ADOPTED RULES
An agency may take final action on a section 30 days after a proposal has been 
published in the Texas Register. The section becomes effective 20 days after the 
agency files the correct document with the Texas Register, unless a later date 
is specified or unless a federal statute or regulation requires implementation 
of the action on shorter notice.
If an agency adopts the section without any changes to the proposed text, only 
the preamble of the notice and statement of legal authority will be published. 
If an agency adopts the section with changes to the proposed text, the proposal 
will be republished with the changes.

TITLE 25. HEALTH SERVICES
PART I. Texas Department of Health
CHAPTER 29. Purchased Health Services
On behalf of the State Medicaid Director, the Texas Department of Health 
(department) submits adopted amendments to sec.29.606 and sec.29.1125, 
concerning payment for hospital services and coverage of procurement of nonsolid 
organs, in its purchased health services rules, without changes to the proposed 
text as published in the July 26, 1996, issue of the Texas Register (21 TexReg 
6935). 
The sections as amended provide for reimbursement for transplant diagnosis 
related groups that are based on Medicaid-specific data. 
The amendments allow the department to calculate relative weights for organ 
transplant diagnosis related groups with less than 10 observations, using 
Medicaid-specific data. The relative weights include organ procurement for both 
solid and nonsolid organs. 
No comments were received regarding the adoption of these amendments. 

SUBCHAPTER G. Hospital Services
25 TAC sec.29.606
This amendment is adopted under the Human Resources Code, sec.32.021 and 
Government Code sec.531.021, which provides the Health and Human Services 
Commission with the authority to adopt rules to administer the state's medical 
assistance program and are submitted by the Texas Department of Health under its 
agreement with the Health and Human Services Commission to operate the purchased 
health services program and as authorized under Chapter 15, sec.1.07, Acts of 
the 72nd Legislature, First Called Session (1991).  
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on November 7, 1996.
TRD-9616172
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: November 28, 1996
Proposal publication date: July 26, 1996
For further information, please call: (512) 458-7236

SUBCHAPTER L. General Administration
25 TAC sec.29.1125
This amendment is adopted under the Human Resources Code, sec.32.021 and 
Government Code sec.531.021, which provides the Health and Human Services 
Commission with the authority to adopt rules to administer the state's medical 
assistance program and are submitted by the Texas Department of Health under its 
agreement with the Health and Human Services Commission to operate the purchased 
health services program and as authorized under Chapter 15, sec.1.07, Acts of 
the 72nd Legislature, First Called Session (1991).  
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on November 7, 1996.
TRD-9616173
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: November 28, 1996
Proposal publication date: July 26, 1996
For further information, please call: (512) 458-7236

TITLE 30. ENVIRONMENTAL QUALITY
PART I. Texas Natural Resource Conservation Commission 
CHAPTER 330.Municipal Solid Waste
SUBCHAPTER N.Landfill Mining
30 TAC sec.sec.330.401-330.419 
The Texas Natural Resource Conservation Commission (commission) adopts new 
Subchapter N, sec.sec.330.401-330.419, concerning recovery of materials from 
landfills. Section 330.407 and sec.330.417 are adopted with changes to the 
proposed text as published in the September 3, 1996 issue of the Texas Register 
(21 TexReg 8386). Sections 330.401-330.406, 330.408-330.416, and 330.418-330.419 
are adopted without changes and will not be republished. 
EXPLANATION OF ADOPTED RULES. The purpose of these new sections is to provide 
regulation for facilities known as landfill mining facilities. These facilities 
will be exempt from permit requirements, will be required to register with the 
commission, and will be required to design and operate in accordance with 
requirements set forth in a new section. The statutory basis for the rules is 
found in House Bill 2315, 74th Legislature, which amended the Health and Safety 
Code, Chapter 361, the Solid Waste Disposal Act, sec.361.0861 and sec.361.092. 
The statute directs the commission to establish rules to exempt from permit 
requirements the recovery of materials from landfills, to adopt rules 
establishing minimum standards for the issuance of registrations for the 
recovery of material from municipal solid waste landfills, and to establish a 
registration procedure for recovery operations. 
HEARING AND COMMENTERS. A public hearing was held on September 23, 1996, in 
Austin. No interested commenters attended the hearing. Only one commenter 
submitted testimony during the comment period which closed on October 3, 1996. 
The one commenter, Browing-Ferris Industries a large landfilling company, 
supported the proposal without recommended changes.  
The commission has changed language in sec.330.407(c)(2) to clarify that notices 
to the public shall be both mailed and published. Language in sec.330.407(f) has 
been changed to clarify a reference and to clarify the rights of the applicant 
and persons affected regarding a motion for reconsideration. Language in 
sec.330.417(b)(4) regarding the date of the publication of a reference document 
has been changed to the 1995 publication date. 
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact 
Assessment for these rules pursuant to Texas Government Code Annotated Section 
2007.043. The following is a summary of that assessment. The specific purpose of 
the proposed rules is to regulate activities associated with the extraction of 
material from municipal solid waste landfills. The rules will establish the 
level of agency authorization as a registration in lieu of the previously 
required permit level. The rules will provide the specific operational and 
design standards for obtaining an authorization for a landfill mining operation. 
New landfill mining facilities must comply with all technical and administrative 
standards stipulated by the new regulations. The proposed rules are necessary to 
advance the agency's mission of providing adequate public health and safety 
relative to facilities wishing to engage in the management of the recovery of 
usable material from waste in municipal solid waste landfills. The proposed 
rules will establish specific operating and management standards which currently 
do not exist under Chapter 330; therefore, both the regulated community and the 
public will be accorded greater assurance that human health and the environment 
are being protected. Promulgation and enforcement of these rules will not affect 
private real property. 
STATUTORY AUTHORITY. The new sections are adopted under the authority of the 
Texas Water Code, sec.5.103, which provides the commission with the authority to 
adopt any rules necessary to carry out the powers and duties under the 
provisions of the Texas Water Code and other laws of this state, and under House 
Bill 2315, as passed by the 74th Legislature; and pursuant to the Texas Solid 
Waste Disposal Act, Texas Health and Safety Code sec.361.024, which provides the 
commission with the authority to regulate municipal solid waste and adopt rules 
as necessary to regulate the operation, management, and control of solid waste 
under its jurisdiction.

sec.330.407. Registration Application Processing. 
(a) An application shall be submitted to the executive director. When an 
application is administratively complete, the executive director shall assign 
the application an identification number. 
(b) The applicant and the commission shall conduct a public meeting in the local 
area, when the application is administratively complete, to describe the 
proposed action to the general public. The public meeting shall be held as 
prescribed in sec.305.107 of this title (relating to Public Meeting and Notice 
Requirements). 
(c) The requirements for public notice are as follows: 
(1) When an application is administratively complete the chief clerk shall mail 
notice to adjacent landowners. The chief clerk also shall mail notice to other 
affected landowners as directed by the executive director.
(2) When an application is technically complete the chief clerk shall mail 
notice to adjacent landowners. The chief clerk shall also mail notice to other 
affected landowners as directed by the executive director. The applicant shall 
publish notice in the county in which the facility is located, and in all 
adjacent counties. The published notice shall be published once a week for three 
consecutive weeks. The applicant should attempt to obtain publication in a 
Sunday edition of a newspaper. The mailed and published notices shall explain 
the method for submitting a motion for reconsideration.
(3) Notice issued under paragraphs (1) or (2) of this subsection shall contain 
the following information: 
(A) the identifying number given the application by the executive director; 
(B) the type of registration sought under the application;
(C) the name and address of the applicant(s); 
(D) the date on which the application was submitted; and 
(E) a brief summary of the information included in the application.
(d) The executive director or his designee shall, after review of any 
application for registration of a landfill mining facility, determine if he will 
approve or deny an application in whole or in part. The executive director shall 
base his decision on whether the application meets the requirements of this 
subchapter and the requirements of sec.330.403 of this title (relating to 
General Requirements). 
(e) At the same time that the executive director's final decision is mailed to 
the applicant, a copy or copies of this decision shall also be mailed to all 
adjacent landowners and to other affected landowners as directed by the 
executive director. 
(f) In regard to motions for reconsideration, notwithstanding sec.50.31(c)(8) of 
this title (relating to Purpose and Applicability), applications for 
registration under this subchapter are governed by sec.50.39(b)-(f) of this 
title (relating to Motion for Reconsideration). The applicant or a person 
affected may file with the chief clerk a motion for reconsideration under 
sec.50.39(b)-(f) of this title of the executive director's final decision. 

sec.330.417. Sampling and Analysis Requirements for Soil Final Product.
(a) Applicability. Facilities that receive a registration under this subchapter, 
are required to test final product in accordance with this section. 
(b) Analytical methods. Facilities which use analytical methods to characterize 
their final product must use methods such as those described in the following 
publications: 
(1) Chemical and physical analysis shall utilize: 
(A) "Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods" 
(SW-846); 
(B) "Methods for Chemical Analysis of Water and Wastes" (EPA-600); or 
(2) Analysis of pathogens shall utilize "Standard Methods for the Examination of 
Water and Wastewater" (Water Pollution Control Federation, 1995). 
(3) Analysis for salinity and pH shall utilize North Central Regional (NCR) 
Method 14 for Saturated Media Extract Method contained in "Recommended Test 
Procedure for Greenhouse Growth Media" NCR Publication Number 221 (Revised), 
Recommended Chemical Soil Test Procedures, Bulletin Number 49 (Revised), October 
1988, pages 34-37. 
(4) Analysis of total, fixed and volatile solids shall utilize Method 2540 G 
(Total, Fixed, and Volatile Solids in Solid and Semi-solid Samples) as described 
in "Standard Methods for the Examination of Water and Wastewater" (Water 
Pollution Control Federation, 1995). 
(c) Sample collection. Sample collection, preservation and analysis shall assure 
valid and representative results pursuant to an agency-approved quality 
assurance quality control (QAQC) plan. 
(d) Documentation. 
(1) Owners or operators of registered facilities shall record and maintain all 
of the following information regarding their activities of operation for three 
years after the final product is shipped off-site or upon site closure: 
(A) batch numbers identifying the final product sampling batch;
(B) the quantities, types and sources of materials processed and the dates 
processed; 
(C) the quantity and final product grade assigned described in sec.330.418 of 
this title (relating to Final Soil Product Grades); 
(D) the date of sampling; and 
(E) all analytical data used to characterize the final product, including 
laboratory quality assurance/quality control data. 
(2) The following records shall be maintained on-site permanently or until site 
closure: 
(A) sampling plan and procedures; 
(B) training and certification records of staff; and 
(C) soil final product test results. 
(3) Records shall be available for inspection by executive director 
representatives during normal business hours. 
(4) The executive director may at any time request by registered or certified 
mail that a soil generator submit copies of all documentation listed in 
paragraph (1) of this subsection for auditing the final soil product grade. 
Documentation requested under this section shall be submitted within ten (10) 
working days of receipt of the request. 
(e) Sampling frequencies. All final soil product must be sampled and assigned a 
final product grade set forth in sec.330.418 of this title at a minimum rate of 
one sample for every 5,000 cubic yard batch of final soil product or annually, 
whichever is more frequent. Each sample will be a composite of nine grab samples 
as discussed in subsection (f) of this section.
(f) Sampling requirements. The operator shall utilize the protocol in an 
executive director approved facility QAQC plan. The executive director may at 
any time request that split samples be provided to an agency representative. 
Specific sampling requirements which must be satisfied include: 
(1) Sampling from stockpiles. One third of the grab samples shall be taken from 
the base of the stockpile (at least 12 inches into the pile at ground level), 
one third from the exposed surface and one third from a depth of two feet from 
the exposed surface of the stockpile. 
(2) Sampling from conveyors. Sampling times shall be selected randomly at 
frequencies which provide the same number of subsamples per volume of mined soil 
product as is required in subsection (d) of this section. 
(A) If samples are taken from a conveyor belt, the belt shall be stopped at that 
time. Sampling shall be done along the entire width and depth of the belt. 
(B) If samples are taken as the material falls from the end of a conveyor, the 
conveyor does not need to be stopped. Free-falling samples need to be taken to 
minimize the bias created as larger particles segregate or heavier particles 
sink to the bottom as the belt moves. In order to minimize sampling bias, the 
sample container shall be moved in the shape of a "D" under the falling product 
to be sampled. The flat portion of the "D" shall be perpendicular to the 
beltline. The circular portion of the "D" shall be accomplished to return the 
sampling container to the starting point in a manner so that no product to be 
sampled is included. 
(g) Analytical requirements. Final product subject to the sampling requirements 
of this section will be tested for all of the following parameters. The 
executive director may at any time request that additional parameters be tested. 
These parameters are intended to address public health and environmental 
protection. 
(1) total metals, to include: 
(A) arsenic; 
(B) cadmium; 
(C) chromium; 
(D) copper; 
(E) lead; 
(F) mercury; 
(G) molybdenum; 
(H) nickel; 
(I) selenium; and 
(J) zinc. 
(2) weight percent of foreign matter, dry weight basis. 
(3) pH by the saturated media extract method. 
(4) salinity by the saturated media extract electrical conductivity method. 
(5) pathogens: 
(A) salmonella; and 
(B) fecal coliform. 
(6) polychlorinated-biphenyls. 
(7) asbestos. 
(h) Data precision and accuracy. Analytical data quality shall be established by 
the United States Environmental Protection Agency standard laboratory practices 
to ensure precision and accuracy. 
(i) Reporting requirements. 
(1) Facilities must report the following information to the executive director 
on a semi-annual basis for each sampling batch of final soil product. Reports 
must include, but may not be limited to all of the following information: 
(A) batch numbers identifying the final soil product sampling batch; 
(B) the quantities and types of waste materials processed the dates processed; 
(C) the quantity of final soil product; 
(D) the final soil product grade or permit number of the disposal facility 
receiving the final product if it is not Grade 1 or Grade 2 as established in 
sec.330.418 of this title; 
(E) all analytical results used to characterize the final soil product including 
laboratory quality assurance/quality control data and chain-of-custody 
documentation; and 
(F) the date of sampling. 
(2) Reports must be submitted to the executive director within two months after 
the reporting period ends.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on November 12, 1996.
TRD-9616337
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: December 3, 1996
Proposal publication date: September 3, 1996
For further information, please call: (512) 239-1970

TITLE 40. SOCIAL SERVICES AND ASSISTANCE
PART I. Texas Department of Human Services
CHAPTER 90. Intermediate Care Facilities for Persons with
Mental Retardation or Related Conditions 
SUBCHAPTER B. Application Procedures
40 TAC sec.90.14, sec.90.15
The Texas Department of Human Services (DHS) adopts amendments to sec.90.14 and 
sec.90.15, without changes to the proposed text as published in the October 1, 
1996, issue of the Texas Register (21 TexReg 9437). 
Justification for the amendments is that the policy will be easier to find. The 
amendments will function by referencing sec.533.065 of the Texas Health and 
Safety Code, which governs the approval or expansion of beds, and adding rules 
which clarify what constitutes the timely filing of a licensure application. 
During the public comment period, DHS received one comment from New Avenues of 
Hope, Inc. 
Comment: The Health and Safety Code sec.533.062 was not intended to restrict 
beds located within an ICF/MR which do not require Medicaid funding. Applying 
the ICF/MR Bed Plan to non-Medicaid reimbursed beds has a negative impact of 
restricting the growth of private pay beds. 
Response: Under Health and Safety Code sec.222.042, the department may not 
license or approve as meeting licensing standards new ICF/MR beds or the 
expansion of an existing ICF/MR facility unless the new beds or the expansion 
was included in the plan approved by the Health and Human Services Commission 
(the commission) in accordance with sec.533.062. Subsection (f) of sec.533.062 
directs the commission to adjust the plan after legislative action on the 
appropriation for long-term care services for persons with mental retardation, 
to ensure that the number of ICF/MR beds licensed or approved as meeting 
licensing requirements and the capacity of the HCS waiver program are within 
appropriated amounts. The reference to "ICF/MR beds licensed or approved as 
meeting licensing requirements" indicated that the plan approved by the 
commission under sec.533.062 was meant to include all ICF/MR beds, not just 
those beds certified to participate in the Medicaid program. Commission staff 
have indicated that the plan covers all ICF/MR beds, not only those that are 
Medicaid-certified. The sections are being adopted as proposed. The amendments 
are adopted under the Human Resources Code, Title 2, Chapter 22, which 
authorizes the department to administer public assistance programs, and under 
the Health and Safety Code, Chapter 242, which authorizes the department to 
license ICF-MR facilities, and sec.222.042, which restricts the department's 
authority to license these facilities. 
The amendments implement the Human Resources Code, sec.sec.22.001-22.030, and 
Chapter 242 and sec.222.042 of the Health and Safety Code.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on November 8, 1996.
TRD-9616300
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: January 1, 1997
Proposal publication date: October 1, 1996
For further information, please call: (512) 438-3765

CHAPTER 96. Certification of Long Term Care Facilities
40 TAC sec.96.6
The Texas Department of Human Services (DHS) adopts an amendment to sec.96.6, 
without changes to the proposed text as published in the October 4, 1996, issue 
of the Texas Register (21 TexReg 9624). 
Justification for the amendment is to give providers clearer understanding of 
the informal administrative review process. 
The amendment will function by clarifying the Informal Administrative Review 
(IAR) process. The surveyors will inform providers of their right to an IAR in 
writing; requests for an IAR will be made in writing and can be faxed; time 
lines were changed uniformly to seven calendar days; and all references to the 
Texas Department of Health were changed to DHS. 
The department received no comments regarding adoption of the section. The 
amendment is adopted under the Human Resources Code, Title 2, Chapter 22, which 
authorizes the department to administer public assistance programs, and under 
the Health and Safety Code, Chapter 242, which authorizes the department to 
license ICF-MR facilities, and sec.222.043, which establishes a review process 
for ICF-MR surveys. 
The amendment implements the Human Resources Code, sec.sec.22.001-22.030, and 
Chapter 242 and sec.222.043 of the Health and Safety Code.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on November 8, 1996.
TRD-9616305
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: January 1, 1997
Proposal publication date: October 4, 1996
For further information, please call: (512) 438-3765