PROPOSED 
 RULES 
 
 Before an agency may permanently adopt a new or amended section or repeal an 
existing section, a proposal detailing the action must be published in the  
Texas Register at least 30 days before action is taken. The 30-day time period 
gives interested persons an opportunity to review and make oral or written 
comments on the section. Also, in the case of substantive action, a public 
hearing must be granted if requested by at least 25 persons, a governmental 
subdivision or agency, or an association having at least 25 members. 
  Symbology in proposed amendments. New language added to an existing section is 
indicated by the use of  bold text. [Brackets] indicate deletion of existing 
material within a section. 
 
   
  TITLE 4. AGRICULTURE 
 Part I. Texas Department of Agriculture 
  Chapter 17. Marketing and Development Division 
  
  Certification of Farmers Market 
 
  4 TAC sec.sec.17.70-17.74 
 
  The Texas Department of Agriculture (the department) proposes amendments to 
sec.sec.17.70-17.74, concerning Certification of Farmers Market. The proposed 
amendment to sec.17.70 changes the definition of applicant to provide that an 
applicant may be represented by an authorized agent. In addition, the 
definitions of farmers market and certified farmers market have been changed to 
track the statutory definition. The proposed amendment to sec.17.71 clarifies 
that farmers markets may be certified in accordance with these rules and the 
Texas Agriculture Code, Chapter 15. In addition, under the current rules, 
certified markets are issued a plaque, which the market must display at the main 
entrance to the market. The amendment provides that certified farmers markets 
will continue to receive a certificate, but will no longer be issued a plaque. 
The proposed amendment to sec.17.72(a) changes the reference to the department's 
district offices to regional offices, to reflect the current organization of the 
department. The proposed amendment to sec.17.72(b) changes the time period from 
receipt of application to approval or denial of same from 30 to 45 days, in 
order to better reflect the actual time it takes to review an application, 
particularly in light of the new requirements to be imposed by these amendments. 
The proposed amendment to sec.17.72(b) further provides that a farmers market 
certification expires on December 31 of the year of issuance. The proposed 
amendment to sec.17.72 also adds new subsection (c) which requires that 
certifications be renewed annually, and provides the procedure by which 
certifications may be renewed. Under the current rule, there are no provisions 
related to the renewal of a certificate, making it difficult for the department 
to monitor and maintain up-to-date information on the markets. The proposed 
amendment to sec.17.73(2) provides that, in order to be eligible for 
certification, a market must file with the department, annually, a copy of its 
bylaws, a list of members of the governing body, a list of its members, and a 
description of the market's location, and the seasons, days, and hours of 
operation. This provision makes it possible for the department to receive and 
maintain current information on its certified markets. Also, the annual filing 
of the market's bylaws assists the department in monitoring the market's 
compliance with the new requirements to be imposed by these amendments. The 
proposed amendment to sec.17.73(3) deletes the requirements that at least 50% of 
all agricultural products sold at the market are Texas-grown and that at least 
50% of the sellers are farmers and ranchers. Instead, the proposed amendment to 
sec. 17.73(3) provides that the farmers market association bylaws must require 
that a certain percentage of agricultural products sold through the market are 
grown in Texas, and the proposed amendment to sec.17.73(4) provides that the 
bylaws must require that a certain number of members, no less than two, are 
farmers selling their own produce. These changes are necessary in order to allow 
farmers markets to operate on a year-round basis, rather than be limited to the 
seasons and types of produce grown in the surrounding area. In other words, the 
change allows markets to permit farmers, or others, to bring in produce from 
other areas in order to keep the market open during the off-season to better 
serve both the farmers and consumers. In addition, since the requirements will 
be incorporated into the bylaws of the market, the markets will become more 
self-policing. The current sec.17.73(4) has been renumbered as sec.17.73(5) and 
provides that the farmers market association bylaws must require that the 
agricultural products sold at the market must be of merchantable quality. The 
proposed amendment to sec.17.74 changes the title of this section from "Appeal" 
to "Withdrawal of Certification," in order to more accurately reflect the 
content of the rule. In addition, the amendment provides that the failure of the 
farmers market to enforce the mandatory bylaws provisions required by sec.17.73 
is grounds for withdrawal of the market's certification. This provision ensures 
that farmers markets will enforce the mandatory bylaws provisions, or face the 
loss of their certification. The proposed amendment to  s17.74(b) contains 
changes to statutory cites. 
 Susan Dunn, director for food marketing, has determined that for the first 
five-year period the sections are in effect there will be fiscal implications 
for state government as a result of enforcing or administering the sections. The 
cost to the department of monitoring the farmers market program should decrease 
in that the farmers market associations will now have a greater responsibility 
to police themselves and their members or risk losing their certification. There 
will be no fiscal implications for local governments as a result of enforcing or 
administering the sections. 
 Ms. Dunn also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be better data collection by the department, better monitoring 
of the markets by the department due to the ongoing collection of more 
information by the department, greater self-policing of the markets, and the 
more efficient operation of the program. The only effect on small or large 
businesses will be that farmers market associations may have to change their 
bylaws to meet the new requirements. Those costs are expected to be minimal. The 
economic cost to persons who are required to comply with the sections as 
proposed will be the same as the cost to small and large businesses, that is, 
the extent to which associations must change their bylaws to comply with the 
sections as proposed. 
 Comments on the proposal may be submitted to Susan Dunn, Director of Food 
Marketing, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. 
Comments must be received no later than 30 days from the date of publication of 
the proposal in the Texas Register. 
 The amendments are proposed under the Texas Agriculture Code, Chapter 15, which 
provides the Texas Department of Agriculture with the authority to develop a 
farmers market certification program; and, Texas Government Code, sec.2001.004, 
which requires that the department adopt rules of practice stating the nature 
and requirements of all available formal and informal procedures. 
 The Texas Agriculture Code, Chapter 15, is affected by this proposal. 
 
 
  sec.17.70. Definitions.  The following words and terms, when used in this 
undesignated head, shall have the following meanings, unless the context clearly 
indicates otherwise. 
   
   Applicant-A farmers market manager <nl>or other authorized agent<ol>[, or 
other members of the governing body] for a specified farmers market  
<nl>association<ol> [location]. 
   
   Certified farmers markets-<nl>Farmers markets that have been certified by the 
Texas Department of Agriculture pursuant to this chapter<ol> [Locations 
recognized by the state agriculture commissioner, where Texas agricultural 
products are sold by Texas producers directly to consumers]. 
   
   Commissioner-<nl>The commissioner<ol> [Commissioner] of the Texas Department 
of Agriculture. 
   
   Farmers market -<nl>An association operating one or more locations at which a 
group of two or more farmers offer produce for retail sale <ol> [A well-located 
site with or without permanent facilities where agricultural producers sell 
their own products directly to consumers]. 
 
   
  sec.17.71. Issuance of [Certification Plaque and] Certificate. <nl> The 
commissioner shall certify farmers markets in accordance with this chapter and 
the Texas Agriculture Code, Chapter 15.<ol> Upon certification of a farmers 
market, the [state agriculture] commissioner shall issue, at no cost to the 
market, a [certified] farmers market [plaque and] certificate. [The plaque shall 
be prominently displayed at the main entrance to the market.] Certified farmers 
markets agree to comply with local municipal, county and state health and safety 
regulations, and general requirements of the Texas Department of Agriculture. 
 
   
  sec.17.72. Application Process. 
 
  (a) An applicant seeking certification must submit a completed application on 
a form approved by the Texas Department of Agriculture to the state headquarters 
in Austin. Application forms may be obtained from any <nl>regional<ol> 
[district] office and/or state headquarters of the Texas Department of 
Agriculture. 
   
  (b)  Within <nl>45<ol> [30] days of receipt of  <nl>a completed<ol> [an] 
application for certification, the commissioner or an authorized agent shall 
notify <nl>the<ol> [an] applicant in writing, of the approval or denial of his 
application. <nl>If approved, the department shall mail to the registrant the 
farmers market certificate, which shall expire on December 31 of the year of 
issuance. 
   
  <nl>(c) Certifications must be renewed annually. Between December 1, and 
December 31, annually, the department shall mail to each certified farmers 
market a renewal form setting forth the requirements for renewal. Within 30 days 
of receipt of the renewal form, the farmers market shall complete and return the 
form to the department, together with all items required by sec.17.73(2) of this 
title (relating to Eligibility Requirements) to be filed with the department on 
an annual basis. 
 
     
  sec.17.73. Eligibility Requirements. <ol> A farmers market  <nl>is eligible 
for certification <ol> [may be certified] if: 
 
  (1) (No change.) 
   
  (2) the applicant has filed <nl>annually <ol> with the <nl>Texas <ol> 
Department of Agriculture at the state headquarters office in Austin, a copy of 
the <nl>farmers market association<ol> [market's] bylaws <nl>, a list of the 
members of the governing body,<ol> [and] a list of the association members <nl>, 
a description of the market location, and the seasons, days, and hours of 
operation;<ol>[.] 
   
  (3) <nl>the farmers market association bylaws require that a certain 
percentage of all agricultural products sold through the farmers market are 
grown in Texas;<ol> [on an annual basis, at least 50% of all agricultural 
products sold at market locations are produced in Texas and at least 50% of the 
sellers are Texas farmers and ranchers; and] 
   
  (4) <nl>the farmers market association bylaws require that a certain number, 
at least two or more, of its members are farmers selling their own produce; 
and<ol> [all agricultural products sold at the applicant market shall be of good 
quality as determined by the commissioner.] 
   
  <nl>(5) the farmers market association bylaws require that all agricultural 
products sold at the market shall be of merchantable quality. 
 
     
  sec.17.74. <nl>Withdrawal of Certification. [Appeal.] 
 
  (a)  A [certified] farmers market's certification may be withdrawn for failure 
to adhere to any of the requirements set out in sec.17.73 of this title 
(relating to Eligibility Requirements)<nl>, including failure of the farmers 
market association to enforce any of the mandatory bylaws provisions, or<ol> 
[and] violation of any general rules and regulations of the Texas Department of 
Agriculture. 
   
  (b) Proceedings for the revocation of certification shall be conducted in the 
manner provided for contested cases by the Administrative Procedure [and Texas 
Register] Act, Texas  <nl>Government Code, Chapter 2001 <ol> [Civil Statutes, 
Article 6252-13a], and Chapter 1 of this title (relating to General Practice and 
Procedure). 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 29, 1995. 
 TRD-9510927 
  Dolores Alvarado Hibbs 
 Chief Administrative Law Judge 
 Texas Department of Agriculture 
    Earliest possible date of adoption: October 6, 1995 
 For further information, please call: (512) 463-7583 
         
               Chapter 19. Seed Division 
  
  Texas Seed Law 
 
  4 TAC sec.19.3 
 
  The Texas Department of Agriculture (the department) proposes an amendment to 
sec.19.3, concerning noxious weed seeds. The proposed amendment adds tropical 
soda apple (Solanum viarum Dunal) seeds to the existing list of noxious weed 
seeds. The addition of Solanum viarum Dunal to the list of noxious weed seeds 
will enable Noxious Weed Control Districts to establish guidelines for keeping 
this noxious weed out of agricultural producing areas. 
 David Kostroun, plant quality coordinator, has determined that for the first 
five-year period the section is in effect there will be no effect on state 
government as a result of enforcing or administering the section. However, local 
government may incur costs of approximately $5,000 per year if it decides to 
control or eradicate the weed when found in the early stages of infestation. 
 Mr. Kostroun also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be a reduced artificial spread of the tropical soda apple. There 
will be no effect on small or large businesses. There is no anticipated economic 
cost to persons who are required to comply with the section as proposed. 
 Comments on the proposal may be submitted to David Kostroun, Coordinator for 
Plant Quality, P.O. Box 12847, Austin, Texas 78711 and must be received no later 
than 30 days from the date of publication of the proposal in the Texas Register. 
 The amendment is proposed under the Texas Agriculture Code, sec.61.003, which 
provides the Texas Department of Agriculture with the authority to adopt rules 
as necessary for the efficient enforcement of the Texas Seed Law. 
 The code affected by this proposal is the Texas Agriculture Code, Chapter 61. 
 
 
  sec.19.3. Noxious Weed Seeds. It shall be unlawful to sell, offer for sale, or 
expose for sale any agricultural or vegetable seed for planting purposes within 
this state containing noxious weed seed in excess of the following limitations 
per pound. 
 
  (1) Prohibited noxious weed seeds are: 
     
  <ol>Figure: 4 TAC  s19.3(1) 
 
  (2)-(6) (No change.) 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 29, 1995. 
 TRD-9510926 
  Dolores Alvarado Hibbs 
 Chief Administrative Law Judge 
 Texas Department of Agriculture 
    Earliest possible date of adoption: October 6, 1995 
 For further information, please call: (512) 463-7583 
         
                   
  TITLE 16. ECONOMIC REGULATION 
 Part I. Railroad Commission of Texas 
  Chapter 3. Oil and Gas Division 
  
  Conservation Rules and Regulations 
 
  16 TAC sec.3.10 
 
  The Railroad Commission of Texas proposes an amendment to sec.3.10, concerning 
production of oil and gas from different strata. The proposed amendment conforms 
sec.3.10 to Texas Natural Resources Code sec.85.046 and sec.86. 012, as amended, 
which will be effective on September 1, 1995. The proposed amendment to 
sec.3.10, authorizes the commission, after notice and an opportunity for 
affected parties to request a hearing, to approve commingled production without 
a hearing. Approval without a hearing is authorized when neither the applicant 
nor the parties entitled to notice have requested a hearing and the commission 
finds that production in a commingled state will prevent waste, promote 
conservation or protect correlative rights. 
 Rita E. Percival, systems analyst for the Oil and Gas Division, has determined 
that for the first five-year period the section is in effect there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the section. 
 Colin K. Lineberry, hearings examiner in the Legal Division, has determined 
that for each year of the first five years the section is in effect the public 
benefit anticipated as a result of enforcing the section will be a reduction of 
the regulatory burden by removing the requirement that a hearing be held on 
every initial application for approval of commingled production. There will be 
no effect on small businesses. There are no anticipated additional economic 
costs to persons who are required to comply with the section as proposed. 
 Comments may be submitted to Colin K. Lineberry, hearings examiner, Legal 
Division-Oil and Gas Section, Railroad Commission of Texas, P.O. Box 12967, 
Austin, Texas 78711-2967. The deadline for filing comments is 30 days after 
publication in the  Texas Register. Comments should refer to the docket number 
of this rule making proceeding, 20-0209676. 
 The amendment is proposed pursuant to Texas Natural Resources Code, sec.91. 
101, which authorizes the commission to prevent waste of oil and gas and to 
protect correlative rights. 
 The following code section is affected by this rule: Texas Natural Resources 
Code, sec.91.101. 
 
 
  sec.3.10. Restriction of Production of Oil and Gas from Different Strata. 
 
  (a) (No change.) 
   
  (b) Exception. 
 
  (1) After notice and <nl>opportunity for <ol> hearing, the commission may 
grant an exception to subsection (a) of this section to permit production from a 
well or wells commingling oil or gas or oil and gas from two separate reservoirs 
or multiple stratigraphic or lenticular accumulations of oil or gas or oil and 
gas if commingled production will: 
 
  (A)-(C) (No change.) 
     
  (2) Subsequent exceptions<nl>,<ol> for wells producing from the same 
reservoirs<nl>, <ol> may be granted administratively without further notice and 
<nl>opportunity for<ol> hearing. 
     
  (c) (No change.) 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 29, 1995. 
 TRD-9510940 
  Mary Ross McDonald 
 Assistant Director Legal Division-Gas Utilities/LP Gas 
 Railroad Commission of Texas 
    Earliest possible date of adoption: October 6, 1995 
 For further information, please call: (512) 463-7008 
         
         
  The Railroad Commission of Texas proposes to repeal sec.3.21, concerning fire 
prevention and swabbing, and concurrently to propose new sec.3.21, to address 
the fire hazard risks associated with modern drilling and production practices. 
This section specifies certain precautionary practices that the commission has 
determined are necessary to reduce the risk of causing fires during lease 
operations. The current rule contains out-dated language and refers to equipment 
and practices no longer necessary and/or in use. 
 Rita E. Percival, Systems Analyst for the Oil and Gas Division,has determined 
that for the first five-year period the repeal and section are in effect there 
will be no fiscal implications for state or local government as a result of the 
repeal and section. There will be no fiscal implications for local government. 
There will be no cost of compliance with the proposed rule revision for small 
businesses as a result of enforcing or administering it. 
 Mr. Jeffrey T. Pender, Hearings Examiner, Legal Division, has determined that 
for each year of the first five years the section and repeal are in effect, the 
public will benefit from the reduced likelihood that operations subject to 
Railroad Commission regulation will cause, or be likely to cause a fire hazard. 
 Comments may be submitted to Jeffrey Pender, Legal Division-Oil and Gas 
Section, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967. 
Comments will be accepted for 30 days after publication in the Texas Register . 
     
  16 TAC sec.3.21 
 
  (Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Railroad 
Commission of Texas or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.) 
   
  The repeal is proposed pursuant to Texas Natural Resources Code, sec.81. 051 
and sec.81.052, which provides the commission with jurisdiction over all persons 
owning or engaged in drilling or operating oil or gas wells in Texas and the 
authority to adopt all necessary rules for governing and regulating persons and 
their operations under the jurisdiction of the commission. Further, 
sec.85.202(a)(4) provides the commission with the authority to promulgate rules 
requiring wells to be drilled and operated in a manner that will prevent injury 
to adjoining property. 
 The proposed repeal affects the following provisions of the Natural Resources 
Code. Texas Natural Resources Code, sec. s81.051, 81.052, 85.202(a)(4). 
 
 
  sec.3.21. Fire Prevention and Swabbing. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 29, 1995. 
 TRD-9510941 
  Mary Ross McDonald 
 Assistant Director Legal Division-Gas Utilities/LP Gas 
 Railroad Commission of Texas 
    Earliest possible date of adoption: October 6, 1995 
 For further information, please call: (512) 463-7008 
         
         
  
  The new section is proposed pursuant to Texas Natural Resources Code, 
sec.81.051 and sec.81.052, which provides the commission with jurisdiction over 
all persons owning or engaged in drilling or operating oil or gas wells in Texas 
and the authority to adopt all necessary rules for governing and regulating 
persons and their operations under the jurisdiction of the commission. Further, 
sec.85.202(a)(4) provides the commission with the authority to promulgate rules 
requiring wells to be drilled and operated in a manner that will prevent injury 
to adjoining property. 
 The proposed new section affects the following provisions of the Natural 
Resources Code. Texas Natural Resources Code, sec.sec.81.051, 81.052, 
85.202(a)(4). 
 
 
  sec.3.21. Fire Prevention and Swabbing. 
 
  (a) Definitions. The following words and terms, when used in this section, 
shall have the following meanings, unless the context clearly indicates 
otherwise. 
 
  (1) Tank-Any permanent or temporary storage vessel that is maintained at or 
near atmospheric pressure and contains crude oil, condensate or produced water 
except temporary storage tanks used for less than 30 days for such activities, 
including but not limited to, swabbing, periodic well tests and 
workover/completion operations. 
   
  (2) Secondary containment-Structures such as dikes, berms, fire walls, 
impoundment areas or drainage systems designed to prevent the escape of oil, 
condensate or produced water from the immediate vicinity of a tank in the event 
of tank failure. 
   
  (3) Drainage system-Controls appropriate to manage the flow of liquids so as 
to divert the liquids away from certain adjoining property or waterways and 
toward impoundment areas. 
   
  (4) Waters of the State-Any lake, bay, pond, impounding reservoir, spring, 
river, stream, creek, estuary, marsh, inlet, canal, the Gulf of Mexico inside 
the territorial limits of the state, or any other body of surface water, natural 
or artificial, inland or coastal, fresh or salt, navigable or non-navigable, and 
including the beds and banks of any watercourse or body of surface water that is 
wholly or partially inside or bordering the state or inside the jurisdiction of 
the state. 
     
  (b) Secondary containment, when required, shall be constructed and maintained 
to confine 100% of the maximum volume of the largest tank within the containment 
area. Secondary containment shall be constructed if the tanks are located: 
 
  (1) Within the corporate limits of any city, town, or village; 
   
  (2) Within 500 feet of any highway or habitable building; 
   
  (3) Within 1,000 feet of any school or church; 
   
  (4) Such that it could be reasonably expected that upon failure, the tank or 
tanks would probably discharge crude oil, condensate or produced water into or 
upon waters of the state; 
   
  (5) In any state, federal, county, municipal park or wildlife refuge to the 
extent it is not precluded by the park or refuge requirements; 
   
  (6) In any other area where the commission, through its employees or agents, 
determines that secondary protection is necessary to protect the population or 
waters of the State. 
     
  (c) No permanent tank shall be located nearer than 150 feet from any habitable 
building unless the building was erected subsequently. 
   
  (d) All tanks that present a potential gas escape hazard shall be provided 
with proper gas vents. 
   
  (e)  Any accumulation of rubbish or debris that might constitute a fire hazard 
shall be removed from the vicinity of any well, tank, pump station, compression 
station, or any spark or flame emitting apparatus. All rubbish and debris shall 
be removed from within the secondary containment. 
   
  (f)  For good cause shown, the commission or its delegate may administratively 
grant exceptions to subsections (b)-(e) of this section. If the commission or 
its delegate declines to administratively grant, continue, or extend an 
exception, the operator may request a hearing. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 29, 1995. 
 TRD-9510942 
  Mary Ross McDonald 
 Assistant Director Legal Division-Gas Utilities/LP Gas 
 Railroad Commission of Texas 
    Earliest possible date of adoption: October 6, 1995 
 For further information, please call: (512) 463-7008 
         
                   
  TITLE 22. EXAMINING BOARDS 
 Part XXXII. State Board of Examiners for Speech-Language Pathology and 
Audiology 
  Chapter 741. Speech-Language Pathologists and Audiologists 
  
  The State Board of Examiners for Speech-Language Pathology and Audiology 
(board) proposes amendments to sec.sec.741.65, 741.85, 741.103 and 741.181; and 
new sec.741.67 and sec.741.200, concerning speech-language pathology and 
audiology. Specifically, the sections cover qualifications for and job duties 
that an assistant may or may not perform; required application material; 
qualification for a limited license to practice in the public schools; and 
suspension and reinstatement of a license for failure to pay child support. The 
amendments reorganize and clarify the duties and supervision of an assistant; 
clarify how an applicant who did not accumulate the required clinical 
observation or clinical assisting experience required for an assistant's license 
may do so; establish a method to allow the board to approve a specific clinical 
observation or experience sponsor who submits such a proposal to the board; 
clarify and delete unnecessary language concerning required application 
materials; define application materials required for a limited license; and 
establish the fee required to reinstate a license that had been suspended for 
failure to pay child support. New sec.741.67 and sec.741. 200 are necessary to 
implement legislation passed by the 74th Legislature, 1995. Section 741.67 
establishes the qualifications for a limited license to practice in the public 
schools. Section 741.200 establishes the procedures to suspend and reinstate a 
license for failure to pay child support. 
 Bernie Underwood, C.P.A., Chief of Staff, Associateship for Health Care Quality 
and Standards, has determined that for the first five-year period the proposed 
sections are in effect there may be fiscal implications for state or local 
government as a result of enforcing or administering the rules. There should be 
no economic cost relating to the amendments to sec.sec.741.65, 741.85, or 
741.103. Implementation of new sec.741.67 and  s741.200 and the amendment to 
sec.741.181 will have fiscal implications. The first year the projected cost is 
estimated at $41,638 which would include: travel for board members to develop 
rules by the January 1, 1996 deadline; employ one additional office staff; 
office equipment for the new position; and related costs. For the remaining 
four-year period the projected cost is $26,864. The board cannot estimate the 
amount of revenue that may be required or generated as a result of reinstating a 
license for failure to pay child support because, at the present time, we do not 
know how many licensees will be affected. Since this program operates on fee 
funds collected from licensees, the projected cost would be offset by the 
collection of fees. 
 Ms. Underwood also has determined that for each year of the first five years 
that the proposed sections are in effect, the public benefit anticipated as a 
result of enforcing the sections will be to clarify the requirements, job duties 
and supervision of an assistant to ensure that the assistant does not mentally 
or physically harm a client and to simplify the section defining the required 
application material to avoid misunderstandings and delays during processing of 
an application. It is unsure how the new section concerning the limited license 
for practice in the public schools will benefit the public since an individual 
who holds the Texas Education Agency certificate in speech and hearing therapy 
may practice in the public schools with that certificate. This requirement will 
create a economic cost to the individual of approximately $70 for the first year 
and $30 for following years in addition to the cost of earning the required 
continuing education for renewal of the license. The new section that 
establishes the procedures to suspend and reinstate a license for failure to pay 
child support may ensure that the children of Texas receive the compensation 
awarded by the court. There is no anticipated cost to small business. There may 
be impact on local employment if a license has been suspended for failure to pay 
child support. 
 Comments on the proposal may be submitted to Dorothy Cawthon, State Board of 
Examiners for Speech-Language Pathology and Audiology, 1100 West 49th Street, 
Austin, Texas 78756-3183, (512) 834-6627. Public comments will be accepted for 
30 days after publication of the sections in the Texas Register . 
   
  Subchapter E. Requirements for Licensure and Registration of Speech-Language 
Pathologists 
 
  22 TAC sec.741.65, sec.741.67 
 
  The amendment and new section are proposed under Texas Civil Statutes, Article 
4512j, sec.5, which provide the State Board of Examiners for Speech-Language 
Pathology and Audiology with the authority to adopt rules necessary to 
administer and enforce Article 4512j; sec.12 relating to rules on the 
examination; and sec.13A relating to rules on the limited license to practice in 
the public schools. 
 These proposed sections affect Texas Civil Statutes, Article 4512j and the 
Family Code, Chapter 232. 
 
 
  sec.741.65. Requirements for an Assistant in Speech-Language Pathology 
License. 
 
  (a) An assistant is an individual who provides <nl>speech-language pathology 
support<ol> services <nl>to<ol> [and support of] clinical programs  <nl>under 
supervision<ol> of [speech-language pathology and is supervised by] a licensed 
speech-language pathologist. 
 
  [(1) An applicant who applies for an assistant in speech-language pathology 
license prior to September 1, 1994, must meet the following requirements: 
 
  [(A)  a baccalaureate degree as shown on an original transcript filed with the 
board; 
   
  [(B) no fewer than 21 semester hours in speech-language pathology and/or 
audiology, at least nine of which must be in the area for which license is being 
sought; 
   
  [(C) the filing of original transcripts which shall be reviewed as in 
sec.741.61(11) of this title (relating to Requirements for a Speech-Language 
Pathology License); and 
   
  [(D) a supervisory responsibility statement submitted upon application and 
each subsequent renewal or with a change of supervisor.] 
       
  <nl>(b)<ol>[(2)]  An applicant [who applies] for an assistant in speech-
language pathology license [on or after September 1, 1994,] must meet the 
following requirements: 
 
  <nl>(1)<ol>[(A)] a baccalaureate degree with an emphasis in speech-language 
pathology or audiology; 
   
  <nl>(2)<ol>[(B)] no fewer than 24 semester hours in speech-language pathology 
and/or audiology, at least nine of which must be in the area for which license 
is being sought; 
   
  <nl>(3)<ol>[(C)] no fewer than 25 hours of clinical observation and 25 hours 
of clinical <nl>assisting experience<ol> [practicum] obtained within an 
educational institution or in one of its cooperating programs [or completed 
under supervision of an individual licensed by this board. If an applicant has 
not obtained the hours within an educational institution or in one of its 
cooperating programs, the applicant may file a written request describing how 
the applicant wishes to obtain the hours and how the applicant's plan would 
insure appropriate training and experience for the applicant. The board may ask 
for further information or revisions before approving or disapproving the plan. 
If approved, an assistant's license shall be issued and the individual shall 
complete the hours in accordance with the board approved plan within 60 days. If 
the board office does not receive proof of successful completion of the hours by 
the end of the 60 days, the individual shall be considered to have voluntarily 
surrendered the assistant license]; 
   
  <nl>(4)<ol>[(D)]  the filing of original or certified copy of transcript(s) 
which shall be reviewed as in sec.741.61(11) of this title (relating to 
Requirements for a Speech-Language Pathology License); and 
   
  <nl>(5)<ol>[(E)] a supervisory responsibility statement submitted <nl>by the 
licensed speech-language pathologist responsible for services provided by the 
assistant <ol> [upon application and each subsequent renewal or with a change of 
supervisor]. 
     
  <nl>(c) If an applicant has not obtained the hours referenced in subsection 
(b)(3) of this section, the applicant may file a written request for an 
alternative method to obtain the hours. A deficiency plan for the clinical 
observation and/or assisting experience designed and signed by an appropriate 
sponsor must be submitted with the application and fee. Such a plan must be 
approved by the board and the license issued before any observation or clinical 
assisting experience clock hours may begin. The board may ask for further 
information or revisions before approving or disapproving the plan. If approved, 
an assistant license shall be issued upon payment of the initial license fee. 
The individual shall then complete the hours in accordance with the board 
approved plan within 60 days. If the board office does not receive proof of 
successful completion of the hours by the end of the 60 days, the individual 
shall be considered to have voluntarily surrendered the assistant license. 
   
  <nl>(d) Direct supervision of speech-language pathology duties assigned to the 
assistant shall be provided by a licensed speech-language pathologist. 
 
  <nl>(1) The assistant's initial client contact shall be directly supervised. 
Thereafter, the minimum supervision requirements for an assistant by the 
licensed speech-language pathologist shall be no less than two hours a week, at 
least half of which is direct on-site supervision at the location where the 
assistant is employed. If an alternative arrangement is needed, the licensed 
speech-language pathologist must submit a proposed plan for review by the board 
or the appropriate committee to determine if the plan is acceptable. Indirect 
methods of supervision such as audio and/or video tape recording, telephone 
communication, numerical data, or other means of reporting may be utilized. 
   
  <nl>(2)  Supervisory records shall be maintained by the licensed speech-
language pathologist which verify regularly scheduled monitoring, assessment, 
and evaluation of the assistant's and clients' performance. Such documentation 
may be requested by the board. 
   
  <nl>(3) If a change in the supervisory responsibility occurs, a new 
supervisory responsibility statement must be submitted to the board office 
before the assistant may resume practice. 
     
  <nl>(e)<ol>[(b)] Although the <nl>licensed speech-language pathologist <ol> 
[supervisor] may delegate specific clinical tasks to an assistant, the 
responsibility to the client for all services provided cannot be delegated. The 
<nl>licensed speech-language pathologist<ol> [supervisor] must ensure that all 
services provided are in compliance with this chapter. The assistant may execute 
specific components of the clinical speech, language, and/or hearing program if 
the <nl>licensed speech-language pathologist<ol> [supervisor] determines that 
the assistant has received the training and has the skill to accomplish that 
task, and the  <nl>licensed speech-language pathologist <ol> [supervisor] 
provides sufficient supervision to ensure appropriate completion of the task 
assigned to the assistant. The <nl>licensed speech-language pathologist<ol> 
[supervisor] must keep job descriptions and performance records; these must be 
current and must be made available to the board within 30 days of the date of 
the board's request for such records. 
 
  (1) Examples of duties which <nl>an assistant <ol> [assistants] may be 
assigned<nl>, provided appropriate training has been received, are to<ol> 
[include the following]: 
 
  (A) <nl>conduct<ol> [conducting] or <nl>participate<ol> [participating] in 
speech, language, and/or hearing screening; 
   
  (B) <nl>implement the treatment program or the individual education plan (IEP) 
designed by the licensed speech-language pathologist<ol> [conducting valuative 
or management programs which may include the utilization of published materials 
for which the associate has received training]; 
   
  (C) <nl>provide carry-over activities which are the therapeutically designed 
transfer of a newly acquired communication ability to other contexts and 
situations; 
   
  <nl>(D)<ol>[(C)] <nl>maintain <ol> [maintaining] clinical records [of client 
performance]; 
   
  <nl>(E)<ol>[(D)]  <nl>prepare <ol> [preparing] clinical materials; and 
   
  <nl>(F)<ol>[(E)]  <nl>participate <ol> [participating] with the <nl>licensed 
speech-language pathologist <ol> [professional] in research projects, staff 
development, public relations programs, or similar activities as designated and 
supervised by the <nl>licensed speech-language pathologist<ol> [professional]. 
     
  (2) The assistant <nl>must<ol> [should] not [engage in any of the following 
activities]: 
 
  <nl>(A) conduct independent evaluations; 
   
  <nl>(B)<ol>[(A)] <nl>interpret <ol> [interpreting] observations or data into 
diagnostic statements, clinical management strategies, or procedures; 
   
  <nl>(C) design a treatment program or individual education plan (IEP); 
   
  <nl>(D)<ol>[(B)]  <nl>determine <ol> [determining] case selection; 
   
  <nl>(E)<ol>[(C)]  <nl>present <ol> [presenting] written  <nl>or oral<ol> 
reports of client information [to those other than the supervisor without the 
signature of the supervisor]; 
   
  <nl>(F)<ol>[(D)] <nl>refer <ol> [referring] a client to other professionals or 
other agencies; 
   
  <nl>(G)<ol>[(E)] <nl>use <ol> [using] any title which connotes the competency 
of a licensed <nl>speech-language pathologist<ol> [professional, as defined in 
sec.2 of the Act]; or 
   
  <nl>(H)<ol>[(F)] <nl>practice <ol> [practicing] as an assistant in speech-
language pathology without a valid supervisory responsibility statement on file 
in the board office. 
     
  (3) Any references to the licensee's title shall state clearly that the 
license status is that of an assistant. 
   
  [(4) An assistant may not provide speech-language pathology services without 
an approved supervisor. 
   
  [(5)  Direct-care staff in a residential care or treatment facility who use 
only the concepts of daily living in their job performance are not required to 
be licensed as assistants. 
     
  [(c) Therapy/intervention is: 
 
  [(1) the systematic, individualized process of minimizing communication 
disorders, involving the dynamic interaction between the fully licensed speech-
language pathologist and client; 
   
  [(2) designed and executed on the basis of ongoing evaluation of the client's 
communication needs, skills, and resources; and 
   
  [(3) designed and executed only by a fully licensed speech-language 
pathologist; certain routine and perfunctory aspects of the intervention 
process, such as carryover activities, may be delegated to a licensed assistant 
     
  [(d) Carryover is: 
 
  [(1) the therapeutically designed transfer of a newly acquired communication 
ability to contexts and situations outside of the therapy situation; and 
   
  [(2)  designed by a fully licensed speech-language pathologist. 
     
  [(e) The assistant may conduct carryover activities, language and auditory 
stimulation, and other activities related to intervention and record keeping as 
described in these sections and as deemed appropriate by the supervising fully 
licensed speech-language pathologist. 
   
  [(f) The assistant may oversee activities of communication helpers in 
consultation with, and direction of, a fully licensed speech-language 
pathologists. 
   
  [(g) Direct supervision of speech-language pathology duties assigned to the 
assistant shall be provided by a licensed speech-language pathologist. 
 
  [(1) Following on-the-job training, the assistant's initial client contact 
shall be directly supervised. Thereafter, the minimum supervision requirements 
for an assistant by the supervisor shall be no less than two hours a week, at 
least half of which is direct on-site supervision at the location where the 
assistant is employed. If an alternative arrangement is needed, the supervisor 
must submit a proposed plan for review by the board or the appropriate committee 
to determine if the plan is acceptable. Indirect methods of supervision such as 
audio and/or video tape recording, telephone communication, numerical data, or 
other means of reporting may be utilized. 
   
  [(2) Supervisory records shall be maintained by the supervisor which verify 
regularly scheduled monitoring, assessment, and evaluation of assistant and 
client performance. Such documentation may be requested by the board. 
     
  [(h) An assistant will be required to meet continuing education requirements 
for license renewal as stated in sec.741.163 of this title (Relating to 
Requirements for Continuing Professional Education).] 
   
  <nl>(f)<ol>[(i)] An assistant may renew a license  <nl>without submitting a 
current supervisory responsibility statement completed by the licensed speech-
language pathologist<ol> [even though the assistant does not have a supervisor]. 
However, <nl>if the assistant loses his or her licensed speech-language 
pathologist,<ol> the assistant may not practice until <nl>another licensed 
speech-language pathologist agrees to accept responsibility for the services 
provided by the assistant<ol> [a supervisor is obtained] and a new supervisory 
responsibility statement is <nl>submitted and<ol> approved by the board office. 
To continue to practice without <nl>a current supervisory responsibility 
statement on file in the board office<ol> [supervision] may result in revocation 
of the assistant's license. 
 
     
  sec.741.67. Requirements for a Limited License to Practice Speech-Language 
Pathology in the Public Schools. 
 
  (a) The requirements of sec.741.61 of this title (relating to Requirements for 
a Speech-Language Pathology License) shall be waived and a limited license to 
practice in the public schools as a fully licensed speech-language pathologist 
shall be issued to an individual who meets the requirements established in this 
section and submits an application on or before September 1, 1996. 
   
  (b) An applicant must submit a written statement by the superintendent of the 
school district employing the person certifying that the district has not been 
able to employ as a speech-language pathologist a person who meets the licensing 
requirements of the Act. 
   
  (c) An applicant must: 
 
  (1) have been employed by a school district as a speech-language pathologist 
for two years preceding January 1, 1996 (January 1, 1994 through December 31, 
1995); 
   
  (2) hold a baccalaureate degree in communication disorders (speech-language 
pathology) from an accredited institution of higher education; 
   
  (3) be certified by the Central Education Agency in speech and hearing therapy 
or, in the judgement of the board, satisfy equivalent requirements; and 
   
  (4) pass the examination referenced in sec.741.122 of this title (relating to 
Administration) within the past ten years. 
     
  (d)  An applicant who meets the requirements of subsections (a)-(c) of this 
section must also meet one of the following: 
 
  (1) was eligible for a waiver of licensing requirements under the Act, 
sec.13(a), as amended by Chapter 448, Acts of the 69th Legislature, Regular 
Session, 1985; or 
   
  (2)  is enrolled in a program of study towards a master's degree with a major 
in one of the areas of communicative sciences or disorders from a program 
accredited by the American Speech-Language-Hearing Association in a regionally 
accredited college or university. 
     
  (e) An applicant who is applying for licensure under subsection (d)(1) of this 
section must have been engaged in the practice of speech-language pathology 
within two years prior to September 1, 1983. 
   
  (f) Effective September 1, 1998, and biannually after that date, an applicant 
who applied for licensure under subsection (d)(2) of this section must submit an 
original transcript showing the licensee has successfully completed in the 
preceding two-year period not less than 12 hours of coursework towards 
completing the master's degree described in subsection (d)(2) of this section. 
   
  (g) An applicant who is issued the limited license to practice in the public 
schools must meet the requirements of sec.741. 61 of this title (relating to 
Requirements for a Speech-Language Pathology License) on or before January 1, 
2003. 
   
  (h) This section expires on the effective date of any federal requirement that 
a speech-language pathologist hold a master's degree as a condition for receipt 
of federal funding by the entity employing the person. 
   
  (i) A person licensed under this section must comply with all requirements of 
the Act and this chapter unless excepted under the Act, Section 13A or this 
chapter. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 30, 1995. 
 TRD-9510929 
  Gene R. Powers, Ph.D. 
 Chairperson 
 State Board of Examiners for Speech-Language Pathology and Audiology 
    Earliest possible date of adoption: October 6, 1995 
 For further information, please call: (512) 834-6627 
         
             
  Subchapter F. Requirements for Licensure and Registration of Audiologists 
 
  22 TAC sec.741.85 
 
  The amendment is proposed under Texas Civil Statutes, Article 4512j, sec.5, 
which provide the State Board of Examiners for Speech-Language Pathology and 
Audiology with the authority to adopt rules necessary to administer and enforce 
Article 4512j; sec.12 relating to rules on the examination; and sec.13A relating 
to rules on the limited license to practice in the public schools. 
 The proposed section affects Texas Civil Statutes, Article 4512j and the Family 
Code, Chapter 232. 
 
 
  sec.741.85. Requirements for an Assistant in Audiology License. 
 
  (a) An assistant is an individual who provides <nl>audiological support<ol> 
services <nl>to <ol> [and support of] clinical programs <nl>under 
supervision<ol> of [audiology and is supervised by] a licensed audiologist 
 
  [(1) The applicant who applies for an assistant in audiology license prior to 
September 1, 1994, must meet the following requirements: 
 
  [(A)  a baccalaureate degree as shown on an original transcript filed with the 
board; 
   
  [(B) no fewer than 21 semester hours in speech-language pathology and/or 
audiology, at least nine of which must be in the area for which license is being 
sought; 
   
  [(C) the filing of original transcripts which shall be reviewed as in 
sec.741.61(11) of this title (relating to Requirements for a Audiology License); 
and 
   
  [(D) a supervisory responsibility statement submitted upon application and 
each subsequent renewal or with a change of supervisor.] 
       
  <nl>(b)<ol>[(2)]  An applicant [who applies] for an assistant in audiology 
license [on or after September 1, 1994,] must meet the following requirements: 
 
  <nl>(1) <ol>[(A)] a baccalaureate degree with an emphasis in speech-language 
pathology or audiology; 
   
  <nl>(2)<ol>[(B)] no fewer than 24 semester hours in speech-language pathology 
and/or audiology, at least nine of which must be in the area for which license 
is being sought; 
   
  <nl>(3)<ol>[(C)]  no fewer than 25 hours of clinical observation and 25 hours 
of clinical <nl>assisting experience<ol> [practicum] obtained within an 
educational institution or in one of its cooperating programs [and completed 
under supervision of an individual licensed by this board. If an applicant has 
not obtained the hours within an educational institution or in one of its 
cooperating programs, the applicant may file a written request describing how 
the applicant wishes to obtain the hours and how the applicant's plan would 
insure appropriate training and experience for the applicant. The board may ask 
for further information or revisions before approving or disapproving the plan. 
If approved, an assistant's license shall be issued and the individual shall 
complete the hours in accordance with the board approved plan within 60 days. If 
the board office does not receive proof of successful completion of the hours by 
the end of the 60 days, the individual shall be considered to have voluntarily 
surrendered the assistant license]; 
   
  <nl>(4)<ol>[(D)]  the filing of an original or certified copy of transcript(s) 
which shall be reviewed as in sec.741.81(11) of this title (relating to 
Requirements for an Audiology License); and 
   
  <nl>(5)<ol>[(E)] a supervisory responsibility statement submitted <nl>by the 
licensed audiologist responsible for services provided by the assistant<ol> 
[upon application and each subsequent renewal or with a change of supervisor]. 
     
  <nl>(c) If an applicant has not obtained the hours referenced in subsection 
(b)(3) of this section, the applicant may file a written request for an 
alternative method to obtain the hours. A deficiency plan for the clinical 
observation and/or assisting experience designed and signed by the appropriate 
sponsor must be submitted with the application and fee. Such a plan must be 
approved by the board and the license issued before any observation or clinical 
assisting experience clock hours may begin. The board may ask for further 
information or revisions before approving or disapproving the plan. If approved, 
an assistant license shall be issued upon payment of the initial license fee. 
The individual shall then complete the hours in accordance with the board 
approved plan within 60 days. If the board office does not receive proof of 
successful completion of the hours by the end of the 60 days, the individual 
shall be considered to have voluntarily surrendered the assistant license. 
   
  <nl>(d) Direct supervision of speech-language pathology duties assigned to the 
assistant shall be provided by a licensed audiologist. 
 
  <nl>(1) The assistant's initial client contact shall be directly supervised. 
Thereafter, the minimum supervision requirements for an assistant by the 
licensed audiologist shall be no less than two hours a week, at least half of 
which is direct on-site supervision at the location where the assistant is 
employed. If an alternative arrangement is needed, the licensed audiologist must 
submit a proposed plan for review by the board or the appropriate committee to 
determine if the plan is acceptable. Indirect methods of supervision such as 
audio and/or video tape recording, telephone communication, numerical data, or 
other means of reporting may be utilized. 
   
  <nl>(2) Supervisory records shall be maintained by the licensed audiologist 
which verify regularly scheduled monitoring, assessment, and evaluation of the 
assistant's and clients' performance. Such documentation may be requested by the 
board. 
   
  <nl>(3) If a change in the supervisory responsibility occurs, a new 
supervisory responsibility statement must be submitted to the board office 
before the assistant may resume practice. 
     
  <nl>(e)<ol>[(b)] Although the <nl>licensed audiologist<ol> [supervisor] may 
delegate specific clinical tasks to an assistant, the responsibility to the 
client for all services provided cannot be delegated. The <nl>licensed 
audiologist <ol> [supervisor] must ensure that all services provided are in 
compliance with this chapter. The assistant may execute specific components of 
the clinical speech, language, and/or hearing program if the <nl>licensed 
audiologist <ol> [supervisor] determines that the assistant has received the 
training and has the skill to accomplish that task, and the  <nl>licensed 
audiologist<ol> [supervisor] provides sufficient supervision to ensure 
appropriate completion of the task assigned to the assistant. The <nl>licensed 
audiologist<ol> [supervisor] must keep job descriptions and performance records; 
these must be current and must be made available to the board within 30 days of 
the date of the board's request for such records. 
 
  (1) Examples of duties which <nl>an assistant <ol> [assistants] may be 
assigned<nl>, provided appropriate training has been received, are to<ol> 
[include the following]: 
 
  (A) <nl>conduct<ol> [conducting] or <nl>participate<ol> [participating] in 
speech, language, <nl>audiometric<ol> and/or hearing screening; 
   
  (B) <nl>conduct aural habilitation or rehabilitation<ol> [conducting valuative 
or management programs which may include the utilization of published materials 
for which the associate has received training]; 
   
  <nl>(C) provide carry-over activities which are the therapeutically designed 
transfer of a newly acquired communication ability to other contexts and 
situations; 
   
  <nl>(D)<ol>[(C)]  <nl>maintain <ol> [maintaining] clinical records [of client 
performance]; 
   
  <nl>(E)<ol>[(D)] <nl>prepare <ol> [preparing] clinical materials; and 
   
  <nl>(F)<ol>[(E)] <nl>participate <ol> [participating] with the <nl>licensed 
audiologist<ol> [professional] in research projects, staff development, public 
relations programs, or similar activities as designated and supervised by the 
<nl>licensed audiologist <ol> [professional]. 
     
  (2)  The assistant <nl>must<ol> [should] not [engage in any of the following 
activities]: 
 
  <nl>(A) conduct independent evaluations; 
   
  <nl>(B) <ol>[(A)] <nl>interpret <ol> [interpreting] observations or data into 
diagnostic statements, clinical management strategies, or procedures; 
   
  <nl>(C) design a treatment program; 
   
  <nl>(D)<ol>[(B)]  <nl>determine <ol> [determining] case selection; 
   
  <nl>(E)<ol>[(C)]  <nl>present <ol> [presenting] written  <nl>or oral<ol> 
reports of client information [to those other than the supervisor without the 
signature of the supervisor]; 
   
  <nl>(F)<ol>[(D)] <nl>refer <ol> [referring] a client to other professionals or 
other agencies; 
   
  <nl>(G)<ol>[(E)] <nl>use <ol> [using] any title which connotes the competency 
of a licensed <nl>audiologist <ol> [professional, as defined in sec.2 of the 
Act]; or 
   
  <nl>(H)<ol>[(F)] <nl>practice <ol> [practicing] as an assistant in audiology 
without a valid supervisory responsibility statement on file in the board 
office. 
     
  (3) Any reference to the licensee's title shall state clearly that the license 
status is that of an assistant. 
   
  [(4) An assistant may not provide audiology services without an approved 
supervisor. 
   
  [(5) Direct-care staff in a residential care or treatment facility who use 
only the concepts of daily living in their job performance are not required to 
be licensed as assistants. 
     
  [(c) Therapy/intervention is: 
 
  [(1) the systematic, individualized process of minimizing communication 
disorders involving the dynamic interaction between the fully licensed 
audiologist and client; 
   
  [(2) designed and executed on the basis of ongoing evaluation of the client's 
communication needs, skills, and resources; and 
   
  [(3) designed and executed only by a fully licensed audiologist; certain 
routine and perfunctory aspects of the intervention process, such as carryover 
activities, may be delegated to a licensed assistant. 
     
  [(d) Carryover is: 
 
  [(1) the therapeutically designed transfer of a newly acquired communication 
ability to contexts and situations outside of the therapy situation; and 
   
  [(2) designed by a fully licensed audiologist. 
     
  [(e) The assistant may conduct carryover activities, language and auditory 
stimulation, and other activities related to intervention and record keeping as 
described in these sections and as deemed appropriate by the supervising fully 
licensed audiologist. 
   
  [(f) The assistant may oversee activities of communication helpers in 
consultation with, and direction of, fully licensed audiologists. 
   
  [(g) Direct supervision of audiologist duties assigned to the assistant shall 
be provided by a licensed audiologist. 
 
  [(1) Following on-the-job training, the assistant's initial client contact 
shall be directly supervised. Thereafter, the minimum supervision requirements 
for an assistant by the supervisor shall be no less than two hours a week, at 
least half of which is direct on-site supervision at the location where the 
assistant is employed. If an alternative arrangement is needed, the supervisor 
must submit a proposed plan for review by the board or the appropriate committee 
to determine if the plan is acceptable. Indirect methods of supervision such as 
audio and/or video tape recording, telephone communication, numerical data, or 
other means of reporting may be utilized. 
   
  [(2) Supervisory records shall be maintained by the supervisor which verify 
regularly scheduled monitoring, assessment, and evaluation of assistant and 
client performance. Such documentation may be requested by the board. 
     
  [(h) An assistant will be required to meet continuing education requirements 
for license renewal as stated in sec.741.163 of this title (relating to 
Requirements for Continuing Professional Education). 
   
  <nl>(f)<ol>[(i)] An assistant may renew a license  <nl>without submitting a 
current supervisory responsibility statement completed by the licensed 
audiologist<ol> [even though the assistant does not have a supervisor]. However, 
<nl>if the assistant loses his or her licensed audiologist, <ol> the assistant 
may not practice until <nl>another licensed audiologist agrees to accept 
responsibility for the services provided by the assistant<ol> [a supervisor is 
obtained] and a new supervisory responsibility statement is <nl>submitted 
and<ol> approved by the board office. To continue to practice without <nl>a 
current supervisory responsibility statement on file in the board office<ol> 
[supervision] may result in revocation of the assistant's license. 
   
  <nl>(g) An assistant may not engage in tasks for the fitting, dispensing or 
sale of a hearing instrument; however, an assistant who is licensed under Texas 
Civil Statutes, Article 4566-1.01, et seq, may engage in activities as allowed 
by that law and is not considered to be functioning under his or her assistant 
license when performing those activities. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 30, 1995. 
 TRD-9510930 
  Gene R. Powers, Ph.D. 
 Chairperson 
 State Board of Examiners for Speech-Language Pathology and Audiology 
    Earliest possible date of adoption: October 6, 1995 
 For further information, please call: (512) 834-6627 
         
             
  Subchapter H. Application Procedures 
 
  22 TAC sec.741.103 
 
  The amendment is proposed under Texas Civil Statutes, Article 4512j, sec.5, 
which provide the State Board of Examiners for Speech-Language Pathology and 
Audiology with the authority to adopt rules necessary to administer and enforce 
Article 4512j; sec.12 relating to rules on the examination; and sec.13A relating 
to rules on the limited license to practice in the public schools. 
 The proposed section affects Texas Civil Statutes, Article 4512j and the Family 
Code, Chapter 232. 
 
 
  sec.741.103. Required Application Materials. 
 
  (a) An applicant applying for a speech-language pathology or audiology license 
under sec.741.61 of this title (relating to Requirements for a Speech-Language 
Pathology License) or  s741.81 of this title (relating to Requirements for an 
Audiology License) must submit the following: 
 
  (1) <nl>a current, original <ol> [an] application form obtained from the board 
office <nl>that requires the disclosure of the applicant's social security 
number and has been completed, signed, dated, and notarized by the 
applicant;<ol> [which shall contain: 
 
  [(A) specific information regarding personal data, employment and nature of 
professional practice, social security number, other state licenses and 
certifications held, disciplinary proceeding, felony and misdemeanor 
convictions, educational background, practicum experience, supervised experience 
and references; 
   
  [(B) a statement that the applicant has read Texas Civil Statutes, Article 
4512j (Act), and the board rules and agrees to abide by them; 
   
  [(C) a statement that the applicant, if issued a license, shall return the 
license to the board upon the revocation or suspension of the license; 
   
  [(D) a statement that the applicant understands that fees submitted in the 
licensure process are nonrefundable; 
   
  [(E) the dated and notarized signature of the applicant; and 
   
  [(F)  notification that the applicant may be entitled to a full refund if the 
application is not processed within the periods of time as required by sec.741. 
182 of this title (relating to Processing Procedures);] 
     
  (2) (No change.) 
   
  (3) an original or certified copy of transcript(s) of all relevant course work 
<nl>which also verifies that the applicant possesses a minimum of a master's 
degree with a major in one of the areas of communicative sciences or disorders; 
   
  (4) an original [or certified copy] <nl>coursework and clinical experience 
form obtained from the board office completed by<ol> [from] the director or 
designee of the college or university <nl>attended which verifies<ol> [training 
program verifying] the applicant <nl>has met the requirements established in 
sec.741.61(2)-(9) of this title or  s741.81(2)-(9) of this title; <ol> 
[completed the clinical experience set out in either sec.741.61(8) or (9) of 
this title or  s741.81(8) or (9) of this title.] 
   
  (5) <nl>an original report of completed internship form obtained from the 
board office completed by the applicant's supervisor and signed by both the 
applicant and the supervisor; and <ol> [a supervised post-graduate experience 
form which must contain the following information: 
 
  [(A) the name of the applicant; 
   
  [(B) the supervisor's name, address, degree, and licensure status; 
   
  [(C) the name and address of the agency or organization where the experience 
was gained; 
   
  [(D) the inclusive dates of the supervised experience and the total number of 
hours of supervised post-graduate practice; 
   
  [(E) the number of hours of weekly face-to-face supervision provided for the 
applicant and the types of supervision used (direct, observation room, video 
tape, audio tape, review of records, etc.); 
   
  [(F) the applicant's employment status during supervised experience; and 
   
  [(G) the dated and notarized signature of the supervisor; and] 
     
  (6) an original or certified statement from the Educational Testing Service 
showing <nl>the applicant passed<ol> [a passing score on] the examination 
described in sec.741.122 of this title (relating to Administration) <nl>within 
the past ten years<ol>. 
     
  (b) An applicant applying for an intern in speech-language pathology license 
under sec.741.62 of this title (relating to Requirements for an Intern in 
Speech-Language Pathology License) or an intern in audiology license under 
sec.741.82 of this title (relating to Requirements for an Intern in Audiology 
License) must submit the following: 
 
  (1) <nl>a current, original <ol> [an] application form obtained from the board 
office <nl>that requires the disclosure of the applicant's social security 
number and has been completed, signed, dated and notarized by the applicant;<ol> 
[which shall contain: 
 
  [(A) specific information regarding personal data, employment and nature of 
professional practice, social security number, other state licenses and 
certifications held, disciplinary proceedings, felony and misdemeanor 
convictions, educational background, practicum experience, supervised experience 
and references; 
   
  [(B) a statement that the applicant has read the Act and the board rules and 
agrees to abide by them; 
   
  [(C) a statement that the applicant, if issued a license, shall return the 
license to the board upon the revocation or suspension of the license; 
   
  [(D) a statement that the applicant understands that fees submitted in the 
licensure process are nonrefundable; and 
   
  [(E) the dated and notarized signature of the applicant; and 
   
  [(F) notification that the applicant may be entitled to a full refund if the 
application is not processed within the periods of time as required by 
sec.741.182 of this title;] 
     
  (2) (No change.) 
   
  (3) an original or certified copy of transcript(s) of all relevant course work 
<nl>which also verifies that the applicant possesses a minimum of a master's 
degree with a major in one of the areas of communicative sciences or disorders; 
   
  <nl>(4) if the master's degree has not been officially conferred, an original 
or certified copy of transcript(s) and a letter signed by the program director 
at the university attended verifying the applicant successfully completed all 
requirements for the master's degree, and is only awaiting the date of next 
graduation for the degree to be conferred; 
   
  <nl>(5)<ol>[(4)] an original [or certified copy] <nl>coursework and clinical 
experience form obtained from the board office completed by<ol> [from] the 
director or designee of the college or university <nl>attended which 
verifies<ol> [training program verifying] the applicant <nl>met the requirements 
established in sec.741.61(2)-(9) of this title or  s741.81(2)-(9) of this title 
<ol> [completed the clinical experience set out in sec.741.61(8) or (9) of this 
title or sec.741.81(8) or (9) of this title]; and 
   
  <nl>(6) <ol>[(5)] <nl>a current, original<ol> [the] intern plan and 
[notarized] agreement of supervision  <nl>form obtained from the board office 
completed by the supervisor and signed by both the applicant and the 
supervisor<ol>. 
     
  (c) An applicant who holds the American Speech-Language-Hearing Association 
certificate of clinical competence applying for licensure under sec.741.63 of 
this title (relating to Special Conditions for Licensure of Speech-Language 
Pathologists) or sec.741.83 of this title (relating to Special Conditions for 
Licensure of Audiologists) must submit the following: 
 
  (1)  <nl>a current, original <ol> [an] application form obtained from the 
board office <nl>that requires the disclosure of the applicant's social security 
number and has been completed, signed, dated and notarized by the applicant;<ol> 
[which shall contains: 
 
  [(A) specific information regarding personal data, employment and nature of 
professional practice, social security number, other state licenses and 
certifications held, disciplinary proceedings, felony and misdemeanor 
convictions, educational background, practicum experience, supervised experience 
and references; 
   
  [(B) a statement that the applicant has read the Act and the board rules and 
agrees to abide by them; 
   
  [(C) a statement that the applicant, if issued a license, shall return the 
license to the board upon the revocation or suspension of the license; 
   
  [(D) a statement that the applicant understands that fees submitted in the 
licensure process are nonrefundable; 
   
  [(E) the dated and notarized signature of the applicant; and 
   
  [(F) notification that the applicant may be entitled to a full refund if the 
application is not processed within the periods of time as required by 
sec.741.182 of this title;] 
     
  (2) (No change.) 
   
  (3) an original or certified copy of a letter from the American Speech-
Language-Hearing Association <nl>which verifies<ol> [stating] the applicant 
<nl>currently<ol> holds the certificate of clinical competence in the area in 
which the applicant has applied for license; however, an applicant who holds the 
American Speech-Language-Hearing Association certificate of clinical competence 
in audiology and in speech-language pathology applying for dual licensure as a 
speech-language pathologist and audiologist must submit an original or certified 
copy of a letter from the American Speech-Language-Hearing Association <nl>which 
verifies<ol> [stating] the applicant currently holds the certificate of clinical 
competence in speech-language pathology and in audiology; and 
   
  (4) (No change.) 
     
  (d) An applicant applying for a speech-language pathology or audiology 
provisional license under sec.741.64 of this title (relating to Requirements for 
a Provisional Speech-Language Pathology License) or sec.741.84 of this title 
(relating to Requirements for a Provisional Audiology License) must submit the 
following: 
 
  (1) <nl>a current, original <ol> [an] application form obtained from the board 
office <nl>that requires the disclosure of the applicant's social security 
number and has been completed, signed, dated, and notarized by the 
applicant;<ol> [which shall contain: 
 
  [(A) specific information regarding personal data, employment and nature of 
professional practice, social security number, other state licenses and 
certifications held, disciplinary proceedings, felony and misdemeanor 
convictions, educational background, practicum experience, supervised experience 
and references; 
   
  [(B) a statement that the applicant has read the Act and the board rules and 
agrees to abide by them; 
   
  [(C) a statement that the applicant, if issued a license, shall return the 
license to the board upon the revocation or suspension of the license; 
   
  [(D) a statement that the applicant understands that fees submitted in the 
licensure process are nonrefundable; 
   
  [(E) the dated and notarized signature of the applicant; and 
   
  [(F) notification that the applicant may be entitled to a full refund if the 
application is not processed within the periods of time as required by 
sec.741.182 of this title;] 
     
  (2)-(4)  (No change.) 
   
  (5) an original <nl>letter or <ol> form completed by that state's licensing 
board with board seal affixed which <nl>verifies the applicant holds a current 
valid license and which <ol> contains: 
 
  (A)-(H)  (No change.) 
     
  (6) an original or certified statement from the Education Testing Service 
<nl>which verifies the applicant passed<ol> [showing a passing score on] the 
examination described in  s741.122 of this title [(relating to Administration)] 
<nl>within the past ten years<ol> if no examination is listed under paragraph 
(5)(F) of this subsection; 
   
  (7)-(8)  (No change.) 
     
  (e) An applicant applying for an assistant in speech-language pathology 
license under sec.741.65 of this title (relating to Requirements for an 
Assistant in Speech-Language Pathology License) or an assistant in audiology 
license under sec.741.85 of this title (relating to Requirements for an 
Assistant in Audiology License) must submit the following: 
 
  (1) <nl>a current, original <ol> [an] application form obtained from the board 
office <nl>that requires the disclosure of the applicant's social security 
number and has been completed, signed, dated, and notarized by the 
applicant;<ol> [which shall contain: 
 
  [(A) specific information regarding personal data, employment and nature of 
professional practice, social security number, other state licenses and 
certifications held, disciplinary proceedings, felony and misdemeanor 
convictions, educational background and references; 
   
  [(B) a statement that the applicant has read the Act and the board rules and 
agrees to abide by them; 
   
  [(C) a statement that the applicant, if issued a license, shall return the 
license to the board upon the revocation or suspension of the license; 
   
  [(D) a statement that the applicant understands that fees submitted in the 
licensure process are nonrefundable; 
   
  [(E) the dated and notarized signature of the applicant; and 
   
  [(F) notification that the applicant may be entitled to a full refund if the 
application is not processed within the periods of time as required by 
sec.741.182 of this title;] 
     
  (2) (No change.) 
   
  (3) a <nl>current, original<ol> supervisory responsibility statement form 
obtained from the board office <nl>completed by the licensed speech-language 
pathologist or licensed audiologist who agrees to accept responsibility for the 
services provided by the assistant; <ol> [which contains: 
 
  [(A) the name, address, employer, area of licensure and license number of the 
supervisor; 
   
  [(B) the name, area of licensure and employer of the associate; 
   
  [(C) a statement that the supervisor is responsible for notifying the board 
office of any change in the supervisory arrangements; and 
   
  [(D) the dated and notarized signature of the supervisor;] 
     
  (4) an original or certified copy of transcript(s) of relevant course work 
<nl>which also verifies that the applicant possesses a baccalaureate degree with 
an emphasis in speech-language pathology and/or audiology<ol>; [and] 
   
  (5) [for applicants who apply for license after September 1, 1994,] an 
original [or certified copy] <nl>clinical observation and experience form obtain 
from the board office and completed by <ol> [from] the director or designee of 
the college or university training program verifying the applicant completed the 
<nl>requirements<ol> [clinical experience] set out in <nl>sec.741.65(b)(3)<ol> 
[sec.741.65 (a)(2)(c)] of this title or <nl>sec.741.85(b)(3) <ol> [sec.741.85 
(a)(2)(c)] of this title<nl>; and<ol> [.] 
   
  <nl>(6) for an applicant who did not obtain the hours referenced in paragraph 
(5) of this subsection, a written request for board review for an alternative 
method to obtain the hours. 
     
  (f) An applicant applying for a speech-language pathology temporary 
certificate of registration under sec.741.66 of this title (relating to 
Requirements for a Temporary Certificate of Registration in Speech-Language 
Pathology) or an audiology temporary certificate of registration under 
sec.741.86 of this title (relating to Requirements for a Temporary Certificate 
of Registration in Audiology) must submit the following: 
 
  (1) <nl>a current, original <ol> [an] application form obtained from the board 
office <nl>that requires the disclosure of the applicant's social security 
number and has been completed, signed, dated and notarized by the applicant;<ol> 
[which shall contain: 
 
  [(A) specific information regarding personal data, employment and nature of 
professional practice, social security number, other state licenses and 
certifications held, disciplinary proceedings, felony and misdemeanor 
convictions, educational background, practicum experience, supervised experience 
and references; 
   
  [(B) a statement that the applicant has read the Act and the board rules and 
agrees to abide by them; 
   
  [(C) a statement that the applicant, if issued a license, shall return the 
license to the board upon the revocation or suspension of the license; 
   
  [(D) a statement that the applicant understands that fees submitted in the 
licensure process are nonrefundable; 
   
  [(E) the dated and notarized signature of the applicant; and 
   
  [(F) notification that the applicant may be entitled to a full refund if the 
application is not processed within the periods of time as required by 
sec.741.182 of this title;] 
     
  (2) (No change.) 
   
  (3) an original or certified copy of transcript(s) of all relevant course work 
<nl>which also verifies that the applicant possesses a minimum of a master's 
degree with a major in one of the areas of communicative sciences or 
disorders<ol>; 
   
  (4) an original [or certified copy] <nl>coursework and clinical experience 
form obtained from the board office completed by<ol> [from] the director or 
designee of the college or university <nl>attended which verifies<ol> [training 
program verifying] the applicant <nl>met the requirements established in 
sec.741.61(2)-(9) of this title<ol> or sec.741.81(2)-(9) of this title 
[completed the clinical experience set out in either  s741.61(8) or (9) of this 
title or sec.741.81(8) or (9) of this title]; and 
   
  (5) <nl>an original report of completed internship form obtained from the 
board office completed by the applicant's supervisor and signed by both the 
applicant and the supervisor.<ol> [an original or certified copy of a supervised 
post-graduate experience form which must contain the following information: 
 
  [(A) the name of the applicant; 
   
  [(B)  the supervisor's name, address, degree, and licensure status; 
   
  [(C)  the name and address of the agency or organization where the experience 
was gained; 
   
  [(D) the inclusive dates of the supervised experience and the total number of 
hours of supervised post-graduate practice; 
   
  [(E)  the number of hours of weekly face-to-face supervision provided for the 
applicant and the types of supervision used (direct, observation room, video 
tape, audio tape, review of records, etc.); 
   
  [(F) the applicant's employment status during supervised experience; and 
   
  [(G) the dated and notarized signature of the supervisor.] 
       
  <nl>(g) An applicant applying for a limited license to practice speech-
language pathology in the public schools under sec.741.67 of this title 
(relating to Requirements for a Limited License to Practice Speech-Language 
Pathology in the Public Schools) must submit the following: 
 
  <nl>(1) a current, original application form obtained from the board office 
that requires the disclosure of the applicant's social security number and has 
been completed, signed, dated, and notarized by the applicant; 
   
  <nl>(2) the nonrefundable application fee; 
   
  <nl>(3) an original or certified copy of transcript(s) of all relevant course 
work which also verifies that the applicant holds a baccalaureate degree in 
communication disorders; 
   
  <nl>(4) a current, original statement signed by the superintendent of the 
school district stating the district has been unable to employ a licensed 
speech-language pathologist; 
   
  <nl>(5) an original form or letter from a school district showing the 
applicant has been employed as a speech-language pathologist from January 1, 
1994 through Decmeber 31, 1995; 
   
  <nl>(6)  an original form or letter from Central Education Agency stating the 
applicant is certified in speech and hearing therapy; 
   
  <nl>(7) an original or certified statement from the Educational Testing 
Service showing the applicant passed the examination described in  s741.122 of 
this title within the past ten years; 
   
  <nl>(8) for an applicant applying under sec.741.67(d)(1) of this title, no 
fewer than two notarized statements from employers, administrators, professional 
colleagues, or members of related professions verifying that the applicant was 
engaged in the practice of speech-language pathology with two years prior to 
September 1, 1983; and 
   
  <nl>(9) for an applicant applying under sec.741.67(d)(2) of this title, an 
original letter from the program director of the college or university verifying 
the applicant is enrolled in a program of study towards a master's degree with a 
major in one of the areas of communicative sciences or disorders. 
     
  <nl>(h)<ol>[(g)] A licensed audiologist or licensed intern in audiology who 
wishes to fit and dispense hearing instruments under sec.741.87 of this title 
(relating to Requirements for Registration of Audiologists and Interns in 
Audiology who Fit and Dispense Hearing Instruments) must submit the following: 
 
  (1) a <nl>current, original<ol> registration form obtained from the board 
office <nl>that requires the disclosure of the applicant's social security 
number and has been completed, signed, dated, and notarized by the applicant; 
and <ol> [which shall contain: 
 
  [(A) the name, address, social security number, license number, expiration 
date of license and dated and notarized signature of the licensee; and 
   
  [(B) a statement that the audiologist or intern in audiology agrees to adhere 
to requirements of the Act and board rules and to comply with Title 21, Chapter 
1, Code of Federal Regulations; and] 
     
  (2) the nonrefundable registration fee. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 30, 1995. 
 TRD-9510931 
  Gene R. Powers, Ph.D. 
 Chairperson 
 State Board of Examiners for Speech-Language Pathology and Audiology 
    Earliest possible date of adoption: October 6, 1995 
 For further information, please call: (512) 834-6627 
         
               
  Subchapter L. Fees and Processing Procedures 
 
  22 TAC sec.741.181 
 
  The amendment is proposed under Texas Civil Statutes, Article 4512j, sec.5, 
which provide the State Board of Examiners for Speech-Language Pathology and 
Audiology with the authority to adopt rules necessary to administer and enforce 
Article 4512j; sec.12 relating to rules on the examination; and sec.13A relating 
to rules on the limited license to practice in the public schools. 
 The amendment affects Texas Civil Statutes, Article 4512j and the Family Code, 
Chapter 232. 
 
 
  sec.741.181. Schedule of Fees. The purpose of this section is to establish a 
schedule of fees to provide the funds to support the activities of the board. 
 
  (1) The schedule of fees [and] is as follows: 
 
  (A) -(J) (No change.) 
   
  (K) late renewal penalty fee-an amount equal to the renewal fee(s), with a 
maximum of three renewal fees, plus the examination fee; [and] 
   
  (L) examination fee-the amount charged by the Texas Department of Health's 
designee administering the examination <nl>; and<ol> [.] 
   
  <nl>(M) reinstatement fee for a license that was suspended for failure to pay 
child support-$50. 
     
  (2)-(7) (No change.) 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 30, 1995. 
 TRD-9510932 
  Gene R. Powers, Ph.D. 
 Chairperson 
 State Board of Examiners for Speech-Language Pathology and Audiology 
    Earliest possible date of adoption: October 6, 1995 
 For further information, please call: (512) 834-6627 
         
             
  Subchapter M. Denial, Probation, Suspension, or Revocation of Licensure or 
Registration 
 
  22 TAC sec.741.200 
 
  The new section is proposed under Texas Civil Statutes, Article 4512j, sec.5, 
which provide the State Board of Examiners for Speech-Language Pathology and 
Audiology with the authority to adopt rules necessary to administer and enforce 
Article 4512j; sec.12 relating to rules on the examination; and sec.13A relating 
to rules on the limited license to practice in the public schools. 
 The proposed section affects Texas Civil Statutes, Article 4512j and the Family 
Code, Chapter 232. 
 
 
  sec.741.200. Suspension of License for Failure to Pay Child Support. 
 
  (a) On receipt of a final court or attorney general's order suspending a 
license due to failure to pay child support, the executive secretary shall 
immediately determine if the board has issued a license to the obligor named on 
the order, and, if a license has been issued: 
 
  (1) record the suspension of the license in the board's records; 
   
  (2) report the suspension as appropriate; and 
   
  (3) demand surrender of the suspended license. 
     
  (b) The board shall implement the terms of a final court or attorney general's 
order suspending a license without additional review or hearing. The board will 
provide notice as appropriate to the licensee or to others concerned with the 
license. 
   
  (c) The board may not modify, remand, reverse, vacate, or stay a court or 
attorney general's order suspending a license issued under the Family Code, 
Chapter 232 as added by Acts 1995, 74th Legislature Chapter 751, sec.751.85 
(House Bill 433) and may not review, vacate, or reconsider the terms of an 
order. 
   
  (d) A licensee who is the subject of a final court or attorney general's order 
suspending his or her license is not entitled to a refund for any fee paid to 
the board. 
   
  (e) If a suspension overlaps a license renewal period, an individual with a 
license suspended under this section shall comply with the normal renewal 
procedures in the Act and this chapter; however, the license will not be renewed 
until subsections (g) and (h) of this section are met. 
   
  (f) An individual who continues to practice or represent himself or herself as 
a speech-language pathologist or audiologist after the issuance of a court or 
attorney general's order suspending the license is liable for the same civil and 
criminal penalties provided for engaging in the prohibited activity without a 
license or while a license is suspended as any other license holder of the 
board. 
   
  (g) On receipt of a court or attorney general's order vacating or staying an 
order suspending a license, the executive secretary shall promptly issue the 
affected license to the individual if the individual is otherwise qualified for 
the license. 
   
  (h)  The individual must pay a reinstatement fee set out at sec.711.181 
(relating to Schedule of Fees) prior to issuance of the license under subsection 
(g) of this section. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 30, 1995. 
 TRD-9510933 
  Gene R. Powers, Ph.D. 
 Chairperson 
 State Board of Examiners for Speech-Language Pathology and Audiology 
    Earliest possible date of adoption: October 6, 1995 
 For further information, please call: (512) 834-6627 
         
                   
  TITLE 25. HEALTH SERVICES 
 Part VIII. Interagency Council on Early Childhood Intervention Services 
  Chapter 621. Early Childhood Intervention 
  
  Early Childhood Intervention Service Delivery for Milestones Services 
 
  25 TAC sec.621.83 
 
  The Interagency Council on Early Childhood Intervention Services proposes an 
amendment to sec.621.83, concerning program requirements, in its Early Childhood 
Intervention Program chapter. The purpose of the amendment is to comply with 
federal regulations. 
 Mary Elder, executive director, has determined that for the first five-year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the section. 
 Ms. Elder also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be clear and correct rules consistent with public comments and the 
Early Childhood Intervention Council's intent. There will be no effect on small 
businesses. There is no anticipated economic cost to persons who are required to 
comply with the proposed section. 
 Questions about the content of this proposal may be directed to Donna Samuelson 
at (512) 502-4900. Written comments on the proposal may be submitted to Nancy 
Murphy, Media and Policy Services-555, Texas Department of Human Services E-205, 
P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the 
Texas Register. 
 The amendment is proposed under the Human Resources Code, sec.sec.73.003, which 
authorizes the Interagency Council on Early Childhood Intervention Services to 
establish rules regarding services provided for children with developmental 
delays. 
 The amendment implements the Human Resources Code, sec. s73.001-73.021. 
 
 
  sec.621.83. Program Requirements. <ol> Programs that receive funds from the 
Interagency Council on Early Childhood Intervention (council) to operate a 
Milestones program shall implement the program according to the following 
requirements: 
 
  (1)-(4) (No change.) 
   
  (5) Client eligibility. Programs must offer services to all potentially 
eligible infants and children in their service area. All eligible children shall 
be identified and offered services according to the following eligibility 
criteria before identifying any new criteria. A child is eligible for Milestones 
services if the child: 
 
  (A)-(D) (No change.) 
   
  (E) is not receiving comprehensive case management from any other state, 
federal or public-supported program, including but not limited to, Children with 
Special Health Care Needs[;] <nl>or<ol> Women and Children's Services[; Women, 
Infants, and Children program; and Champus]. When a Milestones program has 
identified and offered services to all eligible infants and children in its 
service area according to Milestones eligibility criteria, the SAB may identify 
optional criteria which recognize biological risk factors. A plan shall be 
developed and submitted to the state office for approval which may include but 
is not limited to the following criteria: 
 
  (i)-(v) (No change.) 
       
  (6)-(7) (No change.) 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 29, 1995. 
 TRD-9510919 
  Nancy Murphy 
 Section Manager, Media and Policy Services 
 Interagency Council on Early Childhood Intervention Services 
    Earliest possible date of adoption: October 6, 1995 
 For further information, please call: (512) 450-3765 
         
                   
  TITLE 30. ENVIRONMENTAL QUALITY 
 Part I. Texas Natural Resource Conservation Commission 
  Chapter 101. General Rules 
  
  30 TAC sec.101.1 
 
  The Texas Natural Resource Conservation Commission (TNRCC) proposes an 
amendment to sec.101.1, concerning Definitions. The definition of volatile 
organic compounds (VOC) is proposed to be modified by exempting acetone, 
parachlorobenzotrifluoride (PCBTF), and volatile methyl siloxanes (VMS) from the 
definition of VOC. For clarity, and to increase consistency with recent TNRCC 
rule revisions, federal rules, and Environmental Protection Agency (EPA) 
terminology, the TNRCC also proposes minor revisions to several other 
definitions. 
 The proposed changes to the definition of VOC would add acetone, PCBTF, and VMS 
to the list of compounds which are not classified as VOCs. The EPA has ruled 
that these compounds have negligible photochemical reactivity, and thus do not 
appreciably contribute to the formation of urban ozone (final rules at 59 
Federal Register (FR) 50693 and 60 FR 31633). The proposed revisions to the 
definition of VOC would make the TNRCC definition consistent with the EPA 
definition. The proposal is also being made in response to a company's petition 
to exclude VMS from the definition of VOC, which the TNRCC approved for 
rulemaking on July 12, 1995. 
 The TNRCC also proposes to add definitions of high-bake coatings, low-bake 
coatings, mechanical shoe seal; revise the definitions of gasoline bulk plant 
and gasoline terminal to clarify that these do not include marine loading 
operations, which are separately regulated; delete the definition of specified 
solvent-using processes and relocate the associated definitions of cold solvent 
cleaning, open-top vapor degreasing, and conveyorized degreasing; and revise the 
definition of volatile organic compound to correct typographical errors. In 
addition, the TNRCC proposes changes to sec.101.1 to delete the definition of 
automobile refinishing and replace it with a definition of vehicle refinishing 
(body shops) which more accurately describes the activities included in this 
definition. Finally, the definitions of automotive basecoat/clearcoat system, 
automotive precoat, automotive pretreatment, automotive primer or primer 
surfacers, automotive sealers, automotive specialty coatings, automotive three-
stage system, and automotive wipe-down solutions are proposed to be revised to 
include a reference to vehicle refinishing (body shops). 
 Stephen Minick, Strategic Planning and Appropriations Division, has determined 
that for the first five-year period the section is in effect there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the section. 
 Mr. Minick also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be a more understandable and enforceable environmental regulation. 
There will be no effect on small businesses. There is no anticipated economic 
cost to persons who are required to comply with the section as proposed. 
 Public hearings on this proposal will be held in Beaumont on September 26, 
1995, at 7:00 p.m. at the John Gray Institute, 855 Florida Avenue, Beaumont; and 
in Houston on September 27, 1995, at 10:00 a.m. in Conference Room A at the 
Houston-Galveston Area Council, 3555 Timmons Lane, Houston. Individuals may 
present oral statements when called upon in order of registration. Open 
discussion within the audience will not occur during the hearing; however a 
TNRCC staff member will be available to discuss the proposal 30 minutes prior to 
the hearing and will answer questions before and after the hearing. 
 Written comments not presented at the hearing may be submitted to the TNRCC 
central office in Austin. The deadline for submission of written comments will 
be 30 days after the date of publication of the proposal in the Texas Register . 
Material received by the TNRCC Office of Policy and Regulatory Development by 
4:00 p.m. on that date will be considered by the Commission prior to any final 
action on the proposal. Please mail written comments to Heather Evans, Office of 
Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-
3087, and reference Rule Log #95134-115-AI. Comments can also be faxed to (512) 
239-5687. Copies of the proposal are available at the central office of the 
TNRCC, Air Policy and Regulations Division, located at 12118 North IH-35, Park 
35 Technology Center, Building E, Austin, and at all TNRCC regional offices. For 
further information, contact Ann Hammer at (512) 239-6255 or Eddie Mack at (512) 
239-1488. 
 Persons with disabilities who have special communication or other accommodation 
needs who are planning to attend the hearing should contact the agency at (512) 
239-4900. Requests should be made as far in advance as possible. 
 The amendment is proposed under the Texas Health and Safety Code (Vernon 1992), 
the Texas Clean Air Act (TCAA), sec.382.017, which provides the TNRCC with the 
authority to adopt rules consistent with the policy and purposes of the TCAA. 
 The proposed amendment affects the Health and Safety Code, sec.382.017. 
 
 
  sec.101.1. Definitions.  Unless specifically defined in the Texas Clean Air 
Act (TCAA) or in the rules of the Texas Natural Resource Conservation Commission 
(TNRCC), the terms used by the TNRCC have the meanings commonly ascribed to them 
in the field of air pollution control. In addition to the terms which are 
defined by the TCAA, the following terms, when used in this chapter, shall have 
the following meanings, unless the context clearly indicates otherwise. 
   
   [Automobile refinishing -The recoating of individual automobiles and light-
duty trucks by a commercial operation other than the manufacturer to repair, 
restore, or alter the exterior finish, including primer, primer surfacer, alkyd 
enamel, base coat, clear coat, and lacquer application.] 
   
   Automotive basecoat/clearcoat system (used in <nl>vehicle <ol> [automobile] 
refinishing  <nl>(body shops)<ol>)-A topcoat system composed of a pigmented 
basecoat portion and a transparent clearcoat portion. The volatile organic 
compound (VOC) content of a basecoat (bc) /clearcoat (cc) system shall be 
calculated according to the following formula: 
   
  <ol>Figure 1: 30 TAC sec.101.1 
   
   Automotive precoat (used in <nl>vehicle<ol> [automobile] refinishing 
<nl>(body shops)<ol>)-Any coating that is applied to bare metal to deactivate 
the metal surface for corrosion resistance to a subsequent water-based primer. 
This coating is applied to bare metal solely for the prevention of flash 
rusting. 
   
   Automotive pretreatment (used in <nl>vehicle<ol> [automobile] refinishing 
<nl>(body shops)<ol>)-Any coating which contains a minimum of 0.5% acid by 
weight that is applied directly to bare metal surfaces to etch the metal surface 
for corrosion resistance and adhesion. 
   
   Automotive primer or primer surfacers (used in <nl>vehicle<ol> [automobile] 
refinishing <nl>(body shops) <ol>)-Any base coat, sealer, or intermediate coat 
which is applied prior to colorant or aesthetic coats. 
   
   Automotive sealers (used in <nl>vehicle<ol> [automobile] refinishing 
<nl>(body shops)<ol>)-Coatings that are formulated with resins which, when 
dried, are not readily soluble in typical solvents. These coatings act as a 
shield for surfaces over which they are sprayed by resisting the penetration of 
solvents which are in the final topcoat. 
   
   Automotive specialty coatings (used in <nl>vehicle <ol> [automobile] 
refinishing  <nl>(body shops)<ol>)-Coatings or additives which are necessary due 
to unusual job performance requirements. These coatings or additives prevent the 
occurrence of surface defects and impart or improve desirable coating 
properties. These products include, but are not limited to, uniform finish 
blenders, elastomeric materials for coating of flexible plastic parts, coatings 
for non-metallic parts, jambing clear coatings, gloss flatteners, and anti-
glare/safety coatings. 
   
   Automotive three-stage system (used in <nl>vehicle <ol> [automobile] 
refinishing  <nl>(body shops)<ol>)-A topcoat system composed of a pigmented 
basecoat portion, a semitransparent midcoat portion, and a transparent clearcoat 
portion. The volatile organic compound (VOC) content of a three-stage system 
shall be calculated according to the following formula: 
   
  <ol>Figure 2: 30 TAC sec.101.1 
   
   Automotive wipe-down solutions <nl>(used in vehicle refinishing (body shops)) 
<ol>-Any solution used for cleaning and surface preparation. 
   
  <nl>   Cold solvent cleaning-The batch process of cleaning and removing soils 
from metal surfaces by spraying, brushing, flushing, and/or immersion while 
maintaining the solvent below its boiling point. Wipe cleaning (hand cleaning) 
is not included in this definition. 
   
  <nl>   Conveyorized degreasing -The continuous process of cleaning and 
removing soils from metal surfaces by operating with either cold or vaporized 
solvent. 
   
   Gasoline bulk plant-A gasoline loading and/or unloading facility<nl>, 
excluding marine terminals,<ol> having a gasoline throughput less than 20,000 
gallons (75,708 liters) per day, averaged over any consecutive 30-day period. A 
motor vehicle fuel dispensing facility is not a gasoline bulk plant. 
   
   Gasoline terminal -A gasoline loading and/or unloading facility<nl>, exluding 
marine terminals,<ol> having a gasoline throughput equal to or greater than 
20,000 gallons (75,708 liters) per day, averaged over any consecutive 30-day 
period. 
   
  <nl>   High-bake coatings -Coatings designed to cure at temperatures above 194 
degrees Fahrenheit. 
   
  <nl>   Low-bake coatings -Coatings designed to cure at temperatures of 194 
degrees Fahrenheit or less. 
   
  <nl>   Mechanical shoe seal-A metal sheet which is held vertically against the 
storage tank wall by springs or weighted levers and is connected by braces to 
the floating roof. A flexible coated fabric (envelope) which is impervious to 
volatile organic compounds spans the annular space between the metal sheet and 
the floating roof. 
   
  <nl>   Open-top vapor degreasing-The batch process of cleaning and removing 
soils from metal surfaces by condensing hot solvent vapors on the colder metal 
parts. 
   
   [Specified solvent-using processes- 
 
  [(A) Cold solvent cleaning-The batch process of cleaning and removing soils 
from metal surfaces by spraying, brushing, flushing, and/or immersion while 
maintaining the solvent below its boiling point. Wipe cleaning (hand cleaning) 
is not included in this definition. 
   
  [(B) Open-top vapor degreasing-The batch process of cleaning and removing 
soils from metal surfaces by condensing hot solvent vapors on the colder metal 
parts. 
   
  [(C) Conveyorized degreasing-The continuous process of cleaning and removing 
soils from metal surfaces by operating with either cold or vaporized solvent.] 
     
  <nl>   Vehicle refinishing (body shops)-The repair and recoating of vehicles, 
including, but not limited to, motorcycles, passenger cars, vans, light-duty 
trucks, medium-duty trucks, heavy-duty trucks, buses, and other vehicle body 
parts, bodies, and cabs by an operation other than the original manufacturer. 
The repair and recoating of trailers and construction equipment is not included. 
   
   Volatile organic compound-Any compound of carbon or mixture of carbon 
compounds excluding methane, ethane, 1,1,1-trichloroethane (methyl chloroform), 
methylene chloride (dichloromethane), trichlorofluoromethane (CFC-11), 
dichlorodifluoromethane (CFC-12), chlorodifluoromethane  <nl>(HCFC-22)<ol> 
[(CFC-22)], trifluoromethane <nl>(HFC-23)<ol> [(FC-23)], <nl>1,1,2-trichloro-
1,2,2-trifluoroethane<ol> [1, 1,1-trichloro-2,2,2-trifluoroethane] (CFC-113), 
1,2-dichloro-1,1,2, 2-tetrafluoroethane (CFC-114), chloropentafluoroethane (CFC-
115), 1,1, 1-trifluoro-2,2-dichloroethane (HCFC-123), <nl>2-chloro-1,1,1, 2-
tetrafluoroethane <ol> [1,1,1,2-tetrafluoroethane] (HCFC-124), pentafluoroethane 
(HFC-125), 1,1,2,2-tetrafluoroethane (HFC-134), 1,1,1, 2-tetrafluoroethane (HFC-
134a), 1,1-dichloro-1-fluoroethane (HCFC-141b), 1-chloro-1,1-difluoroethane 
(HCFC-142b), 1,1,1-trifluoroethane (HFC-143a), 1, 1-diflouroethane (HFC-152a), 
<nl>parachlorobenzotrifluoride (PCBTF-), cyclic, branched, or linear completely 
methylated siloxanes, acetone<ol>, carbon monoxide, carbon dioxide, carbonic 
acid, metallic carbides or carbonates, ammonium carbonate, and perfluorocarbon 
compounds which fall into these classes: 
 
  (A) cyclic, branched, or linear, completely fluorinated alkanes; 
   
  (B) cyclic, branched, or linear, completely fluorinated ethers with no 
unsaturations; 
   
  (C) cyclic, branched, or linear, completely fluorinated tertiary amines with 
no unsaturations; and 
   
  (D)  sulfur-containing perfluorocarbons with no unsaturations and with sulfur 
bonds only to carbon and fluorine. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 30, 1995. 
 TRD-9510945 
  Lydia Gonzalez-Gromatzky 
 Acting Director, Legal Services Division 
 Texas Natural Resource Conservation Commission 
    Proposed date of adoption: December 20, 1995 
 For further information, please call: (512) 239-1970 
         
             Chapter 115. Control of Air Pollution From Volatile Organic 
Compounds 
  
  Subchapter A. Definitions 
 
  30 TAC sec.115.10 
 
  The Texas Natural Resource Conservation Commission (TNRCC) proposes an 
amendment to sec.115.10, concerning Definitions. The definition of volatile 
organic compounds (VOC) is proposed to be modified by exempting acetone, 
parachlorobenzotrifluoride (PCBTF), and volatile methyl siloxanes (VMS) from the 
definition of VOC. For clarity, and to increase consistency with recent TNRCC 
rule revisions, federal rules, and Environmental Protection Agency (EPA) 
terminology, the TNRCC also proposes minor revisions to several other 
definitions. 
 The proposed changes to the definition of VOC would add acetone, PCBTF, and VMS 
to the list of compounds which are not classified as VOCs. The EPA has ruled 
that these compounds have negligible photochemical reactivity, and thus do not 
appreciably contribute to the formation of urban ozone (final rules at 59 
Federal Register (FR) 50693 and 60 FR 31633). The proposed revisions to the 
definition of VOC would make the TNRCC definition consistent with the EPA 
definition. The proposal is also being made in response to a company's petition 
to exclude VMS from the definition of VOC, which the TNRCC approved for 
rulemaking on July 12, 1995. 
 The TNRCC also proposes to add definitions of high-bake coatings, low-bake 
coatings, mechanical shoe seal; revise the definitions of gasoline bulk plant 
and gasoline terminal to clarify that these do not include marine loading 
operations, which are separately regulated; delete the definition of specified 
solvent-using processes and relocate the associated definitions of cold solvent 
cleaning, open-top vapor degreasing, and conveyorized degreasing; and revise the 
definition of volatile organic compound to correct typographical errors. In 
addition, the TNRCC proposes changes to sec.115.10 to delete the definition of 
automobile refinishing and replace it with a definition of vehicle refinishing 
(body shops) which more accurately describes the activities included in this 
definition. Finally, the definitions of automotive basecoat/clearcoat system, 
automotive precoat, automotive pretreatment, automotive primer or primer 
surfacers, automotive sealers, automotive specialty coatings, automotive three-
stage system, and automotive wipe-down solutions are proposed to be revised to 
include a reference to vehicle refinishing (body shops). 
 The proposed changes to sec.115.10 also revise the definitions of external 
floating roof and internal floating cover to specify that an external floating 
roof storage tank which is equipped with a self-supporting fixed roof (typically 
a bolted aluminum geodesic dome) is considered to be an internal floating roof 
storage tank for inspection requirements in Chapter 115. The confined space 
created by the addition of the dome cover may be unsafe to enter while the tank 
is in service, so the requirement for an annual physical measurement of the seal 
gap, which requires entry, is not appropriate. Since geodesic domes are 
typically retrofitted onto external floating roof tanks (for weather 
protection), these tanks will already be equipped with primary and secondary 
seals on the floating roof. The TNRCC considers it appropriate to maintain the 
requirement for a secondary seal, after the addition of a geodesic dome. The 
emissions from a storage tank with a single seal and a geodesic dome roof are 
higher than an internal floating roof storage tank with a single seal, due to 
the gap between the geodesic dome roof and the tank, which creates evaporative 
wind effects at the fitting penetrations and seals of the floating roofs. 
 Stephen Minick, Strategic Planning and Appropriations Division, has determined 
that for the first five-year period the section is in effect there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the section. 
 Mr. Minick also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be a more understandable and enforceable environmental regulation. 
There will be no effect on small businesses. There is no anticipated economic 
cost to persons who are required to comply with the section as proposed. 
 Public hearings on this proposal will be held in Beaumont on September 26, 
1995, at 7:00 p.m. at the John Gray Institute, 855 Florida Avenue, Beaumont; and 
in Houston on September 27, 1995, at 10:00 a.m. in Conference Room A at the 
Houston-Galveston Area Council, 3555 Timmons Lane, Houston. Individuals may 
present oral statements when called upon in order of registration. Open 
discussion within the audience will not occur during the hearing; however a 
TNRCC staff member will be available to discuss the proposal 30 minutes prior to 
the hearing and will answer questions before and after the hearing. 
 Written comments not presented at the hearing may be submitted to the TNRCC 
central office in Austin. The deadline for submission of written comments will 
be 30 days after the date of publication of the proposal in the Texas Register . 
Material received by the TNRCC Office of Policy and Regulatory Development by 
4:00 p.m. on that date will be considered by the Commission prior to any final 
action on the proposal. Please mail written comments to Heather Evans, Office of 
Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-
3087, and reference Rule Log #95134-115-AI. Comments can also be faxed to (512) 
239-5687. Copies of the proposal are available at the central office of the 
TNRCC, Air Policy and Regulations Division, located at 12118 North IH-35, Park 
35 Technology Center, Building E, Austin, and at all TNRCC regional offices. For 
further information, contact Ann Hammer at (512) 239-6255 or Eddie Mack at (512) 
239-1488. 
 Persons with disabilities who have special communication or other accommodation 
needs who are planning to attend the hearing should contact the agency at (512) 
239-4900. Requests should be made as far in advance as possible. 
 The amendment is proposed under the Texas Health and Safety Code (Vernon 1992), 
the Texas Clean Air Act (TCAA), sec.382.017, which provides the TNRCC with the 
authority to adopt rules consistent with the policy and purposes of the TCAA. 
 The proposed amendment affects the Health and Safety Code, sec.382.017. 
 
 
  sec.115.10. Definitions.  Unless specifically defined in the Texas Clean Air 
Act (TCAA) or in the rules of the Texas Natural Resource Conservation Commission 
(Commission), the terms used by the Commission have the meanings commonly 
ascribed to them in the field of air pollution control. In addition to the terms 
which are defined by the TCAA, the following terms, when used in this chapter, 
shall have the following meanings, unless the context clearly indicates 
otherwise. 
   
   [Automobile refinishing -The recoating of individual automobiles and light-
duty trucks by a commercial operation other than the manufacturer to repair, 
restore, or alter the exterior finish, including primer, primer surfacer, alkyd 
enamel, base coat, clear coat, and lacquer application.] 
   
   Automotive basecoat/clearcoat system (used in <nl>vehicle <ol> [automobile] 
refinishing  <nl>(body shops)<ol>)-A topcoat system composed of a pigmented 
basecoat portion and a transparent clearcoat portion. The volatile organic 
compound (VOC) content of a basecoat (bc) /clearcoat (cc) system shall be 
calculated according to the following formula: 
   
  <ol>Figure 1: 30 TAC sec.115.10 
   
   Automotive precoat (used in <nl>vehicle<ol> [automobile] refinishing 
<nl>(body shops)<ol>)-Any coating that is applied to bare metal to deactivate 
the metal surface for corrosion resistance to a subsequent water-based primer. 
This coating is applied to bare metal solely for the prevention of flash 
rusting. 
   
   Automotive pretreatment (used in <nl>vehicle<ol> [automobile] refinishing 
<nl>(body shops)<ol>)-Any coating which contains a minimum of 0.5% acid by 
weight that is applied directly to bare metal surfaces to etch the metal surface 
for corrosion resistance and adhesion. 
   
   Automotive primer or primer surfacers (used in <nl>vehicle<ol> [automobile] 
refinishing <nl>(body shops) <ol>)-Any base coat, sealer, or intermediate coat 
which is applied prior to colorant or aesthetic coats. 
   
   Automotive sealers (used in <nl>vehicle<ol> [automobile] refinishing 
<nl>(body shops)<ol>)-Coatings that are formulated with resins which, when 
dried, are not readily soluble in typical solvents. These coatings act as a 
shield for surfaces over which they are sprayed by resisting the penetration of 
solvents which are in the final topcoat. 
   
   Automotive specialty coatings (used in <nl>vehicle <ol> [automobile] 
refinishing  <nl>(body shops)<ol>)-Coatings or additives which are necessary due 
to unusual job performance requirements. These coatings or additives prevent the 
occurrence of surface defects and impart or improve desirable coating 
properties. These products include, but are not limited to, uniform finish 
blenders, elastomeric materials for coating of flexible plastic parts, coatings 
for non-metallic parts, jambing clear coatings, gloss flatteners, and anti-
glare/safety coatings. 
   
   Automotive three-stage system (used in <nl>vehicle <ol> [automobile] 
refinishing  <nl>(body shops)<ol>)-A topcoat system composed of a pigmented 
basecoat portion, a semitransparent midcoat portion, and a transparent clearcoat 
portion. The volatile organic compound (VOC) content of a three-stage system 
shall be calculated according to the following formula: 
   
  <ol>Figure 2: 30 TAC sec.115.10 
   
   Automotive wipe-down solutions <nl>(used in vehicle refinishing (body shops)) 
<ol>-Any solution used for cleaning and surface preparation. 
   
  <nl>   Cold solvent cleaning-The batch process of cleaning and removing soils 
from metal surfaces by spraying, brushing, flushing, and/or immersion while 
maintaining the solvent below its boiling point. Wipe cleaning (hand cleaning) 
is not included in this definition. 
   
  <nl>   Conveyorized degreasing -The continuous process of cleaning and 
removing soils from metal surfaces by operating with either cold or vaporized 
solvent. 
   
   External floating roof-A cover or roof in an open-top tank which rests upon 
or is floated upon the liquid being contained and is equipped with a single or 
double seal to close the space between the roof edge and tank shell. A double 
seal consists of two complete and separate closure seals, one above the other, 
containing an enclosed space between them. <nl>An external floating roof storage 
tank which is equipped with a self-supporting fixed roof (typically a bolted 
aluminum geodesic dome) shall be considered to be an internal floating roof 
storage tank only for the inspection requirements of this chapter (relating to 
Control of Air Pollution from Volatile Organic Compounds). 
   
   Gasoline bulk plant-A gasoline loading and/or unloading facility<nl>, 
excluding marine terminals,<ol> having a gasoline throughput less than 20,000 
gallons (75,708 liters) per day, averaged over any consecutive 30-day period. A 
motor vehicle fuel dispensing facility is not a gasoline bulk plant. 
   
   Gasoline terminal -A gasoline loading and/or unloading facility<nl>, 
excluding marine terminals,<ol> having a gasoline throughput equal to or greater 
than 20,000 gallons (75,708 liters) per day, averaged over any consecutive 30-
day period. 
   
  <nl>   High-bake coatings -Coatings designed to cure at temperatures above 194 
degrees Fahrenheit. 
   
   Internal floating cover-A cover or floating roof in a fixed roof tank which 
rests upon or is floated upon the liquid being contained, and is equipped with a 
closure seal or seals to close the space between the cover edge and tank shell. 
<nl>An external floating roof storage tank which is equipped with a self-
supporting fixed roof (typically a bolted aluminum geodesic dome) shall be 
considered to be an internal floating roof storage tank only for the inspection 
requirements of this chapter (relating to Control of Air Pollution from Volatile 
Organic Compounds). 
   
  <nl>   Low-bake coatings -Coatings designed to cure at temperatures of 194 
degrees Fahrenheit or less. 
   
  <nl>   Mechanical shoe seal-A metal sheet which is held vertically against the 
storage tank wall by springs or weighted levers and is connected by braces to 
the floating roof. A flexible coated fabric (envelope) which is impervious to 
volatile organic compounds spans the annular space between the metal sheet and 
the floating roof. 
   
  <nl>   Open-top vapor degreasing-The batch process of cleaning and removing 
soils from metal surfaces by condensing hot solvent vapors on the colder metal 
parts. 
   
   [Specified solvent-using processes- 
 
  [(A) Cold solvent cleaning-The batch process of cleaning and removing soils 
from metal surfaces by spraying, brushing, flushing, and/or immersion while 
maintaining the solvent below its boiling point. Wipe cleaning (hand cleaning) 
is not included in this definition. 
   
  [(B) Open-top vapor degreasing-The batch process of cleaning and removing 
soils from metal surfaces by condensing hot solvent vapors on the colder metal 
parts. 
   
  [(C) Conveyorized degreasing-The continuous process of cleaning and removing 
soils from metal surfaces by operating with either cold or vaporized solvent.] 
     
  <nl>   Vehicle refinishing (body shops)-The repair and recoating of vehicles, 
including, but not limited to, motorcycles, passenger cars, vans, light-duty 
trucks, medium-duty trucks, heavy-duty trucks, buses, and other vehicle body 
parts, bodies, and cabs by an operation other than the original manufacturer. 
The repair and recoating of trailers and construction equipment is not included. 
   
   Volatile organic compound-Any compound of carbon or mixture of carbon 
compounds excluding methane, ethane, 1,1,1-trichloroethane (methyl chloroform), 
methylene chloride (dichloromethane), trichlorofluoromethane (CFC-11), 
dichlorodifluoromethane (CFC-12), chlorodifluoromethane  <nl>(HCFC-22)<ol> 
[(CFC-22)], trifluoromethane <nl>(HFC-23)<ol> [(FC-23)], <nl>1,1,2-trichloro-
1,2,2-trifluoroethane<ol> [1, 1,1-trichloro-2,2,2-trifluoroethane] (CFC-113), 
1,2-dichloro-1,1,2, 2-tetrafluoroethane (CFC-114), chloropentafluoroethane (CFC-
115), 1,1, 1-trifluoro-2,2-dichloroethane (HCFC-123), <nl>2-chloro-1,1,1, 2-
tetrafluoroethane <ol> [1,1,1,2-tetrafluoroethane] (HCFC-124), pentafluoroethane 
(HFC-125), 1,1,2,2-tetrafluoroethane (HFC-134), 1,1,1, 2-tetrafluoroethane (HFC-
134a), 1,1-dichloro-1-fluoroethane (HCFC-141b), 1-chloro-1,1-difluoroethane 
(HCFC-142b), 1,1,1-trifluoroethane (HFC-143a), 1, 1-diflouroethane (HFC-152a), 
<nl>parachlorobenzotrifluoride (PCBTF-), cyclic, branched, or linear completely 
methylated siloxanes, acetone<ol>, carbon monoxide, carbon dioxide, carbonic 
acid, metallic carbides or carbonates, ammonium carbonate, and perfluorocarbon 
compounds which fall into these classes: 
 
  (A)-(D) (No change.) 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 30, 1995. 
 TRD-9510946 
  Lydia Gonzalez-Gromatzky 
 Acting Director, Legal Services Division 
 Texas Natural Resource Conservation Commission 
    Proposed date of adoption: December 20, 1995 
 For further information, please call: (512) 239-1970 
         
             
  Subchapter B. General Volatile Organic Compound Sources 
 
  Storage of Volatile Organic Compounds 
 
  30 TAC sec.sec.115.112, 115.114, 115.116, 115.117 
 
  The Texas Natural Resource Conservation Commission (TNRCC or Commission) 
proposes amendments to sec.sec.115.112, 115.114, 115.116, and 115.117, 
concerning Storage of Volatile Organic Compounds (VOC). The proposed changes to 
sec.115. 112, concerning Control Requirements, clarify existing control 
requirements and update terminology. 
 The proposed changes to sec.115.114, concerning Inspection Requirements, 
establish separate inspection requirements for internal and external floating 
roof tanks, and establish a 45-day repair schedule with the availability of a 
30-day extension. 
 The proposed changes to sec.115.116, concerning Monitoring and Recordkeeping 
Requirements, and sec.115.117, concerning Exemptions, clarify that exemptions 
based upon vapor pressure are determined at storage conditions. The TNRCC 
intends to include more specific language which defines the temperature used to 
establish the vapor pressure in the adoption of final rules. 
 The proposed changes to sec.115.117 also update terminology and resolve a 
conflict between recordkeeping requirements and exemptions. The conflict is 
between sec.115.117(a)(1) and (b)(1), which exempt tanks storing VOC with a true 
vapor pressure less than 1.5 psia, and sec.115.116(a)(1) and (b)(1), which 
require maintenance of records for certain exempt storage tanks. Because 
maintaining records of exempt status is necessary for enforcement of the rule, a 
proposed correction to sec.115.117(a)(1) and (b)(1) specifies that the 
recordkeeping requirements are not included in these exemptions. 
 Stephen Minick, Strategic Planning and Appropriations Division, has determined 
that for the first five-year period the sections are in effect there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the sections. 
 Mr. Minick also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be a more understandable and enforceable environmental 
regulation. There will be minimal or no effect on small businesses, persons, or 
businesses who are required to comply with the sections as proposed. The 
proposed requirement to maintain records of exempt status will have minimal 
fiscal impact, since most companies already maintain such records. 
 Public hearings on this proposal will be held in Beaumont on September 26, 
1995, at 7:00 p.m. at the John Gray Institute, 855 Florida Avenue, Beaumont; and 
in Houston on September 27, 1995 at 10:00 a.m. in Conference Room A at the 
Houston-Galveston Area Council, 3555 Timmons Lane, Houston. Individuals may 
present oral statements when called upon in order of registration. Open 
discussion within the audience will not occur during the hearing; however, a 
TNRCC staff member will be available to discuss the proposal 30 minutes prior to 
the hearing and will answer questions before and after the hearing. 
 Written comments not presented at the hearing may be submitted to the TNRCC 
central office in Austin. The deadline for submission of written comments will 
be 30 days after the date of publication of the proposal in the Texas Register . 
Material received by the TNRCC Office of Policy and Regulatory Development by 
4:00 p.m. on that date will be considered by the Commission prior to any final 
action on the proposal. Please mail written comments to Heather Evans, Office of 
Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-
3087, and reference Rule Log #95137-115-AI. Comments can also be faxed to (512) 
239-5687. Copies of the proposal are available at the central office of the 
TNRCC, Air Policy and Regulations Division, located at 12118 North IH-35, Park 
35 Technology Center, Building E, Austin, and at all TNRCC regional offices. For 
further information, contact Eddie Mack at (512) 239-1488. 
 Persons with disabilities who have special communication or other accommodation 
needs who are planning to attend the hearing should contact the agency at (512) 
239-4900. Requests should be made as far in advance as possible. 
 The amendments are proposed under the Texas Health and Safety Code (Vernon 
1992), the Texas Clean Air Act (TCAA), sec.382.017, which provides the TNRCC 
with the authority to adopt rules consistent with the policy and purposes of the 
TCAA. 
 The proposed amendments affect the Health and Safety Code, sec.382.017. 
 
 
  sec.115.112. Control Requirements. 
 
  (a) For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, 
and Houston/Galveston areas as defined in  s115.10 of this title (relating to 
Definitions), the following requirements shall apply. 
 
  (1) (No change.) 
   
  (2) For floating roof storage tanks subject to the provisions of paragraph (1) 
of this subsection, the following requirements shall apply. 
 
  (A) All openings in an internal or external floating roof except for automatic 
bleeder vents <nl>(vacuum breaker vents)<ol> and rim space vents must provide a 
projection below the liquid surface or be equipped with a cover, seal, or lid. 
Any cover, seal, or lid must be in a closed (i.e., no visible gap) position at 
all times except when the device is in actual use. 
   
  (B) Automatic bleeder vents <nl>(vacuum breaker vents)<ol> are to be closed at 
all times except when the roof is <nl>being<ol> floated off or landed on the 
roof leg supports. 
   
  (C) (No change.) 
   
  (D) Any [emergency] roof drain <nl>that empties into the stored liquid shall 
be equipped <ol> [must be provided] with a slotted membrane fabric cover that 
covers at least 90% of the area of the opening. 
   
  (E)-(F) (No change.) 
     
  (3) (No change.) 
     
  (b)  For all persons in Gregg, Nueces, and Victoria counties, the following 
requirements shall apply: 
 
  (1) (No change.) 
   
  (2) For floating roof storage tanks subject to the provisions of paragraph (1) 
of this subsection, the following requirements shall apply. 
 
  (A) All openings in an internal or external floating roof, except for 
automatic bleeder vents <nl>(vacuum breaker vents)<ol> and rim space vents, must 
provide a projection below the liquid surface or be equipped with a cover, seal, 
or lid. Any cover, seal, or lid must be in a closed (i.e., no visible gap) 
position at all times, except when the device is in actual use. 
   
  (B) Automatic bleeder vents <nl>(vacuum breaker vents)<ol> are to be closed at 
all times except when the roof is <nl>being<ol> floated off or landed on the 
roof leg supports. 
   
  (C) (No change.) 
   
  (D) Any [emergency] roof drain <nl>that empties into the stored liquid shall 
be equipped <ol> [must be provided] with a slotted membrane fabric cover that 
covers at least 90% of the area of the opening. 
   
  (E)-(F) No change.) 
       
  (c) (No change.) 
 
     
  sec.115.114. Inspection Requirements. 
 
  (a) For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, 
and Houston/Galveston areas, <nl>the following inspection requirements shall 
apply<ol> [all secondary seals used to comply with sec.115.112(a)(1) of this 
title (relating to Control Requirements) shall be inspected according to the 
following schedules by the owner, operator, or authorized representative to 
insure compliance with sec.115.112(a)(2)(E) and (F) of this title]. 
 
  <nl>(1)  If during an inspection of an internal floating roof storage tank, 
the internal floating roof is not resting on the surface of the volatile organic 
compounds (VOC) inside the storage tank, or liquid has accumulated on the 
internal floating roof, or the seal is detached, or there are holes or tears in 
the seal fabric, within 45 days of the inspection the owner or operator shall 
repair the items or shall empty and degas the storage tank in accordance with 
sec.sec.115.541-115.547 of this title (relating to Degassing or Cleaning of 
Stationary, Marine, and Transport Vessels). If a failure cannot be repaired 
within 45 days and if the vessel cannot be emptied within 45 days, the owner or 
operator may submit a written request for a 30-day extension to the appropriate 
Texas Natural Resource Conservation Commission (TNRCC) regional office and any 
local air pollution control program with jurisdiction. 
   
  <nl>(2) For external floating roof storage tanks, the secondary seal gap shall 
be physically measured at least once every 12 months to insure compliance with 
sec.115.112(a)(2)(F) of this title (relating to Control Requirements). If the 
secondary seal gap exceeds the limitations specified by  s115.112(a)(2)(F) of 
this title, within 45 days of the inspection the owner or operator shall make 
the necessary repairs or shall empty and degas the storage tank in accordance 
with sec.sec.115.541-115.547 of this title. If a failure cannot be repaired 
within 45 days and if the vessel cannot be emptied within 45 days, the owner or 
operator may submit a written request for a 30-day extension to the appropriate 
TNRCC regional office and any local air pollution control program with 
jurisdiction. 
   
  [(1) If the primary seal is vapor-mounted, the secondary seal gap area shall 
be physically measured annually to insure compliance with sec.115.112(a)(2)(F) 
of this title.] 
   
  <nl>(3)<ol>[(2)] If the tank is equipped with a <nl>mechanical<ol> [metallic-
type] shoe or liquid-mounted primary seal, compliance with sec.115. 112(a)(2)(F) 
of this title can be determined by visual inspection. 
   
  <nl>(4)<ol>[(3)] <nl>For external floating roof storage tanks, the<ol> [All] 
secondary <nl>seal<ol> [seals] shall be visually inspected  <nl>at least once 
every six months<ol> [semiannually] to ensure compliance with 
<nl>sec.115.112(a)(2)(E)-(H)<ol> [sec.115.112(a)(2)(E) and (F)] of this title. 
<nl>If the external floating roof is not resting on the surface of the VOC 
inside the storage tank, or liquid has accumulated on the external floating 
roof, or the seal is detached, or there are holes or tears in the seal fabric, 
within 45 days of the inspection the owner or operator shall repair the items or 
shall empty and degas the storage tank in accordance with sec.sec.115.541-
115.547 of this title. If a failure cannot be repaired within 45 days and if the 
vessel cannot be emptied within 45 days, the owner or operator may submit a 
written request for a 30-day extension to the appropriate TNRCC regional office 
and any local air pollution control program with jurisdiction. 
     
  (b) For all persons in Gregg, Nueces, and Victoria counties, <nl>the following 
inspection requirements shall apply<ol> [all secondary seals used to comply with 
sec.115.112(b)(1) of this title shall be inspected according to the following 
schedules by the owner, operator, or authorized representative to insure 
compliance with sec.115.112(b)(2)(E) and (F) of this title]. 
 
  <nl>(1) If during an inspection of an internal floating roof storage tank, the 
internal floating roof is not resting on the surface of the VOC inside the 
storage tank, or liquid has accumulated on the internal floating roof, or the 
seal is detached, or there are holes or tears in the seal fabric, within 45 days 
of the inspection the owner or operator shall repair the items or shall empty 
and degas the storage tank. If a failure cannot be repaired within 45 days and 
if the vessel cannot be emptied within 45 days, the owner or operator may submit 
a written request for a 30-day extension to the appropriate TNRCC regional 
office and any local air pollution control program with jurisdiction. 
   
  <nl>(2) For external floating roof storage tanks, the secondary seal gap shall 
be physically measured at least once every 12 months to insure compliance with 
sec.115.112(b)(2)(F) of this title. If the secondary seal gap exceeds the 
limitations specified by  s115. 112(b)(2)(F) of this title, within 45 days of 
the inspection the owner or operator shall make the necessary repairs or shall 
empty and degas the storage tank. If a failure cannot be repaired within 45 days 
and if the vessel cannot be emptied within 45 days, the owner or operator may 
submit a written request for a 30-day extension to the appropriate TNRCC 
regional office and any local air pollution control program with jurisdiction. 
   
  [(1) If the primary seal is vapor-mounted, the secondary seal gap area shall 
be physically measured annually to insure compliance with sec.115.112(b)(2)(F) 
of this title.] 
   
  <nl>(3) If the tank is equipped with a mechanical shoe or liquid-mounted 
primary seal, compliance with sec.115.112(b)(2)(F) of this title can be 
determined by visual inspection. 
   
  <nl>(4)<ol>[(2)] <nl>For external floating roof storage tanks, the<ol> [All] 
secondary <nl>seal<ol> [seals] shall be visually inspected  <nl>at least once 
every 12 months<ol> [annually] to insure compliance with sec.115.112(b)(2)(E) 
and (F) of this title. <nl>If the external floating roof is not resting on the 
surface of the VOC inside the storage tank, or liquid has accumulated on the 
external floating roof, or the seal is detached, or there are holes or tears in 
the seal fabric, within 45 days of the inspection the owner or operator shall 
repair the items or shall empty and degas the storage tank. If a failure cannot 
be repaired within 45 days and if the vessel cannot be emptied within 45 days, 
the owner or operator may submit a written request for a 30-day extension to the 
appropriate TNRCC regional office and any local air pollution control program 
with jurisdiction. 
     
  <nl>(c) For all persons in Aransas, Bexar, Calhoun, Matagorda, San Patricio, 
and Travis counties, the following inspection requirements shall apply. 
 
  <nl>(1) If during an inspection of an internal floating roof storage tank, the 
internal floating roof is not resting on the surface of the VOC inside the 
storage tank, or liquid has accumulated on the internal floating roof, or the 
seal is detached, or there are holes or tears in the seal fabric, within 45 days 
of the inspection the owner or operator shall repair the items or shall empty 
and degas the storage tank. If a failure cannot be repaired within 45 days and 
if the vessel cannot be emptied within 45 days, the owner or operator may submit 
a written request for a 30-day extension to the appropriate TNRCC regional 
office and any local air pollution control program with jurisdiction. 
   
  <nl>(2) If during an inspection of an external floating roof storage tank, the 
external floating roof is not resting on the surface of the VOC inside the 
storage tank, or liquid has accumulated on the external floating roof, or the 
seal is detached, or there are holes or tears in the seal fabric, within 45 days 
of the inspection the owner or operator shall repair the items or shall empty 
and degas the storage tank. If a failure cannot be repaired within 45 days and 
if the vessel cannot be emptied within 45 days, the owner or operator may submit 
a written request for a 30-day extension to the appropriate TNRCC regional 
office and any local air pollution control program with jurisdiction. 
 
       
  sec.115.116. Monitoring and Recordkeeping Requirements. 
 
  (a)  For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, 
and Houston/Galveston areas, the following recordkeeping requirements shall 
apply. 
 
  (1) The owner or operator of any storage vessel with an external floating roof 
which is exempted from the requirement for a secondary seal as specified in 
sec.115.117(a)(1), (6), and (7) of this title (relating to Exemptions) and used 
to store volatile organic compounds (VOC) with a true vapor pressure greater 
than 1.0 psia (6.9 kPa) <nl>at storage conditions<ol> shall maintain records of 
the type of VOC stored and the average monthly true vapor pressure of the stored 
liquid. 
   
  (2)-(5) (No change.) 
     
  (b)  For all persons in Gregg, Nueces, and Victoria counties, the following 
recordkeeping requirements shall apply. 
 
  (1) The owner or operator of any storage vessel with an external floating roof 
which is exempted from the requirement for a secondary seal as specified in 
sec.115.117(b)(1), (6), and (7) of this title and used to store VOC with a true 
vapor pressure greater than 1. 0 psia (6.9 kPa) <nl>at storage conditions<ol> 
shall maintain records of the type of VOC stored and the average monthly true 
vapor pressure of the stored liquid. 
   
  (2)-(5) (No change.) 
 
       
  sec.115.117. Exemptions. 
 
  (a) For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, 
and Houston/Galveston areas, the following exemptions apply: 
 
  (1) <nl>Except as provided in sec.115. 116 of this title (relating to 
Monitoring and Recordkeeping Requirements), any<ol> [Any] volatile organic 
compound (VOC) with a true vapor pressure less than 1.5 psia (10.3 kPa) <nl>at 
storage conditions <ol> is exempt from the requirements of this undesignated 
head (relating to the Storage of Volatile Organic Compounds). 
   
  (2)-(3) (No change.) 
   
  (4) A welded tank with a <nl>mechanical <ol> [metallic-type] shoe primary seal 
which has a secondary seal from the top of the shoe seal to the tank wall (a 
shoe-mounted secondary seal) is exempt from the requirement for retrofitting 
with a rim-mounted secondary seal if the shoe-mounted secondary seal was 
installed or scheduled for installation before August 22, 1980. 
   
  (5) (No change.) 
   
  (6) Any welded tank storing VOC having a true vapor pressure less than 4.0 
psia (27.6 Kpa) is exempt from any external  <nl>floating roof<ol> secondary 
seal requirement if any of the following types of primary seals have been 
installed before August 22, 1980: 
 
  (A) a <nl>mechanical<ol> [metallic-type] shoe seal; 
   
  (B)-(C) (No change.) 
     
  (7) Any welded tank storing crude oil having a true vapor pressure equal to or 
greater than 4.0 psia (27.6 Kpa) and less than 6.0 psia (41.4 kPa) <nl>at 
storage conditions<ol> is exempt from any external <nl>floating roof<ol> 
secondary seal requirement if any of the following types of primary seals have 
been installed before December 10, 1982: 
 
  (A) a <nl>mechanical<ol> [metallic-type] shoe seal; 
   
  (B)-(C) (No change.) 
       
  (b) For all persons in Gregg, Nueces, and Victoria counties, the following 
exemptions apply: 
 
  (1) <nl>Except as provided in sec.115.116 of this title, any<ol> [Any] VOC 
with a true vapor pressure less than 1.5 psia (10.3 kPa) <nl>at storage 
conditions <ol> is exempt from the requirements of this undesignated head 
(relating to the Storage of Volatile Organic Compounds). 
   
  (2)-(3) (No change.) 
   
  (4) A welded tank with a <nl>mechanical <ol> [metallic-type] shoe primary seal 
which has a secondary seal from the top of the shoe seal to the tank wall (a 
shoe-mounted secondary seal) is exempt from the requirement for retrofitting 
with a rim-mounted secondary seal if the shoe-mounted secondary seal was 
installed or scheduled for installation before August 22, 1980. 
   
  (5) (No change.) 
   
  (6)  Any welded tank storing VOC having a true vapor pressure less than 4.0 
psia (27.6 kPa) is exempt from any external secondary seal requirement if any of 
the following types of primary seals have been installed before August 22, 1980: 
 
  (A) a <nl>mechanical<ol> [metallic-type] shoe seal; 
   
  (B) -(C) (No change.) 
     
  (7) Any welded tank storing crude oil having a true vapor pressure equal to or 
greater than 4.0 psia (27.6 kPa) and less than 6.0 psia (41.4 kPa) <nl>at 
storage conditions<ol> is exempt from any external secondary seal requirement if 
any of the following types of primary seals have been installed before December 
10, 1982: 
 
  (A) a <nl>mechanical<ol> [metallic-type] shoe seal; 
   
  (B)-(C) (No change.) 
       
  (c) For all persons in Aransas, Bexar, Calhoun, Matagorda, San Patricio, and 
Travis Counties, the following exemptions apply: 
 
  (1) Any VOC with a true vapor pressure less than 1.5 psia (10.3 kPa) <nl>at 
storage conditions <ol> is exempt from the requirements of this undesignated 
head (relating to the Storage of Volatile Organic Compounds). 
   
  (2)-(4) (No change.) 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 30, 1995. 
 TRD-9510947 
  Lydia Gonzalez-Gromatzky 
 Acting Director, Legal Services Division 
 Texas Natural Resource Conservation Commission 
    Proposed date of adoption: December 20, 1995 
 For further information, please call: (512) 239-1970 
         
               
  Vent Gas Control 
 
  30 TAC sec.sec.115.121-115.123, 115.126, 115.127, 115.129 
 
  The Texas Natural Resource Conservation Commission (TNRCC or Commission) 
proposes amendments to sec.sec.115.121, 115.122, 115.123, 115.126, 115.127, and 
115.129, concerning Vent Gas Control. The proposed changes have been developed 
in response to a recent policy decision to exempt general vent gas streams 
originating from sources which are addressed by more specific rules elsewhere in 
Chapter 115. Consequently, the TNRCC is proposing an exemption for vent gas 
streams if all the volatile organic compounds (VOC) in the vent gas stream 
originate from a source(s) for which another undesignated head within Chapter 
115 (for example, Storage of VOC) has established a control requirement(s), 
emission specification(s), or exemption(s) which applies to that VOC source 
category in that county. 
 The proposed exemption does not affect the approvability of the Rate-of-
Progress State Implementation Plan because emission reductions associated with 
lowering the general vent gas stream exemption level were not included in the 
emission reduction credit calculations. The proposed rule change will, however, 
ensure that reasonably available control technology (RACT) continues to be 
applied at major sources of VOC, since in order for this new exemption to apply, 
a more specific rule designed to meet RACT must be applicable. 
 In addition, to address concerns raised by a company, the proposed amendments 
revise the synthetic organic chemical manufacturing industry (SOCMI) reactor 
processes and distillation operations vent gas stream control requirements 
through the addition of exemptions (by reference to the corresponding federal 
New Source Performance Standards) which are based upon the total resource 
effectiveness (TRE) index value for individual vent gas streams. The TRE index 
is a decision tool used to determine if the annual cost of controlling a given 
SOCMI reactor/distillation vent gas stream is acceptable when considering the 
emissions reduction achieved. The TRE index value is based upon the vent stream 
flow rate, VOC emission rate, net heating value, and corrosion properties 
(whether or not the vent gas stream contains halogenated compounds). Addition of 
the TRE exemption to the SOCMI reactor processes and distillation operation 
rules will make these rules consistent with the corresponding United States 
Environmental Protection Agency Control Techniques Guideline. 
 The TNRCC is also proposing amendments in order to clarify existing 
requirements, update rule references, and delete obsolete or unnecessary 
language. 
 The proposed amendment to sec.115.121, concerning Emission Specifications, 
deletes language made obsolete by the passage of the May 31, 1995, compliance 
date. 
 The proposed amendment to sec.115.122, concerning Control Requirements, updates 
rule references and deletes language made obsolete by the passage of the May 31, 
1995, compliance date. The proposed changes to sec.115.123, concerning Alternate 
Control Requirements, deletes language made obsolete by the passage of the May 
31, 1995, compliance date. 
 The proposed amendment to sec.115.126, concerning Monitoring and Recordkeeping 
Requirements, updates rule references. 
 The proposed amendment to sec.115.127, concerning Exemptions, adds exemptions 
for a vent gas stream if all of the VOCs in the vent gas stream originate from a 
source(s) for which another undesignated head within Chapter 115 (for example, 
Storage of VOC) has established a control requirement(s), emission 
specification(s), or exemption(s) which apply to that VOC source category in 
that county. In addition, the proposed amendment adds a TRE index limit to the 
SOCMI reactor/distillation vent gas exemptions. The proposed amendment to 
sec.115.127 also updates rule references and deletes language made obsolete by 
the passage of the May 31, 1995, compliance date. 
 The proposed amendment to sec.115.129, concerning Counties and Compliance 
Schedules, updates rule references and deletes language made obsolete by the 
passage of the May 31, 1995, compliance date. 
 Stephen Minick, Strategic Planning and Appropriations Division, has determined 
that for the first five-year period the sections are in effect there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the sections. 
 Mr. Minick also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be a more economically balanced environmental regulation, 
clarification of existing requirements, and deletion of obsolete or unnecessary 
language. There will be no effect on small businesses. There is no anticipated 
economic cost to persons who are required to comply with the sections as 
proposed. Owners or operators of facilities qualifying for the proposed 
exemptions could obtain relief from the requirement to control VOC emissions 
under the vent gas rule and, therefore, could potentially save the cost of 
controls. 
 Public hearings on this proposal will be held in Beaumont on September 26, 
1995, at 7:00 p.m. at the John Gray Institute, 855 Florida Avenue, Beaumont; and 
in Houston on September 27, 1995, at 10:00 a.m. in Conference Room A at the 
Houston-Galveston Area Council, 3555 Timmons Lane, Houston. Individuals may 
present oral statements when called upon in order of registration. Open 
discussion within the audience will not occur during the hearing; however a 
TNRCC staff member will be available to discuss the proposal 30 minutes prior to 
the hearing and will answer questions before and after the hearing. 
 Written comments not presented at the hearing may be submitted to the TNRCC 
central office in Austin. The deadline for submission of written comments will 
be 30 days after the date of publication of the proposal in the Texas Register . 
Material received by the TNRCC Office of Policy and Regulatory Development by 
4:00 p.m. on that date will be considered by the Commission prior to any final 
action on the proposal. Please mail written comments to Heather Evans, Office of 
Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-
3087, and reference Rule Log #95116-115-AI. Comments can also be faxed to (512) 
239-5687. Copies of the proposal are available at the central office of the 
TNRCC, Air Policy and Regulations Division, located at 12118 North IH-35, Park 
35 Technology Center, Building E, Austin, and at all TNRCC regional offices. For 
further information, contact Eddie Mack at (512) 239-1488. 
 Persons with disabilities who have special communication or other accommodation 
needs who are planning to attend the hearing should contact the agency at (512) 
239-4900. Requests should be made as far in advance as possible. 
 The amendments are proposed under the Texas Health and Safety Code (Vernon 
1992), the Texas Clean Air Act (TCAA), sec.382.017, which provides the TNRCC 
with the authority to adopt rules consistent with the policy and purposes of the 
TCAA. 
 The proposed amendments affect the Health and Safety Code, sec.382.017. 
 
 
  sec.115.121. Emission Specifications. 
 
  (a) For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, 
and Houston/Galveston areas as defined in  s115.10 of this title (relating to 
Definitions), the following emission specifications shall apply. 
 
  [(1) Until May 31, 1995 in Brazoria, El Paso, Galveston, Jefferson, and Orange 
counties, no person may allow a vent gas stream to be emitted from any process 
vent containing one or more of the following volatile organic compounds (VOC) or 
classes of VOC, unless the vent gas stream is burned properly in accordance with 
sec.115.122(a) (1) of this title (relating to Control Requirements): 
 
  [(A) emissions of ethylene associated with the formation, handling, and 
storage of solidified low-density polyethylene; 
   
  [(B) emissions of the following specific VOC: ethylene, butadiene, 
isobutylene, styrene, isoprene, propylene, methylstyrene; and 
   
  [(C) emissions of specified classes of VOC, including aldehydes, alcohols, 
aromatics, ethers, olefins, peroxides, amines, acids, esters, ketones, sulfides, 
and branched chain hydrocarbons (C8 and above).] 
     
  <nl>(1)<ol>[(2)] [In Dallas, Harris, and Tarrant counties, and after May 31, 
1995 in ozone nonattainment counties other than Dallas, Harris, and Tarrant, no] 
<nl>No <ol> person may allow a vent gas stream containing VOC to be emitted from 
any process vent, unless the vent gas stream is burned properly in accordance 
with sec.115.122(a)(1) of this title <nl>(relating to Control Requirements)<ol>. 
   
  <nl>(2)<ol>[(3)] [In Harris County, and after May 31, 1995 in ozone 
nonattainment counties other than Harris, no] <nl>No<ol> person may allow a vent 
gas stream to be emitted from any air oxidation synthetic organic chemical 
manufacturing process, any liquid phase polypropylene manufacturing process, any 
liquid phase slurry high-density polyethylene manufacturing process, or any 
continuous polystyrene manufacturing process, unless the vent gas stream is 
controlled to a VOC emission rate of no more than 20 parts per million by volume 
(ppmv) (on a dry basis corrected to 3.0% oxygen), or is burned properly in 
accordance with sec.115.122(a)(2) of this title. 
   
  <nl>(3)<ol>[(4)] After November 15, 1996, no person may allow a vent gas 
stream to be emitted from any synthetic organic chemical manufacturing industry 
reactor process or distillation operation, as defined in sec.115.10 of this 
title, unless the vent gas stream is controlled to a VOC emission rate of no 
more than 20 ppmv (on a dry basis corrected to 3.0% oxygen), or is burned 
properly in accordance with sec.115. 122(a)(2) of this title. 
   
  <nl>(4)<ol>[(5)] In the Dallas/Fort Worth, El Paso, and Houston/Galveston 
areas, VOC emissions from bakery ovens, as defined in sec.115.10 of this title 
[(relating to Definitions)], shall be controlled properly in accordance with 
sec.115.122(a)(3) of this title. 
     
  (b) (No change.) 
   
  (c) For persons in Aransas, Bexar, Calhoun, [Hardin,] Matagorda, [Montgomery,] 
San Patricio, and Travis counties, the following emission specifications shall 
apply: 
 
  (1)-(4) (No change.) 
 
       
  sec.115.122. Control Requirements. 
 
  (a) For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, 
and Houston/Galveston Areas, the following control requirements shall apply: 
 
  (1) Any vent gas streams affected by <nl> s115.121(a)(1)<ol> 
[sec.115.121(a)(1) and (2)] of this title (relating to Emission Specifications) 
must be burned properly at a temperature equal to or greater than 1,300 degrees 
Fahrenheit (704 degrees Celsius) in a smokeless flare or a direct-flame 
incinerator with a destruction efficiency of at least 90%. 
   
  (2) Any vent gas streams affected by <nl> s115.121(a)(2) and (3)<ol> 
[sec.115.121(a)(3) and (4)] of this title, must be controlled to a volatile 
organic compound (VOC) emission rate of no more than 20 parts per million by 
volume (on a dry basis corrected to 3.0% oxygen), or burned properly in a 
smokeless flare or a direct-flame incinerator which has a destruction efficiency 
of at least 98%. The owner or operator of an affected facility that uses a flare 
shall install, calibrate, maintain, and operate according to the manufacturer's 
specifications, a heat-sensing device, such as an ultraviolet beam sensor or 
thermocouple, at the pilot light to indicate continuous presence of a flame. 
   
  (3) For the Dallas/Fort Worth, El Paso, and Houston/Galveston areas, VOC 
emissions from each bakery with a bakery oven vent gas stream(s) affected by 
<nl>sec.115.121(a)(4) <ol> [sec.115.121(a)(5)] of this title [(relating to 
Emission Specifications)] shall be reduced as follows. 
 
  (A)-(B) (No change.) 
   
  (C) Each bakery in the Dallas/Fort Worth area with a total weight of VOC 
emitted from all bakery ovens on the property, when uncontrolled, equal to or 
greater than 25 tons per calendar year, but less than 100 tons per calendar 
year, shall reduce total VOC emissions by at least 30% from the bakery's 1990 
baseline emissions inventory in accordance with the schedule specified in 
<nl>sec.115.129(a)(4)<ol> [ s115.129(a)(7)] of this title (relating to Counties 
and Compliance Schedules). 
   
  (D) Each bakery in the El Paso area with a total weight of VOC emitted from 
all bakery ovens on the property, when uncontrolled, equal to or greater than 25 
tons per calendar year shall reduce total VOC emissions by at least 30% from the 
bakery's 1990 baseline emissions inventory in accordance with the schedule 
specified in <nl>sec.115.129(a)(5)<ol> [ s115. 129(a)(8)] of this title. 
     
  (4) (No change.) 
     
  (b) (No change.) 
   
  (c) For all persons in Aransas, Bexar, Calhoun, [Hardin,] Matagorda, 
[Montgomery,] San Patricio, and Travis counties, the following control 
requirements shall apply: 
 
  (1)-(4) (No change.) 
 
       
  sec.115.123. Alternate Control Requirements. 
 
  (a)-(b) (No change.) 
   
  (c) For all persons in Aransas, Bexar, Calhoun, [Hardin,] Matagorda, 
[Montgomery,] San Patricio, and Travis counties, alternate methods of 
demonstrating and documenting continuous compliance with the applicable control 
requirements or exemption criteria in this section may be approved by the 
Executive Director in accordance with sec.115.910 of this title if emission 
reductions are demonstrated to be substantially equivalent. Direct-flame 
incineration specified for vent gas control in this undesignated head (relating 
to Vent Gas Control) is not intended as an exclusive emission control method for 
VOC. In no event shall a vent gas stream be direct-flame incinerated without 
heat recovery if the incineration will have no practical effect in reducing the 
emission of air contaminants or will result in an actual degradation of air 
quality. Alternate vapor recovery systems which achieve the percent reduction 
efficiencies equivalent to direct-flame incinerators, as stated in 
sec.115.122(c) of this title, do not require Executive Director approval. 
 
     
  sec.115.126. Monitoring and Recordkeeping Requirements. 
 
  (a)  For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas, the owner or operator of any facility which emits 
volatile organic compounds (VOC) through a stationary vent shall maintain 
records at the facility for at least two years and shall make such records 
available to representatives of the Texas Natural Resource Conservation 
Commission (TNRCC), United States Environmental Protection Agency (EPA), or any 
local air pollution control agency having jurisdiction in the area upon request. 
These records shall include, but not be limited to, the following. 
 
  (1) Records for each vent required to satisfy the provisions of 
<nl>sec.115.121(a)(1)-(3)<ol> [ s115.121(a)(2)-(4)] of this title (relating to 
Emission Specifications) shall be sufficient to demonstrate the proper 
functioning of applicable control equipment to design specifications, including: 
 
  (A)-(E) (No change.) 
     
  (2)-(4) (No change.) 
   
  (5) For bakeries affected by sec.115.122(a)(3)(C) and (D) of this title, the 
following additional requirements apply. 
 
  (A) No later than six months after the TNRCC publishes notification in the 
Texas Register <ol> as specified in  <nl>sec.115.129(a)(4)<ol> 
[sec.115.129(a)(7)] of this title (relating to Counties and Compliance 
Schedules), the owner or operator of each bakery shall submit an initial control 
plan to the TNRCC Austin Office (Office of Air Quality), the appropriate TNRCC 
Regional Office, and any local air pollution control program with jurisdiction 
which demonstrates that the overall reduction of VOC emissions [from the 
bakery's 1990 baseline emissions inventory] will be at least 30%. At a minimum, 
the control plan shall include the EPN and the FIN of each bakery oven and any 
associated control device, a plot plan showing the location, EPN, and FIN of 
each bakery oven and any associated control device, and the 1990 VOC emission 
rates (consistent with the bakery's 1990 emissions inventory). The projected VOC 
emission rates shall be calculated in a manner consistent with the 1990 
emissions inventory. 
   
  (B)-(C) (No change.) 
       
  (b) (No change.) 
 
     
  sec.115.127. Exemptions. 
 
  (a) For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, 
and Houston/Galveston areas, the following exemptions apply. 
 
  (1) A vent gas stream from a low-density polyethylene plant is exempt from the 
requirements of sec.115.121(a) (1) [and (2)] of this title (relating to Emission 
Specifications) if no more than 1.1 pounds of ethylene per 1,000 pounds (1.1 
kg/1000 kg) of product are emitted from all the vent gas streams associated with 
the formation, handling, and storage of solidified product. 
   
  [(2) Until May 31, 1995 in Brazoria, El Paso, Galveston, Jefferson, and Orange 
counties, the following vent gas streams are exempt from the requirements of 
sec.115.121(a)(1) of this title: 
 
  [(A) a vent gas stream having a combined weight of the volatile organic 
compounds (VOC) or classes of compounds specified in sec.115.121(a)(1) (B) and 
(C) of this title equal to or less than 100 pounds (45.4 kg) in any continuous 
24-hour period; and 
   
  [(B) a vent gas stream with a concentration of the VOC or classes of compounds 
specified in sec.115.121(a)(1) (B) and (C) of this title less than 0.44 psia 
true partial pressure (30,000 ppm).] 
     
  <nl>(2)<ol>[(3)] [In Dallas, Harris, and Tarrant counties, and after May 31, 
1995 in ozone nonattainment counties other than Dallas, Harris, and Tarrant, 
the] <nl>The <ol> following vent gas streams are exempt from the requirements of 
<nl> s115.121(a)(1)<ol> [sec.115.121(a)(2)] of this title: 
 
  (A) a vent gas stream having a combined weight of  <nl>volatile organic 
compounds ( <ol>VOC<nl>)<ol> equal to or less than 100 pounds (45.4 kg) in any 
continuous 24-hour period; 
   
  [(B) until May 31, 1995 in Harris County, a vent gas stream specified in 
sec.115.121(a)(2) of this title with a concentration of volatile organic 
compound (VOC) less than 0.44 pounds per square inch absolute (psia) true 
partial pressure (30,000 parts per million); 
   
  [(C) until November 15, 1998 for facilities which have been assigned the code 
number 26 as described in the document Standard Industrial Classification (SIC) 
Manual, 1972, as amended by the 1977 Supplement, a vent gas stream specified in 
sec.115.121(a)(2) of this title with a concentration of VOC less than 0.44 psia 
true partial pressure (30,000 parts per million); and] 
   
  <nl>(B)<ol>[(D)] a vent gas stream specified in <nl>sec.115.121(a)(1)<ol> [ 
s115.121(a)(2)] of this title with a concentration of VOC less than 0. 009 
<nl>per square inch absolute (<ol>psia<nl>)<ol> true partial pressure (612  
<nl>parts per million (ppm)); and<ol> [ppm).] 
   
  <nl>(C) until November 15, 1998 for facilities which have been assigned the 
code number 26 as described in the document Standard Industrial Classification 
(SIC) Manual, 1972, as amended by the 1977 Supplement, a vent gas stream 
specified in sec.115. 121(a)(1) of this title with a concentration of VOC less 
than 0.44 psia true partial pressure (30,000 ppm). 
     
  <nl>(3)<ol>[(4)] [In Harris County, and after May 31, 1995 in ozone 
nonattainment counties other than Harris, the] <nl>The<ol> following vent gas 
streams are exempt from the requirements of <nl>sec.115.121(a)(2)<ol> 
[sec.115.121(a)(3)] of this title: 
 
  (A) a vent gas stream having a combined weight of VOC equal to or less than 
100 pounds (45.4 kilograms) in any continuous 24-hour period; 
   
  (B) a vent gas stream from any air oxidation synthetic organic chemical 
manufacturing process with a concentration of VOC less than 0.009 pounds 
<nl>psia<ol> [per square inch absolute (psia)] true partial pressure (612 
<nl>ppm));<ol> [parts per million (ppm));] and 
   
  (C) a vent gas stream from any liquid phase polypropylene manufacturing 
process, any liquid phase slurry high-density polyethylene manufacturing 
process, and any continuous polystyrene manufacturing process with a 
concentration of VOC less than 0.006 psia true partial pressure (408 ppm). 
     
  <nl>(4)<ol>[(5)] For synthetic organic chemical manufacturing industry (SOCMI) 
reactor processes and distillation operations: 
 
  (A) Any reactor process or distillation operation that is designed and 
operated in a batch mode is exempt from the requirements of 
<nl>sec.115.121(a)(3)<ol> [ s115.121(a)(4)] of this title. For the purposes of 
this subparagraph, batch mode means any noncontinuous reactor process or 
distillation operation which is not characterized by steady-state conditions, 
and in which the addition of reactants does not occur simultaneously with the 
removal of products. 
   
  (B) Any reactor process or distillation operation operating in a process unit 
with a total design capacity of less than 1,100 tons per year, for all chemicals 
produced within that unit, is exempt from the requirements of 
<nl>sec.115.121(a)(3) <ol> [sec.115.121(a)(4)] of this title. 
   
  (C) Any reactor process or distillation operation vent gas stream with a flow 
rate less than 0.011 standard cubic meters per minute or a VOC concentration 
less than 500 parts per million by volume is exempt from the requirements of 
<nl> s115.121(a)(3)<ol> [sec.115.121(a)(4)] of this title [(relating to Emission 
Specifications)]. 
   
  <nl>(D) Any distillation operation vent gas stream which meets the 
requirements of 40 Code of Federal Regulations (CFR) 60.660(c)(4) or 60.662(c) 
(concerning Subpart NNN-Standards of Performance for VOC Emissions From SOCMI 
Distillation Operations) is exempt from the requirements of sec.115.121(a)(3) of 
this title. 
   
  <nl>(E) Any reactor process vent gas stream which meets the requirements of 40 
CFR 60.700(c)(2) or 60.702(c) (concerning Subpart RRR -Standards of Performance 
for VOC Emissions From SOCMI Reactor Processes) is exempt from the requirements 
of sec.115.121(a)(3) of this title. 
     
  <nl>(5)<ol>[(6)] Bakeries are exempt from the requirements of 
<nl>sec.115.121(a)(4)<ol> [sec.115.121(a)(5)] and sec.115.122(a)(3) of this 
title (relating to Emission Specifications and Control Requirements) if the 
total weight of VOC emitted from all bakery ovens on the property, when 
uncontrolled, is less than 25 tons per calendar year. 
   
  <nl>(6) A vent gas stream is exempt from this undesignated head (relating to 
Vent Gas Control) if all of the VOCs in the vent gas stream originate from a 
source(s) for which another undesignated head within Chapter 115 (for example, 
Storage of VOC) has established a control requirement(s), emission 
specification(s), or exemption(s) which applies to that VOC source category in 
that county. 
     
  (b) For all persons in Nueces and Victoria counties, the following exemptions 
apply: 
 
  (1) (No change.) 
   
  (2) The following vent gas streams are exempt from the requirements of 
<nl>sec.115.121(b)<ol> [sec.115. 121(b)(1)] of this title: 
 
  (A)-(B) (No change.) 
     
  <nl>(3) A vent gas stream is exempt from this undesignated head (relating to 
Vent Gas Control) if all of the VOCs in the vent gas stream originate from a 
source(s) for which another undesignated head within Chapter 115 (for example, 
Storage of VOC) has established a control requirement(s), emission 
specification(s), or exemption(s) which applies to that VOC source category in 
that county. 
     
  (c) For all persons in Aransas, Bexar, Calhoun, [Hardin,] Matagorda, 
[Montgomery,] San Patricio, and Travis counties, the following exemptions apply: 
 
  (1) (No change.) 
   
  (2) The following vent gas streams are exempt from the requirements of 
sec.115.121(c)(1) of this title: 
 
  (A)  (No change.) 
   
  (B) a vent gas stream having a concentration of the VOC specified in 
sec.115.121(c)(1)(B) and (C) of this title less than 0.44 psia true partial 
pressure <nl>(30,000 ppm)<ol> [(3.0 kPa)]; and 
   
  (C) (No change.) 
     
  <nl>(3) A vent gas stream is exempt from this undesignated head (relating to 
Vent Gas Control) if all of the VOCs in the vent gas stream originate from a 
source(s) for which another undesignated head within Chapter 115 (for example, 
Storage of VOC) has established a control requirement(s), emission 
specification(s), or exemption(s) which applies to that VOC source category in 
that county. 
 
       
  sec.115.129. Counties and Compliance Schedules. All affected persons in the 
Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas 
shall be in compliance with this undesignated head (relating to Vent Gas 
Control) in accordance with the following schedules: 
 
  [(1) All affected persons in Chambers, Collin, Denton, Fort Bend, Hardin, 
Liberty, Montgomery, and Waller counties shall be in compliance with 
sec.115.121(a) of this title (relating to Emission Specifications), sec.115. 
122(a) of this title (relating to Control Requirements), sec.115.123(a) of this 
title (relating to Alternate Control Requirements), sec.115.125(a) of this title 
(relating to Testing Requirements), sec.115.126(a) of this title (relating to 
Monitoring and Recordkeeping Requirements), and sec.115.127(a) of this title 
(relating to Exemptions), as soon as practicable, but no later than May 31, 
1995. Sections 115.121(c), 115.122(c), 115.123(c), and 115.127(c) of this title 
shall no longer apply in Hardin and Montgomery counties after May 31, 1995. 
   
  [(2) All persons in Brazoria, El Paso, Galveston, Jefferson, and Orange 
counties affected by the provisions of sec.115.121(a)(2) and (3) of this title 
and sec.115.127(a)(3) of this title shall be in compliance with these sections 
as soon as practicable, but no later than May 31, 1995. 
   
  [(3) All persons in Harris County affected by the provisions of sec.115. 
127(a)(3)(C) of this title shall be in compliance with this section as soon as 
practicable, but no later than May 31, 1995.] 
   
  <nl>(1)<ol>[(4)] All affected synthetic organic chemical manufacturing 
industry reactor process or distillation operations in Brazoria, Chambers, 
Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, Hardin, Harris, 
Jefferson, Liberty, Montgomery, Orange, Tarrant, and Waller counties shall be in 
compliance with <nl> s115.121(a)(3)<ol> [sec.115.121(a)(4)] of this title 
<nl>(relating to Emission Specifications)<ol> as soon as practicable, but no 
later than November 15, 1996. 
   
  <nl>(2)<ol>[(5)] All affected bakeries in Brazoria, Chambers, Fort Bend, 
Galveston, Harris, Liberty, Montgomery, and Waller counties shall be in 
compliance with <nl>sec. s115.121(a)(4),<ol> [115.121(a)(5),] 115.122(a) (3), 
115.126(a)(4), and <nl>115.127(a)(5)<ol> [115.127(a)(6)] of this title 
<nl>(relating to Emission Specifications; Control Requirements; Monitoring and 
Recordkeeping Requirements; and Exemptions)<ol> as soon as practicable, but no 
later than May 31, 1996. 
   
  <nl>(3)<ol>[(6)] All bakeries in Collin, Dallas, Denton, and Tarrant counties 
affected by sec.115.122(a)(3)(B) of this title shall be in compliance with 
<nl>sec.sec.115.121(a)(4), <ol> [115. 121(a)(5),] 115.122(a)(3), 115.126(a)(4), 
and <nl>115.127(a)(5) <ol> [115. 127(a)(6)] of this title as soon as 
practicable, but no later than May 31, 1996. 
   
  <nl>(4)<ol>[(7)] All bakeries in Collin, Dallas, Denton, and Tarrant counties 
affected by sec.115.122(a)(3)(C) of this title shall be in compliance with 
<nl>sec.sec.115.121(a)(4), <ol> [115.121(a)(5),] 115.122(a)(3)(C), 
115.126(a)(5), and <nl>115.127(a)(5) <ol> [115.127(a)(6)] of this title as soon 
as practicable, but no later than one year after the Texas Natural Resource 
Conservation Commission (TNRCC) publishes notification in the Texas Register 
<ol> of its determination that this contingency rule is necessary as a result of 
failure to attain the national ambient air quality standard (NAAQS) for ozone by 
the [November 15, 1996] attainment deadline or failure to demonstrate reasonable 
further progress as set forth in the 1990 Amendments to the Federal Clean Air 
Act (FCAA), sec.172(c)(9). 
   
  <nl>(5) <ol>[(8)] All bakeries in El Paso County affected by 
sec.115.122(a)(3)(D) of this title shall be in compliance with <nl> 
ssec.115.121(a)(4),<ol> [115.121(a) (5),] 115.122(a)(3)(D), 115.126(a)(5), and 
<nl>115.127(a)(5)<ol> [115.127(a) (6)] of this title as soon as practicable, but 
no later than one year, after the TNRCC publishes notification in the Texas 
Register<ol> of its determination that this contingency rule is necessary as a 
result of failure to attain the NAAQS for ozone by the [November 15, 1996] 
attainment deadline or failure to demonstrate reasonable further progress as set 
forth in the 1990 Amendments to the FCAA, sec.172(c)(9). 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 30, 1995. 
 TRD-9510948 
  Lydia Gonzalez-Gromatzky 
 Acting Director, Legal Services Division 
 Texas Natural Resource Conservation Commission 
    Proposed date of adoption: December 20, 1995 
 For further information, please call: (512) 239-1970 
         
               
  Subchapter C. Volatile Organic Compounds 
 
  Transfer Operations Loading and Unloading of Volatile Organic Compounds 
 
  30 TAC sec.115.212, sec.115.219 
 
  The Texas Natural Resource Conservation Commission (TNRCC) proposes amendments 
to sec.115.212 and sec.115.219, concerning Loading and Unloading of Volatile 
Organic Compounds (VOC). The proposed revisions to sec.115.212, concerning 
Control Requirements, would remove the requirement to upgrade the vapor 
collection systems at gasoline terminals with vacuum-assisted vapor collection. 
The proposal is in response to a petition for rulemaking, approved by the TNRCC 
on July 12, 1995. The proposed revisions to sec.115.219, concerning Counties and 
Compliance Schedules, are initiated to satisfy in the Beaumont/Port Arthur (BPA) 
ozone nonattainment area the 1990 Federal Clean Air Act (FCAA) requirement that 
Reasonably Available Control Technology (RACT) be implemented at major VOC 
sources in ozone nonattainment areas classified as moderate and above. The 
proposed rule revision would implement in BPA, only if absolutely necessary, the 
marine vessel loading control requirements currently applicable to the 
Houston/Galveston (HGA) ozone nonattainment area. 
 The FCAA requires states to adopt a Rate-of-Progress (ROP) State Implementation 
Plan (SIP) which achieves by November 15, 1996, in each moderate and above ozone 
nonattainment area, a 15% net-of-growth reduction in the VOC emissions level. 
The requirement to install vacuum assisted vapor collection systems on gasoline 
loading racks, part of the 15% ROP SIP for the HGA, Dallas/Fort Worth, and El 
Paso ozone nonattainment areas, was adopted by the TNRCC in May, 1994. 
 The proposed deletion of sec.115.212(a)(11)(A) would remove the requirement to 
install vacuum assisted vapor collection systems on gasoline loading racks. The 
TNRCC developed the vacuum assist requirement because it was proposed by the 
United States Environmental Protection Agency (EPA) under the federal Maximum 
Achievable Control Technology (MACT) standards for gasoline terminals (59 
Federal Register 5868), there was experience with the technology in Texas, and 
based on existing information at the time, it was expected to produce meaningful 
additional emission reductions that could be credited towards the 15% ROP 
requirements. The EPA dropped the vacuum assist requirement from the December 
1994 promulgated gasoline distribution MACT standard, due to its determination 
that the required annual leak test of transport vehicles would control most of 
the emissions it previously had thought would be collected by the vacuum assist 
technology. The EPA now estimates that the maximum benefit which may result from 
installing this technology is 1.3% additional capture efficiency, and that even 
this small amount of reduction can not be demonstrated in practice. The deletion 
of the vacuum assist requirement should not affect the approvability of the 15% 
ROP SIP, since the the 1.3% capture efficiency which may possibly be lost by not 
installing this technology represents negligible actual VOC emissions. 
 In addition to including rules which achieve a 15% VOC emissions reduction (net 
of growth) from the 1990 base year emissions inventory by 1996, the ROP SIP must 
include additional control measures representing at least a 3.0% reduction to be 
maintained as contingency measures. The marine vessel loading rule was adopted 
as a contingency rule for BPA on January 4, 1995. The TNRCC can choose to 
implement this rule if the BPA area fails to attain the national ambient air 
quality standard for ozone by the attainment deadline (currently November 15, 
1999), or if the BPA area fails to demonstrate reasonable further progress as 
set forth in the 1990 Amendments to the FCAA, sec.172(c)(9). 
 In addition, BPA is currently classified as a serious ozone nonattainment area, 
but the TNRCC has petitioned EPA to reclassify this area as a moderate 
nonattainment area. If BPA is successfully reclassified as a moderate area, the 
RACT requirement for major sources will still continue to apply. However, the 
TNRCC's ultimate intention is to petition EPA to redesignate BPA as an 
attainment area based upon actual monitoring data or upon modeling using urban 
airshed model (UAM) modeling. If BPA can be successfully redesignated as an 
attainment area, EPA has indicated preliminarily that marine vessel loading 
could remain a contingency rule. 
 The proposed changes to sec.115.219 include a new paragraph (6) which 
establishes marine vessel loading as a control requirement for BPA. This rule 
will be implemented if EPA denies the proposal to redesignate the area as 
attainment for ozone, or if EPA denies approval of the BPA attainment 
demonstration based upon UAM modeling. The TNRCC believes that this satisfies 
the requirement that RACT be implemented for major sources for VOC. The proposed 
changes to sec.115.219 also delete the attainment date from the BPA marine 
vessel loading contingency rule since this date may be revised in the near 
future. 
 Stephen Minick, Strategic Planning and Appropriations Division, has determined 
that for the first five-year period the sections are in effect there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the sections. 
 Mr. Minick also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be satisfaction of FCAA Amendments and EPA requirements, and 
more cost-effective control of VOC emissions from gasoline terminals. Cost 
savings to owners or operators of gasoline terminals would result from this rule 
amendment. Cost savings to owners or operators of marine terminals could result 
from the rule revision since marine vessel loading requirements might be delayed 
indefinitely in BPA. There will be no effect on small businesses. There is no 
anticipated economic cost to persons who are required to comply with the 
sections as proposed. 
 Public hearings on this proposal will be held in Beaumont on September 26, 
1995, at 7:00 p.m. at the John Gray Institute, 855 Florida Avenue, Beaumont; and 
in Houston on September 27, 1995, at 10:00 a.m. in Conference Room A at the 
Houston-Galveston Area Council, 3555 Timmons Lane, Houston. Individuals may 
present oral statements when called upon in order of registration. Open 
discussion within the audience will not occur during the hearing; however a 
TNRCC staff member will be available to discuss the proposal 30 minutes prior to 
the hearing and will answer questions before and after the hearing. 
 Written comments not presented at the hearing may be submitted to the TNRCC 
central office in Austin. The deadline for submission of written comments will 
be 30 days after the date of publication of the proposal in the Texas Register . 
Material received by the TNRCC Office of Policy and Regulatory Development by 
4:00 p.m. on that date will be considered by the Commission prior to any final 
action on the proposal. Please mail written comments to Heather Evans, Office of 
Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-
3087, and reference Rule Log #95135-115-AI. Comments can also be faxed to (512) 
239-5687. Copies of the proposal are available at the central office of the 
TNRCC, Air Policy and Regulations Division, located at 12118 North IH-35, Park 
35 Technology Center, Building E, Austin, and at all TNRCC regional offices. For 
further information, contact Gus Eghneim at (512) 239-1965 or Eddie Mack at 
(512) 239-1488. 
 Persons with disabilities who have special communication or other accommodation 
needs who are planning to attend the hearing should contact the agency at (512) 
239-4900. Requests should be made as far in advance as possible. 
 The amendments are proposed under the Texas Health and Safety Code (Vernon 
1992), the Texas Clean Air Act (TCAA), sec.382.017, which provides the TNRCC 
with the authority to adopt rules consistent with the policy and purposes of the 
TCAA. 
 The proposed amendments affect the Health and Safety Code, sec.382.017. 
 
 
  sec.115.212. Control Requirements. 
 
  (a) For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, 
and Houston/Galveston areas, the following control requirements shall apply. 
 
  (1)-(10) (No change.) 
   
  (11) After November 15, 1996 for gasoline terminals in the Dallas/Fort Worth, 
El Paso, and Houston/Galveston areas, [the following control requirements shall 
apply. 
 
  [(A) Each vapor recovery device serving a loading rack shall be upgraded to 
include a vacuum assisted vapor collection system followed by a vapor recovery 
system. For the purposes of this paragraph, a vacuum assisted vapor collection 
system is defined as a blower system which produces a vacuum at the transport 
vessel to prevent fugitive emissions during loading operations. 
   
  [(B)] [Each] <nl>each<ol> vapor recovery system shall be instrumented in such 
a way that the pump(s) transferring fuel to the transport vessels will not 
operate unless the vapor recovery system is properly connected and properly 
operating. No transport vessel loading shall take place at a loading rack when 
the vapor recovery systems serving that loading rack is out of service or is not 
operating in accordance with the manufacturer's parameters. 
     
  (12) (No change.) 
     
  (b)-(c) (No change.) 
 
     
  sec.115.219. Counties and Compliance Schedules. All affected persons in the 
Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas 
shall be in compliance with this undesignated head (relating to Loading and 
Unloading of Volatile Organic Compounds) in accordance with the following 
schedules. 
 
  (1)-(4) (No change.) 
   
  (5) All affected marine terminals in Hardin, Jefferson, and Orange counties 
shall be in compliance with sec.sec.115.211(a), 115.212(a), 115.213(a), 
115.214(a), 115.215(a), 115.216(a), and 115.217(a) of this title (relating to 
Emission Specifications; Control Requirements; Alternate Control Requirements; 
Inspection Requirements; Approved Test Methods; Monitoring and Recordkeeping 
Requirements; and Exemptions) as soon as practicable, but no later than three 
years after the Texas Natural Resource Conservation Commission publishes 
notification in the Texas Register<ol> of its determination that this 
contingency rule is necessary as a result of failure to attain the national 
ambient air quality standard for ozone by the [November 15, 1999] attainment 
deadline or failure to demonstrate reasonable further progress as set forth in 
the 1990 Amendments to the Federal Clean Air Act, sec.172(c)(9). 
   
  <nl>(6)  All affected marine terminals in Hardin, Jefferson, and Orange 
counties shall be in compliance with sec.sec.115.211(a), 115.212(a), 115.213(a), 
115.214(a), 115.215(a), 115.216(a), and 115.217(a) of this title as soon as 
practicable, but no later than three years after: 
 
  <nl>(A) the United States Environmental Protection Agency (EPA) publishes 
notification in the <nl>Federal Register <nl> of its determination to deny the 
petition to redesignate the Beaumont/Port Arthur ozone nonattainment area as an 
ozone attainment area; or 
   
  <nl>(B) EPA publishes notification in the <nl>Federal Register <nl> of its 
determination to deny approval of the demonstration of attainment for the 
Beaumont/Port Arthur ozone nonattainment area based upon Urban Airshed Model 
(UAM) modeling. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 30, 1995. 
 TRD-9510973 
  Lydia Gonzalez-Gromatzky 
 Acting Director, Legal Services Division 
 Texas Natural Resource Conservation Commission 
    Proposed date of adoption: December 20, 1995 
 For further information, please call: (512) 239-1970 
         
                 
  Subchapter E. Solvent-Using Processes 
 
  Degreasing and Clean-up Processes 
 
  30 TAC sec.sec.115.412, 115.413, 115.416, 115.417, 115.419 
 
  The Texas Natural Resource Conservation Commission (TNRCC or Commission) 
proposes amendments to sec.sec.115.412, 115.413, 115.416, 115.417, and 115.419, 
concerning Degreasing and Clean-up Processes. The proposed amendments to 
sec.115.412, concerning Control Requirements, sec.115.416, concerning 
Recordkeeping Requirements, sec.115.417, concerning Exemptions, and sec.115.419, 
concerning Counties and Compliance Schedules, delete the requirements concerning 
acetone usage at polyester resin operations (cultured marble and fiber-
reinforced plastic manufacturing) because the United States Environmental 
Protection Agency (EPA) recently excluded acetone from the federal definition of 
volatile organic compound (VOC). The proposed changes to sec.115.413, concerning 
Alternate Control Requirements, update a reference to sec.115.910 to reflect a 
title change. The proposed changes to sec.115.417 also delete exemptions which 
do not provide any flexibility beyond that already available in 
sec.115.412(a)(2)(D) and sec.115.412(b)(2)(D). In addition, the TNRCC proposes 
to change the title of the undesignated head from Degreasing and Clean-up 
Processes to Degreasing Processes to reflect the content of the proposed 
amendments. Concurrently, the TNRCC proposes amendments to sec.115.10, 
concerning Definitions, and sec.101.1, concerning Definitions, to exclude 
acetone from the definition of VOC for consistency with the recently promulgated 
federal definition of VOC. 
 Stephen Minick, Strategic Planning and Appropriations Division, has determined 
that for the first five-year period the sections are in effect there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the sections. 
 Mr. Minick also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be a more understandable and enforceable environmental 
regulation. There will be no effect on small businesses. There is no anticipated 
economic cost to persons who are required to comply with the sections as 
proposed. Cost savings to owners or operators of polyester resin operations 
could result from the removal of the acetone usage limits. 
 Public hearings on this proposal will be held in Beaumont on September 26, 
1995, at 7:00 p.m. at the John Gray Institute, 855 Florida Avenue, Beaumont; and 
in Houston on September 27, 1995, at 10:00 a.m. in Conference Room A at the 
Houston-Galveston Area Council, 3555 Timmons Lane, Houston. Individuals may 
present oral statements when called upon in order of registration. Open 
discussion within the audience will not occur during the hearing; however a 
TNRCC staff member will be available to discuss the proposal 30 minutes prior to 
the hearing and will answer questions before and after the hearing. 
 Written comments not presented at the hearing may be submitted to the TNRCC 
central office in Austin. The deadline for submission of written comments will 
be 30 days after the date of publication of the proposal in the Texas Register . 
Material received by the TNRCC Office of Policy and Regulatory Development by 
4:00 p.m. on that date will be considered by the Commission prior to any final 
action on the proposal. Please mail written comments to Heather Evans, Office of 
Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-
3087, and reference Rule Log #95137-115-AI. Comments can also be faxed to (512) 
239-5687. Copies of the proposal are available at the central office of the 
TNRCC, Air Policy and Regulations Division, located at 12118 North IH-35, Park 
35 Technology Center, Building E, Austin, and at all TNRCC regional offices. For 
further information, contact Eddie Mack at (512) 239-1488. 
 Persons with disabilities who have special communication or other accommodation 
needs who are planning to attend the hearing should contact the agency at (512) 
239-4900. Requests should be made as far in advance as possible. 
 The amendments are proposed under the Texas Health and Safety Code (Vernon 
1992), the Texas Clean Air Act (TCAA), sec.382.017, which provides the TNRCC 
with the authority to adopt rules consistent with the policy and purposes of the 
TCAA. 
 The proposed amendments affect the Health and Safety Code, sec.382.017. 
 
 
  sec.115.412. Control Requirements. 
 
  (a) In the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas as defined in sec.115.10 of this title (relating to 
Definitions), the following control requirements shall apply. 
 
  (1)-(3) (No change.) 
   
  [(4) In the Dallas/Fort Worth, El Paso, and Houston/Galveston areas, acetone 
usage at polyester resin operations, as defined in sec.115.10 of this title, is 
limited as follows (with usage defined as gross usage minus waste disposal). 
 
  [(A)  Monthly usage of acetone for cleanup at cultured (synthetic) marble 
operations is limited to no more than 2.0% by weight of the total monthly 
polyester resin usage, including gelcoat. 
   
  [(B) Monthly usage of acetone for cleanup at fiber reinforced plastic 
manufacturing operations is limited to no more than 1.0% by weight of the total 
monthly polyester resin usage, including gelcoat.] 
       
  (b) (No change.) 
 
     
  sec.115.413. Alternate Control Requirements. 
 
  (a) For all affected persons in the Beaumont/Port Arthur, Dallas/Fort Worth, 
El Paso, and Houston/Galveston areas, alternate methods of demonstrating and 
documenting continuous compliance with the applicable control requirements or 
exemption criteria in this section may be approved by the Executive Director in 
accordance with sec.115.910 of this title (relating to  <nl>Availability of<ol> 
Alternate Means of Control) if emission reductions are demonstrated to be 
substantially equivalent. 
 
  (1)-(2) (No change.) 
     
  (b) For all affected persons in Gregg, Nueces, and Victoria counties, 
alternate methods of demonstrating and documenting continuous compliance with 
the applicable control requirements or exemption criteria in this section may be 
approved by the Executive Director in accordance with sec.115.910 of this title 
(relating to <nl>Availability of<ol> Alternate Means of Control) if emission 
reductions are demonstrated to be substantially equivalent. 
 
  (1)-(2) (No change.) 
 
       
  sec.115.416. Recordkeeping Requirements. 
 
  (a) For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas, the owner or operator of any [polyester resin 
operation, or] open-top vapor or conveyorized degreasing operation shall 
maintain the following records at the facility for at least two years and shall 
make such records available upon request to representatives of the Texas Natural 
Resource Conservation Commission (TNRCC), United States Environmental Protection 
Agency (EPA), or the local air pollution control agency having jurisdiction in 
the area. 
 
  (1)-(2) (No change.) 
   
  [(3) A record of monthly resin and acetone usage sufficient to document 
compliance with the requirements described in  s115.412(a)(4) of this title 
(relating to Control Requirements). 
   
  [(4) A record of monthly resin and acetone usage sufficient to document the 
applicability of the conditions for exemption referenced in sec.115.417(a)(3) of 
this title (relating to Exemptions).] 
     
  (b) (No change.) 
 
     
  sec.115.417. Exemptions. 
 
  (a) For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas, the following exemptions shall apply. 
 
  (1)-(2) (No change.) 
   
  [(3) A polyester resin operation with a monthly resin usage, including 
gelcoat, of less than one ton is exempt from sec.115.412(a)(4) of this title 
(relating to Control Requirements). For the purposes of this paragraph, usage is 
defined as gross usage minus waste disposal.] 
   
  <nl>(3)<ol>[(4)] Any conveyorized degreaser with less than 20 ft[sup]2 <ol> (2 
m[sup]2 <ol>) of air/vapor interface is exempt from the requirement of 
sec.115.412(a)(3)(A) of this title. 
   
  [(5) Any open-top vapor degreaser with an open area less than 10 ft[sup]2 <ol> 
(1 m[sup]2 <ol>) is exempt from the refrigerated chiller or the carbon adsorber 
requirements in sec.115.412(a)(2)(D) (ii) and (iv) of this title (relating to 
Control Requirements).] 
   
  <nl>(4) <ol>[(6)] An owner or operator who operates a remote reservoir cold 
solvent cleaner which uses solvent with a true vapor pressure equal to or less 
than 0. 6 psia (4.1 kPa) measured at 100 degrees Fahrenheit (38 degrees Celsius) 
and which has a drain area less than 16 in  [sup]2<ol> (100 cm[sup]2<ol>) and 
who properly disposes of waste solvent in enclosed containers is exempt from 
sec.115.412(a)(1) of this title. 
     
  (b) For Gregg, Nueces, and Victoria counties, the following exemptions shall 
apply. 
 
  (1)-(4) (No change.) 
   
  [(5) Any open-top vapor degreaser with an open area less than 10 ft[sup]2 <ol> 
(1 m[sup]2 <ol>) is exempt from the refrigerated chiller or the carbon adsorber 
requirements in sec.115.412(b)(2)(D) (ii) and (iv) of this title.] 
   
  <nl>(5)<ol>[(6)] An owner or operator who operates a remote reservoir cold 
solvent cleaner which uses solvent with a true vapor pressure equal to or less 
than 0.6 psia (4.1 Kpa) measured at 100 degrees Fahrenheit (38 degrees Celsius) 
and which has a drain area less than 16 in[sup]2 <ol> (100 cm [sup]2<ol>) and 
who properly disposes of waste solvent in enclosed containers is exempt from 
sec.115.412(b)(1) of this title. 
 
       
  sec.115.419. Counties and Compliance Schedules.<nl> All affected persons in 
Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, 
Gregg, Hardin, Harris, Jefferson, Liberty, Montgomery, Nueces, Orange, Tarrant, 
Victoria, and Waller counties shall continue to comply with this undesignated 
head (relating to Degreasing Processes) as required by sec.115.930 of this title 
(relating to Compliance Dates). <ol> [All affected polyester resin operations in 
Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, 
Harris, Liberty, Montgomery, Tarrant, and Waller counties shall be in compliance 
with sec.sec.115.412(a)(4), 115.416(a)(3) and (4), and 115.417(a)(3) of this 
title (relating to Control Requirements; Recordkeeping Requirements; and 
Exemptions) as soon as practicable, but no later than May 31, 1995.] 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 30, 1995. 
 TRD-9510949 
  Lydia Gonzalez-Gromatzky 
 Acting Director, Legal Services Division 
 Texas Natural Resource Conservation Commission 
    Proposed date of adoption: December 20, 1995 
 For further information, please call: (512) 239-1970 
         
           
  Surface Coating Processes 
 
  30 TAC sec.sec.115.421-115.423, 115.425-115.427, 115.429 
 
  The Texas Natural Resource Conservation Commission (TNRCC or Commission) 
proposes amendments to sec.sec.115.421-115.423, 115.425-115.427, and 115.429, 
concerning Surface Coating Processes. The proposed changes to sec.115.421, 
concerning Emission Specifications, change the basis for all surface coating 
emission limitations from pounds of volatile organic compounds (VOC) per gallon 
of solids to pounds of VOC per gallon of coating (minus water and exempt 
solvent). This will provide the same emission limitations using different units 
of measurement which are more readily understood by the regulated community. The 
proposed changes to sec.115.421 also add current terminology ("high-bake 
coatings" and "low-bake coatings") to more clearly define operations which 
include "air or forced air driers." The term daily weighted average is defined, 
for clarity. 
 In addition, the proposed changes to sec.115.421, concerning Emission 
Specifications; sec.115.422, concerning Control Requirements; sec.115.426, 
concerning Monitoring and Recordkeeping Requirements; sec.115.427, concerning 
Exemptions; and sec.115.429, concerning Counties and Compliance Schedules, 
delete language which is obsolete due to the passage of a July 31, 1994 
compliance date, update rule references, and change references from "automobile 
refinishing" to "vehicle refinishing (body shops)" for consistency with Standard 
Exemption 124. The change from "automobile refinishing" to "vehicle refinishing 
(body shops)" will enable owners or operators of some vehicle refinishing 
operations (such as bus and heavy-duty truck refinishing) to utilize the body 
shop requirements rather than the miscellaneous metal parts/products 
requirements. 
 The proposed changes to sec.115.422, concerning Control Requirements, and 
sec.115.423, concerning Alternate Control Requirements, also update a reference 
to sec.115.910 to reflect a title change. The proposed changes to sec.115.425, 
concerning Testing Requirements, correct a reference to a United States 
Environmental Protection Agency (EPA) guidance document. In addition, the 
proposed changes to sec.115.427 delete an exemption for customized (decorative) 
top coating of automobiles and trucks which is redundant because this coating 
category is already regulated under the exemption for vehicle refinishing (body 
shops) in the preceding subparagraph. 
 Stephen Minick, Strategic Planning and Appropriations Division, has determined 
that for the first five-year period the sections are in effect there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the sections. 
 Mr. Minick also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be a more understandable and enforceable environmental 
regulation. There will be no effect on small businesses. There is no anticipated 
economic cost to persons who are required to comply with the sections as 
proposed. 
 Public hearings on this proposal will be held in Beaumont on September 26, 
1995, at 7:00 p.m. at the John Gray Institute, 855 Florida Avenue, Beaumont; and 
in Houston on September 27, 1995, at 10:00 a.m. in Conference Room A at the 
Houston-Galveston Area Council, 3555 Timmons Lane, Houston. Individuals may 
present oral statements when called upon in order of registration. Open 
discussion within the audience will not occur during the hearing; however a 
TNRCC staff member will be available to discuss the proposal 30 minutes prior to 
the hearing and will answer questions before and after the hearing. 
 Written comments not presented at the hearing may be submitted to the TNRCC 
central office in Austin. The deadline for submission of written comments will 
be 30 days after the date of publication of the proposal in the Texas Register . 
Material received by the TNRCC Office of Policy and Regulatory Development by 
4:00 p.m. on that date will be considered by the Commission prior to any final 
action on the proposal. Please mail written comments to Heather Evans, Office of 
Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-
3087, and reference Rule Log #95137-115-AI. Comments can also be faxed to (512) 
239-5687. Copies of the proposal are available at the central office of the 
TNRCC, Air Policy and Regulations Division, located at 12118 North IH-35, Park 
35 Technology Center, Building E, Austin, and at all TNRCC regional offices. For 
further information, contact Eddie Mack at (512) 239-1488. 
 Persons with disabilities who have special communication or other accommodation 
needs who are planning to attend the hearing should contact the agency at (512) 
239-4900. Requests should be made as far in advance as possible. 
 The amendments are proposed under the Texas Health and Safety Code (Vernon 
1992), the Texas Clean Air Act (TCAA), sec.382.017, which provides the TNRCC 
with the authority to adopt rules consistent with the policy and purposes of the 
TCAA. 
 The proposed amendments affect the Health and Safety Code, sec.382.017. 
 
 
  sec.115.421. Emission Specifications. 
 
  (a) No person in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas as defined in  s115.10 of this title (relating to 
Definitions) may cause, suffer, allow, or permit volatile organic compound (VOC) 
emissions from the surface coating processes as defined in sec.115.10 of this 
title affected by paragraphs (1)-(13) of this subsection to exceed the specified 
emission limits. These limitations are based on the daily weighted average of 
all coatings delivered to each coating line, except for those in paragraph (10) 
of this subsection which are based on paneling surface area and those in 
paragraph (11) of this subsection which are based on the VOC content of 
architectural coatings sold or offered for sale.  <nl>For the purposes of this 
undesignated head (relating to Surface Coating Processes), daily weighted 
average means the total weight of VOC emissions from all coatings, divided by 
the total volume of all coatings applied each day. 
 
  (1) Large appliance coating. VOC emissions from the application, flashoff, and 
oven areas during the coating of large appliances (prime and topcoat, or single 
coat) shall not exceed <nl>2.8 <ol> [4.5] pounds per gallon of <nl>coating 
(minus water and exempt solvent)<ol> [solids] delivered to the application 
system <nl>(0.34 kg/liter)<ol> [(0.54 kg/liter)]. 
   
  (2) <nl>Metal furniture<ol> [Furniture] coating. VOC emissions from metal 
furniture coating lines (prime and topcoat, or single coat) shall not exceed 
<nl>3.0<ol> [5.1] pounds per gallon of <nl>coating (minus water and exempt 
solvent) <ol> [solids] delivered to the application system  <nl>(0.36 
kg/liter)<ol> [(0.61 kg/liter)]. 
   
  (3)  Coil coating. VOC emissions from the coating (prime and topcoat, or 
single coat) of metal coils shall not exceed <nl>2.6<ol> [4.0] pounds per gallon 
of <nl>coating (minus water and exempt solvent)<ol> [solids] delivered to the 
application system <nl>(0.31 kg/liter)<ol> [(0.48 kg/liter)]. 
   
  (4)  Paper coating. VOC emissions from the coating of paper (or specified 
tapes or films) shall not exceed <nl>2.9 <ol> [4.8] pounds per gallon of 
<nl>coating (minus water and exempt solvent)<ol> [solids] delivered to the 
application system <nl>(0.35 kg/liter)<ol> [(0.57 kg/liter)]. 
   
  (5)  Fabric coating. VOC emissions from the coating of fabric shall not exceed 
<nl>2.9<ol> [4.8] pounds per gallon of <nl>coating (minus water and exempt 
solvent)<ol> [solids] delivered to the application system <nl>(0.35 
kg/liter)<ol> [(0.57 kg/liter)]. 
   
  (6) Vinyl coating. VOC emissions from the coating of vinyl fabrics or sheets 
shall not exceed <nl>3.8 <ol> [7.9] pounds per gallon of <nl>coating (minus 
water and exempt solvent)<ol> [solids] delivered to the application system 
<nl>(0.45 kg/liter)<ol> [(0.95 kg/liter)]. Plastisol coatings should not be 
included in calculations. 
   
  (7) Can coating. The following VOC emission limits shall be achieved, on the 
basis of solvent content per gallon of  <nl>coating (minus water and exempt 
solvent)<ol> [solids] delivered to the application system: 
       
  <ol>Figure 1: 30 TAC sec.115.421(a)(7) 
 
  (8) <nl>Vehicle coating<ol> [Automobile and light-duty truck coating]. 
 
  (A) (No change.) 
   
  [(B) Until July 31, 1994 in Dallas and Tarrant counties, VOC emissions from 
the coatings or solvents used in automobile and truck refinishing shall be based 
on an assumed 65% transfer efficiency from all application equipment, unless 
otherwise specified, in an alternate means of control approved by the Executive 
Director in accordance with sec.115.910 (relating to Alternate Means of 
Control), and shall not exceed the following limits, as delivered to the 
application system: 
 
  [(i)  5.0 pounds per gallon (0.60 kg/liter) of coating (minus water and exempt 
solvent) for primers or primer/surfacers; 
   
  [(ii) 5.2 pounds per gallon (0.62 kg/liter) of coating (minus water and exempt 
solvent) for acrylic enamel coatings; 
   
  [(iii) 5.0 pounds per gallon (0.60 kg/liter) of coating (minus water and 
exempt solvent) for alkyd enamel coatings; 
   
  [(iv) 5.2 pounds per gallon (0.62 kg/liter) of coating (minus water and exempt 
solvent) for clear coatings; 
   
  [(v) 6.2 pounds per gallon (0.74 kg/liter) of coating (minus water and exempt 
solvent) for base coatings; 
   
  [(vi) 6.2 pounds per gallon (0.74 kg/liter) of coating (minus water and exempt 
solvent) for lacquers; and 
   
  [(vii) 1.4 pounds per gallon (0.17 kg/liter) of wipe-down solutions.] 
     
  <nl>(B)<ol>[(C)] [After July 31, 1994,] VOC emissions from the coatings or 
solvents used in <nl>vehicle <ol> [automobile and truck] refinishing <nl>(body 
shops) as defined in sec.115.10 of this title<ol> shall not exceed the following 
limits, as delivered to the application system: 
 
  (i) 5.0 pounds per gallon (0.60 kg/liter) of coating (minus water and exempt 
solvent) for primers or primer surfacers, as defined in sec.115.10 of this 
title; 
   
  (ii) 5.5 pounds per gallon (0.66 kg/liter) of coating (minus water and exempt 
solvent) for precoat, as defined in sec.115.10 of this title; 
   
  (iii) 6.5 pounds per gallon (0.78 kg/liter) of coating (minus water and exempt 
solvent) for pretreatment, as defined in sec.115.10 of this title; 
   
  (iv) 5.0 pounds per gallon (0.60 kg/liter) of coating (minus water and exempt 
solvent) for single-stage top-coats; 
   
  (v) 5.0 pounds per gallon (0.60 kg/liter) of coating (minus water and exempt 
solvent) for basecoat/clearcoat systems, as defined in sec.115.10 of this title; 
   
  (vi) 5.2 pounds per gallon (0.62 kg/liter) of coating (minus water and exempt 
solvent) for three-stage systems, as defined in sec.115.10 of this title; 
   
  (vii)  7.0 pounds per gallon (0.84 kg/liter) of coating (minus water and 
exempt solvent) for specialty coatings, as defined in sec.115.10 of this title; 
   
  (viii) 6.0 pounds per gallon (0.72 kg/liter) of coating (minus water and 
exempt solvent) for sealers, as defined in sec.115.10 of this title; and 
   
  (ix) 1.4 pounds per gallon (0.17 kg/liter) of wipe-down solutions, as defined 
in sec.115.10 of this title. 
     
  <nl>(C)<ol>[(D)]  Additional control requirements for  <nl>vehicle<ol> 
[automobile and truck] refinishing <nl>(body shops)<ol> [operations] are 
referenced in sec.115.422 of this title (relating to Control Requirements). 
     
  (9) Miscellaneous metal parts and products coating. 
 
  (A) VOC emissions from the coating of miscellaneous metal parts and products 
shall not exceed the following limits for each surface coating type: 
 
  (i) <nl>4.3<ol> [10.2] pounds per gallon <nl>(0.52 kg/liter)<ol> [(1.23 
kg/liter)] of <nl>coating (minus water and exempt solvent) <ol> [solids] 
delivered to the application system as a clear coat; or as an interior 
protective coating for pails and drums; 
   
  (ii) <nl>3.5<ol> [6.7] pounds per gallon <nl>(0.42 kg/liter)<ol> [(0.81 
kg/liter)] of  <nl>coating (minus water and exempt solvent)<ol> [solids] 
delivered to the application system <nl>as a low-bake coating; or<ol> that 
utilizes air or forced air driers; 
   
  (iii)  <nl>3.5<ol> [6.7] pounds per gallon <nl>(0.42 kg/liter)<ol> [(0.81 
kg/liter)] of  <nl>coating (minus water and exempt solvent)<ol> [solids] 
delivered to the application system as an extreme performance coating, including 
chemical milling maskants; 
   
  (iv) <nl>3.0<ol> [5.1] pounds per gallon <nl>(0.36 kg/liter)<ol> [(0.61 
kg/liter)] of  <nl>coating (minus water and exempt solvent)<ol> [solids] 
delivered to the application system for all other coating applications<nl>, 
including high-bake coatings,<ol> that pertain to miscellaneous metal parts and 
products; and 
   
  (v)  [In Dallas and Tarrant counties, and after July 31, 1993 in counties 
other than Dallas and Tarrant,] <nl>3.5<ol> [6.7] pounds per gallon <nl>(0. 42 
kg/liter)<ol> [(0.81 kg/liter)] of <nl>coating (minus water and exempt 
solvent)<ol> [solids] delivered to the application system as a prime coat for 
the exterior of aircraft. 
     
  (B)-(C) (No change.) 
     
  (10)-(11) (No change.) 
   
  (12) Surface coating of mirror backing. 
 
  (A) [After July 31, 1994,] VOC emissions from the coating of mirror backing 
shall not exceed the following limits for each surface coating application 
method: 
 
  (i) <nl>4.2<ol> [9.8] pounds per gallon (0.50 kg/liter) of <nl>coating (minus 
water and exempt solvent)<ol> [solids] delivered to a curtain coating 
application system; 
   
  (ii) <nl>3.6<ol> [7.1] pounds per gallon (0.43 kg/liter) of <nl>coating (minus 
water and exempt solvent)<ol> [solids] delivered to a roll coating application 
system. 
     
  (B)  (No change.) 
     
  (13) (No change.) 
   
  (b) No person in Gregg, Nueces, and Victoria counties may cause, suffer, 
allow, or permit VOC emissions from the surface coating processes as defined in 
sec.115.10 of this title affected by paragraphs <nl>(1)-(9)<ol> [(1)-(10)] of 
this subsection to exceed the specified emission limits. These limitations are 
based on the daily weighted average of all coatings delivered to each coating 
line, except for those in paragraph <nl>(9)<ol> [(10)] of this subsection which 
are based on paneling surface area. <nl>For the purposes of this undesignated 
head (relating to Surface Coating Processes), daily weighted average means the 
total weight of VOC emissions from all coatings, divided by the total volume of 
all coatings applied each day. 
 
  (1) Large appliance coating. VOC emissions from the application, flashoff, and 
oven areas during the coating of large appliances (prime and topcoat, or single 
coat) shall not exceed <nl>2.8 <ol> [4.5] pounds per gallon of <nl>coating 
(minus water and exempt solvent)<ol> [solids] delivered to the application 
system <nl>(0.34 kg/liter)<ol> [(0.54 kg/liter)]. 
   
  (2) <nl>Metal furniture<ol> [Furniture] coating. VOC emissions from metal 
furniture coating lines (prime and topcoat, or single coat) shall not exceed 
<nl>3.0<ol> [5.1] pounds per gallon of <nl>coating (minus water and exempt 
solvent) <ol> [solids] delivered to the application system  <nl>(0.36 
kg/liter)<ol> [(0.61 kg/liter)]. 
   
  (3)  Coil coating. VOC emissions from the coating (prime and topcoat, or 
single coat) of metal coils shall not exceed <nl>2.6<ol> [4.0] pounds per gallon 
of <nl>coating (minus water and exempt solvent)<ol> [solids] delivered to the 
application system <nl>(0.31 kg/liter)<ol> [(0.48 kg/liter)]. 
   
  (4)  Paper coating. VOC emissions from the coating of paper (or specified 
tapes or films) shall not exceed <nl>2.9 <ol> [4.8] pounds per gallon of 
<nl>coating (minus water and exempt solvent)<ol> [solids] delivered to the 
application system <nl>(0.35 kg/liter)<ol> [(0.57 kg/liter)]. 
   
  (5)  Fabric coating. VOC emissions from the coating of fabric shall not exceed 
<nl>2.9<ol> [4.8] pounds per gallon of <nl>coating (minus water and exempt 
solvent)<ol> [solids] delivered to the application system <nl>(0.35 
kg/liter)<ol> [(0.57 kg/liter)]. 
   
  (6) Vinyl coating. VOC emissions from the coating of vinyl fabrics or sheets 
shall not exceed <nl>3.8 <ol> [7.9] pounds per gallon of <nl>coating (minus 
water and exempt solvent)<ol> [solids] delivered to the application system 
<nl>(0.45 kg/liter)<ol> [(0.95 kg/liter)]. Plastisol coatings should not be 
included in calculations. 
   
  (7) Can coating. The following VOC emission limits shall be achieved, on the 
basis of solvent content per gallon of  <nl>coating (minus water and exempt 
solvent)<ol> [solids] delivered to the application system: 
       
  <ol>Figure 2: 30 TAC sec.115.421(b)(7) 
 
  (8) Miscellaneous metal parts and products coating. 
 
  (A) VOC emissions from the coating of miscellaneous metal parts and products 
shall not exceed the following limits for each surface coating type: 
 
  (i)  <nl>4.3<ol> [10.2] pounds per gallon <nl>(0.52 kg/liter)<ol> [(1.23 
kg/liter)] of  <nl>coating (minus water and exempt solvent)<ol> [solids] 
delivered to the application system as a clear coat; or as an interior 
protective coating for pails and drums; 
   
  (ii) <nl>3.5<ol> [6.7] pounds per gallon <nl>(0.42 kg/liter)<ol> [(0.81 
kg/liter)] of  <nl>coating (minus water and exempt solvent)<ol> [solids] 
delivered to the application system <nl>as a low-bake coating; or<ol> that 
utilizes air or forced air driers; 
   
  (iii) <nl>3.5<ol> [6.7] pounds per gallon <nl>(0.42 kg/liter)<ol> [(0.81 
kg/liter)] of  <nl>coating (minus water and exempt solvent)<ol> [solids] 
delivered to the application system as an extreme performance coating, including 
chemical milling maskants; and 
   
  (iv)  <nl>3.0<ol> [5.1] pounds per gallon <nl>(0.36 kg/liter)<ol> [(0.61 
kg/liter)] of  <nl>coating (minus water and exempt solvent)<ol> [solids] 
delivered to the application system for all other coating applications<nl>, 
including high-bake coatings,<ol> that pertain to miscellaneous metal parts and 
products; [and] 
     
  (B)-(C) (No change.) 
     
  (9) (No change.) 
 
     
  sec.115.422. Control Requirements. <ol> For the Beaumont/Port Arthur, 
Dallas/Fort Worth, El Paso, and Houston/Galveston areas, the following control 
requirements shall apply. 
 
  (1) [In Dallas and Tarrant counties, and after July 31, 1994 in ozone 
nonattainment counties other than Dallas and Tarrant, the] <nl>The<ol> owner or 
operator of <nl>each vehicle <ol> [any automobile] refinishing <nl>(body 
shop)<ol> operation shall minimize volatile organic compound emissions during 
equipment clean-up by utilizing the following procedures: 
 
  (A)-(C) (No change.) 
     
  (2) [After July 31, 1994, automobile] <nl>Each vehicle<ol> [and truck] 
refinishing <nl>(body shop) operation<ol> [operations] shall use coating 
application equipment with a transfer efficiency of at least 65%, unless 
otherwise specified in an alternate means of control approved by the Executive 
Director in accordance with sec.115.910 of this title (relating to 
<nl>Availability of<ol> Alternate Means of Control). High-volume low-pressure 
(HVLP) spray guns, as defined in sec.115.10 of this title (relating to 
Definitions), are assumed to comply with the 65% transfer efficiency 
requirement. 
   
  (3) (No change.) 
 
     
  sec.115.423. Alternate Control Requirements. 
 
  (a) For all affected persons in the Beaumont/Port Arthur, Dallas/Fort Worth, 
El Paso, and Houston/Galveston areas, the following alternate control 
requirements may apply: 
 
  (1) Emission calculations for surface coating operations performed to satisfy 
the conditions of sec.101.23 of this title, sec.115.910 of this title (relating 
to <nl>Availability of<ol> Alternate Means of Control), or other demonstrations 
of equivalency with the specified emission limits in this section shall be based 
on the pounds of volatile organic compounds (VOC) per gallon of solids for all 
affected coatings. 
   
  (2) Any alternate methods of demonstrating and documenting continuous 
compliance with the applicable control requirements or exemption criteria, such 
as use of improved transfer efficiency in this section, may be approved by the 
Executive Director in accordance with sec.115.910 of this title (relating to  
<nl>Availability of<ol> Alternate Means of Control) if emission reductions are 
demonstrated to be substantially equivalent. 
   
  (3)-(4) (No change.) 
     
  (b) For all affected persons in Gregg, Nueces, and Victoria counties, the 
following alternate control requirements may apply: 
 
  (1) Emission calculations for surface coating operations performed to satisfy 
the conditions of sec.101. 23 of this title (relating to Alternate Emission 
Reduction "Bubble" Policy), sec.115.910 of this title (relating to 
<nl>Availability of<ol> Alternate Means of Control), or other demonstrations of 
equivalency with the specified emission limits in this section shall be based on 
the pounds of VOC per gallon of solids for all affected coatings. 
   
  (2) Any alternate methods of demonstrating and documenting continuous 
compliance with the applicable control requirements or exemption criteria, such 
as use of improved transfer efficiency in this section, may be approved by the 
Executive Director in accordance with sec.115.910 of this title (relating to  
<nl>Availability of<ol> Alternate Means of Control) if emission reductions are 
demonstrated to be substantially equivalent. 
   
  (3)-(4) (No change.) 
 
       
  sec.115.425. Testing Requirements. 
 
  (a) For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas, the following testing requirements shall apply: 
 
  (1) Compliance with sec.115.421(a) of this title (concerning Emission 
Specifications) shall be determined by applying the following test methods, as 
appropriate: 
 
  (A)-(B) (No change.) 
   
  (C) U.S. Environmental Protection Agency (EPA) guidelines series document 
"Procedures for Certifying Quantity of Volatile Organic Compounds (VOC) Emitted 
by Paint, Ink, and Other Coatings," <nl>EPA-450/3-84-019<ol> [EPA-450/3-84-011], 
as in effect December, 1984; 
   
  (D)-(E) (No change.) 
     
  (2)-(4) (No change.) 
     
  (b) For Gregg, Nueces, and Victoria counties, the following testing 
requirements shall apply: 
 
  (1) Compliance with sec.115.421(b) of this title shall be determined by 
applying the following test methods, as appropriate: 
 
  (A) -(B) (No change.) 
   
  (C) EPA guidelines series document "Procedures for Certifying Quantity of 
Volatile Organic Compounds Emitted by Paint, Ink, and Other Coatings," <nl>EPA-
450/3-84-019<ol> [EPA-450/3-84-011], as in effect December, 1984; 
   
  (D)-(E) (No change.) 
     
  (2) (No change.) 
 
       
  sec.115.426. Monitoring and Recordkeeping Requirements. 
 
  (a)  For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas, the following recordkeeping requirements shall apply: 
 
  (1) Any person affected by sec.115.421(a) of this title (relating to Emission 
Specifications) shall satisfy the following recordkeeping requirements. 
 
  (A) (No change.) 
   
  (B) Records shall be maintained of the quantity and type of each coating and 
solvent consumed during the specified averaging period. Such records shall be 
sufficient to calculate the applicable weighted average of VOC for all coatings. 
As an alternative to the recordkeeping requirements of this subparagraph, 
<nl>any vehicle<ol> [automobile and truck] refinishing <nl>(body shop) 
operation<ol> [operations] affected by <nl>sec.115.421(a)(8)(B) <ol> 
[sec.115.421(a)(8)(B) and (C)] of this title may substitute the recordkeeping 
requirements specified in <nl>Standard Exemption 124<ol> [the applicable 
standard exemption for automobile and truck refinishing operations] as 
referenced in sec.116.211 of this title (relating to Standard Exemption List). 
   
  (C)-(D) (No change.) 
     
  (2)-(4) (No change.) 
     
  (b) (No change.) 
 
     
  sec.115.427. Exemptions. 
 
  (a) For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas, the following exemptions shall apply: 
 
  (1) The following coating operations are exempt from the application of 
sec.115.421(a)(9) of this title (relating to Emission Specifications): 
 
  (A) (No change.) 
   
  (B) <nl>vehicle<ol> [automobile] refinishing <nl>(body shops) <ol>, except as 
required by <nl>sec.115.421(a)(8)(B) and (C)<ol> [sec.115.421(a)(8)(B) -(D)] of 
this title; [and] 
   
  [(C) customized (decorative) top coating of automobiles and trucks, if 
production is less than 35 vehicles per day;] 
   
  <nl>(C)<ol>[(D)] exterior of fully assembled marine vessels; and 
   
  <nl>(D)<ol>[(E)] exterior of fully assembled fixed offshore structures. 
     
  (2) (No change.) 
   
  (3) The following exemptions shall apply to surface coating operations, except 
for aircraft prime coating controlled by  s115.421(a)(9)(A)(v) of this title and 
<nl>vehicle <ol> [automobile and truck] refinishing <nl>(body shops) <ol> 
controlled by sec.115. 421(a)(8)(B) and (C) of this title. 
 
  (A)-(C) (No change.) 
     
  (4)  (No change.) 
   
  (5) Automobile refinishing facilities in Hardin, Jefferson, and Orange 
counties are exempt from the requirements of  <nl>sec.115. 421(a)(8)(B)<ol> [ 
s115.421(a)(8)(C)] of this title and sec.115.422(1) and (2) of this title 
(relating to Control Requirements). 
   
  [(6) Until July 31, 1994, automobile refinishing facilities in Brazoria, 
Chambers, Collin, Denton, El Paso, Fort Bend, Galveston, Harris, Liberty, 
Montgomery, and Waller counties are exempt from the requirements of 
sec.115.421(a)(8)(C) of this title and sec.115.422(1) and (2) of this title.] 
     
  (b) For Gregg, Nueces, and Victoria counties, the following exemptions shall 
apply: 
 
  (1) (No change.) 
   
  (2) The following coating operations are exempt from the application of 
sec.115.421(b)(9) of this title: 
 
  (A) (No change.) 
   
  (B) <nl>vehicle<ol> [automobile] refinishing <nl>(body shops) <ol>; 
   
  [(C) customized (decorative) top coating of automobiles and trucks, if 
production is less than 35 vehicles per day;] 
   
  <nl>(C)<ol>[(D)]  exterior of fully assembled marine vessels; and 
   
  <nl>(D)<ol>[(E)]  exterior of fully assembled fixed offshore structures. 
     
  (3) (No change.) 
 
       
  sec.115.429. Counties and Compliance Schedules. 
 
  [(a) All affected mirror backing coating facilities in Brazoria, Chambers, 
Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, Hardin, Harris, 
Jefferson, Liberty, Montgomery, Orange, Tarrant, and Waller counties shall be in 
compliance with sec.115.421(a) of this title (relating to Emission 
Specifications), sec.115.422 of this title (relating to Control Requirements), 
sec.115.423(a) of this title (relating to Alternate Control Requirements),  
s115.424(a) of this title (relating to Inspection Requirements), sec.115. 425(a) 
of this title (relating to Testing Requirements), sec.115.426(a) of this title 
(relating to Monitoring and Recordkeeping Requirements), and sec.115. 427(a) of 
this title (relating to Exemptions) as soon as practicable, but no later than 
July 31, 1994. 
   
  [(b) All automobile refinishing facilities in Dallas and Tarrant counties 
shall be in compliance with sec.115.421(a)(8)(C) of this title as soon as 
practicable, but no later than July 31, 1994. 
   
  [(c) All automobile refinishing facilities in Brazoria, Chambers, Collin, 
Denton, El Paso, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller 
counties shall be in compliance with sec.115.421(a)(8)(C) of this title and 
sec.115.422(1) and (2) of this title as soon as practicable, but no later than 
July 31, 1994. 
   
  [(d)] All wood parts and products surface coating affected by 
sec.115.421(a)(13) of this title (relating to Emission Specifications) in 
Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, 
Harris, Liberty, Montgomery, Tarrant, and Waller counties shall be in compliance 
with this undesignated head (relating to Surface Coating Processes) as soon as 
practicable, but no later than November 15, 1996. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 30, 1995. 
 TRD-9510950 
  Lydia Gonzalez-Gromatzky 
 Acting Director, Legal Services Division 
 Texas Natural Resource Conservation Commission 
    Proposed date of adoption: December 20, 1995 
 For further information, please call: (512) 239-1970 
         
             
  Graphic Arts (Printing) by Rotogravure and Flexographic Processes 
 
  30 TAC sec.sec.115.433, 115.435-115.437, 115.439 
 
  The Texas Natural Resource Conservation Commission (TNRCC or Commission) 
proposes amendments to sec.sec.115.433, 115.435-115.437, and 115.439, concerning 
Graphic Arts (Printing) by Rotogravure and Flexographic Processes. The proposed 
changes to sec.115.433, concerning Alternate Control Requirements, update a 
reference to sec.115.910 to reflect a title change. The proposed changes to 
sec.115.435, concerning Testing Requirements, correct a reference to a United 
States Environmental Protection Agency (EPA) guidance document. The proposed 
changes to sec.115.436, concerning Monitoring and Recordkeeping Requirements, 
correct an unintended loophole by which exempted printing operations are not 
currently required to maintain records (for example, ink and solvent usage 
records) to document qualification for exemption status, resulting in difficulty 
in enforcement. The proposed changes to sec.115.437, concerning Exemptions, 
delete language which is obsolete due to the passage of a July 31, 1993 
compliance date. The proposed changes to sec.115.439, concerning Counties and 
Compliance Schedules, update rule references. 
 Stephen Minick, Strategic Planning and Appropriations Division, has determined 
that for the first five-year period the sections are in effect there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the sections. 
 Mr. Minick also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be a more understandable and enforceable environmental 
regulation. There will be minimal or no effect on small businesses, persons, and 
businesses who are required to comply with the sections as proposed. The 
proposed requirement to maintain ink and solvent usage records will have minimal 
fiscal impact, since most companies already maintain such records. 
 Public hearings on this proposal will be held in Beaumont on September 26, 
1995, at 7:00 p.m. at the John Gray Institute, 855 Florida Avenue, Beaumont; and 
in Houston on September 27, 1995, at 10:00 a.m. in Conference Room A at the 
Houston-Galveston Area Council, 3555 Timmons Lane, Houston. Individuals may 
present oral statements when called upon in order of registration. Open 
discussion within the audience will not occur during the hearing; however a 
TNRCC staff member will be available to discuss the proposal 30 minutes prior to 
the hearing and will answer questions before and after the hearing. 
 Written comments not presented at the hearing may be submitted to the TNRCC 
central office in Austin. The deadline for submission of written comments will 
be 30 days after the date of publication of the proposal in the Texas Register . 
Material received by the TNRCC Office of Policy and Regulatory Development by 
4:00 p.m. on that date will be considered by the Commission prior to any final 
action on the proposal. Please mail written comments to Heather Evans, Office of 
Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-
3087, and reference Rule Log #95137-115-AI. Comments can also be faxed to (512) 
239-5687. Copies of the proposal are available at the central office of the 
TNRCC, Air Policy and Regulations Division, located at 12118 North IH-35, Park 
35 Technology Center, Building E, Austin, and at all TNRCC regional offices. For 
further information, contact Eddie Mack at (512) 239-1488. 
 Persons with disabilities who have special communication or other accommodation 
needs who are planning to attend the hearing should contact the agency at (512) 
239-4900. Requests should be made as far in advance as possible. 
 The amendments are proposed under the Texas Health and Safety Code (Vernon 
1992), the Texas Clean Air Act (TCAA), sec.382.017, which provides the TNRCC 
with the authority to adopt rules consistent with the policy and purposes of the 
TCAA. 
 The proposed amendments affect the Health and Safety Code, sec.382.017. 
 
 
  sec.115.433. Alternate Control Requirements. 
 
  (a) For all affected persons in the Beaumont/Port Arthur, Dallas/Fort Worth, 
El Paso, and Houston/Galveston areas, alternate methods of demonstrating and 
documenting continuous compliance with the applicable control requirements or 
exemption criteria in this section may be approved by the Executive Director in 
accordance with sec.115.910 of this title (relating to  <nl>Availability of<ol> 
Alternate Means of Control) if emission reductions are demonstrated to be 
substantially equivalent. 
   
  (b) For all affected persons in Gregg, Nueces, and Victoria counties, 
alternate methods of demonstrating and documenting continuous compliance with 
the applicable control requirements or exemption criteria in this section may be 
approved by the Executive Director in accordance with sec.115.910 of this title 
(relating to <nl>Availability of<ol> Alternate Means of Control) if emission 
reductions are demonstrated to be substantially equivalent. 
 
     
  sec.115.435. Testing Requirements. 
 
  (a) For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas, compliance shall be determined by applying the 
following test methods, as appropriate: 
 
  (1)-(4) (No change.) 
   
  (5) U.S. Environmental Protection Agency (EPA) guidelines series document 
"Procedures for Certifying Quantity of Volatile Organic Compounds Emitted by 
Paint, Ink, and Other Coatings," <nl>EPA-450/3-84-019<ol> [EPA-450/3-84-011], as 
in effect December, 1984; 
   
  (6)-(8) (No change.) 
     
  (b) For Gregg, Nueces, and Victoria counties, compliance shall be determined 
by applying the following test methods, as appropriate: 
 
  (1)-(4) (No change.) 
   
  (5) EPA guidelines series document "Procedures for Certifying Quantity of 
Volatile Organic Compounds Emitted by Paint, Ink, and Other Coatings," <nl>EPA-
450/3-84-019<ol> [EPA-450/3-84-011], as in effect December, 1984; 
   
  (6)-(7) (No change.) 
 
       
  sec.115.436. Monitoring and Recordkeeping Requirements. 
 
  (a)  For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas, the owner or operator of any <nl>rotogravure or 
flexographic printing<ol> [graphic arts] facility [subject to the control 
requirements of  s115.432(a) of this title (relating to Control Requirements)] 
shall: 
 
  (1)-(6) (No change.) 
     
  (b) For Gregg, Nueces, and Victoria counties, the owner or operator of any 
<nl>rotogravure or flexographic printing<ol> [graphic arts] facility [subject to 
the control requirements of sec.115.432(b) of this title] shall: 
 
  (1)-(5) (No change.) 
 
       
  sec.115.437. Exemptions. 
 
  (a) For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas, the following exemptions shall apply: 
 
  [(1) Until July 31, 1993 in Brazoria, El Paso, Galveston, Harris, Jefferson, 
and Orange counties, all rotogravure and flexographic facilities on a property 
which, when uncontrolled, have a maximum potential to emit a combined weight of 
volatile organic compounds (VOC) less than 100 tons (91 metric tons) in one year 
(based on historical ink and VOC solvent usage, and at maximum production 
capacity) are exempt from the requirements of sec.115.432(a) of this title 
(relating to Control Requirements). 
   
  [(2) Until July 31, 1993 in Dallas and Tarrant counties, all rotogravure and 
flexographic printing facilities on a property which, when uncontrolled, emit a 
combined weight of VOC less than 50 tons in one year (based on historical ink 
and solvent usage) are exempt from the requirements of sec.115.432(a) of this 
title.] 
   
  <nl>(1)<ol>[(3)] [After July 31, 1993 in] <nl>In <ol> the Beaumont/Port 
Arthur, Dallas/Fort Worth, and El Paso areas, all rotogravure and flexographic 
facilities on a property which, when uncontrolled, have a maximum potential to 
emit a combined weight of <nl>volatile organic compounds (<ol>VOC <nl>)<ol> less 
than 50 tons in one year (based on historical ink and VOC solvent usage, and at 
maximum production capacity) are exempt from the requirements of sec.115.432(a) 
of this title <nl>(relating to Control Requirements)<ol>. 
   
  <nl>(2)<ol>[(4)] [After July 31, 1993 in] <nl>In <ol> the Houston/Galveston 
area, all rotogravure and flexographic facilities on a property which, when 
uncontrolled, have a maximum potential to emit a combined weight of VOC less 
than 25 tons in one year (based on historical ink and VOC solvent usage, and at 
maximum production capacity) are exempt from the requirements of sec.115.432(a) 
of this title. 
     
  (b) (No change.) 
 
     
  sec.115.439. Counties and Compliance Schedules. 
 
  (a) (No change.) 
   
  (b) All affected persons in Dallas, El Paso, Jefferson, Orange, and Tarrant 
counties shall be in compliance with  <nl>sec.115.437(a)(1)<ol> 
[sec.115.437(a)(3)] of this title as soon as practicable, but no later than July 
31, 1993. 
   
  (c) All affected persons in Brazoria, Galveston, and Harris counties shall be 
in compliance with <nl>sec.115.437(a)(2) <ol> [sec.115.437(a)(4)] of this title 
as soon as practicable, but no later than July 31, 1993. 
   
  (d) (No change.) 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 30, 1995. 
 TRD-9510951 
  Lydia Gonzalez-Gromatzky 
 Acting Director, Legal Services Division 
 Texas Natural Resource Conservation Commission 
    Proposed date of adoption: December 20, 1995 
 For further information, please call: (512) 239-1970 
         
             
  Offset Lithographic Printing 
 
  30 TAC sec.sec.115.442, 115.443, 115.445, 115.446 
 
  The Texas Natural Resource Conservation Commission (TNRCC or Commission) 
proposes amendments to sec.sec.115.442, 115.443, 115.445, and 115.446, 
concerning Offset Lithographic Printing. Section 115.442, concerning Control 
Requirements, is intended to set standards for alcohols in the fountain 
solutions, with a separate standard for cleaning solutions. The proposed changes 
to sec.115.442, correct an unintended loophole by which the current rule 
language could be interpreted to exempt facilities from the cleaning solution 
standards. The proposed changes to sec.115.442 also clarify that the cleaning 
solutions volatile organic compounds (VOC) content limitations are based upon 
volume percentages. The proposed changes to sec.115.443, concerning Alternate 
Control Requirements, update a reference to sec.115.910 to reflect a title 
change. The proposed changes to sec.115.445, concerning Testing Requirements, 
correct a reference to a United States Environmental Protection Agency (EPA) 
guidance document. The proposed changes to sec.115.446, concerning Monitoring 
and Recordkeeping Requirements, update a reference to sec.115.445 to reflect the 
correct title. 
 Stephen Minick, Strategic Planning and Appropriations Division, has determined 
that for the first five-year period the sections are in effect there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the sections. 
 Mr. Minick also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be a more understandable and enforceable environmental 
regulation. There will be no effect on small businesses. There is no anticipated 
economic cost to persons who are required to comply with the sections as 
proposed. 
 Public hearings on this proposal will be held in Beaumont on September 26, 
1995, at 7:00 p.m. at the John Gray Institute, 855 Florida Avenue, Beaumont; and 
in Houston on September 27, 1995, at 10:00 a.m. in Conference Room A at the 
Houston-Galveston Area Council, 3555 Timmons Lane, Houston. Individuals may 
present oral statements when called upon in order of registration. Open 
discussion within the audience will not occur during the hearing; however a 
TNRCC staff member will be available to discuss the proposal 30 minutes prior to 
the hearing and will answer questions before and after the hearing. 
 Written comments not presented at the hearing may be submitted to the TNRCC 
central office in Austin. The deadline for submission of written comments will 
be 30 days after the date of publication of the proposal in the Texas Register . 
Material received by the TNRCC Office of Policy and Regulatory Development by 
4:00 p.m. on that date will be considered by the Commission prior to any final 
action on the proposal. Please mail written comments to Heather Evans, Office of 
Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-
3087, and reference Rule Log #95137-115-AI. Comments can also be faxed to (512) 
239-5687. Copies of the proposal are available at the central office of the 
TNRCC, Air Policy and Regulations Division, located at 12118 North IH-35, Park 
35 Technology Center, Building E, Austin, and at all TNRCC regional offices. For 
further information, contact Eddie Mack at (512) 239-1488. 
 Persons with disabilities who have special communication or other accommodation 
needs who are planning to attend the hearing should contact the agency at (512) 
239-4900. Requests should be made as far in advance as possible. 
 The amendments are proposed under the Texas Health and Safety Code (Vernon 
1992), the Texas Clean Air Act (TCAA), sec.382.017, which provides the TNRCC 
with the authority to adopt rules consistent with the policy and purposes of the 
TCAA. 
 The proposed amendments affect the Health and Safety Code, sec.382.017. 
 
 
  sec.115.442. Control Requirements. <ol> For the Dallas/Fort Worth, El Paso, 
and Houston/Galveston areas as defined in  s115.10 of this title (relating to 
Definitions), the following control requirements shall apply: 
 
  (1) No person shall operate or allow the operation of an offset lithographic 
printing line that uses solvent-containing ink, unless volatile organic compound 
(VOC) emissions are limited by [one of] the following: 
 
  (A)-(E) (No change.) 
   
  (F) Any person who owns or operates an offset lithographic printing press 
shall reduce VOC emissions from cleaning solutions by one of the following 
methods: 
 
  (i) using cleaning solutions with a <nl>VOC content of<ol> 50% or less (<nl>by 
volume,<ol> as used) [VOC content]; or 
   
  (ii) using cleaning solutions with a <nl>VOC content of<ol> 70% or less 
(<nl>by volume,<ol> as used) [VOC content] and incorporating a towel handling 
program which ensures that all waste ink, solvents, and cleanup rags shall be 
stored in closed containers until removed from the site by a licensed 
disposal/cleaning service. 
       
  (2) (No change. ) 
 
     
  sec.115.443. Alternate Control Requirements. For all affected persons in the 
Dallas/Fort Worth, El Paso, and Houston/Galveston areas, as defined in 
sec.115.10 of this title (relating to Definitions), alternate methods of 
demonstrating and documenting continuous compliance with the applicable control 
requirements or exemption criteria in this section may be approved by the 
Executive Director in accordance with sec.115.910 of this title (relating to 
<nl>Availability of<ol> Alternate Means of Control) if emission reductions are 
demonstrated to be substantially equivalent. 
 
   
  sec.115.445. Approved Test Methods. For the Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas as defined in  s115.10 of this title (relating to 
Definitions), compliance shall be determined by applying the following test 
methods, as appropriate: 
 
  (1)-(4) (No change.) 
   
  (5)  U.S. Environmental Protection Agency (EPA) guidelines series document 
"Procedures for Certifying Quantity of Volatile Organic Compounds Emitted by 
Paint, Ink, and Other Coatings," <nl>EPA-450/3-84-019<ol> [EPA-450/3-84-011], as 
in effect December, 1984; or 
   
  (6) (No change.) 
 
     
  sec.115.446. Monitoring and Recordkeeping Requirements. For the Dallas/Fort 
Worth, El Paso, and Houston/Galveston areas as defined in sec.115. 10 of this 
title (relating to Definitions), the following monitoring and recordkeeping 
requirements shall apply. 
 
  (1)-(6) (No change.) 
   
  (7)  The owner or operator of any offset lithographic printing press shall 
maintain the results of any testing conducted at an affected facility in 
accordance with the provisions specified in sec.115.445 of this title (relating 
to <nl>Approved Test Methods<ol> [Testing Requirements]). 
   
  (8) (No change.) 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 30, 1995. 
 TRD-9510952 
  Lydia Gonzalez-Gromatzky 
 Acting Director, Legal Services Division 
 Texas Natural Resource Conservation Commission 
    Proposed date of adoption: December 20, 1995 
 For further information, please call: (512) 239-1970 
         
               
  Subchapter F. Miscellaneous Industrial Sources 
 
  Cutback Asphalt 
 
  30 TAC sec.sec.115.512, 115.513, 115.517 
 
  The Texas Natural Resource Conservation Commission (TNRCC or Commission) 
proposes amendments to sec.sec.115.512, 115.513, and 115.517, concerning Cutback 
Asphalt. The proposed changes to sec.115.512, concerning Control Requirements, 
delete language which is obsolete due to the passage of a December 31, 1992 
compliance date. The proposed changes to sec.115.513, concerning Alternate 
Control Requirements, update a reference to sec.115.910 to reflect a title 
change. The proposed changes to sec.115.517, concerning Exemptions, clarify the 
intent of an existing exemption for pothole patching material made with cutback 
asphalt. 
 Stephen Minick, Strategic Planning and Appropriations Division, has determined 
that for the first five-year period the sections are in effect there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the sections. 
 Mr. Minick also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be a more understandable and enforceable environmental 
regulation. There will be no effect on small businesses. There is no anticipated 
economic cost to persons who are required to comply with the sections as 
proposed. 
 Public hearings on this proposal will be held in Beaumont on September 26, 
1995, at 7:00 p.m. at the John Gray Institute, 855 Florida Avenue, Beaumont; and 
in Houston on September 27, 1995, at 10:00 a.m. in Conference Room A at the 
Houston-Galveston Area Council, 3555 Timmons Lane, Houston. Individuals may 
present oral statements when called upon in order of registration. Open 
discussion within the audience will not occur during the hearing; however a 
TNRCC staff member will be available to discuss the proposal 30 minutes prior to 
the hearing and will answer questions before and after the hearing. 
 Written comments not presented at the hearing may be submitted to the TNRCC 
central office in Austin. The deadline for submission of written comments will 
be 30 days after the date of publication of the proposal in the Texas Register . 
Material received by the TNRCC Office of Policy and Regulatory Development by 
4:00 p.m. on that date will be considered by the Commission prior to any final 
action on the proposal. Please mail written comments to Heather Evans, Office of 
Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-
3087, and reference Rule Log #95137-115-AI. Comments can also be faxed to (512) 
239-5687. Copies of the proposal are available at the central office of the 
TNRCC, Air Policy and Regulations Division, located at 12118 North IH-35, Park 
35 Technology Center, Building E, Austin, and at all TNRCC regional offices. For 
further information, contact Eddie Mack at (512) 239-1488. 
 Persons with disabilities who have special communication or other accommodation 
needs who are planning to attend the hearing should contact the agency at (512) 
239-4900. Requests should be made as far in advance as possible. 
 The amendments are proposed under the Texas Health and Safety Code (Vernon 
1992), the Texas Clean Air Act (TCAA), sec.382.017, which provides the TNRCC 
with the authority to adopt rules consistent with the policy and purposes of the 
TCAA. 
 The proposed amendments affect the Health and Safety Code, sec.382.017. 
 
 
  sec.115.512. Control Requirements. <ol> For persons in Nueces County and the 
Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas as 
defined in sec.115.10 of this title (relating to Definitions), the following 
control requirements shall apply. 
 
  (1) In Nueces County, [and until December 31, 1992 in Brazoria, Galveston, 
Harris, Jefferson, and Orange counties,] the use of cutback asphalt containing 
volatile organic compound (VOC) solvents for the paving of roadways, driveways, 
or parking lots is restricted to no more than 8.0% of the total annual volume 
averaged over a two-year period of asphalt used or specified for use by any 
state, municipal, or county agency who uses or specifies the type of asphalt 
application. 
   
  (2) In [Dallas, El Paso, and Tarrant counties, and after December 31, 1992 in 
counties other than Dallas, El Paso, and Tarrant in] the Beaumont/Port Arthur, 
Dallas/Fort Worth, El Paso, and Houston/Galveston areas, the use of cutback 
asphalt containing VOC solvents for the paving of roadways, driveways, or 
parking lots is restricted to no more than 7.0% of the total annual volume 
averaged over a two-year period of asphalt used or specified for use by any 
state, municipal, or county agency who uses or specifies the type of asphalt 
application. 
   
  (3)-(4) (No change.) 
 
     
  sec.115.513. Alternate Control Requirements. For all affected persons in 
Nueces County and the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas, alternate methods of demonstrating and documenting 
continuous compliance with the applicable control requirements or exemption 
criteria in this section may be approved by the Executive Director in accordance 
with sec.115.910 of this title (relating to <nl>Availability of<ol> Alternate 
Means of Control) if emission reductions are demonstrated to be substantially 
equivalent. 
 
   
  sec.115.517. Exemptions.  For persons in Nueces County and the Beaumont/Port 
Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston Areas, the following 
are exempt from the provisions of sec.115.512(3) of this title (relating to 
Control Requirements): 
 
  (1) <nl>asphalt concrete made with cutback asphalt, used for patching, which 
is stored in a<ol> long-life <nl>stockpile<ol> (longer than one-month 
<nl>storage <ol>) [stockpile storage of cutback asphalt]; and 
   
  (2) (No change.) 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 30, 1995. 
 TRD-9510953 
  Lydia Gonzalez-Gromatzky 
 Acting Director, Legal Services Division 
 Texas Natural Resource Conservation Commission 
    Proposed date of adoption: December 20, 1995 
 For further information, please call: (512) 239-1970 
         
             
  Degassing or Cleaning of Stationary, Marine, and Transport Vessels 
 
  30 TAC sec.sec.115.541-115.543, 115.546, 115.547, 115.549 
 
  The Texas Natural Resource Conservation Commission (TNRCC or Commission) 
proposes amendments to sec.sec.115.541, 115.542, 115.543, 115.546, 115.547, and 
115.549, concerning Degassing or Cleaning of Stationary, Marine, and Transport 
Vessels. The proposed amendments to sec.115.541, concerning Emission 
Specifications, sec.115.542, concerning Control Requirements, sec.115.546, 
concerning Monitoring and Recordkeeping Requirements, sec.115.547, concerning 
Exemptions, and sec.115.549, concerning Counties and Compliance Schedules, 
correct typographical errors and change VOC transport vessel and VOC marine 
vessel to transport vessel and marine vessel, respectively, for consistency with 
the remainder of Chapter 115 and the definitions of these terms contained within 
sec.115.10, concerning Definitions. The proposed changes to sec.115.549 also 
delete the attainment date from the contingency rules since this date may be 
revised in the future. The proposed changes to sec.115.543, concerning Alternate 
Control Requirements, update a reference to sec.115.910 to reflect a title 
change. 
 Stephen Minick, Strategic Planning and Appropriations Division, has determined 
that for the first five-year period the sections are in effect there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the sections. 
 Mr. Minick also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be a more understandable and enforceable environmental 
regulation. There will be no effect on small businesses. There is no anticipated 
economic cost to persons who are required to comply with the sections as 
proposed. 
 Public hearings on this proposal will be held in Beaumont on September 26, 
1995, at 7:00 p.m. at the John Gray Institute, 855 Florida Avenue, Beaumont; and 
in Houston on September 27, 1995, at 10:00 a.m. in Conference Room A at the 
Houston-Galveston Area Council, 3555 Timmons Lane, Houston. Individuals may 
present oral statements when called upon in order of registration. Open 
discussion within the audience will not occur during the hearing; however a 
TNRCC staff member will be available to discuss the proposal 30 minutes prior to 
the hearing and will answer questions before and after the hearing. 
 Written comments not presented at the hearing may be submitted to the TNRCC 
central office in Austin. The deadline for submission of written comments will 
be 30 days after the date of publication of the proposal in the Texas Register . 
Material received by the TNRCC Office of Policy and Regulatory Development by 
4:00 p.m. on that date will be considered by the Commission prior to any final 
action on the proposal. Please mail written comments to Heather Evans, Office of 
Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-
3087, and reference Rule Log #95137-115-AI. Comments can also be faxed to (512) 
239-5687. Copies of the proposal are available at the central office of the 
TNRCC, Air Policy and Regulations Division, located at 12118 North IH-35, Park 
35 Technology Center, Building E, Austin, and at all TNRCC regional offices. For 
further information, contact Eddie Mack at (512) 239-1488. 
 Persons with disabilities who have special communication or other accommodation 
needs who are planning to attend the hearing should contact the agency at (512) 
239-4900. Requests should be made as far in advance as possible. 
 The amendments are proposed under the Texas Health and Safety Code (Vernon 
1992), the Texas Clean Air Act (TCAA), sec.382.017, which provides the TNRCC 
with the authority to adopt rules consistent with the policy and purposes of the 
TCAA. 
 The proposed amendments affect the Health and Safety Code, sec.382.017. 
 
 
  sec.115.541. Emission Specifications. 
 
  (a) For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, 
and Houston/Galveston areas as defined in  s115.10 of this title (relating to 
Definitions), the following emission specifications shall apply to degassing 
during or in preparation of cleaning. 
 
  (1) (No change.) 
   
  (2) For all [VOC] transport vessels, as defined in  s115.10 of this title, 
with a nominal storage capacity of 8,000 gallons or more: 
 
  (A)-(B) (No change.) 
   
  (C) When conducting degassing or cleaning operations, no avoidable liquid or 
gaseous leaks, as detected by sight or sound, shall originate from the degassing 
or cleaning operations; [and] 
   
  (D) (No change.) 
   
  (E)  All [VOC] transport vessels, as defined in sec.115.10 of this title, 
shall be kept vapor-tight at all times until the vapors remaining in the vessel 
are discharged to a vapor control system. 
       
  (b) For all persons in the Beaumont/Port Arthur and Houston/Galveston areas 
[as defined in sec.115.10 of this title], the following emission specifications 
shall apply to degassing during or in preparation of cleaning for all [VOC] 
marine vessels, as defined in sec.115.10 of this title, with a nominal storage 
capacity of 10,000 barrels (420,000 gallons) or more. 
 
  (1)-(4) (No change.) 
   
  (5) All [VOC] marine vessels, as defined in sec.115.10 of this title, shall 
have all cargo tank closures properly secured, or maintain a negative pressure 
within the tank when a closure is opened, and shall have all pressure/vacuum 
relief valves operating within certified limits as specified by classification 
society or flag state until the vapors are discharged to a vapor control system 
if the vessel is degassed or cleaned. 
 
       
  sec.115.542. Control Requirements. 
 
  (a) For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, 
and Houston/Galveston areas, the following control requirements shall apply to 
stationary storage tanks and transport vessels. 
 
  (1) No person shall permit the degassing or cleaning of volatile organic 
compounds (VOC) a stationary storage tank or [VOC] transport vessel unless the 
vapors are processed by a vapor control system. 
   
  (2) When degassing or cleaning is effected through the hatches of a [VOC] 
transport vessel with a loading arm equipped with a vapor collection adapter, 
then pneumatic, hydraulic, or other mechanical means shall be provided to force 
a vapor-tight seal between the adapter and the hatch. A means shall be provided 
to minimize liquid drainage from the degassing or cleaning device when it is 
removed from the hatch of any [VOC] transport vessel or to accomplish drainage 
before such removal. 
   
  (3)-(4) (No change.) 
   
  (5) Vapors shall be routed to the control device until a turnover of at least 
four vapor space volumes has occurred, or four turnovers of the vapor space 
under a floating roof, or the partial vapor pressure is less than 0.5 psia 
(19,000 ppmw <nl>,<ol> [expressed as methane] or 34,000 ppmv <nl>expressed as 
methane <ol>). After one of these conditions has been satisfied, the storage 
vessel may be vented to the atmosphere for the remainder of the degassing or 
cleaning process. 
     
  (b) For all persons in the Beaumont/Port Arthur and Houston/Galveston areas, 
the following control requirements shall apply to [VOC] marine vessels: 
 
  (1)-(3) (No change.) 
   
  (4) Vapors shall be routed to the control device until the [VOC] marine vessel 
is stripped liquid-free and a turnover of at least four vapor space volumes has 
occurred, the partial vapor pressure is less than 0.5 psia (19,000 <nl>ppmw, 
<ol> [ppmv] or 34,000 ppmv expressed as methane), or the concentration of VOC is 
less than 20% of lower explosion limit. After one of these conditions has been 
satisfied, the [VOC] marine vessel may be vented to the atmosphere for the 
remainder of the degassing or cleaning process. 
 
       
  sec.115.543. Alternate Control Requirements. For all persons in the 
Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas, 
alternate methods of demonstrating and documenting continuous compliance with 
the applicable control requirements or exemption criteria in this undesignated 
head may be approved by the Executive Director in accordance with sec.115.910 of 
this title (relating to <nl>Availability of<ol> Alternate Means of Control) if 
emission reductions are demonstrated to be substantially equivalent. 
 
   
  sec.115.546. Monitoring and Recordkeeping Requirements. For facilities in the 
Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas 
affected by sec.115.541 and sec.115.542 of this title (relating to Emission 
Specifications and Control Requirements), the owner or operator of any volatile 
organic compound (VOC) degassing or cleaning facility shall maintain the 
following information at the facility for at least two years and shall make such 
information available upon request to representatives of the Texas Natural 
Resource Conservation Commission, United States Environmental Protection Agency, 
or any local air pollution control agency having jurisdiction in the area: 
 
  (1) For vessel degassing or cleaning operations: 
 
  (A) a record of the type and number of all [VOC] transport vessels, stationary 
VOC storage tanks, and [VOC] marine vessels which are degassed or cleaned at the 
affected facility; 
   
  (B)-(C) (No change.) 
     
  (2)-(4) (No change.) 
 
     
  sec.115.547. Exemptions.  For all persons in the Beaumont/Port Arthur, 
Dallas/Fort Worth, El Paso, and Houston/Galveston areas <nl>as defined in 
sec.115.10 of this title (relating to Definitions)<ol>, the following exemptions 
apply. 
 
  (1) (No change.) 
   
  (2) Degassing or cleaning any [VOC] transport vessel with a nominal storage 
capacity of less than 8,000 gallons, or any stationary VOC storage tank with a 
nominal storage capacity of less than 1,000,000 gallons, or any [VOC] marine 
vessel with a nominal storage capacity of less than 10,000 barrels (420,000 
gallons), is exempt from the requirements of this undesignated head. 
   
  (3) (No change.) 
   
  (4) Any [VOC] marine vessel which has sustained damage which prevents a cargo 
tanks opening from being properly secured, the onboard vapor recovery system to 
be inoperative, or the pressure/vacuum relief valves from operating within 
certified limits as specified by classification society or flag state <nl>is<ol> 
[are] exempt from sec.115.541(3) and sec.115.542(b) of this title (relating to 
Emission Specification and Control Requirements); however, all reasonable 
measures <nl>shall<ol> [will] be taken to minimize VOC emissions. 
   
  (5) Any oceangoing, self-propelled [VOC] marine vessel is exempt from the 
degassing or cleaning requirements of this undesignated head. 
 
     
  sec.115.549. Counties and Compliance Schedules. 
 
  (a) All affected persons in the Brazoria, Chambers, El Paso, Fort Bend, 
Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, and Waller 
counties shall be in compliance with this undesignated head <nl>(relating to 
Degassing or Cleaning of Stationary, Marine, and Transport Vessels)<ol> as soon 
as practicable, but no later than November 15, 1996. 
   
  (b) All affected persons in Collin, Dallas, Denton, and Tarrant counties shall 
be in compliance with this undesignated head as soon as practicable, but no 
later than one year, after the Texas Natural Resource Conservation Commission 
(TNRCC) publishes notification in the Texas Register <ol> of its determination 
that this contingency rule is necessary as a result of failure to attain the 
national ambient air quality standard (NAAQS) for ozone by the [November 15, 
1996] attainment deadline or failure to demonstrate reasonable further progress 
as set forth in the 1990 Amendments to the Federal Clean Air Act (FCAA), 
sec.172(c) (9). 
   
  (c) All affected persons in El Paso County shall be in compliance with this 
undesignated head as soon as practicable, but no later than one year, after the 
TNRCC publishes notification in the Texas Register <nl>of its determination that 
this contingency rule is necessary as a result of failure to attain the NAAQS 
for ozone by the [November 15, 1996] attainment deadline or failure to 
demonstrate reasonable further progress as set forth in the 1990 Amendments to 
the FCAA, sec.172(c)(9). 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 30, 1995. 
 TRD-9510954 
  Lydia Gonzalez-Gromatzky 
 Acting Director, Legal Services Division 
 Texas Natural Resource Conservation Commission 
    Proposed date of adoption: December 20, 1995 
 For further information, please call: (512) 239-1970 
         
               
  Subchapter J. Administrative Provisions 
 
  General Permits 
 
  30 TAC sec.115.950 
 
  (Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Natural 
Resource Conservation Commission or in the Texas Register office, Room 245, 
James Earl Rudder Building, 1019 Brazos Street, Austin.) 
   
  The Texas Natural Resource Conservation Commission (TNRCC or Commission) 
proposes the repeal of sec.115.950, concerning Standard Permits (Standard 
Construction Permit for Volatile Organic Compounds (VOC) Control Projects). The 
repeal is proposed in order to streamline TNRCC rules through the elimination of 
essentially redundant requirements. 
 Section 115.950 was added to Chapter 115 effective December 3, 1993 in order to 
address the permit requirements of VOC emission control equipment being 
installed to comply with the control requirements of Chapter 115. As noted in 
the evaluation of testimony published in the November 19, 1993, issue of the 
Texas Register (18 TexReg 8568), this section was "only a stopgap first effort 
to solve an immediate need to prevent undue impediments to compliance with new 
Chapter 115 control requirements" which were adopted concurrently. 
 New sec.sec.116.610, 116.611, 116.614, and 116.617, concerning Standard 
Permits, were added to Chapter 116 effective May 4, 1994 and include two 
standard permits. The first standard permit is designed to handle emission 
control equipment required by any state or federal rule, standard, or 
regulation. The second standard permit relates to voluntary installation of 
emission control equipment. The adoption of the Chapter 116 standard permit 
rules removed the need for the "stopgap" Chapter 115 standard permit rules. 
 Stephen Minick, Strategic Planning and Appropriations Division, has determined 
that for the first five-year period the repeal is in effect there will be no 
fiscal implications for local governments as a result of enforcing or 
administering the repeal. The fiscal implications for state government as a 
result of enforcing or administering the repeal includes the receipt of a flat 
$450 fee for each Chapter 116 standard permit registration. 
 Mr. Minick also has determined that for each year of the first five years the 
repeal is in effect the public benefit anticipated as a result of enforcing the 
repeal will be the elimination of duplicative rules. The anticipated costs for 
small businesses, persons, or facilities who are required to comply with the 
repeal includes a flat $450 fee for each Chapter 116 standard permit 
registration. Because the requirements of the Chapter 115 and Chapter 116 
standard permits are so similar, the actual cost of preparing a standard permit 
registration is not expected to change significantly with the repeal of 
sec.115.950. 
 Public hearings on this proposal will be held in Beaumont on September 26, 
1995, at 7:00 p.m. at the John Gray Institute, 855 Florida Avenue, Beaumont; and 
in Houston on September 27, 1995, at 10:00 a.m. in Conference Room A at the 
Houston-Galveston Area Council, 3555 Timmons Lane, Houston. Individuals may 
present oral statements when called upon in order of registration. Open 
discussion within the audience will not occur during the hearing; however a 
TNRCC staff member will be available to discuss the proposal 30 minutes prior to 
the hearing and will answer questions before and after the hearing. 
 Written comments not presented at the hearing may be submitted to the TNRCC 
central office in Austin. The deadline for submission of written comments will 
be 30 days after the date of publication of the proposal in the Texas Register . 
Material received by the TNRCC Office of Policy and Regulatory Development by 
4:00 p.m. on that date will be considered by the Commission prior to any final 
action on the proposal. Please mail written comments to Heather Evans, Office of 
Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-
3087, and reference Rule Log #95137-115-AI. Comments can also be faxed to (512) 
239-5687. Copies of the proposal are available at the central office of the 
TNRCC, Air Policy and Regulations Division, located at 12118 North IH-35, Park 
35 Technology Center, Building E, Austin, and at all TNRCC regional offices. For 
further information, contact Eddie Mack at (512) 239-1488. 
 Persons with disabilities who have special communication or other accommodation 
needs who are planning to attend the hearing should contact the agency at (512) 
239-4900. Requests should be made as far in advance as possible. 
 The repeal is proposed under the Texas Health and Safety Code (Vernon 1992), 
the Texas Clean Air Act (TCAA), sec.382.017, which provides the TNRCC with the 
authority to adopt rules consistent with the policy and purposes of the TCAA. 
 The proposed repeal affects the Health and Safety Code,  s382.017. 
 
 
  sec.115.950. Standard Construction Permit for Volatile Organic Compounds (VOC) 
Control Projects. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 30, 1995. 
 TRD-9510956 
  Lydia Gonzalez-Gromatzky 
 Acting Director, Legal Services Division 
 Texas Natural Resource Conservation Commission 
    Proposed date of adoption: December 20, 1995 
 For further information, please call: (512) 239-1970 
         
               Chapter 116. Control of Air Pollution by Permits for New 
Construction or Modification 
  
  Subchapter B. New Source Review Permits 
 
  Nonattainment Review 
 
  30 TAC sec.116.150 
 
  The Texas Natural Resource Conservation Commission (TNRCC) proposes an 
amendment to sec.116.150, concerning Nonattainment Review. The nitrogen oxides 
(NO [sub]x <ol>) requirements of sec.116.150 were originally adopted in response 
to a requirement by the United States Environmental Protection Agency (EPA) and 
the 1990 Federal Clean Air Act (FCAA) Amendments for states to implement 
nonattainment new source review (NNSR) for NO  [sub]x in the following ozone 
nonattainment areas: Dallas/Fort Worth (Collin, Dallas, Denton, and Tarrant 
counties), El Paso (El Paso County), Houston/ Galveston (Brazoria, Chambers, 
Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller counties), and 
Beaumont/ Port Arthur (Hardin, Jefferson, and Orange counties). 
 The FCAA, sec.182(f) allows the following federally required NO [sub]x<ol> 
measures to be waived if the state demonstrates through photochemical dispersion 
modeling that NO [sub]x<ol> reductions do not contribute to ozone attainment: 
reasonably available control technology (RACT), NNSR, vehicle inspection and 
maintenance, and conformity. Section 182(f) exemptions for the Dallas/Fort Worth 
(DFW) and El Paso areas were approved by EPA on November 21, 1994. The TNRCC 
requested a temporary sec.182(f) exemption for RACT and transportation 
conformity for Houston/ Galveston (HGA) and Beaumont/Port Arthur (BPA) to allow 
the results of further Urban Airshed Model (UAM) modeling to guide the NO [sub]x 
reduction strategy. On April 12, 1995, EPA approved a temporary sec.182(f) 
exemption, which expires on December 31, 1996, for all<ol> NO [sub]x<ol> 
requirements in HGA and BPA. 
 Section 116.150 requires, among other things, that NO point=4.52p  [sub]x<ol> 
emission increases from any proposed major new or modified facility in an ozone 
nonattainment area be offset before commencing operation, using the appropriate 
offset ratio for the area. The major new or modified facility must also comply 
with the lowest achievable emission rate (LAER). A "netting" procedure, in which 
creditable emissions increases and decreases over a defined time period 
(contemporaneous period) are summed, may be required to be, performed to 
determine if NNSR is necessary. If NNSR is not required, the source must still 
undergo state new source review. 
 The TNRCC is proposing to repeal NO [sub]x<ol> NNSR in the DFW and El Paso 
ozone nonattainment areas, since UAM modeling predicts that these areas will 
attain the ozone standard without NO [sub]x  reductions. For the HGA and BPA 
areas, however, further UAM modeling, using data from the Coastal Oxidant 
Assessment for Southeast Texas (COAST) study, is needed to determine whether NO 
[sub]x<ol> reductions are necessary for ozone attainment. For this reason, the 
TNRCC is proposing to temporarily suspend, rather than repeal, certain NNSR 
requirements for the HGA and BPA areas. 
 Specifically, the NO [sub]x <ol> NNSR requirements for LAER, compliance 
certifications, and alternative site analysis would be suspended in HGA and BPA 
until January 1, 1998. In addition, it is proposed to temporarily raise the de 
minimis threshold level for proposed NO [sub]x<ol> emissions increases from 5 to 
40 tons per year. Projects with NO point=4.52p  [sub]x increases less than 40 
tons per year would not be required to submit netting calculations as part of 
the new source review process. However, these cumulative increases must be 
considered for future projects requiring netting. 
 Existing Prevention of Significant Deterioration (PSD) rules already require 
projects with NO [sub]x <ol> increases equal to or greater than 40 tons per year 
to undergo PSD review. However, for net NO [sub]x  emissions increases 
aggregated over the contemporaneous period which are greater than 25 tons per 
year (major modification level for sources in HGA or BPA), the offset 
requirements of  s116.150 would be in effect in accordance with the existing 
rule, but would be held in abeyance until January 1, 1998. 
 The current definitions in sec.116.12, concerning Nonattainment Review 
Definitions, would continue to apply. In particular, the definition of "major 
modification" would remain at 25 tons per year in the HGA and BPA areas. The 
suspension of requirements of sec.116.150 would be retroactive to April 12, 
1995, the date EPA approved the state's temporary sec.182(f) exemption. However, 
companies would still have the option to be evaluated under existing rule 
requirements. The current NNSR requirements for volatile organic compounds (VOC) 
and other pollutants besides NO [sub]x<ol> are not changed by this proposed 
revision. 
 Two potential scenarios may influence the agency's future actions with regard 
to NO [sub]x <ol> NNSR for HGA and BPA. 1) If the next round of UAM modeling 
using COAST data shows ozone benefits from NO point=4.52p  [sub]x reductions, 
the waived NNSR requirements would be reinstated on January 1, 1998. Offsets 
which had been held in abeyance during the temporary suspension period would be 
required, and affected sources would have until January 1, 2000 to obtain them. 
In concurrent actions, the TNRCC is preparing to conduct hearings before 
submitting a petition to EPA, requesting a one-year extension of the temporary 
sec.182(f) exemption to December 31, 1997. 2) If the UAM results show no ozone 
benefits from NO [sub]x  reductions, then a permanent sec.182(f) exemption may 
be requested from EPA, and if granted, followed by the repeal of Chapter 117 NO  
[sub]x RACT rules and Chapter 116 NO [sub]x NNSR provisions in HGA and BPA. In 
this instance the NO [sub]x  offsets held in abeyance would not be required. 
 These changes have consequences for NO [sub]x<ol> emission reduction credits 
(ERCs) deposited in the TNRCC emissions bank for the purpose of selling these 
credits for offsets. Removal of NO [sub]x offset requirements could lead to 
unmarketable ERCs and, since certified ERCs are currently available for offset 
credits up to five years after the reduction was achieved, these ERCs could 
possibly expire before use. In order to help avoid this situation, separate 
rulemaking has been proposed (20 TexReg 5013) to revise the Emissions Banking 
rule (Chapter 101, General Rules, sec.101.29). These revisions, which would 
apply both to NO [sub]x  and VOC ERCs, would extend the life of certified 
credits from 5 to 10 years, eliminate the 3. 0% per year depreciation factor for 
ERCs de-posited in the bank, and promote additional flexibility in the use of 
ERCs. 
 Stephen Minick, Strategic Planning and Appropriations Division, has determined 
that for the first five-year period the proposed section is in effect, there 
will be no significant fiscal implications for state and local governments as a 
result of administration or enforcement of the section. In regard to economic 
costs to businesses, affected companies are anticipated to realize cost savings 
as a result of deferring offset, LAER, compliance certifications, and 
alternative site analysis requirements to a later date or repealing these 
requirements altogether. These cost savings will vary on a case-by-case basis 
with each affected company and have not been quantified. Sales of emission 
reduction credits by the few sources which made reductions for the purpose of 
providing offsets to other companies could be jeopardized. The impacts of the 
proposed rule on the market value of emission reduction credits and the indirect 
fiscal implications have also not been determined. There are no significant 
direct implications anticipated for small businesses. 
 Mr. Minick also has determined that for each year of the first five-year period 
the proposed section is in effect, the public benefit anticipated as a result of 
implementing the section will be consistency with federal requirements. There 
are no fiscal implications anticipated for any person required to comply with 
this section as proposed. 
 A public hearing on the proposal will be held on October 2, 1995, at 10:00 a.m. 
in Room 254S of TNRCC Building E, located at 12118 North IH-35, Park Technology 
Center, Austin. Individuals may present oral statements when called upon in 
order of registration. Open discussion within the audience will not occur during 
the hearing; however, a TNRCC staff member will be available to discuss the 
proposal 30 minutes prior to the hearing and will answer questions before and 
after the hearing. 
 Written comments not presented at the hearing may be submitted to the TNRCC 
central office in Austin. The deadline for submission of written comments will 
be 30 days after the date of publication in the Texas Register. Material 
received by the TNRCC Office of Policy and Regulatory Development by 4:00 p.m. 
on that date will be considered by the Commission prior to any final action on 
the proposal. Please mail written comments to Heather Evans, Office of Policy 
and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, 
and reference Rule Log #95101-116-AI. Please fax written comments to (512) 239-
5687. Copies of the proposed rule are available at the central office of the 
TNRCC, Air Policy and Regulations Division, located at 12118 North IH-35, Park 
35 Technology Center, Building E, Austin, and at all TNRCC regional offices. For 
further information, contact Mike Magee at (512) 239-1511. 
 Persons with disabilities who have special communication or other accommodation 
needs who are planning to attend the hearings should contact the agency at (512) 
239-4900. Requests should be made as far in advance as possible. 
 The amendment is proposed under the Texas Health and Safety Code (Vernon 1992), 
the Texas Clean Air Act (TCAA), sec.382.017, which provides the TNRCC with the 
authority to adopt rules consistent with the policy and purposes of the TCAA. 
 The proposed amendment affects the Health and Safety Code, sec.382.017. 
 
 
  sec.116.150. New Major Source or Major Modification in Ozone Nonattainment 
Area. 
 
  <nl>(a) This section applies to administratively complete applications 
received on or after November 15, 1992. Applications filed before November 15, 
1992 shall be reviewed using the procedures outlined in this chapter in effect 
on October 22, 1991. The owner or operator of a proposed new facility which is a 
major stationary source of volatile organic compound (VOC) emissions or nitrogen 
oxides (NO  [sub]x<ol>) emissions, or which is a facility that will undergo a 
major modification with respect to VOC or NO [sub]x<ol> emissions, and which is 
to be located in any area designated as nonattainment for ozone in accordance 
with the Federal Clean Air Act (FCAA), sec.107 shall meet the additional 
requirements of paragraphs (1)-(4) of this subsection<nl>, except as provided 
for in subsections (b) and (c) of this section<ol>. Table I of sec.116.12 of 
this title (relating to Nonattainment Review Definitions) specifies the various 
classifications of <nl>nonattainment along with the associated emission levels 
which designate a major stationary source or major modification<ol> for those 
classifications. The de minimis threshold test shall be required for proposed 
VOC [or NO  [sub]x<ol>] emissions increases that equal or exceed five tons per 
year in moderate, serious, and severe ozone nonattainment areas<nl>, and for NO 
point=4.52p  [sub]x<ol> emissions increases that equal or exceed forty tons per 
year in moderate, serious, and severe ozone nonattainment areas. In applying the 
de minimis threshold test, if the net emissions increases aggregated over the 
contemporaneous period are greater than the major modification levels stated in 
Table I, then the following requirements apply: 
 
  (1)-(4) (No change.) 
     
  <nl>(b) For sources located in the Dallas/Fort Worth ozone nonattainment area 
(Collin, Dallas, Denton, and Tarrant counties) or the El Paso ozone 
nonattainment area (El Paso County), the requirements of this section do not 
apply to NO [sub]x<ol> <nl>emissions. 
   
  <nl>(c) For sources located in the Houston/Galveston (HGA) ozone nonattainment 
area (Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and 
Waller counties) or the Beaumont/Port Arthur (BPA) ozone nonattainment area 
(Hardin, Jefferson, and Orange counties), the following shall apply to NO 
[sub]x<ol> <nl>emissions: 
 
  <nl>(1) For permit applications in review after April 12, 1995 and declared 
administratively complete on or before December 31, 1997: 
 
  <nl>(A) Subsection (a)(1), (2), and (4) of this section do not apply. 
   
  <nl>(B) The requirements of subsection (a)(3) of this section apply and shall 
be made a part of the source's permit. However, the requirements shall be held 
in abeyance for a period ending no sooner than January 1, 1998. The Commission 
may on or after January 1, 1998, and after making the determinations described 
in paragraph (2) of this subsection, require the source to implement the permit 
requirements imposed pursuant to the requirements of subsection (a)(3) of this 
section. If the Commission requires implementation, the source shall obtain the 
NO [sub]x <ol> offsets as specified in subsection (a)(3) of this section no 
later than January 1, 2000. 
   
  <nl>(C) Documentation of proposed increases of NO [sub]x<ol> equal to or 
greater than 40 tons per year, as well as documentation of netting calculations 
for these increases, shall be submitted. 
     
  <nl>(D) A source otherwise subject to the requirements of subsection (a)(1)-
(4) of this section may, at its option, comply with any of those requirements. 
   
  <nl>(2) The Commission will review, during the years 1996 and 1997, the 
results of the Urban Airshed Model for the HGA and BPA ozone nonattainment 
areas, using data from the Coastal Oxidant Assessment for Southeast Texas study, 
in accordance with the United States Environmental Protection Agency document 
"Guideline for Determining the Applicability of Nitrogen Oxides Requirements 
under Section 182(f)" (December 1993). If the Commission determines that 
additional NO [sub]x <ol> <nl>reductions in the nonattainment area would 
contribute to attainment of the National Ambient Air Quality Standards for ozone 
in that nonattainment area the Commission will notify sources which have permit 
requirements in abeyance pursuant to paragraph (1)(B) of this subsection, that 
the period of abeyance shall end. The source shall obtain the NO [sub]x<nl> 
offsets as specified in subsection (a)(3) of this section no later than January 
1, 2000. On or after January 1, 1998, the Commission pursuant to a formal 
rulemaking proceeding may require sources in the HGA and BPA nonattainment areas 
who file an application after January 1, 1998, to comply with the requirements 
of subsection (a)(1)-(4) of this section. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 24, 1995. 
 TRD-9510765 
  Lydia Gonzalez-Gromatzky 
 Director, Legal Services Division 
 Texas Natural Resource Conservation Commission 
    Proposed date of adoption: December 20, 1995 
 For further information, please call: (512) 239-1970 
         
                   Chapter 117. Control of Air Pollution From Nitrogen Compounds 
  
  Subchapter C. Acid Manufacturing 
 
  The Texas Natural Resource Conservation Commission (TNRCC) proposes amendments 
to sec.sec.117.451, 117.510, 117.520, 117.530, and 117.601, to extend the final 
compliance dates in Chapter 117, concerning Control of Air Pollution From 
Nitrogen Compounds, by two years to May 31, 1999. Chapter 117 was adopted in 
response to a requirement by the United States Environmental Protection Agency 
(EPA) and the 1990 Federal Clean Air Act (FCAA) Amendments for states to apply 
reasonably available control technology (RACT) requirements to major sources of 
nitrogen oxides (NO point=4.52p  [sub]x<ol>) in the following ozone 
nonattainment counties: Brazoria, Chambers, Fort Bend, Galveston, Harris, 
Liberty, Montgomery, and Waller (Houston/Galveston ozone nonattainment area) and 
Hardin, Jefferson, and Orange (Beaumont/ Port Arthur ozone nonattainment area). 
 Section 182(f) of the 1990 FCAA requires states to adopt rules to apply RACT by 
May 31, 1995 to major stationary sources of NO [sub]x<ol> in ozone nonattainment 
areas designated moderate or above, unless it can be demonstrated that reducing 
NO [sub]x emissions would not contribute to attainment of the ozone standard in 
those areas. The TNRCC adopted NO [sub]x RACT rules in Chapter 117, effective 
June 9, 1993, for the Houston/Galveston (HGA) and Beaumont/Port Arthur (BPA) 
ozone nonattainment areas, based on the strength of preliminary indications of 
resulting benefits. By March, 1994, initial results of photochemical grid 
modeling, using the Urban Airshed Model (UAM), became available which predicted 
that NO [sub]x reductions would be counterproductive to ozone control in 
portions of the HGA and BPA areas. 
 As a result, the Chapter 117 final compliance date was extended from May 31, 
1995 to May 31, 1997 in rulemaking effective September 22, 1994. This extension 
delayed the implementation of NO point=4.52p  [sub]x<ol> RACT in HGA and BPA to 
allow time for UAM modeling using data from the Coastal Oxidant Assessment for 
Southeast Texas (COAST), an intensive 1993 field study. These UAM results are 
critical in determining whether, and to what extent, NO [sub]x reductions will 
be needed to attain the ozone standard. 
 Based on UAM modeling, the TNRCC submitted a petition to the EPA on August 17, 
1994, requesting that NO [sub]x<ol> requirements in HGA and BPA be temporarily 
suspended under the FCAA, sec.182(f). The EPA approved the sec.182(f) exemption 
on April 12, 1995, granting a temporary exemption until December 31, 1996 for 
the following NO [sub]x requirements: RACT, nonattainment new source review, 
vehicle inspection/maintenance, and conformity. The approval stipulated that NO 
[sub]x RACT must be implemented no later than May 31, 1997. 
 The schedule submitted in the state's original sec.182(f) petition for HGA and 
BPA was based on completion of the UAM COAST modeling for attainment 
demonstration purposes by May 31, 1996. Now, an adjusted schedule has been 
developed to be consistent with submittal of the state's phased attainment 
demonstration State Implementation Plan (SIP) by May 31, 1997. This additional 
year allows the UAM modeling, using COAST data, to accommodate improvements in 
the modeling process. Submittal of the UAM modeling in mid-1997 using the more 
refined COAST data will allow the development of better substantiated control 
programs and minimize the possibility that earlier modeling could result in 
unnecessary or even counterproductive control programs, particularly if NO 
point=4.52p  [sub]x<ol> controls are determined to not be needed. 
 The EPA's approval of the petition to extend the temporary sec.182(f) NO [sub]x 
<ol> exemption would provide additional time necessary to perform the UAM 
modeling. If UAM modeling results support a more specifically targeted NO [sub]x  
control strategy, revisions to the NO [sub]x RACT rule may be necessary before 
implementation. In that case, the NO [sub]x  RACT rule would be revised to 
eliminate any requirements shown by the UAM to be ineffective, and would be 
submitted to EPA by May 31, 1997. Extending the NO point=4.52p  [sub]x RACT 
compliance date to May 31, 1999 would provide industry with the necessary lead 
time to begin implementing the rule after UAM modeling results become known and 
rule revisions, if needed, are adopted. The state is submitting to EPA a 
petition to extend the temporary sec.182(f) NO point=4.52p  [sub]x exemption by 
one year to December 31, 1997. The petition requests that the NO [sub]x  RACT 
implementation date be extended two years to May 31, 1999. 
 The TNRCC is, therefore, proposing to revise the compliance schedules of 
sec.sec.117.510, 117.520, and 117.530, contained in Subchapter D, Administrative 
Provisions, to extend the final compliance dates from May 31, 1997 to May 31, 
1999. If the UAM modeling results from the COAST study indicate that NO  
[sub]x<ol> reductions do not contribute to attainment of the ozone standard, 
then the requirements of Chapter 117 may be proposed in rulemaking to address 
these findings and rescind the rule. Existing sec.117.560, relating to 
Rescission, details the procedures to be followed in this contingency. 
 References to the final compliance date appear in sec.117.451 (relating to 
Applicability, Nitric Acid Manufacturing General) and sec.117.601(a) (relating 
to Gas-Fired Steam Generation). These rule sections state that for emission 
units located in ozone nonattainment areas, the existing Chapter 117 emission 
specifications apply until superseded by the new emission specifications which 
become effective on the final rule compliance date. The TNRCC is proposing to 
change references to May 31, 1997 to May 31, 1999 in these sections. 
 Existing sec.117.540 (relating to Phased RACT) is not being revised in this 
proposal. The phased RACT rule was adopted to allow affected sources to petition 
the agency for additional time past the original May 31, 1995, compliance date 
to implement the Chapter 117 requirements. The rule section was developed in 
response to companies' concerns that in spite of good faith efforts to achieve 
compliance by May 31, 1995, delays could be encountered, and that a procedure 
was needed to allow a phased approach to implementing the rule requirements. 
With the proposed extension of the compliance date to May 31, 1999, references 
to dates in sec.117.540 will need to be changed. The TNRCC plans to propose 
these revisions by December, 1995, in order to combine them with separate 
revisions to sec.117.540(c) authorizing alternative fuel credits for Chapter 117 
compliance. 
 Stephen Minick, Strategic Planning and Appropriations Division, has determined 
that for the first five-year period the sections as proposed are in effect, 
there are no significant fiscal implications anticipated for state and local 
governments as a result of administration or enforcement of the sections. 
Economic costs to businesses as a result of this proposal are not readily 
quantifiable. Extending the rule's final compliance dates will generally result 
in savings for affected companies which have not yet made large capital 
commitments to achieve rule compliance. 
 Mr. Minick also has determined that for each year of the first five years the 
sections as proposed are in effect, the public benefit anticipated as a result 
of enforcement of and compliance with the sections will be improved consistency 
with EPA requirements and provisions of the FCAA Amendments and potential NO  
[sub]x<ol> emission reductions in ozone nonattainment areas which are necessary 
for the timely attainment of the ozone standard. There are no economic costs 
anticipated for any individual required to comply with the sections as proposed. 
Economic costs to businesses as a result of this proposal are not easily 
quantifiable. Extending the rule's final compliance dates will generally result 
in savings for affected companies which have not yet made large capital 
commitments to achieve rule compliance. 
 A public hearing on this proposal will be held October 2, 1995 at 10:00 a.m. in 
Room 254S of TNRCC Building E, located at 12118 North IH-35, Park Technology 
Center, Austin. Individuals may present oral statements when called upon in 
order of registration. Open discussion within the audience will not occur during 
the hearing; however, a TNRCC staff member will be available to discuss the 
proposal 30 minutes prior to the hearing and will answer questions before and 
after the hearing. 
 Written comments not presented at the hearing may be submitted to the TNRCC 
central office in Austin. The deadline for submission of written comments will 
be 30 days after the date of publication in the Texas Register. Material 
received by the TNRCC Office of Policy and Regulatory Development by 4:00 p.m. 
on that date will be considered by the Commission prior to any final action on 
the proposal. Please mail written comments to Heather Evans, Office of Policy 
and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, 
and reference Rules Tracking Log #95118-101-AI. Please fax written comments to 
(512) 239-5687. Copies of the proposed rule are available at the central office 
of the TNRCC, Air Policy and Regulations Division, located at 12118 North IH-35, 
Park 35 Technology Center, Building E, Austin, and at all TNRCC regional 
offices. For further information, contact Mike Magee at (512) 239-1511. 
 Persons with disabilities who have special communication or other accommodation 
needs who are planning to attend the hearings should contact the agency at (512) 
239-4900. Requests should be made as far in advance as possible. 
   
  Nitric Acid Manufacturing-General 
 
  30 TAC sec.117.451 
 
  The amendment is proposed under the Texas Health and Safety Code (Vernon 
1992), the Texas Clean Air Act (TCAA), sec.382.017, which provides the TNRCC 
with the authority to adopt rules consistent with the policy and purposes of the 
TCAA. 
 The proposed amendment implements the Health and Safety Code, sec.382.017. 
 
 
  sec.117.451. Applicability.  The emission limitations specified in sec.117.455 
of this title (relating to Emission Specifications) shall apply to all nitric 
acid production units in the state, with the exception that for nitric acid 
production units located in applicable ozone non-attainment areas, the emission 
limitations of sec.117.405 of this title (relating to Emission Specifications) 
shall apply after May 31,  <nl>1999<ol> [1997]. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 24, 1995. 
 TRD-9510766 
  Lydia Gonzalez-Gromatzky 
 Director, Legal Services Division 
 Texas Natural Resource Conservation Commission 
    Proposed date of adoption: December 20, 1995 
 For further information, please call: (512) 239-1970 
         
             
  Subchapter D. Administrative Provisions 
 
  30 TAC sec.sec.117.510, 117.520, 117.530 
 
  The amendments are proposed under the Texas Health and Safety Code (Vernon 
1992), the Texas Clean Air Act (TCAA), sec.382.017, which provides the TNRCC 
with the authority to adopt rules consistent with the policy and purposes of the 
TCAA. 
 The proposed amendments implement the Health and Safety Code, sec.382.017. 
 
 
  sec.117.510. Compliance Schedule For Utility Electric Generation.  All persons 
affected by the provisions of sec.sec.117.101, 117.103, 117. 105, 117.107, 
117.109, 117.111, 117.113, 117.115, 117.117, 117.119, and 117. 121 of this title 
(relating to Utility Electric Generation) shall be in compliance as soon as 
practicable, but no later than May 31,  <nl>1999<ol> [1997] (final compliance 
date). Additionally, all affected persons shall meet the following compliance 
schedules and submit written notification to the Executive Director: 
 
  (1) (No change.) 
   
  (2) conduct applicable continuous emissions monitoring system (CEMS) or 
predictive emissions monitoring systems (PEMS) evaluations and quality assurance 
procedures as specified in sec.117.113 of this title (relating to Continuous 
Demonstration of Compliance) according to the following schedules: 
 
  (A) (No change.) 
   
  (B) for equipment and software not required pursuant to 40 CFR 75, no later 
than May 31, <nl>1999<ol> [1997]. 
     
  (3) install all nitrogen oxides (NO [sub]x<ol>) abatement equipment, implement 
all NO point=4.52p  [sub]x<ol> control techniques, and submit the results of the 
CEMS or PEMS performance evaluation and quality assurance procedures to the 
Texas Natural Resource Conservation Commission no later than May 31, 
<nl>1999<ol> [1997]; 
   
  (4) for units operating without CEMS or PEMS, conduct applicable tests for 
initial demonstration of compliance as specified in sec.117.111 of this title 
(relating to Initial Demonstration of Compliance); and submit the results by 
April 1, 1994, or as early as practicable, but in no case later than May 31,  
<nl>1999<ol> [1997]; 
   
  (5) for units operating with CEMS or PEMS and complying with the NO [sub]x 
<ol> emission limit on a rolling 30-day average, conduct the applicable tests 
for the initial demonstration of compliance as specified in sec.117.111 of this 
title and submit the results of the applicable CEMS or PEMS performance 
evaluation and quality assurance procedures as specified in sec.117. 113 of this 
title no later than July 31, <nl>1999<ol> [1997]; 
   
  (6) for units operating with CEMS or PEMS and complying with the NO [sub]x 
<ol> emission limit in pounds per hour on a block one-hour average, conduct the 
applicable tests for the initial demonstration of compliance as specified in 
sec.117.111 of this title and submit the results of the applicable CEMS or PEMS 
performance evaluation and quality assurance procedures as specified in 
sec.117.113 of this title by May 31, <nl>1999<ol> [1997]; 
   
  (7) (No change.) 
   
  (8) no later than May 31, <nl>1999<ol> [1997], submit a final control plan for 
compliance in accordance with sec.117.115 of this title (relating to Final 
Control Plan Procedures). 
 
     
  sec.117.520. Compliance Schedule For Commercial, Institutional, and Industrial 
Combustion Sources. <ol> All persons affected by the provisions of sec. 
s117.201, 117.203, 117.205, 117.207-117.209, 117.211, 117.213, 117.215, 117.217, 
117.219, 117.221, and 117.223 of this title (relating to Commercial, 
Institutional, and Industrial Sources) shall be in compliance as soon as 
practicable, but no later than May 31,  <nl>1999<ol> [1997] (final compliance 
date). All affected persons shall meet the following compliance schedules and 
submit written notification to the Executive Director: 
 
  (1) (No change.) 
   
  (2) install all NO [sub]x <ol> abatement equipment and implement all NO 
[sub]x<ol> control techniques no later than May 31, <nl>1999<ol> [1997]; 
   
  (3) for units operating without continuous emissions monitoring system (CEMS) 
or predictive emissions monitoring systems (PEMS), conduct applicable tests for 
initial demonstration of compliance as specified in sec.117.211 of this title 
(relating to Initial Demonstration of Compliance); and submit the results by 
April 1, 1994, or as early as practicable, but in no case later than May 31, 
<nl>1999<ol> [1997]; 
   
  (4) for units operating with CEMS or PEMS and complying with the NO [sub]x 
<ol> emission limit on a rolling 30-day average, conduct the applicable tests 
for the initial demonstration of compliance as specified in sec.117.211 of this 
title and submit the results of the applicable CEMS or PEMS performance 
evaluation and quality assurance procedures as specified in sec.117. 213 of this 
title (relating to Continuous Demonstration of Compliance) no later than July 
31,  <nl>1999<ol> [1997]; 
   
  (5) for units operating with CEMS or PEMS and complying with the NO [sub]x 
<ol> emission limit in pounds per hour on a block one-hour average, conduct the 
applicable tests for the initial demonstration of compliance as specified in 
sec.117.211 of this title and submit the results of the applicable CEMS or PEMS 
performance evaluation and quality assurance procedures as specified in 
sec.117.213 of this title by May 31, <nl>1999<ol> [1997]; and 
   
  (6) no later than May 31, <nl>1999<ol> [1997], submit a final control plan for 
compliance in accordance with sec.117.215 of this title (relating to Final 
Control Plan Procedures). 
 
     
  sec.117.530. Compliance Schedule For Nitric Acid and Adipic Acid Manufacturing 
Sources.  All persons affected by the provisions of sec. s117.301, 117.305, 
117.309, 117.311, 117.319, and 117.321 of this title (relating to Adipic Acid 
Manufacturing) or the provisions of sec. s117.401, 117.405, 117.409, 117.411, 
117.413, 117.419, and 117.421 of this title (relating to Nitric Acid 
Manufacturing -Ozone Nonattainment Areas) shall be in compliance as soon as 
practicable, but no later than May 31,  <nl>1999<ol> [1997] (final compliance 
date). All affected persons shall meet the following compliance schedules and 
submit written notification to the Executive Director: 
 
  (1) (No change.) 
   
  (2) conduct applicable continuous emissions monitoring system (CEMS) or 
predictive emissions monitoring systems (PEMS) performance evaluation and 
quality assurance procedures as specified in sec.117.313 of this title (relating 
to Continuous Demonstration of Compliance) and sec.117.413 of this title 
(relating to Continuous Demonstration of Compliance); provide previous testing 
documentation for any claimed test waiver as allowed by sec.117.311(d) of this 
title (relating to Initial Demonstration of Compliance) or sec.117. 411(d) of 
this title (relating to Initial Demonstration of Compliance); and conduct 
applicable initial demonstration of compliance testing as specified in 
sec.117.311 and sec.117.411 of this title, by: 
 
  (A) (No change.) 
   
  (B) no later than May 31, <nl>1999<ol> [1997], for affected facilities 
performing process modification or installation of a CEMS or PEMS device as part 
of the control plan specified in sec.117.309 and sec.117.409 of this title. 
     
  (3) (No change.) 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 24, 1995. 
 TRD-9510767 
  Lydia Gonzalez-Gromatzky 
 Director, Legal Services Division 
 Texas Natural Resource Conservation Commission 
    Proposed date of adoption: December 20, 1995 
 For further information, please call: (512) 239-1970 
         
             
  Subchapter E. Gas-Fired Steam Generation 
 
  30 TAC sec.117.601 
 
  The amendment is proposed under the Texas Health and Safety Code (Vernon 
1992), the Texas Clean Air Act (TCAA), sec.382.017, which provides the TNRCC 
with the authority to adopt rules consistent with the policy and purposes of the 
TCAA. 
 The proposed amendment implements the Health and Safety Code, sec.382.017. 
 
 
  sec.117.601. Gas-Fired Steam Generation. 
 
  (a) Subsections (b), (c), and (d) of this section shall apply only in the 
Dallas/Fort Worth Air Quality Control Region which consists of Collin, Cooke, 
Dallas, Denton, Ellis, Erath, Fannin, Grayson, Hood, Hunt, Johnson, Kaufman, 
Navarro, Palo Pinto, Parker, Rockwall, Somervell, Tarrant, and Wise counties and 
in the Houston/Galveston Air Quality Control Region which consists of Austin, 
Brazoria, Chambers, Colorado, Fort Bend, Galveston, Harris, Liberty, Matagorda, 
Montgomery, Waller, and Wharton counties. For gas-fired steam generators located 
in applicable ozone nonattainment areas, only the emission limitations of  
s117.105 of this title (relating to Emission Specifications), sec.117.107 of 
this title (relating to Alternative System-Wide Emission Specifications), 
sec.117.205 of this title (relating to Emission Specifications), and sec.117.207 
of this title (relating to Alternative Plant-Wide Emission Specifications) shall 
apply after May 31, <nl>1999<ol> [1997]. 
   
  (b)-(e) (No change.) 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 24, 1995. 
 TRD-9510768 
  Lydia Gonzalez-Gromatzky 
 Director, Legal Services Division 
 Texas Natural Resource Conservation Commission 
    Proposed date of adoption: December 20, 1995 
 For further information, please call: (512) 239-1970 
         
                   
  TITLE 31. NATURAL RESOURCES AND CONSERVATION 
 Part I. General Land Office 
  Chapter 1. Executive Administration 
  
  Vacancies 
 
  31 TAC sec.1.3 
 
  The General Land Office, with the approval of the School Land Board, proposes 
an amendment to sec.1.3, concerning fees and charges which may be collected by 
the School Land Board. 
 As originally adopted in the February 14, 1992, issue of the Texas Register (17 
TexReg 1311), sec.1.3 contains a comprehensive list of all fees to be charged 
and collected by both the General Land Office and the School Land Board, even 
though the School Land Board fees more properly belong in Title 31, Part IV 
(School Land Board). The consolidation of all fees administered by the General 
Land Office into one section has not had the intended result of clarification 
and simplification of the process for the public. The proposed amendment will 
delete sec.1.3(c) (School Land Board Fees and Charges) from Title 31, Part I 
(General Land Office) and, with the adoption of a new  s155.15, the schedule of 
fees will be moved to Title 31, Part IV, with other School Land Board 
administrative rules. 
 Christopher K. Price, Deputy Commissioner, Asset Management Division, Texas 
General Land Office, has determined that for each year of the first five years 
that the rule will be in effect there will be minimal or no fiscal implications 
resulting from administration or enforcement of the rule amendment. No 
additional administrative costs will be incurred as a result of this proposal. 
 Mr. Price also has determined that the public benefit anticipated as a result 
of amending the section will be clarification of charges and fees for coastal 
activities administered by the School Land Board. Mr. Price has determined that 
for each year of the first five years that the proposed amendment is in effect 
there will be no significant increase in economic costs to persons or small 
business for compliance with the rule as proposed. 
 Comments on the proposed amendment may be submitted to Robert Moreland, Texas 
General Land Office, Legal Services Division, 1700 North Congress Avenue, Room 
630, Austin, Texas, 78701-1495 (Fax: (512) 463-6311). Comments must be received 
by 5:00 p.m. on Wednesday, October 4, 1995. 
 The amendment is proposed under the Texas Natural Resources Code, sec.sec.33. 
051, 33.052, 33.063 and 33.064, which authorizes the General Land Office and/or 
School Land Board to adopt procedural and substantive rules necessary to 
administer, implement, and enforce the Coastal Public Lands Management Act of 
1973. 
 The Texas Natural Resources Code, Chapter 33, sec.33.063 is affected by the 
proposed amendment. 
 
 
  sec.1.3. Fees. 
 
  (a)-(b) (No change.) 
   
  [(c) School Land Board fees and charges. The School Land Board is authorized 
and required under the Natural Resources Code, Chapter 33, to collect the fees 
and charges set forth in this subsection where applicable. 
 
  [(1) Definitions. The following words and terms, when used in this subsection, 
shall have the following meanings, unless the context clearly indicates 
otherwise. 
 
  [(A) Adjacent littoral property-The property, specified in the easement 
application as owned by the easement applicant, that is contiguous and borders 
the coastal public land upon which the easement is sought. 
   
  [(B) Appraised market value of adjacent littoral property -Fair market value 
of the unimproved adjacent littoral property. This value is the appraised value 
as determined by the appropriate tax appraisal district unless the School Land 
Board determines that such an appraisal is not reasonable after consultation 
with the appraisers of the General Land Office. 
   
  [(C) Basin-A structure used for commercial or industrial activity that 
consists of the area of the state land encumbered and any fixtures attached 
thereto. This definition includes the construction and maintenance of marinas, 
piers, walkways, docks, dolphins, and wharves and any and all dredged area 
associated therewith. 
   
  [(D) Basin formula-The amount of encumbered state land multiplied by the 
appraised market value of the adjacent littoral property multiplied by the 
submerged land discount multiplied by the return on investment. 
   
  [(E) Channel-an excavated or dredged structure on coastal public lands that 
enhances vessel access to littoral property. This definition applies only to 
commercial and industrial activity and excludes any structure that would be 
included in the definition of fill area or basin. 
   
  [(F) Commercial activity-activity which is designed to enhance or accommodate 
a venture associated with a revenue generating activity. This definition 
excludes industrial activity, but includes residential uses if there is revenue 
generating activity conducted on the premises. 
   
  [(G) Encumbered state land-the amount of state coastal public land encumbered 
by the permitted activity and is expressed in number of square feet. 
   
  [(H) Evaluation fee-a one-time easement evaluation fee assessed upon the 
granting of the initial easement not to exceed 1.5% of the value of the state 
land encumbered. The value of the state land encumbered equals the state land 
encumbered multiplied by the appraised market value of the adjacent littoral 
property multiplied by the submerged land discount. 
   
  [(I) Fill area-a structure, excluding riprap, breakwaters, jetties, and groins 
that permanently and fully encumbers, and entirely displaces the water covering 
the coastal public land. This activity includes the construction and maintenance 
of bulkheads. 
   
  [(J) Fill formula-state land encumbered multiplied by the appraised market 
value of adjacent littoral property multiplied by the return on investment. 
   
  [(K) Homeowners association-an association whose individual members, by virtue 
of holding full and exclusive legal title to the adjacent littoral property area 
specifically defined in an easement application, are entitled, as a group, to 
the privileges of an easement that may be granted by the State of Texas for use 
of adjacent coastal public land. 
   
  [(L) Industrial activity-a use of coastal public land not associated with 
private activity that facilitates and is ancillary to a manufacturing, 
processing, or gathering facility. 
   
  [(M) Industrial activity formula-industrially encumbered state land multiplied 
by the appraised market value of the unimproved adjacent littoral property 
multiplied by the submerged land discount multiplied by the return on 
investment. 
   
  [(N) Industrially encumbered state land-the state coastal public land 
encumbered by industrial activity expressed in square feet as determined by 
General Land Office appraisers after consultation with the user. 
   
  [(O) Mineral interest holder-holder of a state mineral lease who plans to 
dredge on state-owned coastal lands outside the state leasehold tract to obtain 
access to the state leasehold tract. 
   
  [(P) New dredging-dredging which is not under current permit with the General 
Land Office. If the fixed rate schedule is used, the new dredging rate is 
charged for the first year, and the maintenance dredging fee is charged for each 
subsequent year of the easement term. 
   
  [(Q) Public activity-activity which is performed by a public entity, is not 
designed to enhance or accommodate a profit-making venture, and is not 
associated with a revenue generating activity. 
   
  [(R) Public entity-city, county, state agency, board or commission, or any 
other political subdivision of the state. See sec.155.21 of this title (relating 
to Application; Nature of Original Lease; Sublease; Termination). 
   
  [(S) Regional slip occupancy-the percentage of actual marina boat slips rented 
in relation to the total number of commercially available slips in the given 
region as determined by the commissioner of the General Land Office and 
established October 1 of each year for the year following. 
   
  [(T) Residential use: Category I-one single-family residential structure per 
defined lot or parcel of land; both land and improvements are typically under 
the same ownership. 
   
  [(U) Residential use: Category II-multi-family residential units per defined 
lot or parcel of land; land and individual units may be separately owned; 
includes uses by condominium developments and qualified homeowners associations 
acting for and on behalf of owners of a multi-family residential development, 
but does not include time-share developments or any use that includes commercial 
activities. 
   
  [(V) Return on investment-a number used in the basin, fill, and industrial 
activity formulas that reflects a financial return expectation. The return on 
investment rate will be set annually by the School Land Board and will be 
effective at the beginning of each fiscal year. 
   
  [(W) Riprap-concrete block, concrete rubble, brick, sack crete or other 
similar material approved by the General Land Office. 
   
  [(X) Structure-as defined in the Natural Resources Code, sec.33.004. 
   
  [(Y) Submerged land discount-60% discount used in formulas when the easement 
is commercial, 70% discount used in formulas when the easement is industrial. 
     
  [(2) Coastal fees and charges. The School Land Board will charge the following 
coastal lease and coastal easement charges for use of coastal public land, and 
will charge the following structure registration and permit fees. The School 
Land Board charge will be based on either the fixed fee schedule or the 
alternate commercial, industrial, private, and public formulas as delineated in 
subparagraphs (C) and (D) of this paragraph. The greater of the fixed fee or 
formula rate will be charged. 
 
  [(A) Coastal lease charges. The School Land Board may only grant coastal 
leases to certain entities, as prescribed by the Natural Resources Code, 
sec.33.105 and sec.33.109. 
 
  [(i) Private activity: 
 
  [(I) filing fee: $25; 
   
  [(II) annual fee: negotiable/$5.00 minimum. 
     
  [(ii) Commercial activity: 
 
  [(I) filing fee: $50; 
   
  [(II) annual fee: negotiable/$100 minimum. 
     
  [(iii) Public activity: 
 
  [(I) filing fee: $25; 
   
  [(II) annual fee: no charge. 
       
  [(B) Structure registration fee. Structure registration fee is required for 
private piers or docks that are 100 feet long or less and 25 feet wide or less 
and require no dredging or filling, as authorized by the Natural Resources Code, 
sec.33.115. Though School Land Board approval is not required for construction, 
the applicant must register the location of the structure. The registration is 
valid for the life of the structure: 
 
  [(i) filing fee: $25; 
   
  [(ii) annual fee: no charge. 
     
  [(C) Coastal easement fees: 
 
  [(i) fixed fee schedule: 
 
  [(I) piers and docks: 
 
  [(-a-) residential use: Category I-less than or equal to 300 feet in length 
and less than 2,500 square feet in area: 
 
 </vsh> [(1) filing fee: $25; 
 </vsb> </vsec> 
 </vsh> [(-2-) annual fee: no charge; 
 </vsb> </vsec>   
  [(-b-) residential use: Category I-exceeding 300 feet in length and/or larger 
than 2,500 square feet in area: 
 
 </vsh> [(1) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> [(-2-) annual fee: $.10 per square foot for all area exceeding 300 feet 
in length and/or larger than 2,500 square feet in area. The greater of the two 
rates will be charged/$100 minimum; 
 </vsb> </vsec>   
  [(-c-) residential use: Category II: 
 
 </vsh> [(1) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> [(-2-) annual fee: 75% of fee calculated for same use as a commercial 
activity; 
 </vsb> </vsec>   
  [(-d-) commercial: 
 
 </vsh> [(1) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> [(-2-) annual fee: $.20 per square foot/$100 minimum; 
 </vsb> </vsec>     
  [(II) marinas: 
 
  [(-a-) Clear Lake: 
 
 </vsh> [(1) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> [(-2-) annual fee: $4.00 per boat slip linear foot; 
 </vsb> </vsec>   
  [(-b-) residential use: Category II: 
 
 </vsh> [(1) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> [(-2-) annual fee: 75% of fee calculated for same use as a commercial 
activity; 
 </vsb> </vsec>   
  [(-c-) other: 
 
 </vsh> [(1) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> [(-2-) annual fee: $3.00 per boat slip linear foot; 
 </vsb> </vsec>     
  [(III) wharf: 
 
  [(-a-) filing fee: $50; 
   
  [(-b-) annual fee: $.30 per square foot/$100 minimum; 
     
  [(IV) breakwaters, jetties, groins, and riprap: 
 
  [(-a-) residential-Category I: 
 
 </vsh> [(1) filing fee: $25; 
 </vsb> </vsec> 
 </vsh> [(-2-) annual fee: $.03 per square foot/$10 minimum; 
 </vsb> </vsec>   
  [(-b-) residential-Category II: 
 
 </vsh> [(1) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> [(-2-) annual fee: 75% of fee calculated for same use as a commercial 
activity; 
 </vsb> </vsec>   
  [(-c-) commercial activity: 
 
 </vsh> [(1) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> [(-2-) annual fee: $20 per square foot/$100 minimum; 
 </vsb> </vsec>     
  [(V) dredging: 
 
  [(-a-) mineral interest holder: 
 
 </vsh> [(1) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> [(-2-) annual fee: first year fee for new dredging: $.02 per square 
foot/$100 minimum; maintenance dredging after first year of easement: $.005 per 
square foot/$100 minimum; 
 </vsb> </vsec>   
   [(-b-) residential-Category I: 
 
 </vsh> [(1) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> [(-2-) annual fee: 
 </vsb> </vsec> 
 </vsh> [(-a-) first year fee for new dredging: $.03 per square foot/$100 
minimum; 
 </vsb> </vsec> 
 </vsh> (-b-) maintenance dredging after first year of easement: $.005 per 
square foot/$100 minimum; 
 </vsb> </vsec>   
   [(-c-) residential-Category II: 
 
 </vsh> [(1) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> [(-2-) annual fee: 75% of fee calculated for same use as commercial 
activity; 
 </vsb> </vsec>   
   [(-d-) commercial activity: 
 
 </vsh> [(1) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> [(-2-) annual fee: first year fee for new dredging: $.05 per square 
foot/$100 minimum; maintenance dredging after first year of easement: $.01 per 
square foot/$100 minimum; 
 </vsb> </vsec>       
  [(ii) alternate commercial, industrial, private, and public rate formulas: 
 
  [(I) channel: commercial activity: 
 
  [(-a-) filing fee: $50; 
   
  [(-b-) annual fee: commercial basin formula, or, if channel does not provide 
access for marina, basin formula; 
   
  [(-c-) evaluation fee: as defined; 
     
  [(II) basin: commercial and industrial activity: 
 
  [(-a-) industrial activity: 
 
 </vsh> [(1) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> [(-2-) annual fee: industrial activity formula; 
 </vsb> </vsec> 
 </vsh> [(-3-) evaluation fee: as defined; 
 </vsb> </vsec>   
  [(-b-) commercial activity: 
 
 </vsh> [(1) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> [(-2-) annual fee: basin formula; 
 </vsb> </vsec> 
 </vsh> [(-3-) evaluation fee: as defined; 
 </vsb> </vsec>     
  [(III) fill area: all activity: 
 
  [(-a-) private activity/public activity; 
 
 </vsh> [(1) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> [(-2-) annual fee: $.10 per square foot or fill formula, whichever is 
greater/$25 minimum; 
 </vsb> </vsec> 
 </vsh> [(-3-) evaluation fee: as defined; 
 </vsb> </vsec>   
     [(-b-)  commercial/industrial: 
 
 </vsh> [(1) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> [(-2-) annual fee: $.20 per square foot, $100 minimum, or fill formula; 
 </vsb> </vsec> 
 </vsh> [(-3-) evaluation fee: as defined. 
 </vsb> </vsec>         
  [(D) Structure permits: 
 
  [(i) fees: 
 
  [(I) refundable deposit: $200; 
   
  [(II) annual fee for all structures excluding piers, docks, and walkways will 
be calculated at $.60 per square foot per year; 
   
  [(III) contract renewal: $175; 
   
  [(IV) new contract issuance: $325; 
   
  [(V) late payment penalty: 25% of past due amount; 
   
  [(VI) minimum annual payment: $175; 
     
  [(ii) term: not to exceed five years; 
   
  [(iii) permittee may apply for a continuation of the previous fee if the 
permit was issued prior to July 18, 1983 (the date of the initial rate 
increase), and if the annual fee will impose an undue financial hardship on a 
current permit holder. 
     
  [(E) Term. The term for all coastal leases and coastal easements not 
previously specified is negotiable. School Land Board approval is required prior 
to construction. 
   
  [(F) Rental adjustments. 
 
  [(i) Methods. 
 
  [(I) Fill area and basin. At every five-year interval in the term of the 
easement, the rental fees determined by either the basin formula, industrial 
activity formula, or fill formula will be adjusted by redetermining the 
appraised market value of the adjacent littoral property. The rental payment 
will be determined by the applicable rate formula used in determining the 
original rate. 
   
  [(II) Channel. 
 
  [(-a-) Five-year adjustment. At every five-year interval in the term of a 
channel easement, the rental fee for the easement will be adjusted. If the basin 
formula was used to determine the original easement fee, the fee will be 
adjusted by redetermining the appraised market value of the adjacent littoral 
property, and inserting the new value into the basin formula. If the channel 
density formula was used to determine the original easement fee, the fee will be 
adjusted by redetermination of the average regional slip rate and the regional 
slip occupancy, effective on the date of the readjustment, and recomputation of 
the channel density formula with the new values and the channel maintenance 
discount. 
   
  [(-b-) Channel maintenance discount. The first year fee for channel easements, 
determined by either the channel density formula or the basin formula, will be 
100% of the value determined by the applicable formula and for the second and 
all subsequent years of the easement, the rental fee will be 75% of the value 
determined by the applicable formula including any readjustments. 
       
  [(ii) Minimum and maximum adjustment. All rental adjustments determined by 
reappraisal of the adjacent littoral property can increase by no more than 40% 
of the previous five years' rental nor by less than 20% of the previous five 
years' rental. This subsection is subject to School Land Board's discretionary 
authority. 
     
  [(G) Discretionary authority. The School Land Board may reduce or waive any 
fee set forth herein if such action would be in the best interest of the 
permanent school fund as determined by the School Land Board. 
   
  [(H) Implementation. 
 
  [(i) New residential developments. Upon the application for an easement 
associated with the development of a multi-unit or single-family residential 
project, the easement application will be processed and fee determined according 
to the appropriate commercial activity rate. Upon the sale of an individual 
residential unit associated with the easement, with sufficient infrastructure in 
place to convert use of the unit to private use (and use of associated easement 
to private activity), the original easement applicant, upon agreement with the 
commissioner of the General Land Office, may pay a conversion fee not to exceed 
5.0% of the appraised market value of the unit and have the easement fee reduced 
by the percentage that the sold unit represented to the total number of units 
associated with the easement. At the time the conversion fee is paid under the 
provisions herein, the unit will then be considered to be subject to the private 
activity rates upon renewal of the easement. For units already sold prior to the 
effective date of this section, conversion to a private activity rate will be 
granted without the payment of the conversion fee. 
   
  [(ii) Additional terms. The commissioner of the General Land Office may 
require, as a condition for the granting of an easement set forth in this 
section, such additional terms that he feels are necessary to secure performance 
under any such easement.] 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 28, 1995. 
 TRD-9510882 
  Garry Mauro 
 Commissioner 
 General Land Office 
    Earliest possible date of adoption: October 6, 1995 
 For further information, please call: (512) 305-9129 
         
                     Chapter 17. Hearing Procedures 
  
  31 TAC sec.17.7 
 
  The General Land Office (GLO) proposes an amendment to  s17.7, concerning 
administrative penalties for placement of unauthorized structures on state land, 
pursuant to Texas Natural Resource Code, sec.51.302 and sec.51. 3021. The 
proposed amendment is intended to standardize penalties for similar violations 
of the statutes relative to the placement of structures on state land and to 
provide alternative procedures for resolution of issues concerning such 
structures. 
 Amended sec.17.7(a) provides criteria to be taken into account by the 
commissioner of the GLO (commissioner) when determining the appropriate penalty 
to be assessed under sec.51.302 and sec.51.3021. It further provides for the 
development of a schedule of minimum penalties to be assessed by the 
commissioner for routine, non-aggravated violations of relevant statutes. 
Section 17.7(d) is amended to specifically provide an opportunity to informally 
resolve issues concerning unauthorized structures or to bring them into 
compliance with statutory requirements. Subsequent sections are renumbered as 
appropriate and minor changes were made to clarify procedures relating to the 
hearings process for formal resolution of issues relative to unauthorized 
structures. 
 Christopher K. Price, Deputy Commissioner for Asset Management, Texas General 
Land Office, has determined that for each year of the first five years that the 
proposed amendment is in effect the fiscal implications to state government as a 
result of enforcing or administering the amended sections will be a nominal 
increase in revenues from penalties. It is anticipated that the majority of the 
matters coming before the commissioner under this rule will be resolved through 
the informal resolution process. Mr. Price has determined that for each year of 
the first five years that the proposed new rule is in effect there will be no 
fiscal implications for local governments. 
 Mr. Price also has determined that for each year of the first five years that 
the proposed new rule is in effect the benefit to the public will be the 
enhanced administrative flexibility of the commissioner to determine the 
appropriate terms and conditions for bringing unauthorized uses of state land 
into compliance with applicable statutes. Mr. Price believes that the benefit of 
this enhanced flexibility to serve the public interest will outweigh the impact 
of any increased penalty revenue. No effect on small businesses is expected to 
result from adoption of the proposed amendments unless a small business includes 
the use of an unauthorized structure. Mr. Price has determined that for each 
year of the first five years that the proposed amendment is in effect there will 
be no significant economic costs to persons for compliance with the rule as 
proposed. 
 Persons wishing to comment on the proposed amendments may submit comments to 
Robert Moreland, Texas General Land Office, Legal Services Division, 1700 North 
Congress Avenue, Room 630, Austin, Texas, 78701-1495 (FAX: (512) 463-6311). In 
order to be considered, comments must be received by 5:00 p.m. on Wednesday, 
October 4, 1995. 
 The amendment is proposed under the Texas Natural Resources Code, sec.51.014, 
which provides that the commissioner may adopt rules necessary to carry out the 
provisions of the chapter, concerning land, timber, and surface resources. 
 The Texas Natural Resources Code, Chapters 33 and 51, will be affected by the 
proposed rule. 
 
 
  sec.17.7. Initiation of General Land Office Action. 
 
  (a) The commissioner may recover a penalty of not less than $50 or more than 
$1,000 for each day that a person constructs, owns, operates, possesses, or 
exercises control over an unauthorized structure or facility on state land. 
 
  <nl>(1) In determining penalties to be assessed under the provisions of Texas 
Natural Resources Code,  s51.302 and sec.51.3021, in performing duties and 
responsibilities imposed under Texas Natural Resources Code, Chapters 33 and 51, 
the commissioner shall consider: 
 
  <nl>(A) the seriousness of the violation, including the nature, circumstances, 
extent, and gravity of the violation and the hazard and damage, including damage 
to natural resources, caused thereby; 
   
  <nl>(B) the degree of cooperation of the owner and operator once that person 
was given notice of the violation; 
   
  <nl>(C) the degree of culpability and the history of previous violations by 
the owner or operator; 
   
  <nl>(D) the amount necessary to deter future violations; and 
   
  <nl>(E) any other matter relevant to a fair and just result. 
     
  <nl>(2) Penalties shall be assessed, in the discretion of the commissioner, 
when any violation of Texas Natural Resources Code  s51.302 (concerning 
Prohibition and Penalty) and sec.51.3021 (concerning Removal of a facility or 
Structure by commissioner) occurs. The amount of the minimum penalty assessed 
shall be according to a penalty schedule, approved by the commissioner with the 
concurrence of the School Land Board, and available for public inspection and 
review. The commissioner retains the right to assess any penalty amount 
depending upon the particular circumstances of the matter and in accordance with 
this subsection. 
   
  <nl>(3) Prior to a final order of the commissioner assessing a penalty or 
ordering the removal of an unauthorized facility or structure, the owner or 
operator shall be entitled to a hearing. The hearing shall be conducted in 
accordance with the provisions of Texas Government Code, Administrative 
Procedure Act,  ssec.2001.001 et seq. 
     
  (b) (No change.) 
   
  (c) An owner or operator <nl>is any person who constructs, maintains, owns, or 
possesses the facility or structure and also includes, in the case<ol> of an 
abandoned facility or structure [includes, for purposes of this chapter], the 
person who last owned, possessed, constructed, operated, or exercised control 
over the facility or structure. 
   
  (d) <nl>At the discretion of the commissioner, before <ol> [Before] <nl>any 
formal action is taken<ol> [the commissioner] <nl>to impose <ol> [imposes] a 
penalty and/or <nl>remove<ol> [removes] a structure under the <nl>provisions 
of<ol> Texas Natural Resources Code,  s51.302 and sec.51.3021, the <nl>owner or 
operator of the structure may be notified that the structure is not in 
compliance with applicable statutory requirements and may be given a reasonable 
period of time to bring the structure into compliance.<ol> [deputy commissioner 
shall give written notice to the owner or operator of the structure of facility 
and any lienholders stating: 
 
  [(1) the specific facility or structure that is not authorized by a proper 
easement, lease, permit, or other instrument from the state required by the 
Texas Natural Resources Code or that threatens public health, safety, or 
welfare; 
   
  [(2) the nature of the threat, if alleged, to public health, safety, or 
welfare; 
   
  [(3) that the owner or operator of the facility or structure shall remove the 
facility or structure: 
 
  [(A) not later than the 30th day after the date on which the notice is served, 
if the facility or structure is on state land and not authorized by a proper 
lease, easement, permit, or other instrument required by the Texas Natural 
Resources Code; or 
   
  [(B) within a reasonable time specified by the deputy commissioner if the 
facility or structure is an imminent and unreasonable threat to public health, 
safety, or welfare; 
     
  [(4) the penalty owed to the state for the unauthorized use of state property 
under the Code, sec.51.302(b), if any; 
   
  [(5) that failure to remove the facility or structure may result in further 
liability for a penalty under the Code, sec.51.302(b), in an amount specified, 
removal by the commissioner, and liability for the costs of removal, or both; 
and 
   
  [(6) that the owner or operator, lienholder, or interested party of the 
facility or structure may submit, not later than the 30th day after the date on 
which the notice is served, written request for a hearing.] 
     
  (e) <nl>To initiate formal action to impose a penalty and/or remove a 
structure under the provisions of Texas Natural Resources Code, sec.51.302 and 
sec.51.3021, the deputy commissioner shall give written notice to the owner or 
operator of the structure or facility stating<ol> [The notice required by 
subsection (d) of this section must be given]: 
 
  (1) <nl>the specific facility or structure that is not authorized by a proper 
easement, lease, permit, or other instrument from the state required by the 
Texas Natural Resources Code or that threatens the public health, safety, or 
welfare; [to the owner or operator:] 
 
  [(A) by service in person or by registered or certified mail, return receipt 
requested; or 
   
  [(B) if personal service cannot be obtained or the address of the owner or 
operator responsible is unknown, by posting a copy of the notice on the facility 
or structure and by publishing notice in a newspaper with general circulation in 
the county in which the facility or structure is located two times within ten 
consecutive days;] 
     
  (2) <nl>the nature of the threat, if alleged, to public health, safety, or 
welfare;<ol> [to the lienholders by registered or certified mail, return receipt 
requested.] 
   
  <nl>(3) that the owner or operator of the facility or structure shall remove 
the facility or structure: 
 
  <nl>(A) not later than the 30th day after the date on which the notice is 
served, if the facility or structure is on state land and not authorized by a 
proper lease, easement, permit, or other instrument required by the Texas 
Natural Resources Code; or 
   
  <nl>(B) within a reasonable time specified by the deputy commissioner if the 
facility or structure is an imminent and unreasonable threat to public health, 
safety, or welfare; 
     
  <nl>(4) that failure to remove the facility or structure may result in 
liability for a penalty under Texas Natural Resources Code, sec.51.302(b), in an 
amount specified, removal by the commissioner and liability for the costs of 
removal, attachment of a lien to the adjacent littoral property to secure 
payment of the penalty and costs of removal, or any combination of such 
remedies; 
   
  <nl>(5) that the owner or operator, of the facility or structure may submit, 
not later than the 30th day after the date on which the notice is served, 
written request for a hearing by serving written notice of such request to: 
Administrative Hearings Clerk, Texas General Land Office, 1700 North Congress 
Avenue, Room 630, Austin, Texas 78701-1495. 
     
  <nl>(f) The notice required by subsection (e) of this section must be given to 
the owner or operator: 
 
  <nl>(1) by service in person or by registered or certified mail, return 
receipt requested; or 
   
  <nl>(2) if personal service cannot be obtained or the address of the owner or 
operator responsible is unknown, by posting a copy of the notice on the facility 
or structure and by publishing notice in a newspaper with general circulation in 
the county in which the facility or structure is located two times within ten 
consecutive days. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 28, 1995. 
 TRD-9510883 
  Garry Mauro 
 Commissioner 
 General Land Office 
    Earliest possible date of adoption: October 6, 1995 
 For further information, please call: (512) 305-9129 
         
                 Part IV. School Land Board 
  Chapter 155. Land Resources 
  
  Coastal Public Lands 
 
  31 TAC sec.155.1 
 
  The School Land Board (SLB) proposes an amendment to sec.155.1, concerning 
general provisions governing coastal public lands. The amendment to sec.155.1(b) 
(2) is proposed to provide for the approval by the SLB of a general coastal 
easement, and minor editorial changes have been made to sec.155.1(c)(4) and (9). 
 Subsection (b)(2)(A) and (B) is added to provide for SLB approval of a general 
coastal easement for projects with minor or negligible impacts to coastal 
natural resources and to evidence approval of individual projects by a letter of 
authorization issued in the manner provided in sec.155.3 of this title (relating 
to Coastal Easements). Section 155.1(b)(2)(C) is added to provide that letters 
of authorization may contain such special conditions as the SLB may determine 
necessary or appropriate to protect the natural resources. 
 Subsection (c)(4) and (9) is amended to clarify the definitions and the 
activities described. In sec.155.1(c)(4), the defined term is changed to the 
more general "dredging" which is thought to include the terms "channel or 
channelization" formerly used for purposes of this definition. 
 Christopher K. Price, Deputy Commissioner, Asset Management Division, Texas 
General Land Office, has determined that for the first five-year period the rule 
is in effect there will be no fiscal implications for state or local government 
resulting from administration of the rule. Reduced administrative costs are 
expected as a result of this proposal. 
 Mr. Price also has determined that for each of the first five years the rule is 
in effect the public benefits anticipated as a result of the proposed amendment 
will be efficient project review, elimination of processing delays, and better 
protection of state coastal natural resources. Mr. Price has determined that 
there will be no significant increase in costs to persons required to comply 
with the rule. Mr. Price has determined that there will be no effect on small 
businesses resulting from adoption of the proposed amended rule. 
 Comments on the proposed amendment may be submitted to Robert Moreland, Texas 
General Land Office, Legal Services Division, 1700 North Congress Avenue, Room 
630, Austin, Texas, 78701-1495 (Fax: (512) 463-6311). In order to be considered, 
comments must be received by 5:00 p.m. on Wednesday, October 4, 1995. 
 The amendment is proposed under the Texas Natural Resources Code, sec.33.064, 
which authorizes the SLB to adopt rules necessary to administer Texas Natural 
Resources Code, Chapter 33. 
 The Texas Natural Resources Code, sec.33.111, is affected by the proposed 
amendment. 
 
 
  sec.155.1. General Provisions. 
 
  (a) (No change.) 
   
  (b) Scope of rules. These rules set forth the practice and procedure for 
administration by the board in granting a lease, easement, permit, and the 
registration of a structure on coastal public lands. All grants of interest are 
subject to these rules and regulations. The board may grant the following 
interest in coastal public lands for the indicated purposes: 
 
  (1) (No change.) 
   
  (2) easements for purposes connected with ownership of littoral 
property<nl>:<ol> [;] 
 
  <nl>(A) a general coastal easement may be approved by the board under which 
projects with minor or negligible natural resource impacts may be authorized; 
   
  <nl>(B) approval or authorization of minor projects provided above may be 
evidenced by the issuance of a letter of authorization by the board or the 
commissioner in the manner provided in sec.155.3 of this title (relating to 
Easements); 
   
  <nl>(C) general coastal easements and letters of authorization may contain 
special conditions determined by the board to be necessary or appropriate to 
protect natural resources; 
     
  (3)-(4) (No change.) 
     
  (c) Definitions. The following words and terms, when used in this chapter, 
shall have the following meanings, unless the context clearly indicates 
otherwise. 
 
  (1)-(3) (No change.) 
   
  [(4) Channel or channelization-The moving of soil, sand, gravel, shell, or 
other materials from its natural setting by dredging and thereby, artificially 
altering the water depth for navigation purposes.] 
   
  <nl>(4)<ol>[(5)] Coastal area -Refers to the geographic area comprising all 
the counties of Texas having any tidewater shoreline including that portion of 
the bed and waters of the Gulf of Mexico within the jurisdiction of the State of 
Texas. 
   
  <nl>(5)<ol>[(6)] Coastal public lands-All or any portion of the state-owned 
submerged lands, the waters overlying those lands, and all state-owned islands 
in coastal area. 
   
  <nl>(6)<ol>[(7)] Commercial structure -Any structure located on coastal public 
lands which is used directly for the sale of goods, wares, services on or 
property of any kind and includes any structure on coastal public lands adjacent 
to littoral property used commercially when said structure is used in 
conjunction with adjacent littoral commercial property. 
   
  <nl>(7)<ol>[(8)] Commissioner-The commissioner of the General Land Office. 
   
  <nl>(8)<ol>[(9)] Dredged material disposal-The deposition of sand, gravel, 
shell, or other material <nl>generated by a dredging activity <ol> [obtained 
from channelization] onto coastal public lands. 
   
  <nl>(9) Dredging-The moving of soil, sand, gravel, shell or other materials 
from its natural setting and thereby artificially altering the water depth, 
e.g., channels, basins, etc. 
   
  (10)-(21)<ol>(No change.) 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 28, 1995. 
 TRD-9510884 
  Garry Mauro 
 Chair 
 School Land Board 
    Earliest possible date of adoption: October 6, 1995 
 For further information, please call: (512) 305-9129 
         
             
  31 TAC sec.155.3 
 
  The School Land Board (SLB) proposes an amendment to sec.155.3, relating to 
the granting of easements on coastal public lands. Section 155.3(f) is being 
amended to increase the scope of authority delegated to the commissioner of the 
General Land Office (GLO), or a staff member designated by him, to act on an 
application for an easement without a meeting of the SLB under certain specified 
conditions. Section 155.3(g) is being amended to clarify and update the criteria 
for decisions relative to the placement of various structures on coastal public 
lands. The changes are intended to focus the evaluation of an application for a 
coastal easement on impacts or potential impacts to the coastal natural 
resources. The rule is also being amended to reflect the provision relating to 
letters of authorization being proposed concurrently by an amendment to 
sec.155.1 of this title (relating generally to coastal public lands). Other 
minor editorial changes are proposed to update and correct the name of the Texas 
Department of Transportation and to capitalize the name of the Department of the 
Army Corps of Engineers. 
 Section 155.3(f) lists the conditions under which decisions regarding 
applications for coastal easements may be made by the commissioner or a 
designated staff member. Without a meeting of the SLB, the commissioner, or a 
designated staff member, may approve, disapprove, or approve with special 
conditions, an application for a coastal easement which requires the payment of 
annual fees that do not exceed $600, which proposes no new dredging or filling, 
and to which there are written objections. 
 Christopher K. Price, Deputy Commissioner for Asset Management, Texas General 
Land Office, has determined that for the first five-year period the rule is in 
effect there will be no fiscal implications for state or local government as a 
result of enforcing or administering the amended rule. 
 Mr. Price also has determined that for each year of the first five years the 
rule is in effect the public benefits anticipated as a result of this amendment 
will be more efficient government and better protection of state coastal natural 
resources. Mr. Price has also determined that there will be no increased 
economic cost to persons required to comply with the rule, and that there will 
be no adverse effect on small business resulting from adoption of the proposed 
amendment. 
 Comments on the proposed amendment may be submitted to Robert Moreland, Texas 
General Land Office, Legal Services Division, 1700 North Congress Avenue, Room 
630, Austin, Texas, 78701-1495 (Fax: (512) 463-6311). In order to be considered, 
comments must be received by 5:00 p.m. on Wednesday, October 4, 1995. 
 The amendment is proposed under the Texas Natural Resources Code, Chapter 33, 
sec.33.064, which authorizes the SLB to adopt procedural and substantive rules 
necessary for the management of coastal public land. 
 The Texas Natural Resources Code, sec.33.111, is affected by the proposed 
amendment. 
 
 
  sec.155.3. Easements. 
 
  (a)-(c) (No change.) 
   
  (d) Texas Department of [Highways and Public] Transportation. The board may 
grant an easement according to these rules to the Texas Department of [Highways 
and Public] Transportation; however, each such easement will be negotiated on a 
case-by-case basis. 
   
  (e) (No change.) 
   
  (f) Consideration of application. 
 
  (1) Upon receipt of an application form and additional information 
<nl>requested<ol> [considered necessary] by the board, the board may circulate 
it for review and comment to any member agency of the interagency council on 
Natural Resources and the Environment. 
   
  (2) If a <nl>Department<ol> [department] of the Army Corps of Engineers permit 
is required for the proposed work, the board may postpone a decision on the 
easement application pending receipt of comments on the work depicted in the 
Corps of Engineers public notice. 
   
  (3) Unless otherwise authorized by these sections, the board will hold a 
meeting to evaluate, consider, and hear testimony on an application. Upon 
receipt of <nl>an<ol> [any] application <nl>and all requested<ol> information, 
the board may issue, deny, or issue with qualifications, an easement contract. 
   
  (4) The <nl>decision on an <ol> application <nl>for <ol> [decision concerning] 
an easement <nl>which requires the payment of fees that do<ol> [whose fee does] 
not exceed <nl>$600<ol> [$200] per year, which <nl>proposes<ol> [requires] no 
<nl>new<ol> dredging or filling, and to which there are no written 
<nl>objections, and in which there is no commercial/industrial activity,<ol> may 
be made by the commissioner or any staff member he designates without a meeting 
of the board. 
   
  (5) Upon receipt of all necessary application information, the board<nl>,<ol> 
[or] the commissioner, <nl>or a staff member designated<ol> under paragraph (4) 
of this subsection, may issue, deny, or issue with qualifications, an easement 
contract. 
     
  (g) Criteria for decision. [The board will review and consider] <nl>An<ol> 
[an] application for an easement on coastal public lands <nl>will be 
reviewed<ol> to insure conformity with the policies, practices, and procedures 
in these rules<nl>.<ol> [and regulations and will evaluate a project] 
<nl>Project proposals<ol> [proposal]  <nl>will be evaluated<ol> in accordance 
with the following [project activity] guidelines: 
 
  (1) <nl>Adverse impacts to coastal natural resources must be avoided to the 
extent practicable and minimized where unavoidable. Applicants may be required 
to provide appropriate mitigation for those impacts which are unavoidable[Dock, 
pier, and wharf]. 
 
  [(A) A dock, pier, or wharf should be constructed in a manner which does not 
constrict water flow and circulation. 
   
  [(B) The size and extension of the structure should be limited to that 
required for the intended use. 
   
  [(C) A dock, pier, or wharf should not unduly restrict navigation or public 
use of the waters. 
   
  [(D) A subdivision, motel, or multiple dwelling is encouraged to develop a 
single joint use moorage facility. 
   
  [(E) A project proposal should include facilities for the proper handling of 
waste, refuse, and petroleum products where applicable, as required by the Texas 
Water Quality Board. 
   
  [(F) The use of a pier, dock, or wharf in preference to a channel will be 
encouraged wherever practical. 
   
  [(G) The use of a pier or catwalk will be encouraged in preference to solid 
fills to provide needed access across biologically productive shallows and 
marshes to navigable water.] 
     
  (2) <nl>Docks and piers <ol> [Channel, boat, or ship basin]. 
 
  (A) <nl>Piers and docks will be limited to the minimum size necessary to serve 
the purpose of the project and will be constructed in a manner that does not 
interfere with navigation or other authorized uses<ol> [To the extent feasible, 
project plans should utilize piers or catwalks to reach deeper water areas 
rather than channels or canals]. 
   
  (B) <nl>Piers and docks will be designed and constructed in a manner that 
avoids existing marshes, oyster reefs, seagrass vegetation or shallow water 
capable of supporting these habitats to the extent practicable. Impacts to 
sensitive habitats that cannot be avoided will be minimized to the extent 
practicable<ol> [A channel or basin should be designed to insure adequate 
flushing and to prevent the creation of pockets or other hydraulic condition 
which would cause stagnant water pockets]. 
   
  (C) <nl>When constructed for private/residential use, only one pier, with 
normal appurtenances, may extend from each defined parcel of littoral property. 
Pier shall extend perpendicular from a point on the shoreline which is not less 
than ten feet from the adjacent littoral owner's property line, unless such a 
design would obstruct navigation or would unreasonably interfere with an 
adjoining littoral property owner's use of the waterfront <ol> [Dredging for 
navigational access should be well planned to prevent an unnecessary channel. 
Where several land owners are to be served by a project, peripheral canals 
leading to a central navigational channel should be considered rather than 
separate access channels for each waterfront landowner]. 
   
  [(D) The alignment of a channel or canal should make maximum use of a natural 
or existing channel. Design and alignment should minimize disruption of natural 
sheetflow, water flow, and drainage systems. 
   
  [(E) Alignment of a channel or canal should avoid oyster reefs and highly 
productive wetland areas. 
   
  [(F) A channel proposed to be dredged through highly productive coastal public 
lands is discouraged and will be approved only in unusual circumstances. 
   
  [(G) Dreding should be conducted in a manner that minimizes turbidity and 
dispersal of dredged material.] 
     
  (3) Dredged <nl>areas<ol> [material disposal areas]. 
 
  (A) <nl>Propwashing is an unacceptable method of dredging and will not be 
approved <ol> [To the extent possible, all dredged material should be placed on 
suitable uplands above mean high water]. 
   
  (B) <nl>Projects are to be designed and constructed to the minimum size 
necessary to serve the project purpose. Joint use of access channels by multiple 
littoral property owners is to be preferred to individual channels and will be 
encouraged<ol> [A disposal area should be located in a relatively low production 
area above the mean high water line]. 
   
  (C) <nl>Extension of piers into deeper water is preferred to the dredging of 
access channels or basins whenever practical<ol> [Any toxic material should be 
disposed of in an upland area behind impervious dikes unless detoxification is 
undertaken]. 
   
  (D) <nl>A channel or basin should be designed to insure adequate flushing and 
to prevent the creation of pockets or other conditions which would cause 
stagnant water pockets<ol> [Open water and deep water disposal should be 
considered as an alternative only if upland alternatives are not feasible. Open 
and deep water disposal sites, however, should be seriously considered only 
after careful consultation with concerned agencies]. 
   
  (E) <nl>The alignment of a channel or canal should make maximum use of a 
natural or existing channel. Design and alignment should minimize disruption of 
natural sheetflow, water flow, and drainage systems<ol> [Consideration of 
habitat creation and improvement should be made when only minor environmental 
damage results]. 
   
  <nl>(F) A channel proposed to be dredged through highly productive coastal 
public lands is discouraged and will be approved only in unusual circumstances. 
   
  <nl>(G) Dredging should be conducted in a manner that minimizes turbidity and 
dispersal of dredged material. 
     
  (4) <nl>Dredged material disposal area<ol> [Jetty, groin, and breakwater]. 
 
  (A) <nl>To the extent possible, all dredged material should be placed on and 
contained within suitable upland sites of relatively low productivity above mean 
high water<ol> [A plan for construction of a jetty, groin, or breakwater should 
be analyzed to insure that the structure does not create adverse sediment 
transportation patterns that induce erosion or undesirable shoaling in adjacent 
areas]. 
   
  (B) <nl>Any toxic material shall be disposed of in an upland area behind 
impervious dikes unless detoxification is undertaken<ol> [In addition to adverse 
physical effects, care must be taken that a jetty or groin does not unduly 
interfere with public use]. 
   
  <nl>(C) Open water and deep water disposal should be considered as an 
alternative only if upland alternatives are not feasible. Open and deep water 
disposal sites, however, should be seriously considered only after careful 
consultation with concerned agencies. 
   
  <nl>(D) Consideration of habitat creation and improvement should be made when 
only minor environmental damage results. 
     
  (5) <nl>Jetty, groin, and breakwater<ol> [Bulkhead and seawall]. 
 
  (A) <nl>No new groins will be authorized except under the most compelling 
circumstances upon request by a city, county, or other public entity for a 
public purpose<ol> [Except in special circumstances, a bulkhead or seawall 
should be located no further seaward than the mean of the high water line, and 
designed so that reflected wave energy does not destroy stable marine bottom or 
constitute a safety hazard]. 
   
  (B) <nl>Plans for construction of a jetty, groin, or breakwater must be 
analyzed to insure that the structure does not create adverse sediment 
transportation patterns that induce erosion or undesirable shoaling in adjacent 
areas<ol> [Where possible, sloping riprapping should be used rather than a 
vertical seawall or bulkhead]. 
   
  (C) <nl>In addition to adverse physical effects, care must be taken that a 
jetty, groin, or breakwater does not unduly interfere with public use<ol> 
[Bulkhead construction should avoid hard angle turns that may collect trash or 
cause a shoaling or flushing problem]. 
   
  [(D) An application for the construction of a bulkhead on a significant 
coastal public marsh or grassflat, where such will lead to the destruction of 
this resource, will normally be denied. To avoid this, extreme care should be 
taken as to the location and type of construction planned for bulkheads in a 
wetland area.] 
     
  (6) <nl>Shoreline stabilization projects<ol> [Marina]. 
 
  (A) <nl>Vegetative cover is the preferred method of shoreline stabilization 
and shall be used where its use is practical. Impacts to sensitive habitat will 
be avoided whenever possible and minimized and mitigated when unavoidable<ol> [A 
marina should be located in an area where maximum physical advantages exist and 
where least dreding and maintenance will be required]. 
   
  (B) <nl>Riprap is an acceptable method of shoreline stabilization if composed 
of interlocking brick, rock large enough not to be displaced by storms, or 
concrete rubble which is free of protruding rebar. Where possible, sloping 
riprapping should be used rather than a vertical seawall or bulkhead. Riprap 
material may extend seaward from the shoreline only as far as required to 
protect the shoreline <ol> [Plans for a marina should minimize the disruption of 
currents and the need for excavation of the shore area]. 
   
  (C) <nl>The use of tires, automobile bodies or parts, appliances, trash and 
other unconsolidated material is not acceptable and shall not be approved<ol> 
[Open dockage extending to deep water should be considered as an alternative to 
dredging for navigational access where feasible]. 
   
  (D) <nl>Except in special circumstances, a bulkhead or seawall should be 
located no further seaward than the mean of the high water line, and designed so 
that reflected wave energy does not destroy stable marine bottom or constitute a 
safety hazard <ol> [A turning basin or navigation channel should be designed to 
prevent long-term degradation of water quality. A dead end or deep canal without 
adequate flushing should be avoided]. 
   
  (E) <nl>An application for the construction of a bulkhead on a significant 
coastal public marsh or grassflat, where such will lead to the destruction of 
this resource, will normally be denied. To avoid this, extreme care should be 
taken as to the location and type of construction planned for bulkheads in a 
wetland area<ol> [Each marina shall provide adequate facilities to its users for 
the reception of waste and/or garbage. Failure to insure that the users of a 
marina have access to facilities necessary for the proper and lawful disposal of 
waste and/or garbage on an ongoing basis shall subject both the easement to 
termination and the easement holder to any applicable civil and criminal 
penalties]. 
     
  (7) <nl>Marinas<ol> [Landfill]. 
 
  (A) <nl>Marinas should be located in areas where maximum physical advantages 
exist and where the least dredging and maintenance will be required. Plans for a 
marina should minimize the disruption of currents and the need for excavation of 
the shore area. Dead end or deep canals without adequate flushing should be 
avoided<ol> [A landfill proposed in marshes and submerged grass bed areas 
normally will be denied. Consideration will only be given to a landfill proposal 
for a water dependent use or public use on relatively unproductive coastal 
public lands]. 
   
  (B) <nl>Each marina shall provide adequate facilities to its users for the 
reception of waste and/or garbage. Failure to insure that the users of a marina 
have access to facilities necessary for the proper and lawful disposal of waste 
and/or garbage on an ongoing basis may subject the easement to termination and 
the easement holder to any applicable civil and criminal penalties <ol> [A 
shoreline fill should be designed and located so that significant damage to 
existing ecological values or natural resources, or alternation of natural 
currents will not occur]. 
   
  [(C) The perimeter of fills should be provided with vegetation, retaining 
walls, riprap, or other mechanisms for erosion prevention. 
   
  [(D) Fill material should be of such quality that it will not cause water 
quality degradation. Submerged land should not be considered for a sanitary 
landfill or the disposal of solid waste.] 
     
  <nl>(8) Landfills. 
 
  <nl>(A) Landfills proposed in marshes and submerged grass bed areas normally 
will be denied. Consideration will be given to a landfill proposal for a water 
dependent use or public use on relatively unproductive coastal public lands. 
   
  <nl>(B) A shoreline fill should be designed and located so that significant 
damage to existing ecological values or natural resources, or alternation of 
natural currents will not occur. 
   
  <nl>(C) The perimeter of fills should be provided with vegetation, retaining 
walls, riprap, or other mechanisms for erosion prevention. 
   
  <nl>(D) Fill material should be of such quality that it will not cause water 
quality degradation. Submerged land should not be considered for a sanitary 
landfill or the disposal of solid waste. 
       
  (h) Consideration of application <nl>by mineral interest holder<ol>. The board 
will review and consider an application for a channel easement to a mineral 
interest holder on coastal public lands to insure conformity with the policies, 
practices, and procedures in these rules and regulations. Environmental 
recommendations for certain development and production activities will be 
provided to the mineral interest holder on bay tracts and certain other tracts 
in the notice of bids booklet published by the General Land Office. Updates of 
these recommendations will be furnished on request. Development activities 
conforming with these environmental recommendations normally will receive 
favorable consideration by the General Land Office. 
   
  (i) <nl>Approval<ol> [Application] criteria. An easement, if granted by the 
board, will be <nl>approved<ol> subject to these rules [and regulations] in 
addition to <nl>such terms and conditions<ol> [those] as may be prescribed in 
the contractual agreement. The board may waive a rule at its discretion. All 
structures on coastal public lands will be subject to inspection at any time by 
the board or their authorized representatives. Any easement contract will be for 
a specific purpose. If a change in the contractual agreement is desired, an 
amendment application should be filed [with the board]. An applicant<nl>,<ol> by 
accepting an easement to occupy or otherwise place a structure on coastal public 
lands or water surface areas<nl>,<ol> agrees and consents to comply with and be 
bound by the following additional terms and conditions: 
 
  (1)-(4) (No change.) 
   
  (5) that the disposal or discharge of any waste or garbage into state waters 
from any marina, pier, dock, wharf, or any other structure located on coastal 
public lands is strictly prohibited <nl>.<ol>[;] 
   
  [(6) that the applicant, at its own expense, shall post at least one sign for 
each structure located on coastal public lands, at a location with the highest 
apparent pedestrian traffic, with letters at least one inch in size, which shall 
read "Any dumping or discharge of waste or garbage into state waters is strictly 
prohibited and will subject any violator to the full penalty provided by law."] 
     
  (j)-(l) (No change.) 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 28, 1995. 
 TRD-9510885 
  Garry Mauro 
 Chairman 
 School Land Board 
    Earliest possible date of adoption: October 6, 1995 
 For further information, please call: (512) 305-9129 
         
           
  31 TAC sec.155.15 
 
  The School Land Board (SLB) proposes new sec.155.15, concerning fees and 
charges which may be collected by the SLB. 
 As originally adopted in the February 14, 1992, issue of the Texas Register (17 
TexReg 1311), sec.1.3 of this title contains a comprehensive list of all fees to 
be charged and collected by both the General Land Office and the SLB, even 
though the SLB fees found in sec.1.3(c) more properly belong in Title 31, Part 
IV (School Land Board). The consolidation of all fees administered by the 
General Land Office into one section has not had the intended result of 
clarification and simplification of the process for the public. Concurrent with 
this proposed new rule, therefore, the General Land Office proposes to delete 
sec.1.3(c) (School Land Board Fees and Charges) from Title 31, Part I (General 
Land Office) and, with the adoption of this new sec.155.15, to move the schedule 
of fees to Title 31, Part IV with other SLB administrative rules. 
 Christopher K. Price, Deputy Commissioner, Asset Management Division, Texas 
General Land Office, has determined that for each year of the first five years 
that the rule will be in effect there will be minimal or no fiscal implications 
resulting from administration or enforcement of the rule. No additional 
administrative costs will be incurred as a result of this proposal. 
 Mr. Price also has determined that the public benefit anticipated as a result 
of the new rule will be clarification of charges and fees for coastal activities 
administered by the SLB. Mr. Price has determined that for each year of the 
first five years that the proposed amendment is in effect there will be no 
significant increase in economic costs to persons or small business for 
compliance with the rule as proposed. 
 Comments on the proposed new section may be submitted to Robert Moreland, Texas 
General Land Office, Legal Services Division, 1700 North Congress Avenue, Room 
630, Austin, Texas, 78701-1495 (Fax: (512) 463-6311). Comments must be received 
by 5:00 p.m. on Wednesday, October 4, 1995. 
 The new rule is proposed under the Texas Natural Resources Code, 
sec.sec.33.051, 33.052, 33.063, and 33.064, which authorize the SLB to adopt 
procedural and substantive rules necessary to administer, implement, and enforce 
the Coastal Public Lands Management Act of 1973. 
 The Texas Natural Resources Code, sec.33.063, is affected by the proposed new 
rule. 
 
 
  sec.155.15. Fees. 
 
  (a) General. 
 
  (1) Form of payment. Fees may be paid by cash, check or other legal means 
acceptable to the commissioner. 
   
  (2) Time for payment. Payment is generally required in advance of issuance of 
permits, leases and other documents and/or delivery of services and/or materials 
by the General Land Office. 
   
  (3) Dishonor or nonpayment by other means. In the event a fee is not paid due 
to dishonor, nonpayment, or otherwise, the General Land Office shall have no 
further obligation to issue permits, leases and other documents and/or provide 
services and/or materials to the permittee, lessee, or applicant. 
     
  (b) School Land Board fees and charges. The School Land Board is authorized 
and required under the Natural Resources Code, Chapter 33, to collect the fees 
and charges set forth in this subsection where applicable. 
 
  (1) Definitions. The following words and terms, when used in this subsection, 
shall have the following meanings, unless the context clearly indicates 
otherwise. 
 
  (A) Adjacent littoral property-The property, specified in the easement 
application as owned by the easement applicant, that is contiguous and borders 
the coastal public land upon which the easement is sought. 
   
  (B) Appraised market value of adjacent littoral property-Fair market value of 
the unimproved adjacent littoral property as determined by the appropriate tax 
appraisal district. 
   
  (C) Basin-A structure used for commercial or industrial activity that consists 
of the area of the state land encumbered and any fixtures attached thereto. This 
definition includes the construction and maintenance of marinas, piers, 
walkways, docks, dolphins, and wharves and any and all dredged area associated 
therewith. 
   
  (D) Basin formula-The amount of encumbered state land multiplied by the 
appraised market value of the adjacent littoral property multiplied by the 
submerged land discount multiplied by the return on investment. 
   
  (E) Dredged area-An excavated area, including channels and basins, on coastal 
public lands. This definition excludes any structure that would be included in 
the definition of fill area or basin. 
   
  (F) Commercial activity-Activity which is designed to enhance or accommodate a 
venture associated with a revenue generating activity. This definition excludes 
industrial activity, but includes residential uses if there is revenue 
generating activity conducted on the premises. 
   
  (G) Encumbered state land-The amount of state coastal public land encumbered 
by the permitted activity and is expressed in number of square feet. 
   
  (H) Encumbered open area-That portion of a project in which the design or use 
of the project impedes public access to coastal public lands and is not 
otherwise defined as a dredged area or other structure. 
   
  (I) Evaluation fee-A one-time fee assessed upon the granting of a commercial 
instrument. In the case of multiple-purpose easement applications, only one 
evaluation fee will be assessed. 
   
  (J) Fill area-A structure, excluding riprap, concrete stairs, breakwaters, 
jetties, and groins that permanently and fully encumbers, and entirely displaces 
the water covering the coastal public land. This activity includes the 
construction and maintenance of bulkheads. 
   
  (K) Fill formula-State land encumbered multiplied by the appraised market 
value of adjacent littoral property multiplied by the return on investment. 
   
  (L) Homeowners association-An association whose individual members, by virtue 
of holding full and exclusive legal title to the adjacent littoral property area 
specifically defined in an easement application, are entitled, as a group, to 
the privileges of an easement that may be granted by the State of Texas for use 
of adjacent coastal public land. 
   
  (M) Industrial activity-A use of coastal public land not associated with 
private activity that facilitates and is ancillary to a manufacturing, 
processing, or gathering facility. 
   
  (N) Mineral interest holder-Holder of a state mineral lease who plans to 
dredge on state-owned coastal lands outside the state leasehold tract to obtain 
access to the state leasehold tract. 
   
  (O) New dredged area-An excavated area which is not under current permit with 
the General Land Office. The new dredged area rate is charged for the first 
year, and the fee for maintaining the dredged area is charged for each 
subsequent year of the easement term. 
   
  (P) Public activity-Activity which is performed in the public interest by a 
public entity or a private non-profit organization, is not designed to enhance 
or accommodate a profit-making venture, and is not associated with a revenue 
generating activity. 
   
  (Q) Public entity-City, county, state agency, board or commission, or any 
other political subdivision of the state. See sec.155.21 of this title (relating 
to Application; Nature of Original Lease; Sublease; Termination). 
   
  (R) Residential use, Category I-One single-family residential structure per 
defined lot or parcel of land; both land and improvements are typically under 
the same ownership. 
   
  (S) Residential use, Category II-Multi-family residential units per defined 
lot or parcel of land; land and individual units may be separately owned; 
includes uses by condominium developments and qualified homeowners associations 
acting for and on behalf of owners of a multi-family residential development, 
but does not include time-share developments or any use that includes commercial 
activities. 
   
  (T) Resource Impact Fee-A one-time fee assessed for proposed projects that 
impact seagrass, emergent marsh, or oyster reef, for which there is no separate 
mitigation requirement. 
   
  (U) Return on investment-A number used in the basin, fill, and industrial 
activity formulas that reflects a financial return expectation. The return on 
investment rate will be set annually by the School Land Board and will be 
effective at the beginning of each fiscal year. 
   
  (V) Shoreline stabilization project-Vegetative cover or rip-rap consisting of 
concrete block, concrete rubble, rock, brick, sack crete or similar material 
approved by the General Land Office utilized to control shoreline erosion. 
   
  (W) Structure-As defined in the Natural Resources Code, sec.33.004. 
   
  (X) Submerged land discount-60% discount used in formulas when the easement is 
commercial, 70% discount used in formulas when the easement is industrial. 
     
  (2) Coastal fees and charges. The School Land Board will charge the following 
coastal lease and coastal easement fees for use of coastal public land, and will 
charge the following structure registration and permit fees. The School Land 
Board charge will be based on either the fixed fee schedule or the alternate 
commercial, industrial, residential, and public formulas as delineated in 
subparagraphs (C) and (D) of this paragraph. The greater of the fixed fee or 
formula rate will be charged. Commercial, industrial, residential, and public 
fee schedules: 
 
  (A) Coastal lease charges. The School Land Board may only grant coastal leases 
to certain entities, as prescribed by the Natural Resources Code, sec.33. 105 
and sec.33.109. 
 
  (i) Private activity, Non-profit, scientific, or educational activity 
authorized by sec.155.2(a)(3) and (4) of this title (relating to Leases): 
 
  (I) filing fee: $25; 
   
  (II) annual fee: negotiable/$5.00 minimum. 
     
  (ii) Public activity authorized by sec.155.2(a)(1) and (2): 
 
  (I) filing fee: $25; 
   
  (II) annual fee: no charge. 
     
  (iii) Public activity authorized by sec.155.2(a)(1) and (b)(4): 
 
  (I) sub-lease processing fee: $50; 
   
  (II) annual fee: negotiated percentage of the activity's gross annual 
revenues. 
       
  (B) Structure registration fee. Structure registration fee is required for 
private piers or docks that are 100 feet long or less and 25 feet wide or less 
and require no dredging or filling, as authorized by the Natural Resources Code, 
sec.33.115. Though School Land Board approval is not required for construction, 
the applicant must register the location of the structure. The registration is 
valid for the life of the structure: 
 
  (i) filing fee: $25; 
   
  (ii) annual fee: no charge; 
   
  (iii) assignment fee: $25; 
   
  (iv) amendment fee: $25. 
     
  (C) Coastal easement fees: 
 
  (i) assignment fee: $50; 
   
  (ii) amendment fee: $50; 
   
  (iii) late payment fee: 10% of past due amount/$25 minimum. 
 
  (I) piers and docks: 
 
  (-a-) residential use: Category I: 
 
 </vsh> (-1-) filing fee: $25; 
 </vsb> </vsec> 
 </vsh> (-2-) annual fee: $.03 per square foot/$25 minimum; 
 </vsb> </vsec>   
  (-b-) residential use: Category II: 
 
 </vsh> (-1-) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> (-2-) annual fee: 75% of fee calculated for same use as a commercial 
activity/$100 minimum; 
 </vsb> </vsec>   
  (-c-) commercial: 
 
 </vsh> (-1-) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> (-2-) evaluation fee: $50; 
 </vsb> </vsec> 
 </vsh> (-3-) annual fee: $.20 per square foot/$100 minimum; 
 </vsb> </vsec>   
  (-d-) Other, private non-profit use: 
 
 </vsh> (-1-) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> (-2-) annual fee: negotiable/$100 minimum. 
 </vsb> </vsec>     
  (II) marinas: 
 
  (-a-) Clear Lake: 
 
 </vsh> (-1-) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> (-2-) evaluation fee: $50; 
 </vsb> </vsec> 
 </vsh> (-3-) annual fee: $4.00 per boat slip linear foot; 
 </vsb> </vsec>   
  (-b-) residential use: Category II: 
 
 </vsh> (-1-) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> (-2-) annual fee: 75% of fee calculated for same use as a commercial 
activity; 
 </vsb> </vsec>   
  (-c-) other: 
 
 </vsh> (-1-) filing fee: $50.00; 
 </vsb> </vsec> 
 </vsh> (-2-) evaluation fee: $50; 
 </vsb> </vsec> 
 </vsh> (-3-) annual fee: $3.00 per boat slip linear foot; 
 </vsb> </vsec>     
  (III) wharf: 
 
  (-a-) filing fee: $50; 
   
  (-b-) evaluation fee: $50; 
   
  (-c-) annual fee: $.30 per square foot/$100 minimum; 
     
  (IV) breakwaters, jetties, and groins: 
 
  (-a-) residential - Category I: 
 
 </vsh> (-1-) filing fee: $25; 
 </vsb> </vsec> 
 </vsh> (-2-) annual fee: $.20 per square foot/$25 minimum; 
 </vsb> </vsec>   
  (-b-) residential-Category II: 
 
 </vsh> (-1-) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> (-2-) annual fee: 75% of fee calculated for same use as a commercial 
activity/$100 minimum; 
 </vsb> </vsec>   
  (-c-) commercial activity: 
 
 </vsh> (-1-) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> (-2-) evaluation fee: $50; 
 </vsb> </vsec> 
 </vsh> (-3-) annual fee: $.20 per square foot/$100 minimum; 
 </vsb> </vsec>     
  (V) dredged area: 
 
  (-a-) mineral interest holder: 
 
 </vsh> (-1-) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> (-2-) evaluation fee: $50 
 </vsb> </vsec> 
 </vsh> (-3-) annual fee: 
 </vsb> </vsec> 
 </vsh> (-A-) first year fee for a new dredged area: $.02 per square foot/$100 
minimum; 
 </vsb> </vsec> 
 </vsh> (-B-) fee for maintaining a dredged area after first year of easement: 
$.005 per square foot/$100 minimum; 
 </vsb> </vsec>   
  (-b-) residential-Category I: 
 
 </vsh> (-1-) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> (-2-) annual fee: 
 </vsb> </vsec> 
 </vsh> (-A-)>>em>>first year fee for a new dredged area: $.03 per square 
foot/$25 minimum; 
 </vsb> </vsec> 
 </vsh> (-B-) fee for maintaining a dredged area after first year of easement: 
$.005 per square foot/$100 minimum; 
 </vsb> </vsec>   
  (-c-) residential-Category II: 
 
 </vsh> (-1-) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> (-2-) annual fee: 75% of fee calculated for same use as commercial 
activity/$100 minimum; 
 </vsb> </vsec>   
  (-d-) commercial activity: 
 
 </vsh> (-1-) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> (-2-) evaluation fee: $50; 
 </vsb> </vsec> 
 </vsh> (-3-) annual fee: 
 </vsb> </vsec> 
 </vsh> (-A-) first year fee for a new dredged area: $.05 per square foot/$100 
minimum; 
 </vsb> </vsec> 
 </vsh> (-B-) fee for maintaining a dredged area after first year of easement: 
$.01 per square foot/$100 minimum; 
 </vsb> </vsec>     
  (VI) Open encumbered area: 
 
  (-a-) residential-Category I: 
 
 </vsh> (-1-) filing fee: none; 
 </vsb> </vsec> 
 </vsh> (-2-) annual fee: none; 
 </vsb> </vsec>   
  (-b-) residential-Category II: 
 
 </vsh> (-1-) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> (-2-) annual fee: 75% of fee calculated for same use as commercial 
activity/$100 minimum; 
 </vsb> </vsec>   
  (-c-) commercial activity: 
 
 </vsh> (-1-) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> (-2-) evaluation fee: $50; 
 </vsb> </vsec> 
 </vsh> (-3-) annual fee: $0.03 per square foot/$100 minimum; 
 </vsb> </vsec>   
  (-d-) Other, private non-profit use: 
 
 </vsh> (-1-) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> (-2-) evaluation fee: $50; 
 </vsb> </vsec> 
 </vsh> (-3-) annual fee: negotiable/$100 minimum. 
 </vsb> </vsec>     
  (VII) basin: commercial and industrial activity: 
 
  (-a-) industrial activity: 
 
 </vsh> (-1-) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> (-2-) annual fee: basin formula, industrial activity; 
 </vsb> </vsec> 
 </vsh> (-3-) evaluation fee: $50; 
 </vsb> </vsec>   
  (-b-) commercial activity: 
 
 </vsh> (-1-) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> (-2-) annual fee: basin formula, commercial activity; 
 </vsb> </vsec> 
 </vsh> (-3-) evaluation fee: $50; 
 </vsb> </vsec>     
  (VIII) fill area: all activity: 
 
  (-a-) commercial/industrial: 
 
 </vsh> (-1-) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> (-2-) annual fee: $.20 per square foot, $100 minimum, or fill formula; 
 </vsb> </vsec> 
 </vsh> (-3-) evaluation fee: $50; 
 </vsb> </vsec>   
  (-b-) private activity/public activity: 
 
 </vsh> (-1-) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> (-2-) annual fee: $.10 per square foot or fill formula, whichever is 
greater/$25 minimum. 
 </vsb> </vsec>     
  (IX) Shoreline stabilization project: 
 
  (-a-) All activities authorized by sec.155.1(b)(2)(A)-(C) of this title 
(relating to General Provisions); 
 
 </vsh> (-1-) filing fee: $5; 
 </vsb> </vsec> 
 </vsh> (-2-) annual fee: none. 
 </vsb> </vsec>   
  (-b-) Others: 
 
 </vsh> (-1-) filing fee: $25; 
 </vsb> </vsec> 
 </vsh> (-2-) annual fee: negotiable/$.03 per square foot minimum. 
 </vsb> </vsec>     
  (X) Boat ramps, concrete stairs, concrete slabs: 
 
  (-a-) residential-Category I: 
 
 </vsh> (-1-) filing fee: $25 
 </vsb> </vsec> 
 </vsh> (-2-) annual fee: $.03 per square foot/$25 minimum; 
 </vsb> </vsec>   
  (-b-) residential-Category II: 
 
 </vsh> (-1-) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> (-2-) annual fee: 75% of fee calculated for same use as a commercial 
activity/$100 minimum; 
 </vsb> </vsec>   
  (-c-) commercial activity: 
 
 </vsh> (-1-) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> (-2-) evaluation fee: $50; 
 </vsb> </vsec> 
 </vsh> (-3-) annual fee: $.20 per square foot/$100 minimum; 
 </vsb> </vsec>   
  (-d-) Other, private non-profit use: 
 
 </vsh> (-1-) filing fee: $50; 
 </vsb> </vsec> 
 </vsh> (-2-) annual fee: $100. 
 </vsb> </vsec>         
  (D) Structure (cabin) permits: 
 
  (i) fees: 
 
  (I) refundable deposit: $200; 
   
  (II) annual fee for all structures excluding piers, docks, and walkways will 
be calculated at $.60 per square foot per year; 
   
  (III) contract renewal: $175; 
   
  (IV) new contract issuance: $325; 
   
  (V) late payment fee: 25% of past due amount; 
   
  (VI) minimum annual payment: $175; 
     
  (ii) permittee may apply for a continuation of the previous fee if the permit 
was issued prior to July 18, 1983 (the date of the initial rate increase), and 
if the annual fee will impose an undue financial hardship on a current permit 
holder. 
     
  (E) Resource Impact Fee: 
 
  (i) Public use piers and residential piers constructed within guidelines: 
exempt; 
   
  (ii) All others: $100 plus $1.00 per square foot of impacted area. 
     
  (F) Term. The term for all coastal leases and coastal easements is negotiable. 
School Land Board approval is required prior to construction. 
   
  (G) Rental adjustments-all commercial and industrial easements. At every five-
year interval in the term of commercial and industrial easements, the rental fee 
for the easement will be subject to adjustment. The adjustment, if any, will be 
in accordance with the then current Fee Schedule as adopted by the School Land 
Board. 
   
  (H) Discretionary authority. The School Land Board may reduce or waive any fee 
set forth herein if such action would be in the public's best interest as 
determined by the School Land Board. 
   
  (I) Implementation. 
 
  (i) New residential developments. Upon the application for an easement 
associated with the development of a multi-unit or single-family residential 
project, the easement application will be processed and fee determined according 
to the appropriate commercial activity rate. Upon the sale of an individual 
residential unit associated with the easement, with sufficient infrastructure in 
place to convert use of the unit to individual use (and use of associated 
easement to private activity), the original easement applicant, upon agreement 
with the commissioner of the General Land Office, may pay a $50 conversion fee. 
The easement fee may then be reduced by the percentage that the sold unit 
represented to the total number of units associated with the easement. At the 
time the conversion fee is paid under the provisions herein, the unit will then 
be considered to be subject to the residential activity rates upon renewal of 
the easement. For units already sold prior to the effective date of this 
section, conversion to a residential activity rate will be granted without the 
payment of the conversion fee. 
   
  (ii) Additional terms. The commissioner of the General Land Office may 
require, as a condition for the granting of an easement set forth in this 
section, such additional terms that he feels are necessary to secure performance 
under any such easement. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on August 28, 1995. 
 TRD-9510881 
  Garry Mauro 
 Chair 
 School Land Board 
    Earliest possible date of adoption: October 6, 1995 
 For further information, please call: (512) 305-9129