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 7. BANKING AND SECURITIES
PART II. Texas Department of Banking
CHAPTER 15.Corporate Activities
SUBCHAPTER A.Fees and Other Provisions of General Applicability 
7 TAC sec.15.7
The Finance Commission (the commission) adopts new sec.15.7, concerning the 
filing of reproductions of original documents under The Texas Banking Act, Texas 
Civil Statutes, Article 342-1.001 et seq (the Act) without changes to the text 
as proposed in the March 11, 1997, issue of the Texas Register (22 TexReg 2563). 
The commission adopts this section for the convenience of the public in filing 
documents with the department of banking, corporate activities division. This 
section permits the filing of specified forms of reproductions in lieu of 
original documents, provides for their treatment as originals, and establishes 
limits regarding reproductions filed by telephonic document transmission, i.e., 
telecopy or facsimile. The agency declines to authorize filing by electronic 
mail at this time. The section does not specify a telecopier number for 
submissions to preserve flexibility in the event the current telecopier number, 
(512) 475-1707, changes in the future. The telecopier number in use at the time 
of submission can be obtained from the department of ban king. 
This section does not affect routine correspondence with the agency, 
applications submitted to the special audits division of the department of 
banking, or documents submitted to the agency under Government Code, Chapter 
2001, and chapter 9 of this title (relating to Rules of Procedure for Contested 
Case Hearings, Appeals, and Rulemaking). 
No comments were received regarding adoption of the new section.
The new section is adopted pursuant to the Act, sec.1.012(a), which provides 
that the commission may adopt rules "to accomplish the purposes of this Act," 
including rules that "implement and clarify" the Act. 
As required by the Act, sec.1.012(b), the commission considered the need to 
promote a stable banking environment, provide the public with convenient, safe, 
and competitive banking services, preserve and promote the competitive parity of 
state banks with national banks and other depository institutions in this state 
consistent with the safety and soundness of state banks and the state bank 
system, and allow for economic development within this state.
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 June 27, 1997.
TRD-9708426
Everette D. Jobe
General Counsel
Texas Department of Banking
Effective date: July 17, 1997
Proposal publication date: March 11, 1997
For further information, please call: (512) 475-1300

TITLE 13. CULTURAL RESOURCES
PART I. Texas State Library and Archives Commission
CHAPTER 1.Library Development
Standards for Accreditation of a Major Resource System of Libraries in the Texas 
Library System
13 TAC sec.1.63, sec.1.64
The Texas State Library and Archives Commission adopts an amendment to sec.1.63 
and new rule sec.1.64, requiring regional library systems operated by nonprofit 
corporations to maintain a cash reserve and specifying the grant administration 
policies for this type of organization. These sections are adopted with changes 
to the proposed text as published in the April 1, 1997, issue of the Texas 
Register (22 TexReg 3187). 
The amendments and the new rule are to ensure greater fiscal responsibility and 
control over state and federal funds administered by nonprofit corporations and 
to protect those corporations in times of interrupted cash flow by establishing 
cash reserves upon which they can draw. 
The changes from the proposed text are editorial revisions to clarify the rules; 
these changes were suggested and approved by the Commission. These changes are 
in sec.1.63(a)(7), (b)(8), and sec.1.64(a)(1), (a)(2) and (c)(1)-(6). 
These rules establish two categories of cash reserve, specify two formulas for 
computing the minimum amounts required, and establish a timetable for the 
accumulation of these reserve funds. 
The Commission received no comments regarding these rules. 
The new section and the amendment are adopted under the Government Code, 
sec.441.136, that provides the Texas State Library and Archives Commission with 
the authority to adopt rules for the administration of the Texas Library System 
Act.

sec.1.63.Proposal Requirements: Fiscal and Administrative Responsibility.
(a) A nonprofit corporation organized under the Library Systems Act, 
sec.441.131, seeking to contract with the Texas State Library and Archives 
Commission as a regional library system must demonstrate fiscal and 
administrative responsibility as determined annually by the state library from 
the following information submitted by the nonprofit corporation: 
(1) articles of incorporation with the Office of the Secretary of State; 
(2) bylaws adopted by the board of directors and approved by the membership; 
(3) policies and procedures of the corporation on financial management, 
personnel, and procurement as adopted by the board of directors;
(4) long-range plan (biennial budget) (see sec.1.43 of this title (relating to 
Long-Range Plan of System Services)); 
(5) annual program and budget (see sec.1.44 of this title (relating to Annual 
Program and Budget for System Services)); 
(6) documentation of tax status with appropriate authorities; and 
(7) detailed business plan, including cash flow analysis, cash flow management 
plan, verification of lines of credit, risk analysis, risk management plan, 
verification of specified insurance coverage, and a plan providing for the 
annual accumulation of cash reserves as described in sec.1.64 of this title 
(relating to Cash Reserves: Regional Library System) such that the reserve shall 
be fully funded by the date of submission of the sixth annual program of service 
submitted under the terms of this rule. 
(b) A business (sole proprietorship, partnership, or corporation) seeking to 
contract with the Texas State Library and Archives Commission to administer 
services to a regional library system must demonstrate fiscal and administrative 
responsibility annually as determined by the state library from the following 
information submitted by the business: 
(1) contracts between the business and two-thirds of the governing bodies of the 
member libraries; 
(2) performance deposit in the form of an assignment of a savings account, a 
bank letter of credit, a continuous bond, a U.S. treasury bond readily 
convertible to cash, or any cash equivalent item, the amount to be not less than 
10% of the proposed contract; 
(3) certificate of good standing from the Comptroller of Public Accounts; 
(4) tax returns of the business for the last three years;
(5) audited financial statements of the business for the last three years; 
(6) long-range plan (biennial budget) (see sec.1.43 of this title (relating to 
Long-Range Plan of System Services)); 
(7) annual program and budget (see sec.1.44 of this title (relating to Annual 
Program and Budget for System Services)); and 
(8) detailed business plan, including cash flow analysis, cash flow management 
plan, verification of lines of credit, risk analysis, risk management plan, and 
verification of specified insurance coverage. 
(c) Grants or contracts to regional library systems or other nonprofit 
corporations shall be administered by the State Library and Archives Commission 
according to the Uniform Grant and Contract Management Act (Government Code, 
Chapter 783) and the rules for administering this act (1 TAC 5.141 et seq.), 
unless federal statute or policy supersedes them. 

sec.1.64.Cash Reserves: Regional Library Systems.
(a) A nonprofit corporation or business shall maintain cash reserves, not to 
include the performance deposit in sec.1.63 of this title (relating to Proposal 
Requirements), totaling both: 
(1) an amount not less than 15% of all the ongoing operating costs 
(administrative, personnel and fringe benefits) in the proposed annual contract, 
to be used to satisfy obligations and maintain operations in the event of an 
interruption in cash flow; and 
(2) an amount not less than 5.0% of the proposed total annual contract, less the 
ongoing operating costs, to be used to satisfy debts or other costs which cannot 
be paid with grant funds; these funds must be from sources other than a system 
operations grant. 
(b) Regional library systems shall have five years to accumulate this cash 
reserve. For the purpose of this rule, the years will be considered to begin on 
the date the annual program of service for the subsequent fiscal year is due at 
the Texas State Library. For regional library systems in existence at the time 
the rule is adopted, the five-year period will begin with the submission of the 
next annual program of service after the adoption of the rule. For all others, 
the five year period will begin with the submission of the first program of 
service by the regional library system. 
(c) The regional library system shall accumulate the cash reserve according to 
the following schedule: 
(1) With the submission of the annual program of service for year one, the 
regional library system must submit a plan for accumulating the cash reserve to 
accompany the annual program of service. 
(2) With the submission of the annual program of service for year two, the 
regional library system must demonstrate it has already accumulated at least 20% 
of the total cash reserve required by this rule.
(3) With the submission of the annual program of service for year three, the 
regional library system must demonstrate it has already accumulated at least 40% 
of the total cash reserve required by this rule.
(4) With the submission of the annual program of service for year four, the 
regional library system must demonstrate it has already accumulated at least 60% 
of the total cash reserve required by this rule.
(5) With the submission of the annual program of service for year five, the 
regional library system must demonstrate it has already accumulated at least 80% 
of the total cash reserve required by this rule.
(6) With the submission of the annual program of service for every year 
thereafter, the regional library system must demonstrate the cash reserve 
account required by this rule is fully funded. 
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 June 27, 1997.
TRD-9708394
Raymond Hitt
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: July 17, 1997
Proposal publication date: April 1, 1997
For further information, please call: (512) 463-5460

CHAPTER 2.General Policies and Procedures
[Public Services]
13 TAC sec.sec.2.2-2.4, 2.53
The Texas State Library and Archives Commission adopts new sec.sec.2.2-2.3, 
concerning by-laws for the commission and the duties of the Director and 
Librarian, sec.2.4 concerning the general principles of the commission, and 
sec.2.53 concerning complaint procedures for the public without changes to the 
proposed text as published March 4, 1997, issue of the Texas Register (22 TexReg 
2413). 
The new sections are adopted for the purpose of formalizing the by-laws of the 
commission and clarifying the roles of the commission and director and the 
principles guiding the commission. In addition the rules establish a policy 
concerning notification of the public regarding how to file complaints with the 
commission and what types of procedures apply to different types of complaints. 
The new sections describe for the public and the staff of the commission the 
responsibilities of both the director and the commission. The public will also 
have more information about how to file a complaint and the manner in which the 
complaint will be processed. 
No comments were received regarding the adoption of the new rules. 
The new sections are adopted under the Government Code, sec.441.002(j), which 
requires the Texas State Library and Archives Commission to establish polices to 
separate the duties of the commission from those of the director and staff, 
sec.441.006(1) which authorizes the commission to govern the Texas State 
Library, sec.441.006(2),(14), and (15) which authorizes the commission to adopt 
rules to aid and encourage libraries, manage public records, and process 
complaints from service recipients. 
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 June 27, 1997.
TRD-9708389
Raymond Hitt
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: July 17, 1997
Proposal publication date: March 4, 1997
For further information, please call: (512) 463-5460

CHAPTER 4.School Library Programs [Services]
Standards and Guidelines
13 TAC sec.sec.4.1-4.7
The Texas State Library and Archives Commission adopts new sec.sec.4.1-4.7, 
concerning standards for libraries in schools. Sections sec.sec.4.1 and 4.4-4.7 
are adopted with changes to the proposed text as published in the April 1, 1997, 
issue of the Texas Register (22 TexReg 3189). Sections sec.sec.4.2 and 4.3 are 
adopted without changes. 
The sections are adopted to assist the public, school boards, school 
administrators, and teachers evaluate the adequacy of their school libraries 
programs. The standards are guidelines without sanctions and provide information 
to those trying to improve school library programs. 
The sections describe four levels of school library programs ranging from 
exemplary to below standard. Each level describes the learning environment, 
integration with the school curriculum, resources, program management, and 
facilities that a school library operating at that level would have. The 
sections will provide the public information with which to evaluate local school 
library services that will lead to gradual improvements in those programs. 
School librarians and school administrators will have benchmarks against which 
to compare their programs. This information will assist them in planning for 
improvements, budgeting for additional services, and implementing changes in 
library programs. 
Two people commented that the standards should refer to "programs" rather than 
"services." The concern is that "service" has the connotation of being "an add-
on" or "support" program. The recommendation that the references to services be 
changed to program was incorporated into the title and in sections 4.4; 4.5; 
4.6; and 4.7. 
Several people commented that using the definition as proposed for instructional 
budget did not provide adequate funding and did not match current funding. When 
instructional salaries were included in the calculation, the result more 
adequately matched current funding. Based on this input the definition in 
Section 4.1 was revised to include instructional salaries in the budget figure 
used to calculate funding for materials. 
One person asked that the role of district level staff be amended to include 
responsibility for interpretation of national, state, and local standards and 
development of policy. sec.4.4(d)(1); sec.4.5(d)(1); sec.4.6(d)(1); and 
sec.4.7(d)(1) were changed to reflect these responsibilities. 
Staff noticed inconsistency in wording regarding student access to staff during 
and beyond the instructional day between sec.4.4(4)(C) and sec.4.5(4)(C) and 
recommended that wording be revised for clarity about the difference in access 
between the two program levels. Revised wording clarifies that more access to 
library staff is available during and beyond the instructional day at the 
Exemplary program level. 
Another person expressed concern that the amount of funding in a below standard 
library would not do more than maintain the collection. As stated, the budget 
for materials could be zero. Section 4.7(d)(3) (B) was revised to establish that 
funding would not be less than .5% of the total instructional budget annually. 
There were a number of comments supporting the proposed standards although there 
were a number of comments indicating that the ranking system could be confused 
with the Texas Education Agency's Academic Excellence Indicators. One person 
indicated that he felt the standards "may provide the legislative advocates of 
elimination of small school districts with further justification to close small 
and rural schools to the devastation of small towns and communities." No change 
was made because so many other commenters supported using terminology that 
parallels an already familiar ranking system. 
One person expressed concern about staffing to implement flexible scheduling and 
indicated that this scheduling would present problems for small districts 
because staff is pulled from the library for non-library duties. Support from 
other persons strongly endorse this concept and the standards call for more 
staff assigned to the library throughout the instructional day so no change was 
recommended. 
Three people expressed concern about required staffing levels and how schools 
will cover this expense. Most districts allocate additional staff as the school 
population increases for teaching, administration, and custodial functions. The 
standards are voluntary but are based on the premise that students need library 
staff to teach research skills and assist in the use of increasingly complex 
information systems. No change was recommended. 
Several people requested clarification of terminology. In all instances the 
questioned terms are defined in the definitions but the commenter had used a 
"reading" version of the proposed standards that did not include definitions. No 
changes were recommended based on these requests for clarification. 
One person indicated that she would prefer that the standards recommend the 
purchase one new book per year per student and an amount of money equal to the 
average cost of a new book for audio-visual items. Research does not support 
using the cost of a book as the basis for funding. With increased use of 
technology and networked information sources, it is difficult to state 
unequivocally that the library should purchase one new book per student every 
year. The standards were developed to allow local flexibility to meet local 
needs and budgets that may vary from year to year. No change was recommended.
One person commented that staffing levels should be increased for campuses with 
701 to 1050 students to 2 librarians and 2 para-professionals at the recognized 
level and to 1 librarian and two para-professionals at the acceptable level. 
Staffing to the levels indicated in the proposed standards will be a challenge 
for districts to achieve; the first priority is to have all school libraries 
staffed throughout the instructional day. Therefore no change was recommended. 
One person commented that the standards needed to address partnerships with, and 
support from, other libraries and agencies. The standards do support 
partnerships and resource sharing programs. These partnerships will also be 
addressed in interpretive documents that help local libraries evaluate their 
programs against the standards. No change was recommended. 
Comments against the proposal were received from Carrollton Christian Academy, 
Deer Park ISD, Friendswood ISD, Grape Creek ISD, Pflugerville ISD, and two 
individuals who did not designate their affiliation. 
Comments for the proposal were received from Austin ISD, Brownfield ISD, 
Brownsville ISD, Carrollton Christian Academy, Granbury ISD, Hereford ISD, 
Houston ISD, Hurst-Euless-Bedford ISD, Katy ISD, Maypearl ISD, Mesquite ISD, 
Nacogdoches ISD, Northside ISD, Pearland ISD, Plano ISD, Round Rock ISD, 
Stafford ISD, Tomball ISD. 
The new sections are proposed under the Education Code, sec.33.021 which 
requires the Texas State Library and Archives Commission to adopt standards for 
school library services, in consultation with the State Board of Education and 
the Government Code, sec.441.6(a)(1)-(2) which authorizes the Commission to 
govern the Texas State Library and to adopt rules to aid and encourage 
libraries.

sec.4.1.Definitions.
The following words and terms, when used in this chapter shall have the 
following meanings, unless the context clearly indicates otherwise.
Academic and non-academic experiences-Professional growth and development 
opportunities including internal education and training experiences as well as 
external continuing education, formal courses, self-paced instruction and 
tutorials, and distance learning.
ADA- Average daily attendance.
Alternative Certification Processes-Chapter 21 Subchapter A sec.21.049, grants 
to the State Board of Educator Certification the authority to propose rules 
providing for educator certification programs as an alternative to traditional 
educator preparation programs. Besides certification of professionals through 
course credit graduate level work, school librarians may obtain professional 
credentials through state-level testing.
Certified Librarian-Chapter 21 Subchapter A sec.21.031 grants to the State Board 
for Educator Certification the authority to regulate and oversee all aspects of 
the certification, continuing education, and standards of conduct of public 
school educators, including school librarians.
Clerical support personnel-An adult who is not certified as a teacher or 
librarian serving as an assistant to a certified librarian.
Curriculum integration-An educational philosophy that the library media program 
fully integrates into the educational program strengthening the 
teaching/learning process so that students can develop the vital skills 
necessary to locate, analyze, evaluate, interpret, and communicate information 
and ideas.
Director/coordinator-Administrator responsible for oversight of a district-wide 
school library program. This person recommends, establishes, and interprets 
policy and interprets state and national school library standards, works with 
other administrators to establish district library budgets and to integrate 
library services into the district's educational plan, and encourages effective 
use of the resources and services available from state agencies, the regional 
education service centers, and other area libraries. Works with building level 
library staff to improve library services and plans library staff development 
opportunities.
Facilities-Physical space that houses the library collection, resources, and 
materials, as well as space for students, staff, and instruction, plus storage 
and secure areas; also includes appropriate space for computers and other 
telecommunications devices that permit off-site use of electronic resources.
Flexibly-scheduled program-The philosophy of curriculum integration requires 
that students and teachers be able to come to the library throughout the day to 
use information sources, to read for pleasure, and to meet and work with other 
students and teachers. Classes are not scheduled in the library media center to 
provide teacher release or preparation time.
Instructional budget-Generally would include all funds budgeted for salaries and 
related expenditures associated with classroom teachers, aides, and assistants, 
and funds allocated for the purchase, lease, or acquisition of supplies and 
materials, textbooks and other reading materials, general supplies, consumable 
teaching and office items, supplies for media and technology, workbooks, audio-
visual materials, library books and media, and other items necessary for the 
instruction process and/or for administration.
Interlibrary loan-A process that permits library materials and resources to be 
borrowed or shared between two libraries that are not under the same governing 
or funding authority. 
Lighting or energy management systems-Systems for lighting and energy provide 
centrally controlled wiring and cabling designs to coordinate the illumination 
and temperature for facilities.
Preservation-The protection of all materials including print and non-print 
resources and equipment. 
Real-time-Access to online electronic resources for library users that is 
available during actual connect time.
Resource-Items acquired for the library collection that instruct or support 
learning and the curriculum; includes print, electronic, and non-print 
materials, such as audio-visual materials, games, models, posters, pictures, and 
kits.
School district-Independent, consolidated, common, or municipal districts and 
charter schools accredited by the Texas Education Agency as provided by TEC 
Chapter 11 Subchapter D, Chapter 39.
School-Students, teachers, and programs administered by a single principal and 
administrative staff.
Selection policy-Guidelines developed by library staff for the selection and 
removal of library resources, materials, and equipment.
The policy identifies criteria for evaluation of materials, procedures for 
selection, and a process for periodic re-evaluation of items included in the 
collection.
Special programs-Specialized curriculum or educational support activities that 
may be assigned to or designed for a school to reflect a unique student group or 
community need. Special programs may require increased or additional resources 
beyond the basic library materials.
Statewide information sharing projects-Coordination of access to primarily 
electronic information resources such as library catalogs, Internet resources 
and commercial databases. These projects are created, linked or designed to 
maximize value for dollars spent, increase ease of use, serve a greater number 
of users and create efficient information broker project (examples include Link, 
TexShare, Texas Library Connection).
Technical services-Functions concerned with the acquisition, cataloging, and 
classification of library materials and preparation of library materials for use 
by students and staff.
Technical Services Specialist-Para-professional or professional staff possessing 
specific skills and/or training to acquire, catalog, and classify library 
materials and prepare library materials for use by students and staff.

sec.4.4.Exemplary School Library Program.
(a) Library Learning Environment. The school library program promotes the 
development of skills and attitudes that prepare students to be life-long 
learners in an information-rich society. To prepare students, the library 
program provides an open setting that encourages enthusiasm and success in 
learning. Students are provided with access to resources that stimulate 
intellectual growth and the development of critical thinking skills. Within a 
central facility, this flexibly-scheduled program provides learners with 
carefully selected and organized resources that extend and enhance the 
curriculum at the time of need. 
(1) Program Profile. An exemplary school library program: 
(A) provides a balanced, carefully selected, and systematically organized 
diverse collection of library resources that is sufficient to meet students' 
needs and is continuously monitored for currency and relevance in each subject 
area; 
(B) ensures a user-friendly resource facility that is centrally located to 
staff, building(s), and curriculum activities; 
(C) serves as an information center that provides equal, open, and flexible 
access to resources and technologies, fully integrated into the instructional 
process; and 
(D) maintains access during and beyond the instructional day for extended patron 
access to the staff, facility, and resources. 
(2) Learner Impacts. The learner will:
(A) develop the ability to locate, evaluate, synthesize, and integrate 
information and new knowledge from all subject areas in the resource collection; 
(B) develop an appreciation of literature and an interest in reading; 
(C) be able to work individually, in small groups, or as a class, building on 
prior learning experiences; 
(D) access the library staff, facility, and resources at the point of 
information need; and, 
(E) have extended access to information during and beyond the instructional day 
at the facility or through electronic means. 
(b) Curriculum Integration. Significant learning occurs when both process and 
content are integrated and when learners are continuously involved in the 
process of self-directed problem-solving and self-assessment to develop 
information literacy and promote life-long learning. 
(1) Program Profile. In an exemplary school library program the school librarian 
will: 
(A) collaborate with teachers through formal planning sessions to develop, 
implement, and evaluate learning experiences in a flexibly-scheduled 
environment; and, to teach problem-solving process models and literature 
appreciation; and, 
(B) engage, direct, and encourage students, individually and in groups, in 
extensive problem-driven research; in the application of information to solve 
problems; in the process of building on previous learning; and in the use of 
technology to locate, gather, select, synthesize, and evaluate relevant 
information. 
(2) Learner Impacts. The learner will: 
(A) have access as needed, during and beyond the instructional day, to a wide 
range of library resources and services; 
(B) realize and value the importance of reading a variety of print, electronic, 
and on-line information sources for pleasure, learning, and problem-solving; 
(C) be capable of working independently and as a member of a team to identify, 
evaluate, integrate, and synthesize information; and,
(D) present findings and evaluate learning experiences and products correctly, 
logically, and responsibly. 
(c) Resources. Resources available in and/or accessible through the school 
library provide students and faculty opportunities for research, reading, and 
life-long learning; support and enrich the curriculum; and meet students' 
diverse needs and interests. Library materials must be cataloged, inventoried, 
and disseminated through the library and be available to all users. These 
materials should be current and in good repair, selected according to district-
adopted, board-approved selection policies, and must reflect an appropriate 
balance among print, software, and electronic resources. In addition, an 
exemplary library program's collection should reflect the unique needs of the 
specific school population. Outdated and worn library materials should be 
regularly discarded, according to guidelines generally accepted by the library 
profession. Provisions should be made for access to information resources beyond 
the campus via interlibrary loan (within the district and outside the district), 
telecommunications, and technology. 
(1) Program Profile. An exemplary school library program will:
(A) provide a balanced collection of at least 12,000 books, software, and 
electronic resources at the school library program level (school library 
programs with enrollments exceeding 600 ADA must provide a minimum of 20 items 
per pupil); 
(B) offer real time access to the Internet, electronic databases, and full 
participation in statewide information sharing projects; 
(C) provide periodicals for students and staff (at least 45 subscriptions for 
elementary campuses; 50-125 subscriptions at middle school campuses; and 75-150 
subscriptions at high school campuses); 
(D) offer access to a full text periodical database; and, 
(E) provide students and staff with one local and at least one state or national 
news source, and access to a full text news database.
(2) Learner Impacts. The learner will, through one-on-one or group instruction: 
(A) access information easily as needed almost all of the time, from a wide 
variety of sources in multiple formats; 
(B) evaluate the validity, relevancy, and accuracy of information available; 
(C) use information in the synthesis of ideas and development of products; and, 
(D) make meaningful connections between classroom learning, information skills, 
and real-life situations. 
(d) Library Program Management. The exemplary library program has a manager who 
plans, organizes, staffs, directs, coordinates, reports, and budgets. This 
library program management includes strategic planning and this process results 
in the development of policies and procedures, long-range plans, and operational 
tasks that ensure a library program that provides exemplary service for 
students, teachers, and staff. Maximum program funding facilitates access for 
all learners to a certified librarian(s) and clerical staff and to sufficient 
library resources and materials. Exemplary funding levels are those where the 
district provides appropriate funds for staff, as indicated, and sufficient 
funds, but not less than three (3%) percent of the total instructional budget 
annually, to acquire library materials, equipment, and supplies in support of 
school library programs. District funding should be apportioned at the 
individual school library program level at this same or higher percentage. 
Additional funding should be budgeted to replace dated, worn, and missing 
materials and for special programs assigned to the campus. In order to provide 
information access at the point of need, funds should be allocated to staff the 
library beyond the instructional day and/or to provide electronic access to 
library resources from remote locations. Funds should be budgeted for 
professional development, as it provides library staff opportunities for 
continual self-assessment and professional growth through both academic and non-
academic experiences. Additional funds and release time should be allocated for 
professional development for librarians certified through alternative 
certification processes. 
(1) Staffing Program Profile. Based on the school's student enrollment, an 
exemplary school library program provides appropriate professional and support 
staff to facilitate access and equity for all learners and to allow for 
collaboration with teachers for total integration of resources into the 
curriculum. District level professional staff is also provided to coordinate all 
district school library programs, interpret national, state, and local 
standards, recommend or establish policy, and coordinate compatible technology 
development to facilitate the sharing of library resources and access by patrons 
at the point of need. District level staff also coordinates instructional 
efforts with district curriculum administrators. 
(A) If the school enrollment is 0 to 350 ADA, minimum school library staffing is 
1 certified librarian and 1 para-professional. 
(B) If the school enrollment is 351 to 700 ADA, minimum school library staffing 
is 1 certified librarian and 1.5 para-professional. 
(C) If the school enrollment is 701 to 1,050 ADA, minimum school library 
staffing is 2 certified librarians and 2 para-professionals. 
(D) If the school enrollment is 1,051 to 1,400 ADA, minimum school library 
staffing is 2 certified librarians and 3 para-professionals.
(E) If the school enrollment is 1,401 to 2,100 ADA minimum school library 
staffing is 3 certified librarians and 4 para-professionals.
(F) If the school enrollment is 2,101 or greater ADA minimum school library 
staffing is 1 additional certified librarian and 1.5 additional para-
professional staff for every 700 students. 
(G) If the number of schools in the district is 1 to 5; district level staffing 
is 1 all-level director/coordinator with other district duties.
(H) If the number of schools in the district is 6 to 15; district level staffing 
is 1 all-level director/coordinator. 
(I) If the number of schools in the district is 16 to 40; district level 
staffing is 1 all-level director/coordinator and 1 technical services certified 
librarian. 
(J) If the number of schools in the district is 41 to 81; district level 
staffing is 1 all-level director, 1 elementary-level coordinator and 1 technical 
services certified librarian. 
(K) If the number of schools in the district is 82 or greater; district level 
staffing is 1 all-level director, 1 elementary-level coordinator, 1 technical 
services coordinator, and 2 to 3 technical services specialist.
(2) Staffing Learner Impacts. The learner will: 
(A) have access to a certified school librarian during all hours of the 
instructional day and during extended hours who will provide access to 
information and instruction to support all areas of the curriculum to ensure 
both academic success and that the student's information and reading needs are 
met; 
(B) have the support of qualified para-professional staff; and, 
(C) benefit from coordination of library services throughout the district. 
(3) Funding Program Profile. An exemplary school library program: 
(A) receives appropriate funds for staff as indicated; 
(B) receives sufficient funds, but not less than three (3.0%) percent of the 
total instructional budget annually, to acquire library materials, equipment, 
and supplies in support of school library programs; 
(C) receives funds to provide access to staff and resources beyond the 
instructional day; and, 
(D) receives additional funds to replace dated, worn, and missing materials and 
for special programs assigned to the campus. 
(4) Funding Learner Impacts. The learner will: 
(A) have immediate access to superior resources that support all areas of the 
curriculum and satisfy the learner's diverse needs and encourage life-long 
learning; 
(B) have access at the point of need to superior facilities that house resources 
and facilitate learning; and, 
(C) have access to a certified librarian and support staff at all times during 
the instructional day and some access beyond the instructional day. 
(e) Facilities. Delivery of an exemplary school library program is influenced by 
a barrier-free learning environment that ensures immediate access at the point 
of need to a centralized collection of information resources and access to an 
electronically networked telecommunications infrastructure that includes access 
to voice, video, and data transmission. The exemplary school library is an 
inviting, accessible, and stimulating place with work space for individuals and 
small and large groups, for research, browsing, listening, viewing, reading, and 
producing materials for instructional purposes.
(1) Program Profile. An exemplary school library should be housed in a building 
or space that: 
(A) offers barrier-free access at a location designed to permit use before, 
during, and after the instructional day, and where appropriate, beyond the 
school year; 
(B) provides space proportionate to enrollment for students, teachers, and other 
users to engage in multiple learning experiences, as well as classroom space for 
direct instruction, conference space for small group study, and space for use of 
media, computers, and electronic information resources;
(C) provides space for a professional collection, planning space for faculty, a 
secured audiovisual room, office space for librarian(s) and support staff; and 
wired workroom space with areas for materials processing;
(D) provides an appealing, effective environment that is age-appropriate for 
students and reflective of their interests, the community, and instructional 
programs; 
(E) has a lighting management system and an energy management system that 
ensures a draft-free and comfortable environment that is appropriate for 
preservation of materials and equipment and includes sufficient electrical 
outlets to support necessary usage; 
(F) provides for displays of student work and curriculum-related materials and 
for faculty and community-produced materials and collections;
(G) allows for expansion and remodeling to accommodate a changing information 
technology environment; 
(H) has space available that includes, where appropriate, secured entrances and 
exits with exit-only doors, ergonomic office furniture (desks, chairs), a sink, 
adjustable areas (shelving, etc.), cabinets, electrical outlets and dataports as 
necessary (phone, fax, telecommunications, etc.), and appropriate storage and 
production areas; and, 
(I) provides access to national, state, district-wide, and local electronic 
information resources through digital drops and cable and fiber optic 
capabilities for library functions (circulation, catalogs, and 
telecommunications) and networked resources. 
(2) Learner Impacts. The learner, through access to a stimulating and inviting 
school library, will: 
(A) be provided with an appealing, effective environment in which to work and 
learn individually or as part of a group; 
(B) have multiple opportunities for using information resources at the point of 
need; 
(C) use problem-solving models independently, as well as in consultation with 
peers in a cooperative learning environment; and, 
(D) have immediate access at all grade levels to campus and district resources 
via school and district electronic networked telecommunications infrastructure. 

sec.4.5.Recognized School Library Program.
(a) Library Learning Environment. The school library program develops skills and 
attitudes preparing students to be learners in an information-rich society. To 
prepare students, the library program provides a setting for learning with 
access to resources. This modified flexibly-scheduled program provides learners 
with selected, organized resources that enhance the curriculum within a central 
facility. Blocks of time are available for flexible scheduling based on planned 
curriculum needs. Individuals and small groups of students have some access to 
the library during and beyond the instructional day.
(1) Program Profile. A recognized school library program: 
(A) provides a carefully selected, organized collection of library resources 
that is monitored for relevance in each subject area; 
(B) ensures a centrally located resource environment; 
(C) provides information through modified flexible-access to resources and 
technologies; and 
(D) maintains access to staff and resources during the instructional day, with 
some access before or after school. 
(2) Learner Impacts. The learner will: 
(A) develop the ability to think and solve problems in a school situation and in 
a variety of situations encountered in life; 
(B) develop an appreciation of literature and an interest in reading; 
(C) be able to work individually, in small groups, or as part of a class; 
(D) have some access to the library facility at the point of need as well as at 
regularly scheduled times; and, 
(E) have access to staff and resources beyond the instructional day at the 
facility or through electronic means. 
(b) Curriculum Integration. Much learning occurs when both process and content 
are integrated, and learners are involved in a continuous way in the process of 
problem-solving and assessment to develop information literacy and promote life-
long learning. 
(1) Program Profile. In a recognized school library program, the school 
librarian will: 
(A) collaborate regularly with teachers to cooperatively plan curriculum and 
learning experiences; 
(B) offer library resources and activities for cooperatively planned projects in 
a modified flexibly-scheduled environment; 
(C) offer students instruction in the use of the library for completion of 
teacher-developed activities that require active use of information to solve 
problems; 
(D) facilitate the use of technology for accessing, retrieving, and using 
relevant information; and, 
(E) teach information skills primarily within curriculum context.
(2) Learner Impacts. The learner will: 
(A) read different types of literature and use a variety of information 
resources for basic needs and to fulfill class assignments; 
(B) use technology as a tool for accessing and retrieving information; 
(C) work independently and choose appropriate solutions to problems; and, 
(D) extract details and concepts from resources and evaluate and integrate 
information to create meaning that connects prior knowledge and draws 
conclusions. 
(c) Resources. Resources available in and/or accessible through the school 
library provide students and faculty opportunities for reading and life-long 
learning, support the curriculum, and meet most students' needs and interests. 
Library materials must be cataloged, inventoried, and disseminated through the 
library and be available to all users. These materials should be current and in 
good repair, selected according to district-adopted, board-approved selection 
policies, and must reflect an appropriate balance among print, software, and 
electronic resources. In addition, a recognized library program's collection 
should provide some materials that reflect the unique needs of the specific 
school population. Outdated and worn materials should be regularly discarded 
according to guidelines generally accepted by the library profession. Provisions 
should be made for access to information resources beyond the campus via 
telecommunications and technology. 
(1) Program Profile. A recognized school library program will:
(A) provide a balanced collection of at least 10,800 books, software, and 
electronic resources at the school library program level (school library 
programs with enrollments exceeding 600 ADA must provide a minimum of 18 items 
per pupil); 
(B) offer real time access to the Internet, electronic databases, and 
participation in statewide information sharing projects; 
(C) provide periodicals for students and staff (at least 35 subscriptions for 
elementary campuses; 45-70 subscriptions at middle school campuses; and 55-125 
subscriptions and access to a full text periodical database at high school 
campuses); and, 
(D) have access to one local, one state or national news source, and access to a 
full text news database. 
(2) Learner Impacts. The learner will: 
(A) be able to easily access information as needed most of the time, from a 
variety of sources in multiple formats; 
(B) evaluate the validity, relevancy, and accuracy of information available; 
(C) use information in the synthesis of ideas and development of products; and, 
(D) make meaningful connections between classroom learning, information skills, 
and real life situations. 
(d) Library Program Management. The recognized library program has a manager who 
plans, organizes, staffs, directs, coordinates, reports, and budgets. This 
library program management includes regular, on-going planning which results in 
the development of policies and procedures, long-range plans, and operational 
tasks that ensure a library program that provides a high level of service for 
students, teachers, and staff. Maximum funding for certified librarian and 
clerical staff facilitates access and equity for all learners. Recognized 
funding levels are those where the district provides appropriate funds for 
staff, as indicated, and sufficient funds, but not less than two (2%) percent of 
the total instructional budget annually, to acquire library resources, 
equipment, and supplies in support of school library programs. District funding 
should be apportioned at the individual school library program level at the same 
percent or higher. Additional funding should be budgeted to replace dated, worn, 
and missing materials and to purchase materials to support special programs 
assigned to the campus. Funds should be budgeted for professional development, 
as it provides library staff opportunities for continual self-assessment and 
professional growth through both academic and non-academic experiences. 
Additional funds and release time should be allocated for professional 
development for librarians certified through alternative certification 
processes. 
(1) Staffing Program Profile. Based on the school's student enrollment, a 
recognized school library program provides appropriate professional and support 
staff to facilitate access and equity for learners and to allow for some 
collaboration with teachers and some integration of resources into the 
curriculum. District level professional staff is also provided to interpret 
national, state, and local standards, recommend or establish policy, and 
coordinate school library programs, library technology, and curriculum 
integration. 
(A) If the school enrollment is 0 to 350 ADA, minimum school library staffing is 
1 certified librarian and 0.5 para-professional. 
(B) If the school enrollment is 351 to 700 ADA, minimum school library staffing 
is 1 certified librarian and 1 para-professional. 
(C) If the school enrollment is 701 to 1,050 ADA, minimum school library 
staffing is 1 certified librarian and 1.5 para-professionals.
(D) If the school enrollment is 1,051 to 1,400 ADA, minimum school library 
staffing is 2 certified librarians and 2 para-professionals.
(E) If the school enrollment is 1,401 to 2,100 ADA minimum school library 
staffing is 2 certified librarians and 3 para-professionals.
(F) If the school enrollment is 2,101 or greater ADA minimum school library 
staffing is 1 additional certified librarian and 1 additional para-professional 
staff for every 700 students. 
(G) If the number of schools in the district is 1 to 5; district level staffing 
is 1 all-level director/coordinator with other campus duties.
(H) If the number of schools in the district is 6 to 15; district level staffing 
is 1 all-level director/coordinator with other district duties and 1 technical 
services specialist.
(I) If the number of schools in the district is 16 to 40; district level 
staffing is 1 all-level director/coordinator and 1 technical services certified 
librarian.
(J) If the number of schools in the district is 41 to 81; district level 
staffing is 1 all-level district coordinator and 1 technical services certified 
librarian.
(K) If the number of schools in the district is 82 or greater; district level 
staffing is 1 all-level director/coordinator and 1 technical services 
coordinator.
(2) Staffing Learner Impacts. The learner will:
(A) have access during and beyond the instructional day to a certified librarian 
who will provide access to information and instruction to support all areas of 
the curriculum to ensure academic success and to ensure that the student's 
information and reading needs are met;
(B) have the support of qualified para-professional staff; and, 
(C) benefit from coordination of library services throughout the district. 
(3) Funding Program Profile. A recognized school library program: 
(A) receives appropriate funds for staff as indicated; 
(B) receives sufficient funds, but not less than two percent (2%) of the total 
instructional budget, to acquire library materials, equipment, and supplies in 
support of school library programs; and, 
(C) receives additional funds to replace dated, worn, and missing materials and 
for special programs assigned to the campus. 
(4) Funding Learner Impacts. The learner will: 
(A) have access to adequate resources that support all areas of the curriculum 
and satisfy the learner's diverse needs and encourage life-long learning; 
(B) have access to adequate facilities that house resources and facilitate 
learning; and, 
(C) have adequate access to a certified librarian and support staff during the 
instructional day and some access to staff beyond the instructional day. 
(e) Facilities. Delivery of a recognized school library program is influenced by 
a barrier-free learning environment that ensures availability of a centralized 
collection of information resources and access to electronic information that 
includes a variety of types of data transmission. The recognized school library 
is an inviting, accessible, and stimulating place for individuals and small 
groups, for research, browsing, listening, viewing, and reading.
(1) Program Profile. A recognized school library program is housed in a building 
or space that: 
(A) has barrier-free access at a location designed to permit full access during 
the instructional day and some access after school hours and is designed to 
support a school population engaged in a variety of types of learning 
experiences; 
(B) provides space for students, teachers, and other users to access, use, and 
communicate information from both internal and external sources, as well as 
space for direct instruction; 
(C) provides some space for a professional collection, an audiovisual area, 
office for the library manager(s) and office space for support staff, and wired 
workroom space; 
(D) provides an appealing, effective environment which is age-appropriate for 
students and reflective of their interests, the community, and instructional 
programs; 
(E) has a lighting management system and is designed to ensure a draft-free and 
comfortable environment that is appropriate for preservation of materials and 
equipment with adequate electrical outlets to support necessary usage; 
(F) provides for displays of student work and curriculum-related materials; 
(G) allows for some expansion and remodeling to accommodate a changing 
information technology environment; 
(H) has space available that includes, where appropriate, secured entrances and 
exits, ergonomic office furniture, adjustable shelving, cabinets, and electrical 
outlets as necessary (phone, fax, telecommunications, etc.); and, 
(I) provides access to networks, such as local and regional public and academic 
libraries and national and statewide networked information, appropriate wiring 
for library technology functions (circulation, catalogs, and 
telecommunications), and networked resources. 
(2) Learner Impacts. The learner, through access to an inviting school library, 
will: 
(A) be provided with an appealing, effective environment in which to work and 
learn individually or as part of a group; 
(B) effectively use multiple resources; 
(C) demonstrate creativity as well as decision-making, reasoning, and problem-
solving processes when approaching new or unfamiliar situations; and, 
(D) demonstrate the ability to independently and with peers in an effective 
manner. 

sec.4.6.Acceptable School Library Program. 
(a) Library Learning Environment. The school library program develops skills and 
attitudes enabling students to successfully complete curriculum assignments. To 
prepare students, the library program provides a setting for learning with 
access to basic resources. This modified flexibly-scheduled program provides 
learners with resources that support the curriculum. Flexible scheduling is 
limited and the library may be closed occasionally during the instructional day. 
Access to facilities or resources is occasionally offered beyond the 
instructional day. 
(1) Program Profile. An acceptable school library program:
(A) provides primarily basic resources to support curriculum and student 
assignments; 
(B) provides information through limited access to resources and technologies 
throughout the instructional day; 
(C) serves individuals and small groups on a limited basis; and, 
(D) provides limited access to professional staff. 
(2) Learner Impacts. The learner will: 
(A) develop some ability to solve problems and complete curriculum-related 
assignments; 
(B) understand the Dewey Decimal system and be able to access appropriate 
resources to meet the student's information needs; and, 
(C) have adequate but controlled access to professional staff, library 
facilities, and resources. 
(b) Curriculum Integration. Basic integration of content and process has 
contributed to student learning. Learners who have exposure to some of the 
process of problem-solving and assessment develop basic information skills. 
(1) Program Profile. In an acceptable school library program, the school 
librarian will: 
(A) adhere to a modified flexible-schedule with controlled access to library 
resources for students and teachers; 
(B) accept classes on advance request but with minimal prior planning or joint 
information gathering; 
(C) teach library media lessons and provide individual reference assistance and 
introduce students and teachers to the use of technology as a tool for 
accessing, gathering, and using relevant information; and, 
(D) attend grade level and/or departmental meetings with classroom teachers and 
plan some lessons to correlate with studies in content areas and facilitate book 
selections. 
(2) Learner Impacts. The learner will: 
(A) select appropriate reading materials and certain types of books and other 
media, usually on one subject or from one author; 
(B) complete teacher-directed or library-specific projects;
(C) have the ability to access computers and other information technologies; 
(D) need help in formulating specific questions that focus on problem-solving 
and/or information needs; and, 
(E) extract information effectively from primarily one type of resource; use one 
or two ways to organize information, create meaning; and draw conclusions with 
some knowledge of performance assessment and improvement.
(c) Resources. Resources available in the school library provide students and 
faculty some opportunities for reading and learning, provide limited support for 
areas of the curriculum, and meet students' basic needs with minimal support for 
additional interests. Library materials must be cataloged, inventoried, and 
disseminated through the library and be available to all users. Basic level 
materials should be current although supplemental materials may be somewhat 
dated. All library materials are in good repair, selected according to district-
adopted, board-approved selection policies and must reflect some balance among 
print, software, and electronic resources. Obsolete and worn materials should be 
regularly discarded according to guidelines generally accepted by the library 
profession. Some provisions are made for access to information resources beyond 
the campus. 
(1) Program Profile. An acceptable school library program will: 
(A) provide a balanced collection of at least 9,000 books, software, and 
electronic resources at the school library program level (school library 
programs with enrollments exceeding 600 ADA must provide a minimum of 15 items 
per pupil); 
(B) offer entry-level access to the Internet, electronic databases, and 
participation in statewide information sharing projects; 
(C) provide periodicals for students and staff (at least 20 subscriptions for 
elementary campuses; 40-70 subscriptions at middle school campuses; and 45-75 
subscriptions at high school campuses); 
(D) offer access to a periodical database; and, 
(E) provide one local and one state or national news source, and access to a 
full text news database. 
(2) Learner Impacts. The learner will: 
(A) access information easily and frequently, from a number of sources in 
multiple formats; 
(B) evaluate the validity, relevancy, and accuracy of information available; 
(C) use that information in the synthesis of ideas and development of products; 
and, 
(D) make meaningful connections between classroom learning and information 
skills. 
(d) Library Program Management. The acceptable library program has a manager who 
plans, organizes, staffs, directs, coordinates, reports, and budgets. This 
library program management includes planning and this process results in the 
development of policies, procedures, and operational tasks that provide the 
basis for acceptable service for students, teachers, and staff. Maximum program 
funding facilitates adequate access for all learners to certified librarian and 
clerical staff. Acceptable funding levels are those where districts provide 
appropriate funds for staff, as indicated, and sufficient funds, but not less 
than one percent (1.0%) of the total instructional budget annually, to acquire 
library materials, equipment, and supplies in support of school library 
programs. District funding should be apportioned at the individual school 
library program level at this same or higher percentage. Additional funding 
should be budgeted for special programs assigned to the campus. Funds should be 
budgeted for professional development as it provides library staff opportunities 
for continual self-assessment and professional growth through both academic and 
non-academic experiences. Additional funds and release time for professional 
development should be allocated for librarians certified through alternative 
certification processes. 
(1) Staffing Program Profile. Based on the school's student enrollment, an 
acceptable school library program provides appropriate professional and support 
staff to facilitate access and equity for learners and to allow for periodic 
collaboration with teachers and some integration of resources into the 
curriculum. District level professional staff is also provided to interpret 
national, state, and local standards, recommend policy, and coordinate school 
library programs and technology. 
(A) If the school enrollment is 0 to 350 ADA, minimum school library staffing is 
1 certified librarian. 
(B) If the school enrollment is 351 to 700 ADA, minimum school library staffing 
is 1 certified librarian and .5 para-professional. 
(C) If the school enrollment is 701 to 1,050 ADA, minimum school library 
staffing is 1 certified librarian and 1 para-professionals.
(D) If the school enrollment is 1,051 to 1,400 ADA minimum school library 
staffing is 1 certified librarian and 2 para-professionals.
(E) If the school enrollment is 1,401 to 2,100 ADA minimum school library 
staffing is 2 certified librarians and 2 para-professionals.
(F) If the school enrollment is 2,101 or greater ADA, minimum school library 
staffing is 1 additional certified librarian and 0.5 additional para-
professional staff for every 700 students.
(G) If the number of schools in the district is 1 to 5; district level staffing 
is 1 certified librarian with additional campus or district duties.
(H) If the number of schools in the district is 6 to 15; district level staffing 
is 1 all-level director/coordinator with additional district duties. 
(I) If the number of schools in the district is 16 to 40; district level 
staffing is 1 all-level director/coordinator.
(J) If the number of schools in the district is 41 to 81; district level 
staffing is 1 all-level district coordinator and 1 technical services 
specialist. 
(K) If the number of schools in the district is 82 or greater; district level 
staffing is 1 all-level director/coordinator and 1 technical services 
coordinator. 
(2) Staffing Learner Impacts. The learner will:
(A) have access during the instructional day to a certified librarian who will 
provide access to information and provide instruction in library use;
(B) have the support of qualified para-professional staff; and, 
(C) benefit from the coordination of library services throughout the district.
(3) Funding Program Profile. An acceptable school library program:
(A) receives appropriate funds for staff as indicated; 
(B) receives sufficient funds, but not less than one (1%) percent of the total 
instructional budget annually, to acquire library materials, equipment, and 
supplies in support of its program; and, 
(C) receives additional funds for special programs assigned to the campus. 
(4) Funding Learner Impacts. The learner will: 
(A) have adequate, but limited access to necessary resources, limiting 
opportunity for student academic achievement; 
(B) have basic access to facilities that house resources and facilitate 
learning; and, 
(C) have scheduled access to a certified librarian. 
(d) Facilities. Delivery of an acceptable school library program is influenced 
by a barrier-free environment that makes available a centralized collection of 
information resources and some access to electronic information. The school 
library is an accessible place for research, browsing, reading, and basic 
listening and viewing by individuals and classroom groups 
(1) Program Profile. An acceptable school library program is housed in a 
building or space that: 
(A) is barrier-free, designed to support the student population, and offers 
basic access during school hours; 
(B) provides space for students and some teachers to access and use information, 
as well as some space for instruction; 
(C) provides limited space for professional materials, audiovisual resources, 
administrative space, workspace, and wiring as needed for equipment;
(D) provides an effective entry-level environment for students reflective of 
their interests and instructional programs; 
(E) has appropriate lighting, an environment that is comfortable but may be 
difficult to regulate, and basic electric outlets; 
(F) provides for displays of student work; 
(G) allows for limited remodeling to accommodate a changing information 
technology environment; 
(H) has space available for necessary and appropriate office furniture, 
adjustable shelving, storage units, and minimal office electrical wiring, and, 
(I) provides dedicated access to networks and statewide networked information. 
(2) Learner Impacts. The learner, through access to a basic library media 
center, will: 
(A) be provided with an environment in which to work and learn individually or 
as part of a classroom group; 
(B) learn to use resources; 
(C) be provided limited opportunities to participate in creative activities, as 
well as in decision-making, reasoning, and problem-solving processes; and, 
(D) have minimal opportunity to work productively with peers in group situations 
because of limited flexible scheduling and/or a lack of individual and small 
group space. 

sec.4.7.Below Standard School Library Program.
(a) Library Learning Environment. The school library program develops limited 
skills and attitudes and enables students to complete some curriculum 
assignments. The library program provides a setting with limited resources and 
limited access. Access is generally limited to scheduled class times with very 
little access at the time of need. 
(1) Program Profile. A school library program that is below standard: 
(A) provides minimal or limited access to professional staff and support staff; 
(B) provides limited resources to support curriculum and student assignments and 
leaves some areas of the curriculum unsupported; 
(C) has limited class or individual access to resources throughout the 
instructional day; and, 
(D) offers little or no access to the library or staff beyond the instructional 
day. 
(2) Learner Impacts. The learner will: 
(A) develop a limited ability to solve problems and may have difficulty 
completing curriculum-related assignments; 
(B) have difficulty locating information and using the Dewey Decimal System to 
access appropriate resources to meet the student's information needs; 
(C) have limited or minimal access during the instructional day to staff, 
library facilities, and resources; and 
(D) be scheduled in the school library primarily to provide teacher release or 
preparation time. 
(b) Curriculum Integration. Learning occurs in isolation from the curriculum 
when process and content are not integrated. In this isolated environment, 
learners do not develop problem-solving skills, lack assessment skills, and have 
lower levels of literacy with limited interest in reading or learning beyond 
school assignments. 
(1) Program Profile. 
(A) In a school library program that is below standard, the elementary librarian 
will: 
(i) meet with classes on a fixed schedule; 
(ii) teach traditional and minimal library skills in isolation from curriculum 
content; 
(iii) use a traditional teaching approach with lectures and worksheets; and, 
(iv) not have regularly scheduled opportunities for cooperative planning with 
teachers. 
(B) In a school library program that is below standard, the secondary librarian 
will: 
(i) have minimal or no opportunities for cooperative planning with teachers as 
they collect their own specialized departmental materials;
(ii) primarily gather and distribute equipment and library materials requested 
by teachers; 
(iii) teach classes on a fixed schedule with language arts and English classes 
typically looking for book report and research paper information; and, 
(iv) teach, on rare occasions, traditional and minimal (primarily print-based) 
library skills in isolation from curriculum content, usually through lectures 
and worksheets. 
(2) Learner Impacts. The learner will: 
(A) experience little, if any, reading enjoyment or read only a portion of what 
is assigned using the easiest and single source, and overuse certain types of 
media; 
(B) use technology for games, electronic worksheets, and network bulletin 
boards; 
(C) work best with one-on-one guidance and with problems that have only one 
answer; 
(D) realize little or no relationship between library skills instruction and 
classroom curriculum; and, 
(E) lack information literacy skills. 
(c) Resources. Resources available in the school library provide limited 
opportunities for reading and learning. Few areas of the curriculum are 
supported by current materials and resources rarely fully meet student needs and 
provide little material for student interests. Library materials are cataloged, 
inventoried, and disseminated through the library but may not be available to 
all users. Resources are generally less current and may be in need of repair or 
replacement. Library materials are generally purchased from library jobber 
collection lists and catalogs. Library materials are culled infrequently. Little 
balance is reflected among print, software, and electronic resources. Few, if 
any, provisions are made for access to information resources beyond the campus. 
(1) Program Profile. A school library program that is below standard: 
(A) provides a collection of at least 7,200 books, software, and electronic 
resources at the school library program level (school library programs with 
enrollments exceeding 600 ADA must provide a minimum of 12 items per pupil); 
(B) provides periodicals for students and staff (at least 15 subscriptions for 
elementary campuses, 30-50 subscriptions at middle school campuses, and 50-70 
subscriptions at high school campuses); and, 
(C) offers access to one local and one state or national news source. 
(2) Learner Impacts. The learner will: 
(A) access information only occasionally and with some difficulty, from a 
limited number of sources in limited formats; and, 
(B) lack information literacy skills. 
(d) Library Program Management. Library program management is limited to 
immediate needs with little planning for the future. Policies and procedures and 
operational tasks may be formulated to meet immediate needs. Funding provides 
limited access for learners to certified librarian and clerical staff. Funding 
levels that are below standard are those where districts provide appropriate 
funds for staff, as indicated, and minimal funding, but not less than one-half 
of one percent (.5%) of the total instructional budget annually to acquire 
library materials, equipment, and supplies in support of school library 
programs. District funding should be apportioned at the individual school 
library program level at the same or higher percent. Some funds are budgeted for 
professional development, as it provides library staff opportunities for 
continual self-assessment and professional growth through both academic and non-
academic experiences. 
(1) Staffing Program Profile. Based on the school's student enrollment, a school 
library program that is below standard provides professional and support staff 
to provide limited access to the library program. Staffing is not sufficient to 
permit collaboration with teachers or to provide integration of resources into 
the curriculum. Limited district level professional staff is provided to 
interpret national, state, and local standards, recommend policy, or coordinate 
school library programs and technology. 
(A) If the school enrollment is 0 to 350 ADA, minimum school library staffing is 
0 certified librarian and 1 para-professional. 
(B) If the school enrollment is 351 to 700 ADA, minimum school library staffing 
is 0.5 certified librarian and 1 para-professional. 
(C) If the school enrollment is 701 to 1,050 ADA, minimum school library 
staffing is 1 certified librarian and 0.5 para-professionals. 
(D) If the school enrollment is 1,051 to 1,400 ADA, minimum school library 
staffing is 1 certified librarian and 1 para-professional.
(E) If the school enrollment is 1,401 to 2,100 ADA, minimum school library 
staffing is 1 certified librarian and 2 para-professionals.
(F) If the school enrollment is 2,101 or greater ADA, minimum school library 
staffing is 0.5 additional certified librarian and 1 additional para-
professional staff for every 700 students.
(G) If the number of schools in the district is 1 to 40; district level staffing 
is 1 certified librarian with other campus duties. 
(H) If the number of schools in the district is 41 to 81; district level 
staffing is 1 all-level director/coordinator with other district duties and 1 
technical services coordinator.
(I) If the number of schools in the district is 82 or greater; district level 
staffing is 1 all-level director/coordinator and 1 technical services 
coordinator. 
(2) Staffing Learner Impacts. The learner will: 
(A) not have immediate and equitable access to a certified librarian;
(B) have significantly limited access to necessary resources that ensure 
academic success; and, 
(C) have little or no assistance in locating and evaluating electronic 
resources.
(3) Funding Program Profile. A school library program that is below standard: 
(A) receives funds for staff as indicated; 
(B) receives minimal funding, but not less than one-half of one percent (.5%) of 
the total instructional budget to purchase library materials, equipment, and 
supplies in support of its program. 
(4) Funding Learner Impacts. The learner will: 
(A) have significantly limited access to current information and resources 
necessary to ensure academic success; and, 
(B) have limited access to facilities that house resources and facilitate 
learning. 
(e) Facilities. Delivery of a school library program that is below standard is 
influenced by an adaptive environment that makes available a collection of 
information resources with limited, if any, access to electronic information. 
The school library is serviceable but uninviting and may be inconveniently 
located with little or no space for either small or large groups or classroom 
groups. Students in this below standard environment may browse, read, do some 
research, and have limited, if any, listening or viewing opportunities. 
(1) Program Profile. A school library program that is below standard is housed 
in a building or space that: 
(A) has a barrier-free design with limited access during school hours and a 
design that does not adequately support the school population;
(B) provides limited space for students to access and use information with 
limited space for instruction; 
(C) provides inadequate or no space for professional materials and audio-visual 
resources, and lacks an administrative office and workspace;
(D) has inappropriate lighting, an environment that cannot be regulated, and 
minimal electrical outlets; 
(E) does not allow for remodeling, creating difficulties in a changing 
information technology environment; 
(F) has limited space for office furniture; inadequate and non-adjustable 
shelving; little, if any, storage areas; and inadequate wiring; and, 
(G) provides no access to electronic networks. 
(2) Learner Impacts. The learner will: 
(A) be unable to learn to use resources; 
(B) lack information literacy skills; 
(C) lack creativity, decision-making, reasoning, and problem-solving processes; 
and, 
(D) be unable to work productively with peers. 
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 June 27, 1997.
TRD-9708379
Raymond Hitt
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: July 17, 1997
Proposal publication date: April 1, 1997
For further information, please call: (512) 463-5460

TITLE 25. HEALTH SERVICES
PART XVI. Texas Health Care Information Council
CHAPTER 1301.Health Care Information Collection and Reporting of Health Plan 
Employer Data and Information Set (HEDIS) from Health Maintenance Organization 
(HMO's)
25 TAC sec.sec.1301.31-1301.35
The Texas Health Care Information Council (the Council) adopts new sec.1301.31-
1301.35, concerning the collection and reporting of Health Plan Employer Data 
and Information Set (HEDIS) from health maintenance organizations (HMOs). 
Sections 1301.32, 1301.33, and 1301.35 are adopted with changes to the proposed 
text as published in the March 7, 1997, issue of the Texas Register (22 TexReg 
2481). New sec.1301.31 and 1301.34, are adopted without changes in the proposed 
text and will not be republished. The new sections define terms used in the 
collection and reporting of HEDIS data; establish procedures for the collection 
and reporting of HEDIS data; establish procedures for the verification of HEDIS 
data; and notify entities of the statutory authority for the imposition of civil 
penalties for failure to comply. The new sections facilitate implementation of 
the statewide health care data collection system mandated by the 74th 
Legislature with the passage of H.B. 1048, codified in Title 2, Health and 
Safety Code, sec.sec.108.1-108.15. Specifically sec.108.9(o) requires HMOs to 
submit to the Council annually HEDIS data by service area. HEDIS data is an 
integral part of the statewide health care data collection system the Council is 
charged to develop by sec.108.6(a) "to facilitate the promotion and 
accessibility of cost-effective, good quality health care." 
The published notice of the proposed rules established an April 10 deadline for 
the furnishing of written comments. The following organizations presented 
written comments before the expiration of the deadline: NYLCare Health Plans; 
Total Vision Health Plans; Southwestern Medical School; and the Office of Public 
Insurance Counsel. Two comments were submitted after the April 10 deadline from 
the following organizations: Humana Health Care Plans of Texas (via Internet); 
and Harris Methodist Health, Inc. The Council conducted a public hearing on the 
proposed sections April 10, 1997, in Austin, at which three organizations, Total 
Vision Health Plans, Harris Methodist Health System, and the Office of Public 
Insurance Counsel, presented testimony. Members of the Council also met 
informally with representatives of affected interest groups to receive 
additional input. The Council has considered all written and verbal comments, 
including written comments received after the April 10, 1997 deadline, before 
adopting the final sections. 
The Council received no comments on sec.sec.1301.31, 1301.32, and 1301.34. 
Section 1301.31 describes the reason for requiring HMO reporting. Section 
sec.1301.32 defines terms, positions, and entities used in the adopted sections. 
These definitions clarify which entities are charged with compliance, the data 
to be reported, and to whom the data is to be reported. The section as adopted 
expands the definition of HEDIS and adds the definition of a Single Service HMO. 
Section 1301.34 requires verification of HEDIS data submitted by HMOs, requires 
independent auditors to perform the verifications, and places responsibility for 
the auditing costs on the HMOs furnishing the data. Independent verification of 
data is necessary to assure the Council's receipt of the highest quality data 
possible. 
The Council received several comments on sec.1301.33. The comments are best 
characterized as being for the proposal with suggestions for clarifying changes. 
Two commenters noted that subsection (a) of this section does not exempt HMOs 
from reporting HEDIS data when these HMOs perform services under capitation 
contracts with other HMOs and consequently do not have access to complete HEDIS 
measures. The Council agrees. As adopted sec.1301.33(a) excludes HMOs that 
perform services as secondary providers from HEDIS reporting requirements so 
long as these HMOs report to the primary HMOs which, in turn, report the 
required HEDIS data to the Council. 
One commenter recommended that the Council expand the section's coverage to 
require the Consumer Assessment of Health Plans Study (CAHPS) questionnaire, and 
supplemental questionnaires as appropriate, for commercial, Medicare and 
Medicaid populations from all HMOs, using an independent vendor at the Council's 
expense. The Council disagrees with this proposal. Council staff has researched 
the costs associated with surveying 400 to 600 members per plan. With 65 HMOs 
licensed or pending licensure in this state, the cost, according to estimates 
obtained from the Health Care Financing Administration (HCFA) and from other 
consultants, could range from $195,000 to $750,000. The Council's appropriated 
funds do not justify an expenditure in this range. Additionally, in accordance 
with Health and Safety Code, sec.108.009(b) the Council has determined to 
implement the reporting of data in stages "to allow for the development of 
efficient systems for the collection and submission of data." 
One commenter recommended that the Council include in its 1997 data collecting 
requirements certain measures which are currently in the National Committee for 
Quality Assessment (NCQA) HEDIS testing set. The Council disagrees with this 
suggestion. Counsel has advised that the inclusion of additional data collecting 
requirements not included in the proposed section would constitute a substantial 
change requiring republication of the proposed rule. Furthermore, in accordance 
with Health and Safety Code, sec.108.9(b) the Council has determined to 
implement the collecting and reporting of data in stages "to allow for the 
development of efficient systems for the collection and submission of data." 
Finally, the Council is concerned about data integrity and chooses not to adopt 
data collecting rules which conflict with the NCQA HEDIS reporting set. 
One commenter observed that subsection (f) of sec.1301.33 as proposed referred 
to Annual Member Health Care Surveys, but that the correct reference was to 
CAHPS. The Council agrees but has decided not to adopt subsection (f) at this 
time. 
The Council received a single comment on sec.1301.35. The commenter requested 
that the Council publish the dollar amount of the fine in the rule. The Council 
agrees with this comment, and the adopted section sets out the full range of 
possible assessments. Additionally, the adopted section substitutes the term 
"civil penalty" for the word "fine" to achieve consistency with sec.108.014 of 
Chapter 108 of the Health and Safety Code. 
The Council received several comments unrelated to the specific sections 
proposed on March 7, 1997. To avoid confusion the Council elects not to include 
a summary of these comments in this preamble. The comments are available for 
public inspection at the Council's offices. 
A comment was made that paragraph six of the preamble to the proposed rule, 
which refers to anticipated costs of the audit, implies that costs will vary 
depending on whether or not a plan has collected HEDIS in the past, and 
depending on whether or not a plan belongs to a coalition. The comment clarified 
for the Council that variation in costs of the audit will depend on whether the 
plan is undergoing a full or partial audit in a given year. Health plans 
reporting under HEDIS will perform a full or a partial audit in a given year as 
required by NCQA guidelines. The Council agrees with this comment. 
The new sections are adopted under the Health and Safety Code, sec.108.6(a), 
sec.108.9(o) and sec.108.10(a). The Council interprets sec.108.6(a) as 
authorizing it to adopt rules necessary to carry out Chapter 108, including 
rules concerning data collection requirements. The Council interprets 
sec.108.9(o) as authorizing it to obtain HEDIS data annually from HMOs. The 
Council interprets sec.108.10(a) as authorizing it to adopt rules for the 
collection of data reflecting provider quality, including HMOs.

sec.1301.32.Definitions.
The following words and terms, when used in this chapter, shall have the 
following meanings, unless the context clearly indicates otherwise.
Council-The Texas Health Care Information Council.
Executive director-The chief administrative officer of the Council, or, in the 
event the Council is without an executive director, the person designated by the 
chairperson of the Council to perform the functions and exercise the authority 
of the executive director.
HEDIS-An acronym for the Health Plan Employer Data and Information Set, Version 
3.0, published by the National Committee for Quality Assurance. HEDIS is a set 
of standardized performance measures, designed to allow for the reliable 
comparison of the performance of managed care health plans. HEDIS covers a broad 
range of areas: effectiveness of care, accessibility/availability of care, 
satisfaction with the experience of care, cost of care, stability of the health 
plan, informed health care choices, use of services, and plan descriptive 
information. HEDIS is a registered trademark of NCQA. A copy is on file and 
available for review during normal working hours at the Texas Health Care 
Information Council, 4900 North Lamar, OOL-3407, Austin, Texas 78751. Copies may 
be purchased from the National Committee for Quality Assurance, 2000 L Street, 
N.W., Suite 500, Washington, D.C. 20036.
HEDIS data-The information the health maintenance organization collects and 
reports to the Council in accordance with the provisions of this chapter.
HMO-A health maintenance organization as defined in Texas Health Maintenance 
Organization Act, Texas Insurance Code, Article 20A.2(j), Texas Civil Statutes.
NCQA-The National Committee for Quality Assurance.
Reporting set measures-Those measures specified as "Reporting Set Measures" in 
the HEDIS 3.0 Manual and specified as such during the year in which the HEDIS 
data is collected.
Service area-The area in which the HMO is licensed to serve its population.
Single Service HMO-A HMO offering a single health care service as defined in 
Texas Health Maintenance Organization Act, Texas Insurance Code, Article 
20A.02(r), Texas Civil Statutes.
Testing set measures-Those measures specified as "Testing Set Measures" in the 
HEDIS 3.0 Manual and specified as such during the year in which the HEDIS data 
is collected.

sec.1301.33.Collection and Reporting of Health Plan Employer Data and 
Information Set (HEDIS) Data by Health Maintenance Organizations (HMOs).
(a) Any health maintenance organization (HMO) operating in the State of Texas on 
December 1, 1996, and on that date each year thereafter, shall have a system in 
place to collect the full HEDIS data set, and shall be required to report HEDIS 
data, collected during the next calendar year. The Council shall update this 
rule as necessary by November 15th of each year, to reflect changes in 
legislation, the current version of HEDIS, and other appropriate mandates. 
Single service HMOs which contract as secondary providers with other HMOs to 
provide services to covered lives which are the same lives covered by the 
primary HMO, shall report data as necessary to fulfill data reporting 
requirements under this rule to the primary HMO, which will report HEDIS data to 
the Council. Single service HMOs, which contract directly with employers to 
provide specific services, shall report HEDIS data directly to the Council. 
Basic HMOs which contract as secondary providers with other basic HMOs to 
provide a range of health care services normally considered to be full health 
coverage on a specified group of covered lives, e.g. ages 0 to 18 year olds, 
shall report complete HEDIS data to primary HMOs, with which the secondary HMOs 
have contracted to provide services, which, in turn, shall report directly to 
the Council. 
(b) HMOs shall report HEDIS data, at a minimum, by service areas in which they 
are licensed. Data to be reported shall be a subset of the "Reporting Set 
Measures" (i.e., this excludes data specified as "Testing Set Measures"), as 
specified by the Council by November 15th of the year in which the data is 
collected. Reporting by any specific subpopulation (e.g., Medicare, Medicaid) 
will be specified by the Council by November 15th of the year in which the data 
is collected. 
(c) The HEDIS data specified by the Council on November 15th of the year in 
which the data is collected shall be reported by the HMO to the Council by July 
1st of the following year, and shall include HEDIS data collected from January 
1st through December 31st. 
(d) HEDIS data shall be reported to the Council or its agents at physical or 
telephonic addresses specified by the executive director. The executive director 
shall notify all HMOs in writing and by publication in the Texas Register at 
least 30 days before any change in the address. 
(e) Any HMO which judges that it cannot meet required performance measure 
specifications due to either low enrollment (such that sample size requirements 
are not met) or short time of existence (such that length of time requirements 
are not met) shall provide the Council with a narrative that documents the 
reason for not reporting the data for that performance measure. Single service 
HMOs shall notify the Council to address which measures are applicable to the 
services they provide. All requests for exemptions from reporting data for any 
performance area(s) required by this chapter shall be submitted by the HMO on an 
annual basis, prior to November 15th of the year in which the data is collected, 
and processed by the executive director using the following procedures. 
(1) An HMO requesting an exemption from reporting any required performance 
measure prescribed by this chapter shall submit to the executive director a 
letter requesting the exemption and provide all information necessary to 
establish the HMO's entitlement to the exemption. The exemption request shall be 
signed by the chief executive officer of the HMO who shall certify that all 
information contained in the request is true and correct. 
(2) The executive director shall review the request for exemption. The executive 
director may request additional information from the HMO relevant to the 
exemption request. Within 30 days of receipt of a request for exemption, the 
executive director shall issue a letter granting or denying the exemption. If 
denied, the letter shall state in detail the reasons for the denial. The 
executive director shall notify Council members of exemptions requested and the 
disposition of these requests for information purposes only. 
(3) If the executive director denies an exemption request, the HMO may resubmit 
the request along with any additional information or analysis the HMO deems 
relevant to the executive director. The resubmission shall be considered in the 
same manner as the initial submission. 
(4) If the executive director denies the resubmitted exemption request, the HMO 
may appeal the executive director's decision to the Council. In making its 
determination, the Council will consider only those facts and issues which have 
been previously presented to the executive director. The Council will decide 
exemption appeals by majority vote of members present.

sec.1301.35.Civil Penalty.
Failure to timely report verified HEDIS data is punishable by a civil penalty of 
not less than $1,000 nor more than $10,000 for each violation as set forth in 
Health and Safety Code, sec.108.14.
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 June 25, 1997.
TRD-9708271
Jim Loyd
Director of Program Planning
Texas Health Care Information Council
Effective date: July 15, 1997
Proposal publication date: March 7, 1997
For further information, please call: (512) 424-6492

TITLE 30. ENVIRONMENTAL QUALITY
PART I. Texas Natural Resource Conservation Commission
CHAPTER 3. Definitions
30 TAC sec.3.2
The Texas Natural Resource Conservation Commission (commission) adopts an 
amendment to sec.3.2, concerning Definitions, by adding several definitions 
which are used in multiple chapters by the various agency offices. Section 3.2 
is adopted without changes to the proposed text as published in the April 1, 
1997, issue of the Texas Register (22 TexReg 3201) and will not be republished. 
EXPLANATION OF ADOPTED RULE. Several chapters contain the definitions for the 
U.S. Environmental Protection Agency (EPA) and the Federal Clean Air Act (FCAA). 
The two definitions are being placed into Chapter 3 because they are of general 
interest to various offices of the agency. The existing definitions in the 
various chapters, will be reviewed and/or repealed in future rulemakings as 
necessary. In addition, as part of regulatory reform, the definitions for 
several of the other federal environmental laws were added to Chapter 3. This 
action will allow the commission to streamline all chapters by eliminating the 
need to define the terms in each chapter and to spell out the acronyms in each 
section in which they are used. 
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact 
Assessment for this adoption pursuant to Texas Government Code Annotated, 
sec.2007.043. The following is a summary of that assessment. The specific 
purpose of this rulemaking is to streamline the use of the various chapters by 
incorporating agency-wide definitions into one specific location. Promulgation 
and enforcement of this rule amendment will not affect private real property.
COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEW. The commission has determined 
that this rulemaking relates to an action or actions subject to the Texas 
Coastal Management Program (CMP) in accordance with the Coastal Coordination Act 
of 1991, as amended (Texas Natural Resources Code sec.33.201 et. seq.), and the 
commission's rules at 30 TAC Chapter 281, Subchapter B, Consistency with the 
Texas Coastal Management Program. As required by 31 TAC sec.505.11(b)(2) and 30 
TAC sec.281.45(a)(3) relating to actions and rules subject to the CMP, agency 
rules governing air pollutant emissions must be consistent with the applicable 
goals and policies of the CMP. The commission has reviewed this action for 
consistency with the CMP goals and policies in accordance with the regulations 
of the Coastal Coordination Council, and has determined that this action will 
not have a direct and significant adverse effect on the coastal natural resource 
areas (CNRAs) identified in applicable policies. These Chapter 3 definitions do 
not change any regulatory requirements regarding the use and development of 
CNRAs. Therefore, in compliance with 31 TAC sec.505.22(e), the commission 
affirms that these rules are consistent with CMP goals and policies. 
HEARING AND COMMENTERS. A public hearing on this proposal was held in Austin on 
April 24, 1997. The comment period closed on May 1, 1997. 
There were no comments submitted regarding the Chapter 3 proposal. 
STATUTORY AUTHORITY. The amendments are adopted under the Texas Water Code 
sec.5.103 and sec.5.105, which provides the commission with the authority to 
carry out its powers and duties under the Texas Water Code and other laws of 
Texas; and the Texas Clean Air Act (TCAA), Texas Health and Safety Code, 
sec.382.017, which provides the commission with the authority to adopt rules 
consistent with the policy and purposes of the TCAA. 
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 June 26, 1997.
TRD-9708307
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: July 16, 1997
Proposal publication date: April 1, 1997
For further information, please call: (512) 239-1970

CHAPTER 7.Memoranda of Understanding
30 TAC sec.7.103
The Texas Natural Resource Conservation Commission (TNRCC or commission) adopts 
new sec.7.103, concerning a Memorandum of Understanding (MOU) between the Texas 
Parks and Wildlife Department (TPWD) and the TNRCC. New sec.7.103 is adopted 
without changes to the proposed text as published in the January 3, 1997, issue 
of the Texas Register (22 TexReg 24), and will not be republished. 
EXPLANATION OF ADOPTED RULE
The MOU establishes a formal mechanism by which the two agencies can improve 
coordination and collaboration regarding the regulation of aquaculture 
facilities. The agreement establishes an effective system for interagency review 
of applications, lays out procedures for the exchange of information regarding 
aquaculture issues, facilitates on-site visits and responses to emergency 
situations, and eliminates duplication of effort between the two agencies. 
TAKINGS IMPACT ASSESSMENT
The commission has prepared a Takings Impact Assessment pursuant to Texas 
Government Code, sec.2007.043, the following is a summary of that Assessment. 
The specific purpose of the rules is to adopt a MOU between the commission and 
TPWD concerning the regulation of aquaculture facilities. The rules will 
substantially advance this specific purpose by clarifying the respective duties 
of the two agencies in the regulation of aquaculture facilities. Promulgation 
and enforcement of these rules will not burden private real property because 
they do not restrict or limit the owner's right to the property that would 
otherwise exist in the absence of the rulemaking. 
HEARINGS AND COMMENTERS
The commission did not schedule a public hearing on the proposed rules and none 
was requested. The commission received one comment on the proposed rules during 
the comment period which closed on February 3, 1997. The one commenter, Texas 
Aquaculture Association (TAA), did not generally support or oppose the proposal, 
but suggested changes. 
ANALYSIS OF TESTIMONY
TAA opposed the provision stating that a new exotic species permit will not be 
issued by TPWD to any aquaculture facility that proposes to discharge wastewater 
until the commission authorizes the discharge or otherwise determines that no 
authorization is necessary. TAA asserts that most facilities having exotic 
species permits discharge little, if any, wastewater, and will be required to 
get acknowledgment from the commission that no authorization is required every 
time they seek annual renewal of the exotic species permit. TAA further 
commented that TPWD will now have two opportunities to deny renewal or issuance 
of an exotic species permit. Specifically, TAA stated that the issuance of a 
wastewater discharge permit from the commission is unrelated to the possession 
of an exotic aquatic animal or plant and it is illogical and unnecessary to link 
the two permitting processes together. 
The commission responds that only those facilities that propose to discharge 
wastewater are subject to the provision that requires that a discharge 
authorization be obtained prior to the issuance of an exotic species permit. The 
commission staff will in many cases be participating in the TPWD inspection of 
the facility, at which time it would be determined whether or not the facility 
needs authorization from the commission. Because of the concurrent processes and 
coordination between the two agencies, the issuance of the exotic species 
permits should not be appreciably delayed by this MOU provision. 
The commission also comments that the authorization to hold and produce exotic 
species is related to the discharge of wastewater. For example, the production 
of exotic species in the past has resulted in outbreaks of disease not endemic 
to the state of Texas. 
STATUTORY AUTHORITY
This new section is adopted under the Texas Water Code, sec.5.104, which 
authorizes the commission to enter into a MOU with any other state agency to 
clarify and provide for their functions on any matter within their 
jurisdictions. In addition, this new section is adopted under the Texas Water 
Code, sec.5.102, which provides the commission with general powers to carry out 
duties under the Texas Water Code, and sec.5.103, which provides the commission 
with the authority to adopt any rule necessary to carry out the powers and 
duties of the Texas Water Code and other laws of this state. 
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 June 30, 1997.
TRD-9708463
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: July 22, 1997
Proposal publication date: January 3, 1997
For further information, please call: (512) 239-4640

30 TAC sec.7.103
The commission adopts new sec.7.104, concerning a Memorandum of Understanding 
(MOU) between the Texas Water Development Board (board) and the commission, 
without changes to the proposed text as published in the April 18, 1997, issue 
of the Texas Register (22 TexReg 3573). The text of the rule will not be 
republished. 
EXPLANATION OF THE ADOPTED RULE
The purpose of the MOU is to establish a formal agreement on the respective 
duties and responsibilities of the two agencies in the establishment and 
implementation of a Drinking Water State Revolving Loan Fund under the Safe 
Drinking Water Act Amendments of 1996 (Amendments of 1996), and to improve the 
efficiency and effectiveness of the board and commission operation in 
administering the provisions of the Amendments of 1996. The board has adopted 
the MOU by rule as required by Water Code, sec.5.104. The commission is adopting 
the MOU by reference. 
TAKINGS IMPACT ASSESSMENT
The commission has prepared a Takings Impact Assessment pursuant to Texas 
Government Code, sec.2007.043; the following is a summary of that assessment. 
The specific purpose of the rule is to adopt an MOU between the commission and 
the board concerning the implementation of the Safe Drinking Water Act 
Amendments of 1996, including the implementation of a Drinking Water State 
Revolving Loan Fund. The rule will substantially advance this specific purpose 
by clarifying the respective duties of the two agencies in that regard. 
Promulgation and enforcement of the rule will not burden private real property 
because it does not restrict or limit an owner's right to the property that 
would otherwise exist in the absence of the rulemaking. 
COASTAL MANAGEMENT PROGRAM (CMP)
The commission has reviewed this rulemaking for consistency with the Coastal 
Management Program (CMP) goals and policies in accordance with the regulations 
of the Coastal Coordination Council, and has determined that the rulemaking will 
not have direct or significant adverse effect on any Coastal Natural Resource 
Areas, nor will the rulemaking have a substantive effect on commission actions 
subject to the CMP. 
COMMENTS RECEIVED
No written or oral comments were received by the commission. The commission has 
made no changes to the text of the proposed rule. 
STATUTORY AUTHORITY
The new section is adopted under Texas Water Code, sec.5.104, which authorizes 
the commission to enter into an MOU with the board to clarify and provide for 
their respective duties, responsibilities, or functions on any matter within 
their jurisdictions. 
In addition, this new section is adopted under Texas Health and Safety Code, 
Chapter 341, Subchapter C, which authorizes the commission to adopt rules to 
implement the federal Safe Drinking Water Act. 
The new section implements Texas Water Code, Subchapter J. 
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 June 30, 1997.
TRD-9708462
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: July 22, 1997
Proposal publication date: January 3, 1997
For further information, please call: (512) 239-4640

CHAPTER 101. General Rules
30 TAC sec.101.1, sec.101.30
The Texas Natural Resource Conservation Commission (commission) adopts 
amendments to sec.101.1, concerning Definitions, by adding and amending 
definitions which are used in multiple air chapters; and to sec.101.30 
concerning Conformity of General Federal and State Actions to State 
Implementation Plans (SIP), by changing the title of the section and by deleting 
three portions of the section which are considered by the U.S. Environmental 
Protection Agency (EPA) to be more stringent than the federal General Conformity 
rules. Section 101.1 is adopted with changes to the proposed text as published 
in the April 1, 1997, issue of the Texas Register (22 TexReg 3203). Section 
101.30 is adopted without changes and will not be republished.
EXPLANATION OF ADOPTED RULES. Several chapters regarding air quality contain the 
definition for "nonattainment areas" and a general description of each of the 
nonattainment areas in the state. The nonattainment area definition and general 
descriptions are being placed into Chapter 101, sec.101.1 concerning 
Definitions, because they are not consistently used in the various chapters 
regarding air quality. The existing definitions in the various air chapters, 
will be reviewed and/or repealed in future rulemakings as necessary. The 
definition for "maintenance area" was added to this section, and the term 
"nonattainment area" was expanded to include a listing of the current 
nonattainment areas in the state. The terms "nonattainment area" and 
"maintenance area" are used in the General Conformity rule in sec.101.30, as 
well as other air-related chapters. This action will provide a single point of 
reference for the nonattainment and maintenance areas within the state. This 
action will also allow the commission to streamline all air related chapters by 
eliminating the need to define the terms in each chapter. 
The Texas General Conformity rule and associated SIP revision were adopted on 
November 21, 1994, and submitted to the EPA for approval. The federal General 
Conformity rule allows the state rule to be more stringent, but only if the 
state rule applies to state and local actions in addition to federal actions. 
During their review, EPA determined that sec.101.30 was more stringent than the 
federal rule in three places, and requested specific wording changes to make the 
rules essentially equivalent. The last sentence of sec.101.30(c)(3)(D) is 
deleted; the phrase "presumed to be de minimis under paragraph (3)(A) or (3)(B) 
of this subsection, or" in sec.101.30(c)(10) is deleted; and the phrase "if a 
final conformity determination is made within three years of such analysis" in 
sec.101.30(i)(2)(A)(ii) is deleted to make the rule no more stringent than the 
federal rule. Finally, the words "and State" are deleted from the title of the 
section to clarify that the intent of the rule is to be essentially equivalent. 
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact 
Assessment for this adoption pursuant to Texas Government Code Annotated, 
sec.2007.043. The following is a summary of that assessment. The specific 
purpose of this rulemaking is to streamline the use of the various chapters by 
incorporating air program specific definitions into one specific location. 
Promulgation and enforcement of the rule amendments will not affect private real 
property. 
COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEW. The commission has determined 
that this rulemaking relates to an action or actions subject to the Texas 
Coastal Management Program (CMP) in accordance with the Coastal Coordination Act 
of 1991, as amended (Texas Natural Resources Code sec.sec.33.201 et. seq.), and 
the commission's rules at 30 TAC Chapter 281, Subchapter B, Consistency with the 
Texas Coastal Management Program. As required by 31 TAC sec.505.11(b)(2) and 30 
TAC sec.281.45(a)(3) relating to actions and rules subject to the CMP, agency 
rules governing air pollutant emissions must be consistent with the applicable 
goals and policies of the CMP. The commission has reviewed this action for 
consistency with the CMP goals and policies in accordance with the regulations 
of the Coastal Coordination Council. For 30 TAC sec.101.30, the commission has 
determined that this rulemaking is consistent with the applicable CMP goals and 
policies. The purpose of 30 TAC sec.101.30 is to set forth policy, criteria, and 
procedures for demonstrating and assuring conformity of certain agency actions 
to the applicable SIP, and is in compliance with the regulations adopted 
pursuant to Title 40, Code of Federal Regulations adopted pursuant to the Clean 
Air Act, 42 United States Code Annotated, sec.7401, et. seq. to protect and 
enhance air quality in the coastal area so as to protect coastal natural 
resource areas (CNRAs) and promote the public health, safety and welfare. 
Regarding the definitions for 30 TAC sec.101.1, the commission has determined 
that this action will not have a direct and significant adverse impact on the 
CNRAs identified in the applicable policies. These definitions do not change any 
regulatory requirements regarding the use and development of CNRAs. Therefore, 
in compliance with 31 TAC sec.505.22(e), the commission affirms that these rules 
are consistent with CMP goals and policies. 
HEARING AND COMMENTERS. A public hearing on this proposal was held in Austin on 
April 24, 1997. The comment period closed on May 1, 1997. 
The EPA submitted written comments which were in full agreement with the 
proposal. 
GENERAL COMMENTS. The EPA stated that the proposed modifications to the state's 
general conformity rule were acceptable and will make the Texas general 
conformity rule consistent with the federal rule. The EPA also expressed 
agreement to the addition of the definition for "maintenance area" and the 
expansion of the definition "nonattainment area" to include identification of 
the nonattainment areas in Texas. 
The commission agrees that the modifications to the state general conformity 
rule make it consistent with the federal general conformity rule. 
DEFINITIONS (sec.101.1). The commission has modified some of the names and 
abbreviations for the nonattainment areas to make them more consistent with the 
usage throughout the other air chapters and the SIP. The modified names include 
the El Paso carbon monoxide nonattainment area; the El Paso inhalable 
particulate matter nonattainment area; and the Houston/Galveston, El Paso, 
Beaumont/Port Arthur, and Dallas/Fort Worth ozone nonattainment areas.
STATUTORY AUTHORITY. The amendments are adopted under the Texas Clean Air Act 
(TCAA), Texas Health and Safety Code, sec.382.017, which provides the commission 
with the authority to adopt rules consistent with the policy and purposes of the 
TCAA. 

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 (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.
Maintenance area - A geographic region of the state previously designated 
nonattainment pursuant to the FCAA Amendments of 1990 and subsequently 
redesignated to attainment subject to the requirement to develop a maintenance 
plan under the FCAA, sec.175A, as amended. The following are the maintenance 
areas within the state: Victoria Ozone Maintenance Area (60 FR 12453) - Victoria 
County. 
Nonattainment area - A defined region within the state which is designated by 
EPA as failing to meet the National Ambient Air Quality Standard for a pollutant 
for which a standard exists. The EPA will designate the area as nonattainment 
under the provisions of the Federal Clean Air Act, sec.107(d). For the official 
list and boundaries of nonattainment areas, see the Code of Federal Regulations 
(40 CFR Part 81) and pertinent Federal Register notices. The following areas 
comprise the nonattainment areas within the state: 
(A) Carbon monoxide (CO). El Paso (ELP) CO nonattainment area (56 FR 56694) - 
Classified as a Moderate CO nonattainment area with a design value ≤ 12.7 
parts per million. Portion of El Paso County. Portion of the city limits of El 
Paso: That portion of the city of El Paso bounded on the north by Highway 10 
from Porfirio Diaz Street to Raynolds Street, Raynolds Street from Highway 10 to 
the Southern Pacific Railroad lines, the Southern Pacific Railroad lines from 
Raynolds Street to Highway 62, Highway 62 from the Southern Pacific Railroad 
lines to Highway 20, and Highway 20 from Highway 62 to Polo Inn Road. Bounded on 
the east by Polo Inn Road from Highway 20 to the Texas-Mexico border. Bounded on 
the south by the Texas-Mexico border from Polo Inn Road to Porfirio Diaz Street. 
Bounded on the west by Porfirio Diaz Street from the Texas-Mexico border to 
Highway 10. 
[sub] 10[sub]10 nonattainment area (56 FR 56694) - Classified as a Moderate 
PM<sub>10 nonattainment area. Portion of El Paso County which comprises the El 
Paso city limit boundaries as they existed on November 15, 1990. 
(C) Lead. Collin County lead nonattainment area (56 FR 56694) - Portion of 
Collin County. Eastside: Starting at the intersection of south Fifth Street and 
the fence line approximately 1000 feet south of the Gould National Batteries 
(GNB) property line going north to the intersection of south Fifth Street and 
Eubanks Street; Northside: Proceeding west on Eubanks to the Burlington Railroad 
tracks; Westside: Along the Burlington Railroad tracks to the fence line 
approximately 1000 feet south of the GNB property line; Southside: Fence line 
approximately 1000 feet south of the GNB property line. 
[sub]2). No designated nonattainment areas. 
(E) Ozone. 
(i) Houston/Galveston (HGA) ozone nonattainment area (56 FR 56694) - Classified 
as a Severe-17 ozone nonattainment area. Consists of Brazoria, Chambers, Fort 
Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties.
(ii) El Paso (ELP) ozone nonattainment area (56 FR 56694) - Classified as a 
Serious ozone nonattainment area. Consists of El Paso County.
(iii) Beaumont/Port Arthur (BPA) ozone nonattainment area (61 FR 14496) - 
Classified as a Moderate ozone nonattainment area. Consists of Hardin, 
Jefferson, and Orange Counties. 
(iv) Dallas/Fort Worth (DFW) ozone nonattainment area (56 FR 56694) - Classified 
as a Moderate ozone nonattainment area. Consists of Collin, Dallas, Denton, and 
Tarrant Counties. 
[sub]2). No designated nonattainment areas. 
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 June 26, 1997.
TRD-9708308
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: July 16, 1997
Proposal publication date: April 1, 1997
For further information, please call: (512) 239-1970

CHAPTER 106. Exemptions from Permitting
SUBCHAPTER I. Manufacturing
30 TAC sec.106.231
The Texas Natural Resource Conservation Commission (commission) adopts new 
sec.106.231, concerning the exemption of wood products manufacturing, restoring, 
and refinishing operations from the preconstruction air permitting requirements 
of the Texas Health and Safety Code, the Texas Clean Air Act, sec.382.0518. The 
new section is adopted with changes to the proposed text as published in the 
March 4, 1997, issue of the Texas Register (22 TexReg 2416). 
The commission has regulated facilities that manufacture, restore, and refinish 
wood products for many years under standard exemptions now codified at 30 TAC 
sec.sec.106.433, 106.222, and 106.265. This experience has shown that these 
facilities do not make a significant contribution of air contaminants to the 
atmosphere when the facilities use common emission control equipment, have no 
visible emissions released from the property, and use coatings, solvents, and 
stripping agents in amounts that are consistent with the limits specified in 
exemption sec.106.231. The commission concludes that the adopted standard 
exemption will ensure that these characteristics are met, and at a level of 
regulatory oversight that is not unduly burdensome to the operator of the 
facility. 
EXPLANATION OF ADOPTED RULE. The new sec.106.231 will create an exemption for 
wood products manufacturers, restorers, or refinishers that conduct surface 
coating operations and woodworking operations such as grinding, sanding, and 
sawing. The exemption provides common sense, technically sound methods for wood 
product manufacturers, refinishers, or restorers to comply with air permit 
requirements. This new section is intended to simplify the control requirements, 
recordkeeping requirements, and calculation methods and will eliminate the need 
for multiple exemptions to cover all operations at these sites. Specifically, 
the new section will: protect public health and provide businesses with 
flexibility to use different pollution control devices based upon the volume and 
type of work performed; allow businesses to minimize detailed records previously 
needed to calculate emission rates; and allow businesses to quantify volatile 
organic compound emissions with purchase and usage records instead of 
mathematical equations. Standard Exemptions 40 and 75 continue to be available 
to this industry, but it is anticipated that businesses will use this new 
section due to the simplified requirements. Standard Exemption 105 is also 
currently available to this industry, but the executive director intends to 
propose deletion of this standard exemption in future rulemaking. Standard 
Exemptions 40, 75, and 105 (formerly in 30 TAC sec.116.211) have been recently 
recodified into 30 TAC Chapter 106 as sec.sec.106.433, 106.222, and 106.265. 
The agency is currently offering an amnesty period for small businesses that 
manufacture, restore, or refinish wood products from obtaining a permit. The 
amnesty period is scheduled to expire in September 1997. After September 1997, 
if investigated, these businesses will be cited for a violation if they cannot 
meet an exemption or do not have a permit. The new section should be in effect 
before September 1997 to allow these businesses an opportunity to use an 
exemption specific to their industry. 
TAKINGS IMPACT STATEMENT. The commission has prepared a Takings Impact 
Assessment for this rule under Texas Government Code, sec.2007.043, and has 
determined that this rule will have no effect on private real property.
COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEW. The commission has determined 
that this rulemaking action is subject to the Texas Coastal Management Program 
(CMP) in accordance with the Coastal Coordination Act of 1991, as amended (Texas 
Natural Resources Code, sec.sec.33.201 et. seq.), the rules of the Coastal 
Coordination Council (31 TAC Chapters 501-506), and the commission's rules in 30 
TAC Chapter 281, Subchapter B, concerning Consistency with the Texas Coastal 
Management Program. As required by 31 TAC sec.505.11(b)(2) and 30 TAC 
sec.281.45(a)(3) relating to actions and rules subject to the CMP, agency rules 
governing air pollutant emissions must be consistent with the applicable goals 
and policies of the CMP. Therefore, in compliance with 31 TAC sec.505.22(e), the 
commission affirms that this rule is consistent with CMP goals and policies. 
PUBLIC HEARING. A public hearing on this proposal was held on April 3, 1997, in 
Austin. The comment period closed on April 3, 1997. Oral comments were received 
from the following: an individual, the Texas Department of Criminal Justice 
(TDCJ), Planto Manufacturing (Planto), and the San Antonio Manufacturers 
Association (SAMA). Written comments were received from several small businesses 
and individuals through the Small Business Assistance Program. Represented were 
SAMA, Planto, Arlington Auto Body (Arlington), International Exterminator Corp. 
(International), and Self Serv Fixture Co., Inc. (Self Serv). The comments 
received were generally supportive of the proposal, noting how easy the rule was 
to understand. International and Self Serv did not suggest any changes to the 
proposal. 
SAMA expressed concern that companies would be required to install filter 
systems when current dust collection systems were adequate. SAMA stated that 
requiring a filter system would cause great expense with no improvement in the 
results. Planto commented that requiring a filter on the pneumatic sawdust 
collection system would cause the company to shut down. Planto suggested that 
many alternatives other than the addition of a filter were available. TDCJ 
commented that it would prefer that the rule specify a control device or a 
control method for pneumatic sawdust collection systems rather than requiring 
that a filter be used. 
The commission is confident that any filter (fabric or cartridge) system 
installed in this type of facility will have a high collection efficiency and 
therefore will be protective of the public. Based on the commission's 
experience, other types of control systems do not consistently provide high 
collection efficiencies. There have been cases in which water-curtain type 
collection systems have shown only 30% removal efficiency for particulate matter 
from an exhaust stream. Therefore, the commission prefers to review systems 
other than those with a filter on a case-by-case basis. 
Additionally, the adopted rules do not require companies to install pneumatic 
collection systems. However, if a pneumatic collection system is used, a filter 
is required. Wood products manufacturers can design and build their own systems 
to meet the exemption if they so desire. 
Planto asked why wood dust is being regulated, since it is not harmful and does 
not cause cancer. Planto further commented that if there are visible emissions 
of dust, city and/or county codes as well as Occupational Safety and Health 
Administration (OSHA) regulations will apply to those emissions. Planto 
commented that it creates a hardship if state requirements are different than 
these other regulations. 
The commission believes that emissions of all constituents including wood dust 
are of enough concern to warrant evaluation of public exposure. Depending on the 
exposure concentration of hardwood dust, acute respiratory health effects can 
include dryness of the nose, eye irritation, nasal obstruction, prolonged colds, 
and frequent headaches. Respiratory hypersensitivity, acute airway obstruction, 
and asthma are also possible. Long-term exposure to hardwood dust can result in 
cancer in humans (e.g., nasal cancer). Softwood dusts are mainly respiratory 
irritants. Sensitive members of the general public could experience transient 
respiratory irritation as a result of short-term exposure to wood dusts. 
While city and county codes or OSHA regulations protect workers from 
occupational exposure, emissions are often vented to the outside to minimize 
worker exposures, where members of the public would be exposed. The commission 
regulates these exposures to the surrounding community and to the general 
public. Sensitive subpopulations within the general public include the very 
young and the very old, and people with preexisting respiratory conditions. The 
wood dust Effects Screening Levels which were used to evaluate this exemption, 
are set to protect these sensitive individuals from the described effects and 
were used by the commission to evaluate the protectiveness of the exemption. 
An individual was concerned that methylene chloride was being singled out as 
being a dangerous stripping agent. In the individual's experience, other 
stripping agents in use, specifically Preprite Coating, pose a greater threat to 
human health. The commenter would like to see Preprite listed along with 
methylene chloride in the exemption and for methylene chloride to be treated as 
any other noncarcinogenic chemical. 
The commission has reviewed the Material Safety Data Sheet for Preprite Coating 
Remover, which was submitted by the commenter. Preprite is a mixture of three 
compounds, all with Effects Screening Levels (ESLs) greater than that of 
methylene chloride. A lower ESL indicates a greater toxicity on a per unit 
basis. Thus, methylene chloride, a probable human carcinogen, is more toxic than 
the components of Preprite. In addition, methylene chloride, when used as a 
solvent, is generally not present in a mixture. Therefore, emissions from an 
equal volume of methylene chloride would result in a higher ground level 
concentration than those resulting from any of the constituents in an equal 
volume of Preprite. The commission concludes that methylene chloride remains the 
only solvent which requires special consideration in the exemption. Planto 
commented on the agency's handling of this proposed rule and the amnesty period 
that was offered. Planto stated that it had spent thousands of dollars to comply 
with the first proposed rule (January 1, 1996), since it had understood that 
small businesses had a one-year amnesty period to comply with those 
requirements. Planto later found out that the initial proposed rule had changed, 
which would not have required the company to spend the money that it had, and 
the amnesty period had been extended. Planto further stated that small 
businesses should be given one year to comply once the rules are in place. An 
individual commented that the amnesty period should follow the promulgation of 
the regulation. 
The commission has coordinated the current amnesty program with the development 
of this rule so that comments from the regulated community, trade groups, and 
other interested parties could be taken into account before the rule was 
finalized. The amnesty period has lasted for almost 18 months, during which time 
the Small Business Assistance Program conducted outreach and education seminars. 
The commission did not act on the first proposal because of concerns that the 
exemption was overly restrictive. The commission recognizes the efforts made by 
Planto to comply with the first proposal, but believes that not taking action on 
the first proposal was in the best interests of the industry affected by this 
rule. 
The commission extended the amnesty period so that businesses would have time to 
comply with the control measures established by this proposal. In the future, 
the commission will strive to inform affected individuals and include sufficient 
compliance schedules for all amnesty programs. 
Arlington asked if the requirements of this exemption should parallel Standard 
Exemption 124 for the auto body repair industry, but supports the approach the 
commission has taken with this exemption. 
The control requirements for the wood products industry are different than those 
of the autobody painting industry, because the typical usage rates and type of 
materials used by each industry are not the same. 
The phrase "leaving the property" was added to paragraph (2) to make the 
distinction that the requirement for no visible emissions in this paragraph is 
intended to ensure good general housekeeping practices on-site, while the 
requirement for no visible emissions in paragraph (1) speaks to the performance 
of the pneumatic collection system. The commission has added the phrase "peak of 
the" roof line to paragraph (3) of this section to clarify the intent of this 
requirement. 
STATUTORY AUTHORITY. The new section is adopted under the Texas Health and 
Safety Code, the Texas Clean Air Act (TCAA), sec.382.017, which provides the 
commission with the authority to adopt rules consistent with the policy and 
purposes of the TCAA, and under Texas Health and Safety Code, sec.382.057, which 
provides the commission with the authority to exempt certain types of facilities 
from the requirements of Texas Health and Safety Code, sec.382.0518. 

sec.106.231. Manufacturing, Refinishing, and Restoring Wood Products. 
Facilities, including drying or curing ovens, and hand-held or manually operated 
equipment, used for manufacturing, refinishing, and/or restoring wood products 
that meet the following requirements are exempt from obtaining an air quality 
permit. 
(1) If a pneumatic sawdust collection system is used, it must be followed by a 
filter with no visible emissions. 
(2) Waste materials shall be stored and disposed of properly. There shall be no 
visible emissions leaving the property. 
(3) If the total coatings, solvents, and stripping agents used exceeds six 
gallons per day (gpd) or one gpd of methylene chloride, the following 
requirements must be met: 
(A) the application area must be exhausted using forced air through a stack with 
an unobstructed vertical discharge above the peak of the roof line; and 
(B) in addition to the requirements of subparagraph (A) of this paragraph, if 
application is made by spraying, the application area must also be vented 
through a filter system with a minimum particulate removal efficiency of 95%. 
(4) Purchase receipts for total coatings, solvents, and stripping agents for the 
most recent 24 months must be kept on site and be made immediately available 
upon request of personnel from the agency or any other air pollution control 
agency having jurisdiction. If the total materials purchased exceeds 550 gallons 
in any one month, records of the amount of materials used per month must be kept 
on-site to demonstrate that total emissions do not exceed 25 tons per year in 
any consecutive 12 months. 
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 June 26, 1997.
TRD-9708328
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: July 16, 1997
Proposal publication date: March 4, 1997
For further information, please call: (512) 239-1966

CHAPTER 112. Control of Air Pollution from Sulfur Compounds Control of Sulfur 
Dioxide
30 TAC sec.112.8
The Texas Natural Resource Conservation Commission (commission) adopts an 
amendment to sec.112.8, concerning Allowable Emission Rates From Solid Fossil 
Fuel-Fired Steam Generators by deleting subsection (c). Section 112.8 is adopted 
without changes to the proposed text as published in the April 4, 1997, issue of 
the Texas Register (22 TexReg 3280), and will not be republished. 
EXPLANATION OF ADOPTED RULE. In September 1992, the Texas Air Control Board 
(TACB) amended sec.112.8 to require owners of solid fossil fuel-fired steam 
generators of greater than 1,500 million British thermal units (MMBtu) heat 
input per hour to conduct a study of the sulfur dioxide (SO<sub>2) emissions 
from these units and the effect on winter haze in the Dallas/Fort Worth (DFW) 
area. The purpose of the study was to determine if reductions in SO<sub>2 
emissions from these units would result in a significant reduction in the winter 
haze. The TACB or its successor was to make a finding on the study by October 
31, 1996. The study has been submitted and the finding of the commission was 
that SO<sub>2 reductions from the affected units would not significantly affect 
visibility in DFW. Because of this finding, the units will not be required to 
meet the emission standard of 1.2 pounds of SO<sub>2 per MMBtu heat input by 
July 31, 2000 contained in sec.112.8(c). Instead, the emission standard will 
remain at 3.0 pounds per MMBtu. Therefore, sec.112.8(c) has no further 
application and the commission rescinds subsection (c). Subsequently section 
sec.112.8(d) and (e) were renumbered as subsections (c) and (d).
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact 
Assessment for this proposal pursuant to Texas Government Code, sec.2007.043. 
The following is a summary of that assessment. The specific purpose of this 
rulemaking is to delete a subsection that is no longer required. The amendment 
poses no impact on private real property and will maintain the status quo 
regarding SO<sub>2 emissions in the DFW area. 
COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEW. The commission has determined 
that this adoption relates to an action or actions subject to the Texas Coastal 
Management Program (CMP) in accordance with the Coastal Coordination Act of 
1991, as amended (Texas Natural Resources Code sec.33.201 et. seq.), and the 
commission's rules at 30 TAC Chapter 281, Subchapter B, Consistency with the 
Texas Coastal Management Program. As required by 31 TAC sec.505.11(b)(2) and 30 
TAC sec.281.45(a)(3) relating to actions and rules subject to the CMP, agency 
rules governing air pollutant emissions must be consistent with the applicable 
goals and policies of the CMP. The commission has reviewed this proposed action 
for consistency with the CMP goals and policies in accordance with the 
regulations of the Coastal Coordination Council, and has determined that the 
adopted action will not have a direct and significant adverse effect on the 
coastal natural resource areas (CNRAs) identified in the applicable policies. 
This adoption removes a requirement for a study, and does not change the 
emissions standard for sulfur dioxide, regarding the DFW area, an area of the 
state which is not located in a CNRA as that area is defined in Texas Natural 
Resources Code sec.33.203(1). Therefore, no new sources of air contaminants are 
authorized by the rule revision. In compliance with 31 TAC sec.505.22(e), the 
commission affirms that this rule is consistent with CMP goals and policies.
HEARING AND COMMENTERS. A public hearing was held in Austin on April 24, 1997. 
The comment period closed on May 5, 1997. Only one commenter, Texas Utilities 
Services, Inc. (TU), submitted oral and written comments which were in full 
agreement with the proposal. 
GENERAL COMMENTS. TU stated that the study, which was conducted by the 
commission and funded by TU at a total cost of $1.8 million, involved three 
years of data collection and analysis and was the most extensive monitoring of 
air quality to date in the DFW area. They also stated that the findings of the 
study concluded that a reduction of SO<sub>2 emissions from these units would 
not affect visibility in the DFW area, therefore, sec.112.8(c) has no further 
application. 
The commission agrees that the study was the most extensive monitoring of air 
quality in the DFW area, but with the caveat that the study applied only to 
wintertime haze. The commission would like to express its appreciation for the 
efforts of TU toward the collection and analysis of the tremendous amount of 
data regarding the haze problem in the DFW area. The commission also agrees that 
a reduction of SO<sub>2 from the TU units would not significantly affect the 
visibility in the DFW area and that sec.112.8(c) has no further application. 
STATUTORY AUTHORITY. The amendment is adopted under the Texas Health and Safety 
Code, the Texas Clean Air Act (TCAA), sec.382.017, which provides the commission 
with the authority to adopt rules consistent with the policy and purposes of the 
TCAA. 
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 June 26, 1997.
TRD-9708309
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: July 16, 1997
Proposal publication date: April 4, 1997
For further information, please call: (512) 239-1970

CHAPTER 113. Control of Air Pollution from Toxic Materials
The Texas Natural Resource Conservation Commission (commission) adopts the 
repeal of Subchapter B, sec.sec.113.41-113.43, 113.51-113.53, and 113.71, 
concerning Nonferrous Smelters in El Paso County; sec.sec.113.81, 113.83-113.85, 
113.87, 113.88, 113.91, and 113.92, concerning Lead Smelters in Dallas County; 
sec.sec.113.111-113.114, concerning Alternate Controls; and sec.sec.113.121-
113.128, concerning Compliance and Control Plan Requirements; a new Subchapter 
B, sec.sec.113.31-113.37, 113.41-113.48, 113.51-113.54, and 113.61-113.68, 
concerning Lead from Stationary Sources; and a new Subchapter C, 
sec.sec.113.100, 113.110, 113.120, 113.130, 113.140, 113.220, 113.230, 113.250, 
113.290, 113.300, and 113.360, concerning National Emission Standards for 
Hazardous Air Pollutants (NESHAP) for Source Categories. Sections 113.100, 
113.110, 113.120, 113.130, 113.140, 113.220, 113.230, 113.250, 113.290, 113.300, 
and 113.360 are adopted with changes to the proposed text as published in the 
March 18, 1997 issue of the Texas Register (22 TexReg 2854). Repealed 
sec.sec.113.41-113.43, 113.51-113.53, 113.71, 113.81, 113.83-113.85, 113.87, 
113.88, 113.91, 113.92, 113.111-113.114, 113.121-113.128, and new 
sec.sec.113.31-113.37, 113.41-113.48, 113.51-113.54, and 113.61-113.68 are 
adopted without changes to the proposed text as published and will not be 
republished. 
Subchapter C has been developed in response to requirements by the United States 
Environmental Protection Agency (EPA) and the Federal Clean Air Act (FCAA) 
Amendments of 1990 for certain sources to control emissions of hazardous air 
pollutants. These requirements are contained in 40 Code of Federal Regulations 
(CFR) Part 63. The EPA is developing these national standards to regulate 
emissions of hazardous air pollutants under of the FCAA, Section 112. These 
NESHAPs for source categories are technology based standards and commonly 
referred to as Maximum Achievable Control Technology (MACT) Standards. As of 
March 5, 1997, 19 federal MACT Standards and the accompanying General Provisions 
had been promulgated by the EPA. 
EXPLANATION OF ADOPTED RULES. The sections contained in the new Subchapter B are 
the same as those contained in the current Subchapter B, except that the section 
numbers are changed for organizational improvement and corrections are made to 
the name of the agency. In addition, sec.113.33(b) is changed to 
sec.113.33(a)(3) and sec.113.33(c) is changed to sec.113.33(b) accordingly to 
correct a longstanding error in the outline. Finally, sec.113.62 and sec.113.66 
are changed to reflect that the original compliance dates were long passed for 
facilities which were affected at the time of the original adoption of the 
rules. For Subchapter C, the commission adopts by reference without changes 
seven of the federal MACT Standards. The commission also adopts the General 
Provisions into Subchapter C with some changes to the federal rule language. 
These eight federal rules, each of which are under their own undesignated head 
of the same name, are the General Provisions, 40 CFR 63, Subpart A; Hazardous 
Organic NESHAP, 40 CFR 63, Subparts F, G, H, I; Industrial Process Cooling 
Towers, 40 CFR 63, Subpart Q; Gasoline Distribution, 40 CFR 63, Subpart R; 
Halogenated Solvents, 40 CFR 63, Subpart T; Secondary Lead Smelting, 40 CFR 63, 
Subpart X; Marine Vessel Loading, 40 CFR 63, Subpart Y; and Magnetic Tape, 40 
CFR 63, Subpart EE. Section 113.120; Synthetic Organic Chemical Manufacturing 
Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater 
(40 CFR 63, Subpart G) is adopted as a State Implementation Plan (SIP) revision 
as partial fulfillment of volatile organic compound (VOC) reductions in ozone 
nonattainment areas. 
Adoption of the seven MACT standards by reference without changes is intended to 
minimize the confusion of interested parties in referencing both the federal 
regulations (40 CFR Part 63) and Chapter 113. As other MACT standards continue 
to be promulgated, they will be reviewed for compatibility with current state 
regulations and policies. The commission will then incorporate them into Chapter 
113 through formal rulemaking procedures. The commission will seek formal 
delegation from EPA under 40 CFR 63, Subpart E, which implements the FCAA 
Amendments, Section 112(l). No state rule or program is federally approved and 
enforceable unless and until it is approved by the EPA through the full Section 
112(l) process. With delegation, the responsibility for administration of these 
standards will be with the commission. 
Proposed sec.113.100, General Provisions, includes changes to utilize the 
existing New Source Review (NSR) program to implement preconstruction 
requirements. These changes make the time frames for review consistent with 
those used in the state's NSR program. This will result in a more consistent 
program for the regulated community. 
There may be overlapping requirements between these federal rules and existing 
state rules for the control of VOC emissions contained in 30 TAC Chapter 115. 
The commission anticipates that the VOC reduction rules will be modified after 
EPA revises the National Ambient Air Quality Standards (NAAQS) for ozone and 
particulate matter in 1997. The commission believes the most appropriate time to 
resolve conflicts with promulgated MACT standards is after the new NAAQS are 
issued. 
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact 
Assessment for this adoption pursuant to Texas Government Code, sec.2007.043. 
The following is a summary of that assessment. The specific purpose of this 
rulemaking is to facilitate implementation and enforcement of the MACT standards 
by the state. Promulgation and enforcement of these rules will have an effect on 
private real property which is the subject of the rules, but is subject to one 
of the exemptions in Senate Bill 14. 
COASTAL MANAGEMENT PROGRAM (CMP) CONSISTENCY REVIEW The commission has reviewed 
this rulemaking for consistency with the CMP goals and policies in accordance 
with the regulations of the Coastal Coordination Council, and has determined 
that the rulemaking is consistent with the applicable CMP goals and policies. 
HEARING AND COMMENTERS. A public hearing was held in Austin on April 11, 1997. 
The comment period closed April 17. No oral comments were received at the public 
hearing, and written comments were received from six commenters. The Dow 
Chemical Company (DOW), Eastman Chemical Company (Eastman), EPA, GNB 
Technologies, Inc. (GNB), and the Texas Chemical Council generally supported the 
adoption with some changes. 
The City of Dallas (Dallas) stated that the existing rules pertaining to 
Secondary Lead Smelters in Dallas County should be repealed as there are no 
longer such facilities in Dallas county. GNB of Collin County stated that they 
were the only secondary lead smelter in Texas and therefore were the only 
facility affected by the Secondary Lead Smelter MACT being adopted by reference 
in Chapter 113. In addition, GNB stated that the ambient lead monitors near 
their facility have demonstrated continuous compliance with the lead standard 
since the first quarter of 1991, therefore, GNB is eager to work with the 
commission to pursue redesignation of the plant site from nonattainment to 
attainment status. 
The commission agrees with the commenter that the existing lead smelter rules 
for Dallas County should be repealed because all of the secondary lead smelters 
in Dallas County have terminated their operations. The commission also agrees 
that GNB had demonstrated attainment through monitoring and should be 
redesignated back to attainment. The Dallas County lead smelter rules were 
originally adopted in 1984 as part of a revision to the SIP for lead. In 
addition, the control strategy to bring GNB back into attainment was adopted in 
1993 as part of a lead SIP revision. For that reason, a rescission of the Dallas 
County lead rules and the redesignation of GNB to attainment will require a 
corresponding revision to the Texas lead SIP. Therefore, the commission chose to 
expedite the adoption of the first cluster of MACT standards by renumbering the 
existing lead smelter rules at this time. The Dallas lead smelter rules 
rescission and the GNB redesignation are scheduled for a future cycle of Chapter 
113 rulemaking, sometime this summer. 
Dallas, TCC, and Eastman all stated that in accordance with the Texas 
Administrative Code (1 TAC 91.41(c)) all rules adopted by reference must 
identify the date of any federal rule which is being adopted by reference. 
The commission agrees that each rule being adopted by reference in this 
rulemaking must specify the effective date of the applicable federal rule being 
adopted by reference and has added the dates accordingly. 
Dow stated a concern with the existence of overlapping and potentially 
conflicting regulations between the proposed MACT standards and existing 
Chapters 113 and 115. As noted in the preamble, the commission anticipates VOC 
reduction rules will be modified after EPA revises the NAAQS for ozone and 
particulate matter in 1997. The commenter asked the commission to "identify 
those overlaps and conflicts and draft internal guidance for resolution" prior 
to the issuance of new NAAQS standards which the commenter states may be delayed 
by EPA. 
During the review of the promulgated MACT, staff reviewed the MACT regulations 
and began making a comparison between Chapter 115 and the MACT standard. It was 
determined that a comprehensive review of the regulations would be time 
intensive for both the agency and the industry participants. The review and 
resolution of the regulations would have delayed the rulemaking and delegation 
process of these MACTs. Additionally, the commission invites comments on any 
conflicts between Chapter 115 and Chapter 113. The executive director can manage 
these conflicts on a case by case situation. It is clear that changes to the 
ozone and particulate NAAQS will result in changes being required in Chapter 
115. Corrections made with internal guidance now may well have to be corrected 
when the new NAAQS is complete. 
The commission believes that final correction of overlapping and conflicting 
requirements should occur after the promulgation of the new ozone and 
particulate standards being developed by the EPA. If EPA substantially delays 
the promulgation of the new NAAQS regulation, the commission will reevaluate the 
need for the internal guidance document. 
The TCC and Eastman stated that the procedural time limits relating to requests 
for extensions of compliance at 40 CFR 63.5(i)(12)(i) and 63.6(i)(13)(i) and 
(ii) should be retained. The extension of compliance request is an indication 
that the sources are having difficulty in meeting the prescribed compliance time 
period. Increasing the time that the commission has to respond to a request for 
compliance extension will hinder the facility in making timely project 
management decisions. 
During the review of the General Provisions, all of the affected divisions 
within the agency reviewed the standards to determine the impacts of general 
provisions on their division. Staff believes that a request for compliance 
extension is typically an indication of significant decisions being required by 
both the industry and the agency. In order for the agency to respond adequately 
to such a request, staff concluded that the 60 day time frame for responding to 
requests for compliance extensions is still appropriate. 

SUBCHAPTER B. Lead from Stationary Sources
Nonferrous Smelters in El Paso County
30 TAC sec.sec.113.31-113.37
STATUTORY AUTHORITY. The new sections are adopted under the Texas Health and 
Safety Code, the Texas Clean Air Act (TCAA), sec.382.017, which provides the 
commission with the authority to adopt rules consistent with the policy and 
purposes of the TCAA. 
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 June 26, 1997.
TRD-9708314
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: July 16, 1997
Proposal publication date: March 18, 1997
For further information, please call: (512) 239-1970

30 TAC sec.sec.113.41-113.43, 113.51-113.53, 113.71
The repeals rules are adopted under the Texas Health and Safety Code, the Texas 
Clean Air Act (TCAA), sec.382.017, which provides the commission with the 
authority to adopt rules consistent with the policy and purposes of the TCAA. 
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 June 26, 1997.
TRD-9708310
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: July 16, 1997
Proposal publication date: March 18, 1997
For further information, please call: (512) 239-1970

Lead Smelters in Dallas County
30 TAC sec.sec.113.41-113.48
The new rules are adopted under the Texas Health and Safety Code, the Texas 
Clean Air Act (TCAA), sec.382.017, which provides the commission with the 
authority to adopt rules consistent with the policy and purposes of the TCAA. 
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 June 26, 1997.
TRD-9708315
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: July 16, 1997
Proposal publication date: March 18, 1997
For further information, please call: (512) 239-1970

Alternate Controls
30 TAC sec.sec.113.51-113.54
The new rules are adopted under the Texas Health and Safety Code, the Texas 
Clean Air Act (TCAA), sec.382.017, which provides the commission with the 
authority to adopt rules consistent with the policy and purposes of the TCAA. 
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 June 26, 1997.
TRD-9708316
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: July 16, 1997
Proposal publication date: March 18, 1997
For further information, please call: (512) 239-1970

Compliance and Control Plan Requirements
30 TAC sec.sec.113.61-113.68
The new rules are adopted under the Texas Health and Safety Code, the Texas 
Clean Air Act (TCAA), sec.382.017, which provides the commission with the 
authority to adopt rules consistent with the policy and purposes of the TCAA. 
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 June 26, 1997.
TRD-9708317
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: July 16, 1997
Proposal publication date: March 18, 1997
For further information, please call: (512) 239-1970

Lead Smelters in Dallas County
30 TAC sec.sec.113.81, 113.83-113.85, 113.87, 113.88, 113.91, 113.92
The repeals are adopted under the Texas Health and Safety Code, the Texas Clean 
Air Act (TCAA), sec.382.017, which provides the commission with the authority to 
adopt rules consistent with the policy and purposes of the TCAA. 
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 June 26, 1997.
TRD-9708311
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: July 16, 1997
Proposal publication date: March 18, 1997
For further information, please call: (512) 239-1970

Alternate Controls
30 TAC sec.sec.113.111-113.114
The repeals are adopted under the Texas Health and Safety Code, the Texas Clean 
Air Act (TCAA), sec.382.017, which provides the commission with the authority to 
adopt rules consistent with the policy and purposes of the TCAA. 
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 June 26, 1997.
TRD-9708312
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: July 16, 1997
Proposal publication date: March 18, 1997
For further information, please call: (512) 239-1970

Compliance and Control Plan Requirements
30 TAC sec.sec.113.121-113.128
The repeals are adopted under the Texas Health and Safety Code, the Texas Clean 
Air Act (TCAA), sec.382.017, which provides the commission with the authority to 
adopt rules consistent with the policy and purposes of the TCAA. 
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 June 26, 1997.
TRD-9708313
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: July 16, 1997
Proposal publication date: March 18, 1997
For further information, please call: (512) 239-1970

SUBCHAPTER C. National Emission Standards for Hazardous Air Pollutants for 
Source Categories (FCAA sec.112, 40 CFR 63 General Provisions
30 TAC sec.113.100
The new rule is adopted under the Texas Health and Safety Code, the Texas Clean 
Air Act (TCAA), sec.382.017, which provides the commission with the authority to 
adopt rules consistent with the policy and purposes of the TCAA. 

sec.113.100. General Provisions (40 CFR 63, Subpart A). 
The General Provisions for the National Emission Standards for Hazardous Air 
Pollutants for Source Categories as specified in 40 CFR 63, Subpart A, as 
amended through December 15, 1995, are incorporated by reference with the 
following exceptions: 
(1) The language of sec.63.5(e)(2)(i) is amended to read as follows: The 
executive director will notify the owner or operator in writing of approval or 
intention to deny approval of construction or reconstruction within 180 calendar 
days after receipt of sufficient information to evaluate an application 
submitted under paragraph (d) of this section. The 180 day approval or denial 
period will begin after the owner or operator has been notified in writing that 
his/her application is complete. The executive director will notify the owner or 
operator in writing of the status of his/her application, that is, whether the 
application contains sufficient information to make a determination, within 90 
calendar days after receipt of the original application and within 60 calendar 
days after receipt of any supplementary information that is submitted. 
(2) The language of sec.63.6(i)(12)(i) is amended to read as follows: The 
executive director will notify the owner or operator in writing of approval or 
intention to deny approval of a request for an extension of compliance within 60 
calendar days after receipt of sufficient information to evaluate a request 
submitted under paragraph (i)(4)(i) or (i)(5) of this section. The 60 day 
approval or denial period will begin after the owner or operator has been 
notified in writing that his/her application is complete. The executive director 
will notify the owner or operator in writing of the status of his/her 
application, that is, whether the application contains sufficient information to 
make a determination, within 30 calendar days after receipt of the original 
application and within 30 calendar days after receipt of any supplementary 
information that is submitted. 
(3) The language of sec.63.6(i)(13)(i) is amended to read as follows: The 
executive director will notify the owner or operator in writing of approval or 
intention to deny approval of a request for an extension of compliance within 60 
calendar days after receipt of sufficient information to evaluate a request 
submitted under paragraph (i)(4)(ii) of this section. The 60 day approval or 
denial period will begin after the owner or operator has been notified in 
writing that his/her application is complete. The executive director will notify 
the owner or operator in writing of the status of his/her application, that is, 
whether the application contains sufficient information to make a determination, 
within 30 calendar days after receipt of the original application and within 30 
calendar days after receipt of any supplementary information that is submitted. 
(4) The language of sec.63.6(i)(13)(ii) is amended to read as follows: When 
notifying the owner or operator that his/her application is not complete, the 
executive director will specify the information needed to complete the 
application and provide notice of opportunity for the applicant to present, in 
writing, within 30 calendar days after he/she is notified of the incomplete 
application, additional information or arguments to the executive director to 
enable further action on the application. 
(5) The language of sec.63.8(e)(5)(ii) is amended to read as follows: The owner 
or operator of an affected source using a Continuous Opacity Monitoring System 
(COMS) to determine opacity compliance during any performance test required 
under sec.63.7 and described in sec.63.6(d)(6) shall furnish the executive 
director two or, upon request, three copies of a written report of the results 
of the COMS performance evaluation under this paragraph. The copies shall be 
provided at least 30 calendar days before the performance test required under 
sec.63.7 is conducted. 
(6) The language of sec.63.9(i)(3) is amended to read as follows: If, in the 
executive director's judgment, an owner or operator's request for an adjustment 
to a particular time period or postmark deadline is warranted, the executive 
director will approve the adjustment. The executive director will notify the 
owner or operator in writing of approval or disapproval of the request for an 
adjustment within 30 calendar days of receiving sufficient information to 
evaluate the request. 
(7) The language of sec.63.10(e)(2)(ii) is amended to read as follows: The owner 
or operator of an affected source using a COMS to determine opacity compliance 
during any performance test required under sec.63.7 and described in 
sec.63.6(d)(6) shall furnish the executive director two or, upon request, three 
copies of a written report of the results of the COMS performance evaluation 
conducted under sec.63.8(e). The copies shall be furnished at least 30 calendar 
days before the performance test required under sec.63.7 is conducted. 
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 June 26, 1997.
TRD-9708318
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: July 16, 1997
Proposal publication date: March 18, 1997
For further information, please call: (512) 239-1970

Hazardous Organic NESHAP
30 TAC sec.sec.113.110, 113.120, 113.130, 113.140
The new rules are adopted under the Texas Health and Safety Code, the Texas 
Clean Air Act (TCAA), sec.382.017, which provides the commission with the 
authority to adopt rules consistent with the policy and purposes of the TCAA. 

sec.113.110. Synthetic Organic Chemical Manufacturing Industry (40 CFR 63, 
Subpart F). 
The Synthetic Organic Chemical Manufacturing Industry Maximum Achievable Control 
Technology standard as specified in 40 CFR 63, Subpart F, as amended through 
June 20, 1996, is incorporated by reference. 

sec.113.120. Synthetic Organic Chemical Manufacturing Industry for Process 
Vents, Storage Vessels, Transfer Operations, and Wastewater (40 CFR 63, Subpart 
G). 
The Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage 
Vessels, Transfer Operations, and Wastewater Maximum Achievable Control 
Technology standard as specified in 40 CFR 63, Subpart G, as amended through 
February 29, 1996, is incorporated by reference. 

sec.113.130. Organic Hazardous Air Pollutants for Equipment Leaks (40 CFR 63, 
Subpart H). 
The Organic Hazardous Air Pollutants for Equipment Leaks Maximum Achievable 
Control Technology standard as specified in 40 CFR 63, Subpart H, as amended 
through January 1, 1996, is incorporated by reference. 

sec.113.140. Certain Processes Subject to the Negotiated Regulation for 
Equipment Leaks (40 CFR 63, Subpart I). 
The Certain Processes Subject to the Negotiated Regulations for Equipment Leaks 
Maximum Achievable Control Technology standard as specified in 40 CFR 63, 
Subpart I, as amended through January 17, 1996, is incorporated by reference.
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 June 26, 1997.
TRD-9708319
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: July 16, 1997
Proposal publication date: March 18, 1997
For further information, please call: (512) 239-1970

Industrial Process Cooling Towers
30 TAC sec.113.220
The new rule is adopted under the Texas Health and Safety Code, the Texas Clean 
Air Act (TCAA), sec.382.017, which provides the commission with the authority to 
adopt rules consistent with the policy and purposes of the TCAA. 

sec.113.220. Industrial Process Cooling Towers (40 CFR 63, Subpart Q). 
The Industrial Process Cooling Towers Maximum Achievable Control Technology 
standard as specified in 40 CFR 63, Subpart Q, September 8, 1996, is 
incorporated by reference. 
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 June 26, 1997.
TRD-9708320
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: July 16, 1997
Proposal publication date: March 18, 1997
For further information, please call: (512) 239-1970

Gasoline Distribution Facilities
30 TAC sec.113.230
The new rule is adopted under the Texas Health and Safety Code, the Texas Clean 
Air Act (TCAA), sec.382.017, which provides the commission with the authority to 
adopt rules consistent with the policy and purposes of the TCAA. 

sec.113.230. Gasoline Distribution Facilities (40 CFR 63, Subpart R). 
The Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline 
Breakout Stations) Maximum Achievable Control Technology standard as specified 
in 40 CFR 63, Subpart R, as amended through February 28, 1997, is incorporated 
by reference. 
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 June 26, 1997.
TRD-9708321
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: July 16, 1997
Proposal publication date: March 18, 1997
For further information, please call: (512) 239-1970

Halogenated Solvent Cleaning
30 TAC sec.113.250
The new rule is adopted under the Texas Health and Safety Code, the Texas Clean 
Air Act (TCAA), sec.382.017, which provides the commission with the authority to 
adopt rules consistent with the policy and purposes of the TCAA. 

sec.113.250. Halogenated Solvent Cleaning (40 CFR 63, Subpart T).
The Halogenated Solvent Cleaning Maximum Achievable Control Technology standard 
as specified in 40 CFR 63, Subpart T, as amended through June 6, 1996, is 
incorporated by reference. 
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 June 26, 1997.
TRD-9708322
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: July 16, 1997
Proposal publication date: March 18, 1997
For further information, please call: (512) 239-1970

Secondary Lead Smelting
30 TAC sec.113.290
The new rule is adopted under the Texas Health and Safety Code, the Texas Clean 
Air Act (TCAA), sec.382.017, which provides the commission with the authority to 
adopt rules consistent with the policy and purposes of the TCAA. 

sec.113.290. Secondary Lead Smelting (40 CFR 63, Subpart X). 
The Secondary Lead Smelting Maximum Achievable Control Technology standard as 
specified in 40 CFR 63, Subpart X, as amended through December 12, 1996, is 
incorporated by reference. 
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 June 26, 1997.
TRD-9708323
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: July 16, 1997
Proposal publication date: March 18, 1997
For further information, please call: (512) 239-1970

Marine Vessel Loading
30 TAC sec.113.300
The new rule is adopted under the Texas Health and Safety Code, the Texas Clean 
Air Act (TCAA), sec.382.017, which provides the commission with the authority to 
adopt rules consistent with the policy and purposes of the TCAA. 

sec.113.300. Marine Vessel Loading (40 CFR 63, Subpart Y). 
The Marine Vessel Loading Maximum Achievable Control Technology standard as 
specified in 40 CFR 63, Subpart Y, September 19,1995, is incorporated by 
reference. 
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 June 26, 1997.
TRD-9708324
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: July 16, 1997
Proposal publication date: March 18, 1997
For further information, please call: (512) 239-1970

Magnetic Tape Manufacturing Operations
30 TAC sec.113.360
The new rule is adopted under the Texas Health and Safety Code, the Texas Clean 
Air Act (TCAA), sec.382.017, which provides the commission with the authority to 
adopt rules consistent with the policy and purposes of the TCAA. 

sec.113.360. Magnetic Tape Manufacturing Operations (40 CFR 63, Subpart EE). 
The Magnetic Tape Manufacturing Operations Maximum Achievable Control Technology 
standard as specified in 40 CFR 63, Subpart EE, September 15, 1994, is 
incorporated by reference. 
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 June 26, 1997.
TRD-9708325
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: July 16, 1997
Proposal publication date: March 18, 1997
For further information, please call: (512) 239-1970

CHAPTER 335. Industrial Solid Waste and Municipal Hazardous Waste
The Texas Natural Resource Conservation Commission (commission) adopts an 
amendment to sec.335.1 and adopts new sec.335.261, concerning industrial solid 
waste and municipal hazardous waste. Section 335.261 is adopted with changes to 
the proposed text as published in the April 15, 1997, issue of the Texas 
Register (22 TexReg 3511). Section 335.1 is adopted without changes and will not 
be republished. 
EXPLANATION OF ADOPTED RULES. This rulemaking adopts by reference new 
streamlined federal hazardous waste regulations governing the collection and 
management of certain widely generated wastes known as universal wastes. This 
rulemaking incorporates the Environmental Protection Agency's (EPA) Universal 
Waste Rule, which was promulgated as a final rule in the Federal Register on May 
11, 1995 (60 FedReg 25492). The EPA's existing hazardous waste regulatory 
framework under Subtitle C of the Resource Conservation and Recovery Act has 
been a major impediment to national collection and recycling campaigns for these 
wastes. The universal waste rule will facilitate the environmentally-sound 
collection of universal wastes, increase the proper recycling or treatment of 
universal wastes, and reduce the quantity of universal wastes going to municipal 
solid waste landfills. 
The universal waste rule establishes a streamlined set of management standards 
for collecting certain widely-dispersed hazardous wastes. These wastes share 
several characteristics: 1) they are frequently generated in a wide variety of 
settings other than industrial settings usually associated with hazardous 
wastes; 2) they are generated by a vast community, the size of which poses 
implementation difficulties for both those who are regulated and the regulatory 
agencies charged with implementing the hazardous waste program; and 3) they may 
be present in significant volumes in the nonhazardous waste management system. 
Specifically, the universal waste rule encompasses three types of wastes: 1) all 
hazardous waste batteries, 2) mercury-containing thermostats, and 3) certain 
hazardous waste pesticides. The rule establishes a reduced set of regulatory 
requirements for those facilities managing universal wastes dependent upon 
whether the facility falls into one of four categories: 1) small quantity 
handlers of universal waste (SQHUW), 2) large quantity handlers of universal 
waste (LQHUW), 3) transporters of universal waste, or 4) final destination 
facilities. 
An SQHUW is defined as a handler managing less than 5,000 kilograms (kg) of 
universal waste. The management requirements are minimal for small-quantity 
handlers; for example, there is no notification requirement. An SQHUW is 
required to properly collect the waste and mitigate any spills or releases. The 
handler must also ensure that the waste is delivered only to another universal 
waste handler, transporter or destination facility, or foreign destination. An 
SQHUW is not required to keep records of shipments of universal waste. Training 
requirements amount to basic employee awareness appropriate to the type of waste 
being collected. In addition, the waste must be labeled and may be accumulated 
for up to one year. 
An LQHUW is defined as a handler managing 5,000 kg or more of universal waste. 
Management requirements for LQHUW's are somewhat more detailed. If an LQHUW does 
not presently generate hazardous waste and does not have an EPA identification 
number, one must be obtained prior to exceeding the 5,000 kg storage limit. 
Employee training, labeling requirements, responses to releases and requirements 
for off-site shipments are similar to those for SQHUWs. However, an LQHUW must 
keep records of waste received or shipped off-site for three years. 
Transporters must comply with Department of Transportation regulations relative 
to hazardous materials. The transporter may only store universal wastes at a 
transfer facility for 10 days; if the transporter exceeds this limit, he must 
comply with the requirements of a universal waste handler. The transporter must 
adequately respond to releases and comply with off-site shipment requirements 
identical to those of small and large quantity handlers. Final destination 
facilities must comply with all applicable hazardous waste requirements except 
with regard to off-site shipments, waste tracking, and export requirements, for 
which the requirements are the same as for LQHUWs. The coverage of the universal 
waste rule may be expanded in the future to include other similar wastes. A 
process is included to allow persons to petition the commission for the addition 
of new waste types. In addition to the commission's existing rulemaking 
petitioning process under 30 TAC sec.20.15, this rule provides procedures to be 
used by the commission in responding to petitions and evaluating whether a new 
waste type is appropriate to be added to the universal waste system. 
The amendments to sec.335.1 add new definitions that are unique to the universal 
waste rule. 
New sec.335.261 incorporates by reference the version of 40 Code of Federal 
Regulations Part 273 that was effective on May 11, 1995 (60 FedReg 25492). 
Subsection (b) lists conforming changes necessary for the state to adopt the 
federal rule into existing 30 TAC Chapter 335 by replacing federal cross-
references with the appropriate state cross-references. Subsection (b) is 
adopted with changes to clarify citations to the Texas Water Code regarding the 
organization of the commission, to correct a cross-reference to "EPA" in 40 CFR 
sec.273.32(a)(3), to correct a grammatical error, and also to clarify that the 
definition of SQHUW means a handler who accumulates less than 5,000 kg total of 
universal waste. Subsection (c) sets forth the requirements for the petitioning 
process to add wastes to the universal waste rule. Subsection (c) is adopted 
with changes to clarify that the commission's decisions to grant or deny 
petitions will be based on the commission's determinations with regard to the 
appropriate factors listed in the rule rather than the weight of evidence 
because the term "weight of evidence" is more appropriate for EPA proceedings or 
contested case proceedings but not for commission proceedings related to 
rulemaking.
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact 
Assessment for these rules pursuant to Texas Government Code Annotated 
sec.2007.043. The following is a summary of that assessment. The specific 
purpose of the rules is to adopt a set of streamlined regulations for certain 
categories of widely generated hazardous wastes known as universal wastes. The 
rules will substantially advance this specific purpose by adopting by reference 
the EPA's universal waste rule, which establishes an alternative set of 
regulatory standards designed to encourage recycling in the state, helps remove 
universal wastes from the municipal solid waste stream, and reduces the 
regulatory burden on entities wishing to collect or recycle these wastes. 
Promulgation and enforcement of these rules will not burden private real 
property which is the subject of the rules because the proposed changes provide 
for a streamlined set of regulatory management standards and do not limit or 
restrict a person's rights in private real property. 
COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEW. The commission has reviewed this 
rulemaking for consistency with the Coastal Management Program (CMP) goals and 
policies in accordance with the regulations of the Coastal Coordination Council, 
and has determined that the rulemaking is consistent with the applicable CMP 
goals and policies. 
HEARING AND COMMENTERS. A public hearing on this rule was held in Austin on May 
9, 1997. One commenter presented oral testimony at the public hearing on behalf 
of the Association of Electric Companies of Texas (AECT). The commenter 
expressed general support for the proposed rulemaking and did not suggest any 
changes. 
The following two commenters submitted written comments on the proposed 
rulemaking expressing general support for the proposal and not suggesting any 
changes: Central and South West Corporation (C&SW); and Texas Utilities 
Services, Inc. on behalf of Texas Utilities Electric Company, Texas Utilities 
Fuel Company, and Texas Utilities Mining Company (TU Services). 
ANALYSIS OF TESTIMONY. AECT, C&SW, and TU Services expressed support for the 
belief that the streamlining process outlined in the universal waste rule will 
promote recycling and remove certain barriers associated with the management of 
some low volume commonly generated waste streams. All three commenters also 
mentioned that the EPA is considering several management scenarios for lighting 
waste, one of which is to exclude these wastes from hazardous waste regulation 
contingent on disposal of the lighting waste in a state-approved Subtitle D 
municipal solid waste landfill. The commenters suggested that management in this 
type of municipal landfill is a cost-effective and environmentally protective 
approach to dealing with lighting waste. Finally, the three commenters expressed 
support for the commission's decision to defer inclusion of lighting waste in 
the universal waste rule pending EPA's assessment. 
C&SW and TU Services further commended the commission for moving forward with 
its own in-house peer review of the lighting waste issue and suggested that the 
review include a comprehensive, risk-based evaluation of the issue including 
consideration of factors such as current practices, impacts to the environment, 
available recycling resources, economics, and sampling/testing difficulties. 
The commission notes the commenters' support for the proposed rule and their 
concerns and support regarding the issue of lighting waste; however, the issue 
of lighting waste is outside the scope of this rulemaking as proposed and no 
changes have been made in response to these comments. 

SUBCHAPTER A. Industrial Solid Waste and Municipal Hazardous Waste in General
30 TAC sec.335.1
STATUTORY AUTHORITY. The amendment is adopted under Texas Water Code sec.5.103 
and sec.5.105, which provide the commission with the authority to adopt any 
rules necessary to carry out its powers and duties under the provisions of the 
Texas Water Code or other laws of this state; and under Texas Health and Safety 
Code, Solid Waste Disposal Act, sec.361.017 and sec.361.024, which authorize the 
commission to regulate industrial solid waste and municipal hazardous waste and 
to adopt rules consistent with the general intent and purposes of the Act. 
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 June 26, 1997.
TRD-9708326
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: July 16, 1997
Proposal publication date: April 15, 1997
For further information, please call: (512) 239-1970

SUBCHAPTER H. Standards for the Management of Specific Wastes and Specific Types 
of Facilities
30 TAC sec.335.261
This new section is adopted under Texas Water Code sec.5.103 and sec.5.105, 
which provide the commission with the authority to adopt any rules necessary to 
carry out its powers and duties under the provisions of the Texas Water Code or 
other laws of this state; and under Texas Health and Safety Code, Solid Waste 
Disposal Act, sec.361.017 and sec.361.024, which authorize the commission to 
regulate industrial solid waste and municipal hazardous waste and to adopt rules 
consistent with the general intent and purposes of the Act. 

sec.335.261. Universal Waste Rule.
(a) Except as provided in subsection (b) of this section, Title 40 Code of 
Federal Regulations (CFR) Part 273 is adopted by reference as adopted and 
effective on May 11, 1995, at 60 FedReg 25492. 
(b) Title 40 CFR Part 273 is adopted subject to the following changes: 
(1) The term "regional administrator" is changed to "executive director" or 
"commission" consistent with the organization of the commission as set out in 
the Texas Water Code, Chapter 5. 
(2) The terms "U.S. Environmental Protection Agency" and "EPA" are changed to 
"the Texas Natural Resource Conservation Commission," "the agency," or "the 
commission" consistent with the organization of the commission as set out in the 
Texas Water Code, Chapter 5. This paragraph does not apply to 40 CFR 
sec.273.32(a)(3) or sec.273.52 or to references to the following: "EPA 
Acknowledgment of Consent" or "EPA Identification Number."
(3) The term "treatment" is changed to "processing." 
(4) In 40 CFR sec.273.2(a) and (b), references to "40 CFR part 266, subpart G," 
are changed to "sec.335.251 of this title (relating to Applicability and 
Requirements)." 
(5) In 40 CFR sec.273.2(b)(2), the reference to "part 261 of this chapter" is 
changed to "Chapter 335 of this title (relating to Industrial Solid Waste and 
Municipal Hazardous Waste)." 
(6) In 40 CFR sec.273.3(b)(1), the reference to "40 CFR 262.70" is changed to 
"sec.335.77 of this title (relating to Farmers)." Also, the phrase "(40 CFR 
262.70 addresses pesticides disposed of on the farmer's own farm in a manner 
consistent with the disposal instructions on the pesticide label, providing the 
container is triple rinsed in accordance with 40 CFR 261.7(b)(3))" is deleted. 
(7) In 40 CFR sec.273.3(b)(2), the reference to "40 CFR parts 260 through 272" 
is changed to "Chapter 335 of this title (relating to Industrial Solid Waste and 
Municipal Hazardous Waste)." 
(8) In 40 CFR sec.273.3(b)(3), the reference to "part 261 of this chapter" is 
changed to "Chapter 335 of this title (relating to Industrial Solid Waste and 
Municipal Hazardous Waste)." 
(9) In 40 CFR sec.273.3(d)(1)(i) and (ii), references to "40 CFR 261.2" are 
changed to "sec.335.1 of this title (relating to Definitions)."
(10) In 40 CFR sec.273.4(b)(1), the reference to "part 261 of this chapter" is 
changed to "Chapter 335 of this title (relating to Industrial Solid Waste and 
Municipal Hazardous Waste)." 
(11) In 40 CFR sec.273.5(a)(1), the reference to "40 CFR 261.4(b)(1)" is changed 
to "sec.335.1 of this title (relating to Definitions)."
(12) In 40 CFR sec.273.5(a)(2), the reference to "40 CFR 261.5" is changed to 
"sec.335.78 of this title (relating to Special Requirements for Hazardous Waste 
Generated by Conditionally Exempt Small Quantity Generators)." 
(13) In 40 CFR sec.273.6, the definitions of "Generator" and "On-site" are 
replaced with the corresponding definitions found in sec.335.1 of this title 
(relating to Definitions). Also, the definition of "Small Quantity Handler of 
Universal Waste" is changed to read "Small Quantity Handler of Universal Waste 
means a universal waste handler (as defined in this section) who accumulates 
less than 5,000 kilograms total of universal waste (batteries, pesticides, or 
thermostats, calculated collectively) at any time." 
(14) In 40 CFR sec.273.13(a)(3)(i), the reference to "40 CFR parts 260 through 
272" and the reference to "40 CFR part 262" are changed to "Chapter 335 of this 
title (relating to Industrial Solid Waste and Municipal Hazardous Waste)." 
(15) In 40 CFR sec.273.13(c)(2)(iii) and (iv), references to "40 CFR 262.34" are 
changed to "sec.335.69 of this title (relating to Accumulation Time)." 
(16) In 40 CFR sec.273.13(c)(3)(ii), the reference to "40 CFR parts 260 through 
272" and the reference to "40 CFR part 262" are changed to "Chapter 335 of this 
title (relating to Industrial Solid Waste and Municipal Hazardous Waste)." 
(17) In 40 CFR sec.273.17(b), the reference to "40 CFR parts 260 through 272" 
and the reference to "40 CFR part 262" are changed to "Chapter 335 of this title 
(relating to Industrial Solid Waste and Municipal Hazardous Waste)." 
(18) In 40 CFR sec.273.20(a), the reference to "40 CFR 262.53, 262.56(a)(1) 
through (4), (6), and (b) and 262.57" is changed to "sec.335.13 of this title 
(relating to Recordkeeping and Reporting Procedures Applicable to Generators 
Shipping Hazardous Waste or Class 1 Waste and Primary Exporters of Hazardous 
Waste) and sec.335.76 of this title (relating to Additional Requirements 
Applicable to International Shipments)." 
(19) In 40 CFR sec.273.20(b), the reference to "subpart E of part 262 of this 
chapter" is changed to "sec.335.13 of this title and sec.335.76 of this title." 
(20) In 40 CFR sec.273.33(a)(3)(i), the reference to "40 CFR parts 260 through 
272" and the reference to "40 CFR part 262" are changed to "Chapter 335 of this 
title (relating to Industrial Solid Waste and Municipal Hazardous Waste)." 
(21) In 40 CFR sec.273.33(c)(2)(iii) and (iv), the references to "40 CFR 262.34" 
are changed to "sec.335.69 of this title (relating to Accumulation Time)." 
(22) In 40 CFR sec.273.33(c)(3)(ii), the reference to "40 CFR parts 260 through 
272" and the reference to "40 CFR part 262" are changed to "Chapter 335 of this 
title (relating to Industrial Solid Waste and Municipal Hazardous Waste)." 
(23) In 40 CFR sec.273.37(b), the reference to "40 CFR parts 260 through 272" 
and the reference to "40 CFR part 262" are changed to "Chapter 335 of this title 
(relating to Industrial Solid Waste and Municipal Hazardous Waste)." 
(24) In 40 CFR sec.273.40(a), the reference to "40 CFR 262.53, 262.56(a)(1) 
through (4), (6), and (b) and 262.57" is changed to "sec.335.13 of this title 
(relating to Recordkeeping and Reporting Procedures Applicable to Generators 
Shipping Hazardous Waste or Class 1 Waste and Primary Exporters of Hazardous 
Waste) and sec.335.76 of this title (relating to Additional Requirements 
Applicable to International Shipments)." 
(25) In 40 CFR sec.273.40(b), the reference to "subpart E of part 262 of this 
chapter" is changed to "sec.335.13 of this title and sec.335.76 of this title." 
(26) In 40 CFR sec.273.52(a), the reference to "40 CFR part 262" is changed to 
"Chapter 335 of this title (relating to Industrial Solid Waste and Municipal 
Hazardous Waste)." 
(27) In 40 CFR sec.273.52(b), the reference to "40 CFR part 262" is changed to 
"Chapter 335 of this title (relating to Industrial Solid Waste and Municipal 
Hazardous Waste)." 
(28) In 40 CFR sec.273.54(b), the reference to "40 CFR parts 260 through 272" 
and the reference to "40 CFR part 262" are changed to "Chapter 335 of this title 
(relating to Industrial Solid Waste and Municipal Hazardous Waste)." 
(29) In 40 CFR sec.273.60(a), the reference to "parts 264, 265, 266, 268, 270, 
and 124 of this chapter" is changed to "Title 30 Texas Administrative Code 
(relating to Environmental Quality)." 
(30) In 40 CFR sec.273.60(b), the reference to "40 CFR 261.6(c)(2)" is changed 
to "sec.335.24 of this title (relating to Requirements for Recyclable Materials 
and Nonhazardous Recyclable Materials)." 
(31) In 40 CFR sec.273.80(a), the reference to "40 CFR 260.20 and 260.23" is 
changed to "sec.20.15 of this title (relating to Petition for Adoption of Rules) 
and sec.335.261(c) of this title (relating to Universal Waste Rule)." 
(32) In 40 CFR sec.273.80(b), the reference to "40 CFR 260.20(b)" is changed to 
"sec.20.15 of this title." 
(33) In 40 CFR sec.273.81(a), the reference to "40 CFR 260.10" is changed to 
"sec.335.1 of this title (relating to Definitions)."
(c) Any person seeking to add a hazardous waste or a category of hazardous waste 
to the universal waste rule may file a petition for rulemaking under this 
section, sec.20.15 of this title, and subpart G of 40 CFR part 273 as adopted by 
reference in this section. 
(1) To be successful, the petitioner must demonstrate to the satisfaction of the 
commission that regulation under the universal waste rule: is appropriate for 
the waste or category of waste; will improve management practices for the waste 
or category of waste; and will improve implementation of the hazardous waste 
program. The petition must include the information required by sec.20.15 of this 
title. The petition should also address as many of the factors listed in 40 CFR 
sec.273.81 as are appropriate for the waste or category of waste addressed in 
the petition. 
(2) The commission will grant or deny a petition using the factors listed in 40 
CFR sec.273.81. The decision will be based on the commission's determinations 
that regulation under the universal waste rule is appropriate for the waste or 
category of waste, will improve management practices for the waste or category 
of waste, and will improve implementation of the hazardous waste program. 
(3) The commission may request additional information needed to evaluate the 
merits of the petition. 
(d) Any waste not qualifying for management under 40 CFR part 273, as adopted by 
reference in this section, must be managed in accordance with applicable state 
regulations. 
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 June 26, 1997.
TRD-9708327
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: July 16, 1997
Proposal publication date: April 15, 1997
For further information, please call: (512) 239-1970

TITLE 31. NATURAL RESOURCES AND CONSERVATION
PART I. General Land Office
CHAPTER 15.Coastal Area Planning
SUBCHAPTER A.Management of Beach/Dune System
31 TAC sec.15.11
The General Land Office adopts an amendment to sec.15.11, concerning 
certification of local government dune protection and beach access plans, 
without changes to the proposed text as published in the May 23, 1997, issue of 
the Texas Register (22 TexReg 4412).
The purpose of the rule amendment is to change the certification of the Nueces 
County Beach Management Plan (Plan) from interim to final. 
On March 25, 1992, the Nueces County commissioners court adopted by order the 
Nueces County Beach Management Plan. Nueces County requested that the General 
Land Office develop an interim approval process so that Nueces County could 
develop and begin implementation of its Plan prior to the General Land Office's 
final adoption of the rules for Management of the Beach/Dune System (31 TAC 
sec.sec.15.1-15.10) (beach/dune rules). The General Land Office issued interim 
certification to Nueces County on October 9, 1992, with the condition that the 
Plan be revised later as necessary to comply with state law. The beach/dune 
rules were adopted to be effective February 17, 1993 (18 TexReg 661) and amended 
to be effective April 16, 1996 (21 TexReg 3004). Nueces County has revised its 
Plan in response to comments from the General Land Office and the Attorney 
General's office and in accordance with state law. No comments were received 
regarding adoption of the amendment.
The General Land Office has prepared a takings impact assessment for the 
adoption of this amendment. The General Land Office has determined that adoption 
of this amendment will not result in a taking of private real property. To 
receive a copy of this takings impact assessment, please send a written request 
to Ms. Cheli Cook, Texas General Land Office, Legal Services Division, 1700 
North Congress Avenue, Room 626, Austin, Texas 78701-1495, facsimile number 
512/463-6311. 
The adopted certification of the Nueces County Plan is subject to the Texas 
Coastal Management Program, 31 TAC sec.sec.501.1-506.52. The General Land Office 
has reviewed this action for consistency with the Texas Coastal Management 
Program (CMP) goals and policies in accordance with the regulations of the 
Coastal Coordination Council and has determined that the action is consistent 
with the applicable CMP goals and policies. The CMP goals and policies regarding 
construction in the beach/dune system, 31 TAC sec.501.14(k), apply to this 
action. 
The amendment is adopted under the Texas Natural Resources Code, sec.sec.63.121, 
61.011, and 61.015(b), which provides the General Land Office with the authority 
to: identify and protect critical dune areas; preserve and enhance the public's 
right to use and have access to and from Texas' public beaches; protect the 
public easement from erosion or reduction caused by development or other 
activities on adjacent land; and other minimum measures needed to mitigate for 
any adverse effect on public access and dune areas. The amendment is also 
adopted pursuant to the Texas Natural Resources Code, sec.33.601, which provides 
the General Land Office with the authority to adopt rules on erosion, and the 
Texas Water Code, sec.16.321, which provides the General Land Office with the 
authority to adopt rules on coastal flood protection.
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 June 27, 1997.
TRD-9708433
Garry Mauro
Commissioner
General Land Office
Effective date: July 17, 1997
Proposal publication date: May 23, 1997
For further information, please call: (512) 305-9129

TITLE 37. PUBLIC SAFETY AND CORRECTIONS
PART I. Texas Department of Public Safety
CHAPTER 3.Traffic Law Enforcement
Assistance to Local Agencies
37 TAC sec.3.121
The Texas Department of Public Safety adopts new sec.3.121, concerning 
assistance to local agencies, without changes to the proposed text as published 
in the May 6, 1997, issue of the Texas Register (22 TexReg 3985). 
The justification for the new section will be increased public safety. The new 
section promulgates the department's policy regarding officer assistance to 
local agencies or political subdivisions. 
No comments were received regarding adoption of the new section. 
The new section is adopted pursuant to Texas Government Code, sec.411.006(4), 
which provides the director with the authority to adopt rules, subject to 
commission approval, considered necessary for the control of the department. 
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 June 27, 1997.
TRD-9708384
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: July 17, 1997
Proposal publication date: May 6, 1997
For further information, please call: (512) 424-2890

CHAPTER 15.Drivers License Rules
Denial of Renewal of Driver's License for Failure to Appear for Traffic 
Violation
37 TAC sec.sec.15.111-15.124
The Texas Department of Public Safety adopts new sec.15.111-15.124, concerning 
denial of renewal of driver's license for failure to appear for traffic 
violation. Section 15.118 is adopted with changes to the proposed text as 
published in the April 29, 1997, issue of the Texas Register (22 TexReg 3772). 
Sections 15.111-15.117 and sec.sec.15.119-15.124 are adopted without changes and 
will not be republished. 
The justification for the new sections will be an increased level of compliance 
by traffic violators in their obligations to appear at a hearing. 
The new sections will implement Texas Civil Statutes, Article 6687d, to be 
recodified as Texas Transportation Code, Chapter 706. Senate Bill 1504, passed 
by the 74th Legislature, 1995, authorizes the Texas Department of Public Safety 
to deny renewal of a driver's license to an applicant who has failed to make a 
required appearance for a hearing on a traffic violation, when certain statutory 
criteria are satisfied. 
The single change relates to sec.15.118, relating to the Clearance Report, 
concerning the time within which a political subdivision has to file a clearance 
report. The rule as originally proposed would have required the clearance report 
to be filed within 24 hours of compliance. No written comments were received; 
however, a number of political subdivisions have expressed concerns regarding 
compliance with the proposed 24 hour filing requirement. The department agrees 
with these concerns and has amended the proposed rule. The rule as adopted 
requires the clearance report to be filed within one business day. No comments 
were received regarding adoption of the new sections. 
The new sections are adopted pursuant to Texas Civil Statutes, Article 6687d, 
sec.7, which authorizes the department to adopt rules to implement this article, 
and pursuant to Texas Government Code, sec.411.006(4), which authorizes the 
director of the Department of Public Safety to adopt rules, subject to approval 
of the Public Safety Commission, considered necessary for the control of the 
department. 

sec.15.118.Clearance Report.
A clearance report is required to be filed by the political subdivision when 
there is no cause to continue to deny renewal of a person's driver's license 
based on the person's previous failure to appear for a traffic violation. In all 
cases when a clearance report is required, the political subdivision shall 
notify the department or the department's designee within one business day. The 
clearance report shall contain the following information:
(1) the name of the political subdivision submitting the report;
(2) the jurisdiction in which offense occurred; 
(3) the name, date of birth, and the Texas driver's license number of the person 
alleged to have committed the traffic law violation;
(4) the date of the alleged violation; 
(5) the offense title or a brief description of the alleged traffic law 
violation; 
(6) the basis for the clearance; 
(7) whether a fee was required; 
(8) whether a required fee was paid; and 
(9) any other information required by the department.
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 June 27, 1997.
TRD-9708385
Dudley M. Thomas
Director
Texas Department of Public Safety
Effective date: July 17, 1997
Proposal publication date: April 29, 1997
For further information, please call: (512) 424-2890

TITLE 40. SOCIAL SERVICES AND ASSISTANCE
PART I. Texas Department of Human Services
CHAPTER 47.Primary Home Care
Support Documents
40 TAC sec.47.5901, sec.47.5902
The Texas Department of Human Services (DHS) adopts amendments to sec.47.5901 
and sec.47.5902, without changes to the text published in the May 6, 1997, issue 
of the Texas Register (22 TexReg 3985). 
The justification for the amendments is to combine the Primary Home Care field 
supervisor cost area component with the Family Care field supervisor cost area 
component. The change creates a single field supervisor cost area for 
reimbursement determination by consolidating the reporting of these costs on the 
cost report. 
The amendments will function by no longer requiring contracted providers to keep 
separate records for these costs, therefore reducing the paperwork needed to 
complete the cost report. 
No comments were received regarding adoption of the amendments. 
The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 
and 32, which provides the department with the authority to administer public 
and medical assistance programs and under Texas Government Code sec.531.021, 
which provides the Health and Human Services Commission with the authority to 
administer federal medical assistance funds. 
The amendments implement sec.sec.22.001-22.030 and 32.001-32.041 of the Human 
Resources 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 June 27, 1997.
TRD-9708396
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: September 1, 1997
Proposal publication date: May 6, 1997
For further information, please call: (512) 438-3765

TITLE 43. TRANSPORTATION
PART I. Texas Department of Transportation
CHAPTER 13.Materials Quality
SUBCHAPTER A.General
43 TAC sec.sec.13.1, 13.4-13.7
The Texas Department of Transportation adopts the repeals of sec.13.1 and 
sec.sec.13.4-13.7, concerning the testing of materials and prequalification 
requirements for commercial laboratories without changes to the proposed text as 
published in the May 6, 1997, issue of the Texas Register (22 TexReg 3987). 
These rules are being repealed since they do not reflect the current policies, 
procedures, or practices of the department as they are currently written.
No comments were received on the proposed repeals. 
The repeals are adopted under Transportation Code, sec.201.101, which provides 
the Texas Transportation Commission with the authority to establish rules for 
the conduct of the work of the Texas Department of Transportation.
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 July 17, 1997.
TRD-9708405
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Effective date: July 17, 1997
Proposal publication date: May 6, 1997
For further information, please call: (512) 463-8630