expenditures are for assessment activity in the Rio Grande and Coastal basins, where no river authority is available to do the assessment. That activity by TNRCC staff is the same as a river authority would do if there were one available for that area, and the activity must be financed in the same manner. The portion actually used for program administration, for salaries and other support activities has been approximately 8.0% for the first two years of the program. No change in the proposed rule is appropriate relative to this comment. One commenter stated that the proposed fees will generate more than the $5 million cap specified in House Bill 2620. It is not possible to precisely estimate the collection rate at this time, but TNRCC staff has attempted to develop fee rates that will create sufficient income to fund needed activities while not exceeding the $5 million limit. In addition, an effort was made in the proposed rules to allow for the possibility of an excess by providing for a rate reduction in the next billing cycle after any exceedance. Therefore, the commission did not incorporate this comment into the adopted rule. One commenter said that the legislation specifies that users of water and wastewater permit holders will bear a portion of the costs, and that the proposal to drop irrigators is not consistent with that directive, and places additional burden on others. The Fee Task Force adopted a recommendation to exempt irrigators, and the commission accepted that recommendation. This comment was not incorporated into the adopted rule. One commenter notes that nothing in the legislation allows TNRCC to exempt any entity, and refers to an exemption for small domestic and agricultural users. This commenter also refers to entities not assessed a fee because they discharge to a publicly-owned treatment plant instead of directly to stream. Domestic and livestock water users are exempt from the need to have a permit to use water, and therefore can not be assessed a fee under this program. Also, an entity that discharges to a treatment plant would not have a wastewater permit, and thus would not be in TNRCC records, and could not be assessed a fee. This comment was not incorporated into the adopted rule. One commenter said the rules should be broadened to make it clear that any entity paying Clean Rivers Program fees can recover those costs from its customers. TNRCC has authority to regulate rates for retail public utilities, and can assert the right for them to pass on the cost of the fees. However, TNRCC has only limited authority to regulate wholesale water rates for municipalities or river authorities, resulting in questionable power to declare their right to pass on the expense of fees. This comment was not incorporated into the adopted rule. One commenter suggested modified wording to clarify the basis of fees for a water right when the authorization includes impoundment and consumptive uses, such as municipal, industrial, etc., and to specify that the fee should be relative to the consumptive use, with no fee increment for the impoundment. The suggested approach has been the practice of the Commission, even though the current rules are not specific in the matter. Therefore, sec.320.21(e) has been changed to incorporate this comment. Two commenters who stated that the proposed fees are not equitable said their operational costs are increased indirectly because their suppliers pass on the fees to them. One of them also said the direct fee and indirect fees cannot be passed on to their customers because of the competitive nature of their particular business. TNRCC has no information regarding who passes fees on to their customers. The Commission does not believe that is pertinent to the consideration of the proposed fee change, and, except in regard to retail public utilities, has no authority related to the matter. Therefore, the commission did not incorporate these comments into the rule. One commenter said the fee appears to be a tax. This comment appears to be in regard to the fees in general, and does not pertain to the proposed amendments. Also, the fees were adopted in accordance with legislative authority and direction, to be applied to a specific group which has activities directly related to the associated water quality assessment program. This comment was not incorporated into the rule. One commenter stated that the Clean Rivers Program cannot be efficient without a clearly defined long-term goal, which is lacking, and that it appears that evolution of the program will require additional increases in fees. The Clean Rivers Program Long-Term Action Plan is being developed, and will be substantially complete by the end of April, 1994. Once the Long-Term Action Plan is in final form, proposals for fee policy will be developed by the Long-Term Plan Work Group, and will be submitted to the Fee Task Force for consideration. This comment was not incorporated into the rule. One commenter said that uncontaminated flow has much less impact on the receiving stream than contaminated flow, and should be charged accordingly. This commenter stated that the proposed increase for uncontaminated flow is about 75% while the increase for contaminated flow would be about 25%. It is correct that contaminated flow has a greater impact on the receiving stream, and that the proposed percent increase for uncontaminated flow is larger than for contaminated flow. The fee proposal will help to balance the existing differential in fee assessment, while generally resulting in a relatively small absolute increase for uncontaminated flow authorizations. This comment was not incorporated into the rule. One commenter suggested changing the definition for "Hydropower use" to insert "nonconsumptive" in the text, and changing the definition for "Non-consumptive use" to delete mention of hydroelectric power. The full purpose of such a change is not clear. It would seem to have no total impact on the classification of hydropower generation as a nonconsumptive usage. Therefore, the action does not seem appropriate, and it was not incorporated into the rule. One commenter stated that where a hydroelectric water right does not specify an annual use amount, but instead reflects only an instantaneous flow rate, the fee should not be based on an amount derived by assuming the flow rate is used at all times throughout the year. This commenter suggested using one-half of the actual hydro release, or no more than one-half of the highest annual flow of the stream. Any fee calculation based on actual use will create a significant administrative effort each year, which would increase TNRCC administrative costs. All other fees for this program are calculated from the authorized wastewater discharge or authorized water use, not the actual yearly amounts. It could be possible to use a flow rate based on USGS or other flow records, but that would require time for development of the procedure. Also, it would necessarily involve keeping the same flow number as the basis each year for a particular permit, and the amount would need to be extrapolated to reflect a full year's volume. A more direct approach would be for the water right holder to have the water right amended to reflect an accurate annual amount instead of a flow rate. Wastewater and water right bills are based on authorized amounts, not actual or available amounts. This comment was not incorporated into the rule. Two commenters made statements regarding the proposed increase in hydroelectric fee rates. One statement was that the increase is too high, and one was that the hydro rate should be the same as for other nonconsumptive uses. In order to moderate the impact of the fee increase on small municipalities, and to help maintain a balance between various fee programs, adjustments were made in the fee rates for hydroelectric operations. These comments were not incorporated into the adopted rule. One commenter stated that in cases where water is used for hydroelectric purposes only when releases are made for other purposes, fees should not be charged against both uses. This commenter also said that fees should not be levied against each permit when an entity has a series of hydro facilities on a stream. Each authorization is considered to be separate, since it would be very difficult to differentiate between the various applications and the varying amounts of water that may be applied. Also, at this time, it is not administratively feasible to bill differently for dual purpose situations as compared to hydro-only situations. This is a concept that could be considered for future change. This comment was not incorporated into the adopted rule. One commenter noted that commercial shrimp farming (aquaculture) is a relatively new agricultural industry for which TNRCC regulatory practices are still being developed. The commenter stated that the industry currently has small profit margins, and cannot pass the expense of large fees on to its customers. TNRCC staff is currently developing rules regarding permit requirements for aquaculture operations, and recommends delaying assessment of Clean Rivers Program fees until associated agency regulatory rules are implemented under Chapter 321 of this title, Control of Certain Activities by Rule. Therefore, a definition of Aquaculture was added at sec.320.21(a), and sec.320.21(d) was changed to provide a exemption for aquaculture operations from Clean Rivers Program fees for wastewater permits during the first billing cycle after adoption of this rule. It is anticipated that fee rules for aquaculture wastewater permits will be adopted before the subsequent billing cycle. The amendment is adopted under the Texas Water Code, sec. sec.5.103, .105, and 5. 120, which provide the Texas Natural Resources Conservation Commission with the authority to adopt any rules necessary to carry out its powers and duties under the Texas Water Code and all other laws of the State of Texas and to establish and approve all general policy of the commission. sec.320.21. Water Quality Assessment Fees. (a) Definitions. The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicate otherwise. (1)-(4) (No change.) (5) Flow-The total by volume of all wastewater discharges authorized under a permit issued in accordance with the Texas Water Code, Chapter 26, expressed as an average flow per day, a maximum flow per day, an annual average or an annual maximum, exclusive of variable or occasional stormwater discharges. Generally, the flow amount used to calculate fees is the sum of the volumes of discharge for all outfalls of a facility, but excludes internal outfalls. However, for those facilities for which permit limitations on the volumes of discharge apply only to internal outfalls, the flow amount used to calculate fees is the sum of the volumes of discharge for all internal outfalls of the facility, exclusive of variable or occasional stormwater discharges. (6)-(7) (No change.) (8) Inactive permit-A permit which authorizes a waste treatment facility, where the facility itself is not yet operational or where operation has been suspended. (9) Industrial use-The use of water in processes designed to convert materials of a lower order of value into forms having greater usability and commercial value, including commercial feedlot operations, commercial fish production and the development of power by means other than hydroelectric. (10) Irrigation use-The use of water for the irrigation of crops, trees, and pastureland, including but not limited to golf courses and parks which do not receive water through a municipal distribution system. (11) MGD-Million gallons per day. (12) Mining use-The use of water for mining processes including hydraulic use, drilling, washing sand and gravel, and oil field repressuring. (13) Municipal use-The use of treated water within or without a municipality and its environs whether supplied by a person, privately-owned utility, political subdivision, or other entity as well as the use of municipal sewage effluent for certain purposes specified as follows. It includes the use of treated water for domestic purposes, fighting fires, sprinkling streets, flushing sewers and drains, watering parks and parkways, and recreational purposes including public and private swimming pools, the use of treated water in industrial and commercial enterprises supplied by a municipal distribution system without special construction to meet its demands, and for the watering of lawns and family gardens. Municipal use also includes the application of municipal sewage effluent upon land sites, pursuant to a Texas Water Code, Chapter 26, permit, where: (A) the primary purpose of the application is the treatment and/or necessary disposal of such effluent; or (B) the application site is a park, parkway, golf course, or other landscaped area owned by the owner of the permitted sewerage system; or (C) the effluent applied to such site is generated within an area for which the commission has adopted a no-discharge to surface water rule. (14) Navigation use-A recognized use that is not currently included in any water rights. (15) Non-consumptive use-the use of water for those purposes not otherwise designated as consumptive uses under this section, including hydroelectric power, navigation, non-consumptive recreation and other beneficial uses, consistent with the meaning of these uses and for which water may be appropriated under the Water Code, sec.sec.11.023-11.024. (16) Other use-Any beneficial use not otherwise defined herein. (17) Recreational use-The use of water impounded in or diverted or released from a reservoir or watercourse for fishing, swimming, water skiing, boating, hunting, and other forms of water recreation, including aesthetic land enhancement of a subdivision, golf course or similar development. (18) Recharge use-The use of surface water to either increase the amount of natural recharge to an underground aquifer or the injection of water into an aquifer. (19) TOC-Total organic carbon. (20) Traditional pollutants-the wastewater parameters typically found in wastewater permits, specifically oxygen demand (BOD/COD/TOC), total suspended solids (TSS) and ammonia. For the purpose of this section, COD and TOC are converted to BOD values, and the higher value is used in fee calculations. COD and TOC are expressed in terms of BOD at the rate of three pounds of TOC equal to one pound of BOD (3:1) or eight pounds of COD equal to one pound of BOD (8:1). (21) TSS-Total suspended solids. (22) Wastewater permit-A permit issued by the commission under authority of the Texas Water Code, Chapter 26, including those permits issued under the authority of both the Texas Water Code, Chapter 26, and other statutory provisions (such as the Health and Safety Code, Chapter 361). For the purpose of this section, a permit shall include any authorization under Water Code, Chapter 26, to treat or discharge wastewater, including a registration or permit by rule. (23) Water right-A right acquired under the laws of the state and the rules of the commission to impound, divert, or use state water. (24) Aquaculture-The commercial propagation of aquatic species utilizing ponds, lakes, fabricated tanks and raceways, or other similar structures. (b) For the purpose of recovery of the costs of development of regional water quality assessments and administration of the provisions of this chapter, a fee is assessed against water right holders and wastewater permit holders in each watershed of the state in proportion to their right to use water from, or to discharge wastewater into, the watershed. The fee calculation is based on the authorized limits contained in wastewater permits and water rights as of September 1 each year. All fee calculations are to be based on the parameters specified in the permit or water right without regard to the actual amount or quality of effluent discharged or the actual amount of water used. Fees do not apply to those domestic and livestock water use applications which are exempt from the need for authorization from the commission. (c) Wastewater permit holders shall be assessed a fee based on the authority of a permittee to dispose of or discharge wastewater under a permit or other authorization issued pursuant to the Texas Water Code, Chapter 26. The fee shall be assessed on the basis of permitted flow and traditional pollutant limits and determined as the sum of factors in paragraphs (1)-(3) of this subsection. When calculating the charge based on flow, this amount shall be calculated based on the daily average flow limit in the permit. For permits that do not have a daily average flow limit, the charge shall be based on 50% of the daily maximum flow limit. (1) for contaminated discharges, $375 per MGD; (2) for uncontaminated discharges, $1.75 per MGD; (3) for each traditional pollutant, $3 per pound per day. (d) The annual fee assessed for each wastewater discharge permit shall be a minimum of $300 and shall not exceed $40,000. The fee for a permit which does not authorize the discharge of wastewater, including evaporation and land disposal permits, shall be $200. The fee for an inactive permit shall be $150. No fee will be assessed for aquaculture wastewater permits. (e) For municipal or industrial water rights, or portions thereof, not directly associated with a facility or operation which is assessed a fee under subsection (c) or (d) of this section, and for all other types of water rights except irrigation, each water right holder shall pay a fee based on the authorization to impound, divert or use state water. The fee for each water right authorizing diversion of more than 250 acre-feet per year for consumptive use, other than for irrigation, shall be $.22 per acre-foot up to 20,000 acre- feet, and $.08 per acre-foot thereafter. An authorization to impound water will be assessed a fee only when there is no associated consumptive use authorized, and then the fee will be calculated at the nonconsumptive rate described below. Except for water rights for use for hydroelectric generation, the fee shall be $.021 per acre-foot for water rights for non-consumptive use above 2,500 acre- feet per year up to 50,000 acre-feet, and $.0007 per acre-foot thereafter. The fee for water rights for use for hydroelectric generation shall be $.04 per acre-foot per year up to 100,000 acre-feet and $.004 per acre-foot thereafter. (f) Water which is authorized in a water right for consumptive use, but which is designated by a provision in the water right as unavailable for use may be exempted from the assessment of a fee under subsection (e) of this section. (g) A retail public utility as defined by Texas Water Code, sec.13.002 which is subject to a water quality assessment fee under this chapter may collect from each customer a charge to recover the amount of the fee assessed. The total amount recovered by a retail public utility shall not exceed the amount assessed under this chapter plus any reasonable costs of collection. Any pass-through mechanism for the fees shall be fair and equitable for all customers and may be subject to review by the commission. (h) The portion of a water quality assessment fee recovered from a customer of a retail public utility may be listed on the customer's bill as a separate item and may be collected in addition to other regulatory assessments or charges for utility services. (i) The portion of a water quality assessment fee recovered from a customer by a retail public utility is not part of the rates of that utility. This provision shall apply to a retail public utility providing water and/or wastewater service. (j) Water quality assessment fees are due within 30 days of the billing date each year. However, for the first billing cycle after adoption of these rules, the fees are due within 60 days of the billing date. Fees shall be paid by check, either personal or certified, or by money order payable to the Texas Natural Resource Conservation Commission. A person failing to make payment of the fees imposed under this section when due shall be subject to a penalty of 5.0% of the amount due, and if the fees are not paid within 30 days after the day on which the fees are due, an additional 5.0% penalty shall be imposed. An annual interest rate of 12%, compounded monthly, shall be imposed on delinquent fees beginning 60 days from the date on which the fee is due. (k) New wastewater permits and water rights granted after September 1 will be billed at the next regular billing date. Any change in authorization will not affect any fee already billed for the year in which the authorization change is made. Cancellation or revocation, whether by voluntary action on the part of the permittee or water right holder or as a result of proceedings initiated by the commission, will not constitute grounds for a refund of any water quality assessment fee previously paid. (l) The commission shall monitor both the collection of fees under this section and the allocation of fee revenues under sec.320.22 of this title (relating to Allocation of Water Quality Assessment Fee Revenue) for the river basins of the state. The commission shall adjust the fee rates established under this section to the extent necessary to ensure the adequate support of the programs undertaken to implement this chapter and the equitable assessment of fees within each watershed and region of the state. If the fees collected for this program in any fiscal year should exceed $5,000,000 by more than 1.0%, the commission shall make a proportional downward adjustment of the fee rates for the next fiscal year to attempt to limit the collection to $5,000,000 per year. 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 April 18, 1994. TRD-9439376 May Ruth Holder Director, Legal Division Texas Natural Resources Conservation Effective date: May 10, 1994 Proposal publication date: February 1, 1994 For further information, please call: (512) 463-8069