Part 1.
RAILROAD COMMISSION OF TEXAS
Chapter 3.
OIL AND GAS DIVISION
16 TAC §3.78
The Railroad Commission of Texas proposes amendments to §3.78,
relating to Fees, Performance Bonds and Alternate Forms of Financial Security
Required to be Filed.
The Commission proposes the amendments to §3.78 under the provisions
of Texas Natural Resources Code, §91.1041 and §91.1042, which require
the Commission to adopt rules setting a reasonable amount of financial security
for each bay or offshore well above the base amount of financial security
required to be submitted by each operator.
The proposed amendments to §3.78 implement statutory changes made
to the Texas Natural Resources Code by Senate Bill 310, 77th Legislature (2001)
to financially strengthen and to better utilize the state's Oil Field Clean
Up Fund ("OFCUF"). The statutory changes were recommended during the agency
review process of the Commission by the Sunset Advisory Commission, and added
to Texas Natural Resources Code as §91.1041 and §91.1042.
Commission records indicate that 146 operators operate 783 bay wells and
278 offshore wells. Of the 146 operators, 104 operate from one to five bay
and offshore wells. Additionally, when calculated based on the provisions
of current §3.78(j)(2)(A), the amount of financial security for 96 of
the 146 operators is $50,000 or less.
Based on state-funded pluggings of bay wells in 2000, 2001, and 2002, the
average cost to plug an abandoned bay well is approximately $60,000. This
estimate reflects the use of specialized equipment, mobilization costs, and
access issues created by the location of the wells. These same costs are the
basis for the $250,000 estimate for plugging offshore wells. Based on this
information, the Commission presumes for the purpose of the additional financial
security requirements for bay and offshore wells that the average cost to
plug a bay well is $60,000 and the average cost to plug an offshore well is
$250,000. When these average costs are applied to the current population of
bay and offshore wells, the estimated cost to plug all bay and offshore wells
is $116,480,000. The proposed amendments, when applied to the operators of
bay and offshore wells, will require the 146 operators to post a total of
$115,620,000 in additional financial security.
The Commission also recognizes that in comparison to the majority of land
wells, bay and offshore wells pose a more significant potential pollution
threat due to their proximity to water. If the Commission is required to expend
funds from the OFCUF to assess, contain, and remediate any pollution caused
by a bay or offshore well, the Commission will be able to seek reimbursement
for any necessary expenditures from the additional financial security posted
by the operator of the well causing the pollution.
For the majority of operators currently operating bay and offshore wells,
the estimated cost to plug a single well greatly exceeds the total amount
of financial security currently required under Commission rules. The Commission
finds that the amounts of additional financial security recommended for bay
and offshore wells by these amendments will ensure that sufficient financial
security is in place to adequately fund any necessary clean-up and plugging
operations.
The proposed amendments also provide the opportunity for any affected person
to challenge the amount of required additional bonding through a hearing at
which clear and convincing evidence establishes that the bond amount should
be either decreased or increased.
Leslie Savage, Administrative Planner, Planning and Administration, Oil
and Gas Division, has determined that for the first year the amendments will
be in effect, there will be no substantial net fiscal implications for state
government as a result of enforcing or administering the amendments. The state
will incur some minimal costs as a result of minor programming changes to
the Commission's mainframe computer system. In addition, there could be some
cost associated with any hearings that are held as provided for in §3.78(j)(2)(D).
However, the costs of these hearings should be offset by the savings to the
Commission in staff time previously expended to pursue enforcement actions
to collect plugging costs.
There will be no effect on local government.
Ms. Savage has estimated that the cost of compliance with the proposed
amendments for the individual, small business, or micro-business producer
will be an additional business expense in the premium for the bond obtained,
the fee associated with the issuance of a letter of credit, or the loss of
any interest which could be generated by any cash deposit made with the Commission.
Additionally, operators who request a hearing to rebut the presumed amount
of the additional financial security requirement may incur costs associated
with preparing for and attending the hearing, including but not limited to
costs for hiring legal counsel and other experts, preparing documents and
other evidence, and traveling to Austin for the hearing.
Mark Helmueller, Hearings Examiner, Oil and Gas Section, Office of General
Counsel, has determined that for each year of the first five years that the
amendments will be in effect, the primary public benefit will be the implementation
of the additional financial security required by the Legislature for bay and
offshore wells. In addition to ensuring that sufficient financial security
is in place to adequately fund any necessary clean-up and plugging operations,
the additional financial security should reduce the amount of funds required
from the OFCUF to conduct any necessary clean-up and plugging of abandoned
bay and offshore wells. This will allow the Commission to both plug more wells
with funds from the OFCUF and to accelerate clean-up and plugging operations
in the areas of greatest need.
Comments may be submitted to Mark Helmueller, Hearings Examiner, Oil and
Gas Section, Office of General Counsel, Railroad Commission of Texas, P.O.
Box 12967, Austin, Texas 78711-2967 or via electronic mail to mark.helmueller@rrc.state.tx.us.
Comments will be accepted for 60 days after publication in the
Texas Register
and should refer to the docket number of this rulemaking
proceeding: 20-0230568. For further information, call Mr. Helmueller at (512)
463-6802.
The Commission proposes the amendments to §3.78 pursuant
to Texas Natural Resources Code, §81.051 and §81.052, which provide
the Commission with jurisdiction over all persons owning or engaged in drilling
or operating oil or gas wells in Texas and the authority to adopt all necessary
rules for governing and regulating persons and their operations under the
jurisdiction of the Commission, and Texas Natural Resources Code, §91.1041
and §91.1042, which authorize the Commission to set by rule the amount
of the bond for an operator of one or more bay or offshore wells.
Texas Natural Resources Code, §§81.051, 81.052, 85.202, 88.011,
91.101, 91.103, 91.104, 91.1041, 91.1042, 91.105 - 91.108, 91.1091, 91.111
- 91.113, and 91.142, are affected by the proposed amendments.
Issued in Austin, Texas on March 5, 2002.
§3.78.Fees, Performance Bonds and Alternate Forms of Financial Security Required To Be Filed.
(a) - (i)
(No change.)
(j)
Amount of bond, letter of credit, or cash deposit.
(1)
A person who operates one or more wells may file an individual
performance bond, letter of credit or cash deposit in an amount equal to
the sum of
$2.00 for each foot of total well depth for each well
operated
, plus an additional amount [
(2)
A person operating wells may file a blanket bond, letter
of credit or cash deposit to cover all wells for which a bond, letter of credit
or cash deposit is required in an amount equal to the sum of
the base
amount determined by the total number of wells operated, plus an additional
amount for each bay and offshore well operated.
[
(A)
The
[
(i)
a person who operates 10 or fewer wells or performs other
operations shall have a base amount of $25,000;
(ii)
a person who operates more than 10 but fewer than 100
wells shall have a base amount of $50,000; and
(iii)
a person who operates 100 or more wells shall have a
base amount of $250,000, plus;
(B)
The additional amount for each bay well
operated shall be as follows:
(i)
for a person who operates five or fewer bay wells, an additional
amount of $60,000 for each well operated;
(ii)
for a person who operates more than five but fewer than
10 bay wells, an additional amount of $350,000;
(iii)
for a person who operates at least 10 but fewer than
20 bay wells, an additional amount of $750,000;
(iv)
for a person who operates at least 20 but fewer than 30
bay wells, an additional amount of $1,500,000;
(v)
for a person who operates at least 30 but fewer than 40
bay wells, an additional amount of $2,000,000;
(vi)
for a person who operates at least 40 but fewer than 50
bay wells, an additional amount of $4,000,000; and
(vii)
for a person who operates 50 or more bay wells, an additional
amount of $5,000,000, plus;
[(B)
an additional amount, to be determined
by the Commission in a subsequent rulemaking, for each bay well operated,
plus]
(C)
The additional amount for each offshore
well operated shall be as follows:
(i)
for a person who operates five or fewer offshore wells,
an additional amount of $250,000 for each well operated;
(ii)
for a person who operates more than five but fewer than
10 offshore wells, an additional amount of $1,500,000;
(iii)
for a person who operatees at least 10 but fewer than
20 offshore wells, an additional amount of $3,000,000;
(iv)
for a person who operates at least 20 but fewer than 30
offshore wells, an additional amount of $6,000,000;
(v)
for a person who operates at least 30 but fewer than 40
offshore wells, an additional amount of $9,000,000;
(vi)
for a person who operates at least 40 but fewer than 50
offshore wells, an additional amount of $12,000,000; and
(vii)
for a person who operates 50 or more offshore wells,
an additional amount of $15,000,000.
[(C)
an additional amount, to be determined
by the Commission in a subsequent rulemaking, for each offshore well operated.]
(D)
An operator or any other interested person
may rebut the amount of additional bonding required by this section for each
bay well or offshore well operated or may rebut the total sum of any additional
bonding required by this section for all bay and offshore wells operated by
presenting at hearing clear and convincing evidence establishing a higher
or lower prospective plugging cost for the wells operated. The operator, Commission
staff, or any owner of the surface or mineral estate on which any well is
located may initiate a hearing for the purpose of setting the amount of any
additional bond requirement by filing a request for hearing.
(3)
A person operating wells and performing other operations,
who chooses to cover all operations by a blanket performance bond, letter
of credit or cash deposit shall file a bond, letter of credit or cash deposit
in an amount determined by the total number of wells
plus any additional
amount required under paragraph (2) of this subsection for the operation of
any bay or offshore wells
, but not less than $25,000. Only one blanket
performance bond, letter of credit or cash deposit is required for a person
performing multiple operations, unless the person is operating a commercial
facility subject to the financial security requirements of subsection (p)
of this section.
(4)
Financial security amounts are the minimum amounts required
by this section to be filed. A person may file a greater amount if desired.
(k) - (p)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 5, 2002.
TRD-200201332
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: April 21, 2002
For further information, please call: (512) 475-1295
Chapter 26.
SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS
Subchapter F. REGULATION OF TELECOMMUNICATIONS SERVICE
16 TAC §26.125
The Public Utility Commission of Texas (commission) proposes
amendments to §26.125 relating to Automatic Dial Announcing Devices (ADADs)
and related forms. The proposed amendments will clarify the permit application
and renewal process for ADAD permit holders and annual required information
and reduce the fees for applicants. Project Number 23528 has been assigned
to this proceeding.
The commission is also considering revisions to the
Texas Permit Application
form and the
ADAD
Permit Renewal Application
form. The commission is proposing a
Betsy Tyson, Network Analyst, Telecommunications Division and Mark Gladney,
Attorney, Legal Division, have determined that for each year of the first
five-year period the proposed section is in effect there will be no fiscal
implications for state or local government as a result of enforcing or administering
the section.
Ms. Tyson and Mr. Gladney have determined that for each year of the first
five years the proposed sections is in effect the public benefit anticipated
as a result of enforcing the section will be more accurate information on
this industry, increased protection of customers in a competitive environment,
and increased enforcement. There will be no effect on small businesses or
micro-businesses as a result of enforcing this section. There is no anticipated
economic cost to persons who are required to comply with the section as proposed.
Ms. Tyson and Mr. Gladney have also determined that for each year of the
first five years the proposed section is in effect there should be no effect
on a local economy, and therefore no local employment impact statement is
required under Administrative Procedure Act §2001.022.
Comments on the proposed amendment and forms (16 copies) may be submitted
to the Filing Clerk, Public Utility Commission of Texas, 1701 North Congress
Avenue, P.O. Box 13326, Austin, Texas 78711-3326, within 30 days after publication.
The commission invites specific comments regarding the costs associated with,
and benefits that will be gained by, implementation of the proposed section.
The commission will consider the costs and benefits in deciding whether to
adopt the section. All comments should refer to Project Number 23528.
This amendment is proposed under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 (Vernon 1998, Supplement
2002) (PURA), which provides the Public Utility Commission with the authority
to make and enforce rules reasonably required in the exercise of its powers
and jurisdiction and specifically PURA §55.129, which provides that an
ADAD operator must obtain a permit from the commission.
Cross Reference to Statutes: Public Utility Regulatory Act, §14.002;
Chapter 15, Subchapter B; Chapter 17, Subchapter B; and Chapter 55, Subchapter
F.
§26.125.Automatic Dial Announcing Devices (ADADs) [
(a)
Purpose. The purpose of this section is to regulate the
use of
ADADs
[
(b)
Requirements for use of an
ADAD
[
(1) - (2)
(No change.)
(3)
Within the first 30 seconds of the call, the ADAD message
must clearly state the nature of the call, the identity of the business, individual,
or other entity initiating the call, and the telephone number (other than
that of the ADAD which placed the call) or address of
the
[
(A)
for debt collection purposes
in compliance with applicable federal law and regulations; and
(B)
by a live operator for automated
dialing or hold announcement purposes.
(4)
(No change.)
(5)
The device must disconnect from the called person's line
no later than five seconds after the call is terminated by either party or,
if the device cannot disconnect within that period, a live operator must introduce
the call and receive the oral consent of the called person before beginning
the message. In addition, the device must comply with the line seizure requirements
in 47 Code of Federal Regulations §68.318(c) [
(6)
(No change.)
(7)
All ADAD solicitors shall meet
the requirements for telephone solicitors set forth in §26.126 of this
title (relating to Telephone Solicitation).
(8)
[
(A)
for solicitation before noon or after 9:00 p.m. on a Sunday
or before 9:00 a.m. or after 9:00 p.m. on a weekday or a Saturday; or
(B)
for collection purposes at an hour at which collection
calls would be prohibited under the federal Fair Debt Collection Practices
Act (15 United States Code §1692, et seq.).
(9)
[
(10)
[
(A)
a statement that a charge will be incurred by a caller
who makes a call to a pay-per-call information services telephone number;
(B)
the amount of the flat-rate or cost-per-minute charge that
will be incurred or the amount of both if both charges will be incurred; and
(C)
the estimated amount of time required to receive the entire
information offered by the service during a call.
(c)
Permit to operate an ADAD.
(1)
An application for a permit to use one or more ADADs must
be made using a form prescribed by the commission and must be accompanied
by a fee of
$50
[
(2)
Each application for the issuance or renewal of a permit
under this section must contain the telephone number of each ADAD that will
be used and the physical address from which the ADAD will operate
in
the format required by the commission
. If the telephone number of an
ADAD or the physical address from which the ADAD operates changes, the owner
or operator of the ADAD shall notify the commission by certified mail
in the required format
of each new number or address not later than
the 48th hour before the hour at which the ADAD will begin operating with
the new telephone number or at the new address. If the owner or operator of
an ADAD fails to notify the commission as required by this subsection within
the period prescribed by this subsection, the permit is automatically invalid.
(3) - (5)
(No change.)
(d)
(No change.)
(e)
Complaints, investigation, and enforcement.
(1)
If the commission determines that a person has violated
the requirements of this section, the telecommunications utility providing
service to the user of the ADAD shall comply with a commission order to disconnect
service to the person. The telecommunications utility may reconnect service
to the person only on a determination by the commission that the person will
comply with this section. The
telecommunications
utility shall
give notice to the person using the
ADAD
[
(2)
A telecommunications utility may, without an order by the
commission or a court, disconnect or refuse to connect service to a person
using or intending to use an ADAD if the
telecommunications
utility
determines that the device would cause or is causing network harm.
(3)
(No change.)
(f)
(No change.)
[
[
[
(g)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 8, 2002.
TRD-200201452
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: April 21, 2002
For further information, please call: (512) 936-7308
Chapter 62.
CAREER COUNSELING SERVICES
16 TAC §62.80
The Texas Department of Licensing and Regulation ("Department")
proposes an amendment to §62.80 concerning the fees for the Career Counseling
Services program.
The Department proposes to increase the fees for an original certificate
of authority and a renewal certificate of authority from $1,000 to $2,400
each.
The Department is required by the Texas Occupations Code, Chapter 51, §51.202
to set fees in amounts reasonable and necessary to cover the costs of administering
programs, which include the Career Counseling Services program. The fees currently
in place are below the amounts needed to cover program costs in current and
future periods. Without the proposed increase in fee revenues, there could
be an adverse impact on the administration and enforcement of the Career Counseling
Services program.
Jimmy G. Martin, Director of Enforcement, has determined that for the first
five-year period the proposed amendment is in effect, there will be no additional
cost to state or local governments as a result of administering or enforcing
the fee changes.
Mr. Martin also has determined that for each year of the first five-year
period the proposed amendment is in effect, the public benefit will be an
increase in the general revenue of the Department which should help to enhance
the future administration and enforcement of the program.
Mr. Martin has determined that the cost of compliance and the anticipated
economic effect on small businesses and other persons who are required to
comply with this section as proposed will be an increase of $1,400 per year
for persons filing a request with the Department for an original certificate
of authority or a renewal certificate of authority.
Comments on the proposal may be submitted to Jimmy G. Martin, Director
of Enforcement, Texas Department of Licensing and Regulation, P.O. Box 12157,
Austin, Texas 78711, or facsimile 512/475-2872, or electronically: jimmy.martin@license.state.tx.us.
The deadline for comments is 30 days after publication in the
Texas Register
.
The amendment is proposed under Texas Occupations Code, Chapter
51, §51.202 which authorizes the Texas Commission of Licensing and Regulation
to set fees in amounts reasonable and necessary to cover the costs of administering
the programs and activities under its jurisdiction which includes the Career
Counseling Services program. §The statutory provisions affected by the
proposal are those set forth in Texas Civil Statutes, Article 5221a-8 and
Texas Occupations Code, Chapter 51. No other statutes, articles, or codes
are affected by the proposal.
§62.80.Fees [
(a)
Original and renewal certificate of authority fee --
$2,400
[
(b)
Late fee -- $50.
(c)
Reprint fee -- $25.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 8, 2002.
TRD-200201454
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: April 21, 2002
For further information, please call: (512) 463-7348
The Texas Department of Licensing and Regulation proposes the repeal
of 16 Texas Administrative Code, §65.100 and new §65.100 concerning
technical requirements of boilers.
The new rules are necessary to reflect changes in the Law as revised by
the 76th Legislative Session and to change the requirement for repairs and
alterations for conformity to the current edition of the National Board Inspection
Code and addenda.
George Ferrie, Director of Code Review and Inspections, has determined
that for the first five-year period this section is in effect, there will
be no fiscal implications for state or local government.
Mr. Ferrie has also determined that for each year of the first five years
the section is in effect, the public benefit anticipated as a result of enforcing
this section will be enhanced public safety.
The anticipated economic effect on small businesses and persons who are
required to comply with this section as proposed will be none. The cost of
compliance will also be none.
Comments on the proposal may be submitted to George Ferrie, Director of
Code Review and Inspections, Texas Department of Licensing and Regulation,
P.O. Box 12157, Austin, Texas 78711, facsimile (512) 463-1376, or by e-mail:
george.ferrie@license.state.tx.us. The deadline for comments is thirty days
after publication in the
Texas Register
.
16 TAC §65.100
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Department of Licensing and Regulation or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under Texas Health and Safety
Code, Chapter 755 which authorizes the Executive Director of the Texas Department
of Licensing and Regulation to promulgate and enforce a code of rules and
take all action necessary to assure compliance with the intent and purpose
of the Code.
The statutory provisions affected by the repeal are Texas Occupations Code,
Chapter 51 and Texas Health and Safety Code, Chapter 755. No other statutes,
articles, or codes are affected by the repeal.
§65.100. Technical Requirements.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on March 7, 2002.
TRD-200201438
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: April 21, 2002
For further information, please call: (512) 463-7348
16 TAC §65.100
The new rule is proposed under Texas Occupations Code, Chapter
51 and Texas Health and Safety Code, Chapter 755 which authorizes the Executive
Director of the Texas Department of Licensing and Regulation to promulgate
and enforce a code of rules and take all action necessary to assure compliance
with the intent and purpose of the Code.
The statutory provisions affected by the proposed new rule are Texas Occupations
Code, Chapter 51 and Texas Health and Safety Code, Chapter 755. No other statutes,
articles, or codes are affected by the repeal.
§65.100.Technical Requirements.
(a)
Ventilation.
(1)
The boiler room must have an adequate and uninterrupted
air supply to assure proper combustion and ventilation.
(2)
The combustion and ventilation air may be supplied by either
an unobstructed opening or by power ventilators or fans.
(3)
The opening shall be sized on the basis of one square inch
of free area for each 2,000 Btu/hour input of the combined burners located
in the boiler room.
(4)
The power ventilator or fans shall be sized on the basis
of 0.2 cfm. for each 1,000 Btu/hour fuel input for the combined burners located
in the boiler room.
(5)
The boiler and the fans shall be interlocked so that the
burners will not operate unless an adequate number of fans are in operation.
(b)
Location of discharge outlets. The discharge of safety
valves and safety relief valves, blowdown pipes, and other outlets shall be
located to prevent injury to personnel.
(c)
Electric steam boilers.
(1)
A cable at least as large as one of the incoming power
lines to the generator shall be provided for grounding the generator shell.
This cable shall be permanently fastened on some part of the generator and
shall be grounded in an approved manner.
(2)
A suitable screen or guard shall be provided around high-voltage
bushings, and a sign posted warning of high voltage. This screen or guard
shall be so located that it will be impossible for anyone working around the
generator to accidentally come in contact with the high voltage circuit.
(3)
In electric boilers of the submerged-electrode type, the
water gage glass shall be located to indicate the water levels both at start-up
and under maximum load conditions as established by the manufacturer.
(4)
In electric boilers of the resistance-heating-element type,
the lowest visible part of the water gage glass shall not be below the top
of the electric resistance heating element. Each boiler of this type shall
be equipped with an automatic low-water electric power cutoff to automatically
disconnect the power supply before the surface of the water falls below the
top of the electrical resistance heating elements.
(5)
Tubular water glasses on electric boilers having a normal
water content not exceeding 100 gallons shall be equipped with a protective
shield.
(6)
The minimum safety valve or safety relief valve relieving
capacity for electric boilers shall be 3 1/2 pounds of steam per hour per
kilowatt input.
(d)
Atmospheric vents, gas vents, bleed or relief lines for
power boilers, unfired steam boilers and process steam generators with supplemental
firing.
(1)
Gas pressure regulators not incorporating integral vent
limiters, and all other gas train components requiring atmospheric air pressure
to balance a diaphragm or other similar device, shall be provided with a connection
for a vent line. These lines shall be sized in accordance with the component
manufacturer's instructions. The vent or relief line shall be at least the
same size as the vent outlet of the device.
(A)
Where there is more than one gas pressure regulator at
a location, each gas pressure regulator shall have a separate vent. The vent
lines may be manifolded in accordance with accepted engineering practices
to minimize back pressure in the event of a diaphragm failure (see paragraphs
(2) and (3) following).
(B)
A gas pressure regulator shall not be vented into the boiler
flue or exhaust system.
(2)
Atmospheric vent lines, when manifolded, shall be connected
into a common atmospheric vent line having a cross-sectional area not less
than the area of the largest vent line plus 50% of the areas of the additional
vent lines.
(3)
Atmospheric vent lines shall not be connected to any common
or manifolded gas vent, bleed, or relief lines.
(4)
Gas pressure relief valves may discharge into common manifolding
only with other gas vent, bleed, or relief lines. When manifolded, the common
vent line shall have a cross-sectional area not less than the area of the
largest vent line plus 50% of the areas of the additional vent lines.
(5)
Vent and relief lines shall be piped to the outdoors at
a safe point of discharge so there is no possibility of discharged gas being
drawn into the air intake, ventilating system, or openings of any structure
or piece of equipment and shall extend sufficiently above any structure so
that gaseous discharge does not present a fire hazard. A means shall be provided
at the terminating point to prevent blockage of the line by foreign material,
moisture, or insects.
(e)
Power boilers, excluding unfired steam boilers and process
steam generators.
(1)
Safety valves and safety relief valves.
(A)
The use of weighted-lever safety valves, or safety valves
having either the seat or disk of cast iron, is prohibited.
(B)
Each boiler shall have at least one safety valve and, if
it has more than 500 square feet of water heating surface or has electric
power input more than 1,100 kilowatts, it shall have two or more safety valves.
(C)
The valve or valves shall be connected to the boiler, independent
of any other steam connection, and attached as close as practicable to the
boiler without unnecessary intervening pipe or fittings.
(D)
No valve(s) of any description shall be placed between
the required safety valve or safety relief valve or valves and the boiler,
nor in the discharge pipe between the safety valve or safety relief valve
or valves and the atmosphere. When a discharge pipe is used, it shall be at
least full size of the safety valve discharge and fitted with an open drain
to prevent water lodging in the upper part of the safety valve or discharge
pipe. When an elbow is placed on a safety valve discharge pipe, it shall be
located close to the safety valve outlet. The discharge pipe shall be securely
anchored and supported. In the event multiple safety valves discharge into
a common pipe, the discharge pipe shall be sized in accordance with ASME Code,
Section I, PG-71. All safety valve or safety relief valve discharges shall
be located or piped to a safe point of discharge clear from walkways or platforms.
(E)
The safety valve capacity of each boiler must allow the
safety valve or valves to discharge all the steam that can be generated by
the boiler without allowing the pressure to rise more than 6.0% above the
highest pressure to which any valve is set, and to no more than 6.0% above
the maximum allowable working pressure. For forced-flow steam generators with
no fixed steam and waterline, power-actuated relieving valves may be used
in accordance with ASME Code, Section I, PG-67.
(F)
One or more safety valves on every boiler shall be set
at or below the maximum allowable working pressure. The remaining valve(s)
may be set within a range of 3.0% above the maximum allowable working pressure,
but the range of setting of all the safety valves on a boiler shall not exceed
10% of the highest pressure to which any valve is set.
(G)
When two or more boilers, operating at different pressures
and safety valve settings, are interconnected the lower pressure boilers or
interconnected piping shall be equipped with safety valves of sufficient capacity
to prevent overpressure, considering the maximum generating capacity of all
boilers.
(H)
In those cases where the boiler is supplied with feedwater
directly from water mains without the use of feeding apparatus (not to include
return traps), no safety valve shall be set at a pressure higher than 94%
of the lowest pressure obtained in the supply main feeding the boilers.
(2)
Feedwater supply.
(A)
Each boiler shall have a feedwater supply, which will permit
it to be fed at any time while under pressure.
(B)
A boiler having more than 500 square feet of water heating
surface shall have at least two means of feeding, one of which should be a
pump, injector, or inspirator. A source of feed directly from water mains
at a pressure of at least 6.0% greater than the set pressure of the safety
valve with the highest setting may be considered as one of the means of feeding.
Boilers fired by gaseous, liquid, or solid fuel in suspension may be equipped
with a single means of feeding water, provided means are furnished for the
immediate shutoff of heat input if the feedwater is interrupted.
(C)
Feedwater shall not be discharged close to riveted joints
of shell or furnace sheets or directly against surfaces exposed to products
of combustion or to direct radiation from the fire.
(D)
Feedwater piping to the boiler shall be provided with a
check valve near the boiler and a stop valve or cock between the check valve
and the boiler. When two or more boilers are fed from a common source there
shall also be a stop valve on the branch to each boiler between the check
valve and the source of supply. Whenever a globe valve is used on the feedwater
piping, the inlet shall be under the disk of the valve.
(E)
In all cases where returns are fed back to the boiler by
gravity, there shall be a check valve and stop valve in each return line,
the stop valve to be placed between boiler and the check valve, and both shall
be located as close to the boiler as is practicable. It is recommended that
no stop valve be placed in the supply and return pipe connections of a single
boiler installation.
(F)
Where deaerating heaters are not used, it is recommended
that the temperature of the feedwater be not less than 120 degrees Fahrenheit
to avoid the possibility of setting up localized stress. Where deaerating
heaters are used, it is recommended that the minimum feedwater temperature
be not less than 215 degrees Fahrenheit so that dissolved gases may be thoroughly
released.
(3)
Water level indicators.
(A)
Each boiler, except forced-flow steam generators with no
fixed steam and waterline, and high temperature water boilers of the forced
circulation type that have no steam and waterline, shall have at least one
water gage glass.
(B)
Except for electric boilers of the electrode type, boilers
with a maximum allowable working pressure (MAWP) over 400 psig shall be provided
with two water gage glasses, which may be connected to a single water column
or connected directly to the drum.
(C)
Two independent remote level indicators may be provided
instead of one of the two required gage glasses for boiler drum water level
indication, when the MAWP is above 400 psig. When both remote level indicators
are in reliable operation, the remaining gage glass may be shut off, but shall
be maintained in serviceable condition.
(D)
In all installations where direct visual observations of
the water gage glass(es) cannot be made, two remote level indicators shall
be provided at operational level.
(E)
The gage glass cock connections shall not be less than
1/2 inch pipe size.
(F)
No outlet connections, except for damper regulator, feedwater
regulator, drains, steam gages, or apparatus of such form as does not permit
the escape of an appreciable amount of steam or water therefrom, shall be
placed in the pipes connecting a water column or gage glass to a boiler.
(G)
The water column shall be fitted with a drain cock or drain
valve of at least 3/4 inch pipe size. The water column blowdown pipe shall
not be less than 3/4 inch pipe size and shall be piped to a safe point of
discharge.
(H)
Connections from the boiler to remote level indicators
shall be at least 3/4 inch pipe size, to and including the isolation valve,
and at least 1/2 inch OD tubing from the isolation valve to the remote level
indicator. These connections shall be completely independent of other connections
for any function other than water level indication.
(4)
Low-water fuel cutoff and water feeding devices.
(A)
All automatically fired steam boilers, except boilers having
a constant attendant, who has no other duties while the boiler is in operation,
shall be equipped with approved low-water fuel cutoffs. These devices shall
be installed in such a manner that they cannot be rendered inoperative by
the manipulation of any manual control or regulating apparatus. The low-water
fuel cutoff devices shall be tested regularly by lowering the water level
in the boiler sufficiently to shut off the fuel supply to the burner when
the water level reaches the lowest safe level for operation. The low-water
cutoff shall be rated for a pressure and temperature equal to or greater than
the maximum allowable working pressure and temperature of the boiler.
(B)
When a low-water fuel cutoff and feedwater pump control
are combined in a single device, an additional separate low-water fuel cutoff
shall be installed. The additional control shall be wired in series electrically
with the existing low-water fuel cutoff.
(C)
When a low-water fuel cutoff is housed in either the water
column or a separate chamber it shall be provided with a blowdown pipe and
valve not less than 3/4 inch pipe size. The arrangement shall be such that
when the water column is blown down, the water level in it will be lowered
sufficiently to activate the lower-water fuel cutoff device.
(D)
If a water feed device is utilized, it shall be constructed
to prevent feedwater from entering the boiler through the water column or
separate chamber of the low-water fuel cutoff.
(5)
Pressure gages.
(A)
Each boiler shall have a pressure gage that is easily readable.
The dial of the pressure gage shall be graduated to approximately double the
pressure at which the safety valve is set, but in no case, less than one and
one-half times this pressure. The pressure gage shall be connected to the
steam space, to the water column, or its steam connection. A valve or cock
shall be placed in the gage connection adjacent to the gage. An additional
valve or cock may be located near the boiler providing it is locked or sealed
in the open position. No other shutoff valves shall be located between the
gage and the boiler. The pipe connection shall be of ample size and arranged
so that it may be cleared by blowing down. For a steam boiler, the gage or
connection shall contain a siphon or equivalent device which will develop
and maintain a water seal that will prevent steam from entering the gage tube.
(B)
Each boiler must have a valved connection at least 1/4
inch pipe size connected to the steam space for the exclusive purpose of attaching
a test gage when the boiler is in service to test the accuracy of the pressure
gage.
(6)
Stop valves.
(A)
Each steam outlet from a boiler (except safety valve connections)
shall be fitted with a stop valve located as close as practicable to the boiler.
(B)
When a stop valve is located that allows water to accumulate,
ample drains shall be provided. The drain shall be piped to a safe location
and shall not be discharged on the boiler or its setting.
(C)
When boilers provided with manholes are connected to a
common steam main, the steam connection from each boiler shall be fitted with
two stop valves with an ample drain between them. The discharge of the drain
shall be visible to the operator while manipulating the valves and shall be
piped clear of the boiler setting. The stop valves shall consist preferably
of one automatic nonreturn valve (set next to the boiler) and a second valve
of the outside-screw-and-yoke type.
(7)
Blowdown connection.
(A)
The construction of the setting around each blowdown pipe
shall permit free expansion and contraction. These setting openings must be
sealed without restricting the movement of the blowdown piping.
(B)
All blowdown piping, when exposed to furnace heat, shall
be protected by firebrick or other heat-resisting material, and constructed
to allow the piping to be inspected readily or easily.
(C)
Each boiler shall have a blowdown pipe, fitted with a valve
or cock, in direct connection with the lowest water space. The piping shall
be run full size without the use of a reducer or bushings and shall not be
galvanized. Cocks shall be of gland or guard type and suitable for the pressure
allowed. The use of globe valves shall be in accordance with ASME Code.
(D)
When the maximum allowable working pressure exceeds 100
psig, the piping shall be at least schedule 80 steel and shall not be galvanized.
Each blowdown pipe shall be provided with two valves or a valve and cock,
such valves and cocks shall be adequate for design conditions of the boiler.
(E)
All fittings between the boiler and blowdown valve shall
be of steel or extra-heavy malleable iron. In case of renewal of blowdown
pipe or fittings, they shall be installed in accordance with the requirements
of the applicable section of the ASME Code.
(F)
It is recommended that blowdown tanks be designed, constructed,
and installed in accordance with National Board recommended rules for boiler
blowoff equipment.
(f)
Unfired steam boilers.
(1)
Unfired steam boilers referred to in §65.10 of this
title (relating to Definitions), are shown in Exhibits 5C and 5D of this chapter.
Figure 1: 16 TAC §65.100(f)(1)
Figure 2: 16 TAC §65.100(f)(1)
(2)
Unfired steam boilers shall be constructed in accordance
with the American Society of Mechanical Engineers (ASME), Section I, or ASME,
Section VIII, Division 1.
(A)
Unfired steam boilers constructed in accordance with ASME
Code, Section VIII, Division 1 shall meet the special requirements for unfired
steam boilers and shall be stamped with the U symbol stamping including the
UB lettering. The limits are defined as the first blinding point, circumferential
welded joint, threaded joint, or flanged joint in the piping connected to
each vessel in which steam is generated. The safety devices, gages, gage glasses,
and similar devices used to perform the functions covered by ASME Code, Section
I, PG-59 through PG-61 are included within the Jurisdictional limits as shown
in Exhibit 5C of paragraph (1) of this subsection.
(B)
When the owner/operator elects to construct the unfired
steam boiler to ASME Code, Section I, the limits as shown in Exhibit 5D of
paragraph (1) of this subsection are as defined in Section I of the ASME Code.
(3)
Safety valves and safety relief valves.
(A)
The use of weighted-lever safety valves, or safety valves
having either the seat or disk of cast iron, is prohibited.
(B)
Each ASME Code, Section VIII, Division 1 unfired steam
boiler shall have at least one pressure relieving device. Safety valves for
ASME, Section VIII, Division 1 unfired steam boilers shall be V or UV stamped.
ASME, Section VIII, Division 1 does not require that the relief device be
attached directly to the boiler.
(i)
The installation of isolation valves between the unfired
steam boiler and the safety valve is permitted for systems designed and installed
as depicted in Exhibit 5C of paragraph (1) of this subsection.
(ii)
Full-area stop valves may be installed on the inlet side
of a safety valve as shown in Exhibit 5C of paragraph (1) of this subsection.
A full-area stop valve may be installed on the discharge of the safety valve
when connected to a common header. Stop valves shall be car sealed or locked
in the open position.
(iii)
One or more safety valves on every unfired steam boiler
shall be set at or below the maximum allowable working pressure. The remaining
valves, if any, shall be set within the range specified and have the capacity
required by the applicable ASME Code.
(C)
Each ASME Code, Section I unfired steam boiler shall have
one safety valve and if it has more than 500 square feet of water heating
surface it shall have two or more safety valves. ASME Code, Section I safety
valves shall be V stamped.
(i)
The valve or valves shall be connected to the boiler, independent
of any other steam connection, and attached as close as practicable to the
boiler without unnecessary intervening pipe or fittings.
(ii)
No valves of any description shall be placed between the
required safety valve or safety relief valve or valves and the boiler, nor
on the discharge pipe between the safety valve or safety relief valve and
the atmosphere.
(iii)
The safety valve capacity of each unfired steam boiler
must allow the safety valve or valves to discharge all the steam that can
be generated by the boiler without allowing the pressure to rise more than
6.0% above the highest pressure to which any valve is set, and to no more
than 6.0% above the maximum allowable working pressure.
(D)
When a discharge pipe open to the atmosphere is used, it
shall be at least full size of the safety valve discharge and fitted with
an open drain to prevent water lodging in the upper part of the safety valve
or discharge piping. The drain or drains shall be piped to a safe point of
discharge. When an elbow or fitting is installed on the discharge pipe it
shall be located close to the safety valve outlet. The discharge pipe shall
be securely anchored and supported. All safety valve discharges shall be located
or piped to a safe point of discharge clear from walkways or platforms.
(E)
When two or more unfired steam boilers operating at different
pressures and safety valve settings are interconnected, the lower pressure
boilers or interconnected piping shall be equipped with safety valves of sufficient
capacity to prevent overpressure, considering the maximum generating capacity
of all boilers.
(4)
Feedwater supply.
(A)
Each unfired steam boiler shall have a feedwater supply
which will permit it to be fed at any time while under pressure.
(B)
Feedwater piping to the unfired steam boiler constructed
to ASME Code, Section I shall be provided with a check valve near the boiler
and a stop valve or cock between the check valve and the boiler. When two
or more boilers are fed from a common source there shall also be a stop valve
on the branch to each boiler between the check valve and the source of supply.
Whenever a globe valve is used on the feedwater piping, the inlet shall be
under the disk of the valve.
(C)
Where deaerating heaters are not used, it is recommended
that the temperature of the feedwater be not less than 120 degrees Fahrenheit
to avoid the possibility of setting up localized stress. Where deaerating
heaters are used, it is recommended that the minimum feedwater temperature
be not less than 215 degrees Fahrenheit so that dissolved gases may be thoroughly
released.
(5)
Water level indicators.
(A)
ASME Code, Section I unfired steam boilers with a maximum
allowable working pressure (MAWP) of 400 psig or less shall have at least
one gage glass. For a MAWP over 400 psig shall have two required gage glasses.
When two gage glasses are required one of the gage glasses may be replaced
by two independent remote level indicators that are maintained in simultaneous
operation while the boiler is in service.
(B)
Each steam drum of an ASME Code, Section VIII, Division
1 unfired steam boiler, irrespective of pressure and temperature, shall be
provided with one direct reading water level indicator (water gage glass)
or two independent remote level indicators that are maintained in simultaneous
operation while the boiler is in service.
(C)
In all installations where direct visual observations of
the water gage glass(es) cannot be made, two remote level indicators shall
be provided at operational level.
(D)
The gage glass cock connections shall not be less than
1/2 inch pipe size.
(E)
No outlet connections, except for feedwater regulator,
drains, steam gages, or apparatus of such form as does not permit the escape
of an appreciable amount of steam or water therefrom, shall be placed in the
pipes connecting a water column or gage glass to a boiler.
(F)
The water column shall be fitted with a drain cock or drain
valve of at least 3/4 inch pipe size. The water column blowdown pipe shall
not be less than 3/4 inch pipe size and shall be piped to a safe point of
discharge.
(G)
Connections from the unfired steam boiler to remote level
indicators shall be at least 3/4 inch pipe size, to and including the isolation
valve, and at least 1/2 inch OD tubing from the isolation valve to the remote
level indicator. These connections shall be completely independent of other
connections for any function other than water level indication.
(6)
Low-water cutoffs, alarms and feed regulating devices.
(A)
The owner/operator is responsible for the design and installation
of any low water protection devices as required to prevent damage to the unfired
steam boiler. All installed low water cutoffs, alarms and feeding devices
shall be designed for pressure and temperature equal or greater than the maximum
allowable working pressure of the unfired steam boiler.
(B)
When a low-water cutoff, and/or alarm is housed in either
water column or a separate chamber it shall be provided with a blowdown pipe
and valve not less than 3/4 inch pipe size. The arrangement shall be such
that when the water column is blown down, the water level in it will be lowered
sufficiently to activate the low-water cutoff, and/or alarm device.
(C)
Should an unfired steam boiler be installed in a system
without a local and constant attendant, and is not a fail safe design, it
shall be provided with a low-water cutoff as required for power boilers.
(7)
Pressure gages.
(A)
Each unfired steam boiler shall have a pressure gage that
is easily readable. The dial of the pressure gage shall be graduated to approximately
double the pressure at which the safety valve is set, but in no case, less
than one and one-half times this pressure. The pressure gage shall be connected
to the steam space, to the water column, or its steam connection. A valve
or cock shall be placed in the gage connection adjacent to the gage. An additional
valve or cock may be located near the boiler providing it is locked or sealed
in the open position. No other shutoff valves shall be located between the
gage and the boiler. The pipe connection shall be of ample size and arranged
so that it may be cleared by blowing down. The gage or connection shall contain
a siphon or equivalent device which will develop and maintain a water seal
that will prevent steam from entering the gage tube.
(B)
Each unfired steam boiler must have a valved connection
at least 1/4 inch pipe size connected to the steam space for the exclusive
purpose of attaching a test gage when the boiler is in service to test the
accuracy of the pressure gage.
(8)
Stop valves.
(A)
Each steam outlet from an ASME Code, Section I unfired
steam boiler shall be fitted with a stop valve located as close as practicable
to the boiler.
(B)
When a stop valve is located that allows water to accumulate,
ample drains shall be provided. The drain shall be piped to a safe location
and shall not be discharged on the boiler or its setting.
(g)
Process steam generators.
(1)
Some process steam generators referred to in §65.10
of this title (relating to Definitions) are shown in Exhibits 5A and 5B of
this chapter.
Figure 1: 16 TAC §65.100(g)(1)
Figure 2: 16 TAC §65.100(g)(1)
(2)
The steam collection or liberation drums of a process steam
generator shall be constructed in accordance with the American Society of
Mechanical Engineers (ASME) Section VIII, Division 1 or Division 2, and shall
be stamped with the U or U2 symbol. As an alternate the process steam generator
may be constructed to ASME Code, Section I.
(3)
When the owner/operator elects to construct a process steam
generator to ASME Code, Section I, the limits as shown in Exhibits 5A and
5B of paragraph (1) of this subsection, are as defined in the rules of ASME
Section I.
(4)
Safety valves and safety relief valves.
(A)
The use of weighted-lever safety valves, or safety valves
having either the seat or disk of cast iron is prohibited.
(B)
Each ASME Code, Section VIII, Division 1 or Division 2
steam collection or liberation drum of a process steam generator shall have
at least one safety valve designed for steam service with the V or UV stamp.
The valve body drain shall be open and piped to a safe point of discharge.
(i)
The installation of full-area stop valves between the steam
collection or liberation drum of a process steam generator and the safety
valve is permitted as depicted in Exhibit 5A and 5B of this paragraph (1)
of this subsection. A full-area stop valve may be installed on the discharge
of the safety valve when connected to a common header. Stop valves shall be
car sealed or locked in the open position.
(ii)
One or more safety valves on every steam collection or
liberation drum of a process steam generator shall be set at or below the
maximum allowable working pressure. The remaining valves, if any, shall be
set within the range specified and have the capacity required by the applicable
ASME code.
(C)
Each ASME Code, Section I process steam generator shall
have one safety valve and if it has more than 500 square feet of water heating
surface it shall have two or more safety valves. ASME Code, Section I safety
valves shall be V stamped.
(i)
The valve or valves shall be connected to the steam collection
or liberation drum of the process steam generator, independent of any other
steam connection, and attached as close as practicable to the steam collection
or liberation drum without unnecessary intervening pipe or fittings.
(ii)
No valves of any description shall be placed between the
required safety valve or safety relief valve or valves and the steam collection
or liberation drum, nor on the discharge pipe between the safety valve or
safety relief valve and the atmosphere.
(iii)
The safety valve capacity of each process steam generator
must allow the safety valve or valves to discharge all the steam that can
be generated by the process steam generator without allowing the pressure
to rise more than 6.0% above the highest pressure to which any valve is set,
and to no more than 6.0% above the maximum allowable working pressure.
(D)
When a discharge pipe open to the atmosphere is used, it
shall be at least full size of the safety valve discharge and fitted with
an open drain to prevent water lodging in the upper part of the safety valve
or discharge piping. The drain or drains shall be piped to a safe point of
discharge. When an elbow or fitting is installed on the discharge pipe it
shall be located close to the safety valve outlet. The discharge pipe shall
be securely anchored and supported. All safety valve discharges shall be located
or piped to a safe point of discharge clear from walkways or platforms.
(E)
When two or more steam collection or liberation drums of
process steam generators, operating at different pressures and safety valve
settings are interconnected, the lower pressure process steam generator(s)
or interconnected piping shall be equipped with safety valves of sufficient
capacity to prevent overpressure, considering the maximum generating capacity
of all of process steam generators.
(5)
Feedwater supply.
(A)
Each steam collection or liberation drum of a process steam
generator shall have a feedwater supply which will permit it to be fed at
any time while under pressure.
(B)
Feedwater piping to a process steam generator constructed
to ASME Code, Section I shall be provided with a check valve near the process
steam generator and a stop valve or cock between the check valve and the process
steam generator. When two or more process steam generators are fed from a
common source there shall also be a stop valve on the branch to each process
steam generator between the check valve and the source of supply. Whenever
a globe valve is used on the feedwater piping, the inlet shall be under the
disk of the valve.
(C)
Where deaerating heaters are not used, it is recommended
that the temperature of the feedwater be not less than 120 degrees Fahrenheit
to avoid the possibility of setting up localized stress. Where deaerating
heaters are used, it is recommended that the minimum feedwater temperature
be not less than 215 degrees Fahrenheit so that dissolved gases may be thoroughly
released.
(6)
Water level indicators.
(A)
ASME Code, Section I process steam generators with a MAWP
of 400 psig or less shall have at least one gage glass. For a MAWP over 400
psig shall have two required gage glasses. When two gage glasses are required
one of the gage glasses may be replaced by two independent remote level indicators
that are maintained in simultaneous operation while the process steam generator
is in service.
(B)
Each steam collection or liberation drum of an ASME Code,
Section VIII, Division 1 or Division 2 process steam generator, irrespective
of pressure and temperature, as shown in Exhibit 5A and 5B of paragraph (1)
of this subsection shall be provided with one direct reading water level indicator
(water gage glass) or two independent remote level indicators that are maintained
in simultaneous operation while the process steam generator is in service.
(C)
In all installations where direct visual observations of
the water gage glass(es) cannot be made, two remote level indicators shall
be provided at operational level.
(D)
The gage glass cock connections shall not be less than
1/2 inch pipe size.
(E)
No outlet connections, except for feedwater regulator,
drains, steam gages, or apparatus of such form as does not permit the escape
of an appreciable amount of steam or water therefrom, shall be placed on the
pipes connecting a water column or gage glass on the steam collection or liberation
drum of a process steam generator.
(F)
The water column shall be fitted with a drain cock or drain
valve of at least 3/4 inch pipe size. The water column blowdown pipe shall
not be less than 3/4 inch pipe size and shall be piped to a safe point of
discharge.
(G)
Connections from the steam collection or liberation drum
of a process steam generator to remote level indicators shall be at least
3/4 inch pipe size, to and including the isolation valve, and at least 1/2
inch OD tubing from the isolation valve to the remote level indicator. These
connections shall be completely independent of other connections for any function
other than water level indication.
(7)
Low-water cutoffs, alarms and feed regulating devices.
(A)
The owner/operator is responsible for the design and installation
of any low water protection devices as required to prevent damage to the process
steam generator. All installed low water cutoffs, alarms and feeding devices
shall be designed for a pressure and temperature equal to or greater than
the maximum allowable working pressure and temperature of the process steam
generator steam collection or liberation drum.
(B)
When a low-water cutoff, and/or alarm is housed in either
the water column or a separate chamber, it shall be provided with a blowdown
pipe and valve not less than 3/4 inch pipe size. The arrangement shall be
such that when the water column is blown down, the water level in it will
be lowered sufficiently to activate the low-water cutoff and/or alarm device.
(C)
Should a steam collection or liberation drum of a process
steam generator be installed in a system without a local and constant attendant,
and it is not a fail safe design, it shall be provided with a low-water cutoff
as required for power boilers.
(8)
Pressure gages.
(A)
Each steam collection or liberation drum of a process steam
generator shall have a pressure-indicating device that is easily readable
from the primary operating station. The range shall be graduated to approximately
double the pressure at which the safety valve is set, but in no case, less
than one and one-half times this pressure. The pressure-indicating device
shall be connected to the steam space, or to the water column, or its steam
connection. A valve or cock shall be placed in the gage connection adjacent
to the gage. An additional valve or cock may be located near the steam collection
or liberation drum of the process steam generator. No other shutoff valves
shall be located between the gage and the steam collection or liberation drum
of the process steam generator. The pipe connection shall be of ample size
and arranged so that it may be cleared by blowing down or flushing. The pressure-indicating
device shall be provided with a siphon or equivalent device, which will develop
and maintain a water seal that will prevent steam from entering the pressure-indicating
device.
(B)
Each steam collection or liberation drum of a process steam
generator must have a valved connection at least 1/4 inch pipe size connected
to the steam space for the purpose of attaching a test gage when the process
steam generator is in service to test the accuracy of the pressure-indicating
device.
(9)
Stop valves.
(A)
Each steam outlet from a ASME Code, Section I process steam
generator shall be fitted with a stop valve located as close as practicable
to the steam collection or liberation drum of the process steam generator.
(B)
When a stop valve is located that allows water to accumulate,
ample drains shall be provided. The drain shall be piped to a safe location
and shall not be discharged on the process steam generator or its setting.
(h)
Potable water heaters, unique requirements.
(1)
Stop valves should be placed in the supply and discharge
pipe connections of a water heater installation to permit draining the heater
without emptying the system.
(2)
Each heater shall have a bottom drain pipe connection fitted
with a valve or cock connected to the lowest water space practicable. The
minimum size bottom drain shall be 3/4 inch.
(3)
Each water heater shall have a thermometer located and
connected at or near the outlet that is easily readable. The thermometer shall
at all times indicate the temperatures of the water in the hot water heater.
(4)
When the water supply to a water heater exceeds 75% of
the design pressure of the heater, a pressure-reducing valve shall be required.
(i)
Nuclear boilers.
(1)
Nuclear boilers shall be inspected inservice by the owner
or operator in accordance with ASME Boiler and Pressure Vessel Code, Section
XI.
(2)
The owner or operator shall engage the services of an inspection
agency, qualified in accordance with American National Standards Institute/American
Society of Mechanical Engineers (ANSI/ASME) N626.1, licensed by the Texas
State Board of Insurance, and authorized to provide inspection services by
the commissioner.
(3)
The chief inspector shall assign, after receipt of the
completed N-3 owner's data report, a state serial number to the nuclear boiler.
(A)
All N-5 data reports for piping systems and N-3 owner's
data reports shall be filed with the chief inspector.
(B)
National Board registration described in §65.50(a)
of this title (relating to Reporting Requirements) or §65.20(c)(1)(D)
of this title (relating to Licensing/Certification/Registration Requirements)
is not required.
(4)
The certificate of operation will be issued after receipt
of the preservice inspection summary report and prior to commercial service.
The summary report shall include all activities required by ASME Code, Section
XI, except for the results of examinations or test of items obtainable only
during power ascension testing. These items shall be filed as an amendment
to the summary report within 60 days of the completion of the power ascension
testing. The items identified to be submitted in the amendment shall be agreed
upon by mutual consent as provided for in paragraph (11) of this subsection
prior to power ascension testing and issuance of the certificate of operation.
(5)
The inservice inspection plan shall be submitted to the
chief inspector by the owner or operator prior to commercial service.
(6)
The chief inspector shall review the inservice inspection
plan and select those items necessary to verify compliance with the Health
and Safety Code, Chapter 755 and ASME Code, Section XI. Items selected for
verification shall be from within the verification boundary of the nuclear
boiler consisting of the components and component supports of the systems
illustrated in Exhibit 6 of this chapter.
Figure: 16 TAC §65.100(i)(6)
(7)
The chief inspector shall, upon reasonable notification
by the owner or operator of inservice inspection activities to be accomplished
during any outage on items selected in subsection (f) of this section, coordinate
with the owner or operator the verification activities.
(8)
The chief inspector shall review and maintain summary reports
of the inservice inspections that are submitted by the owner or operator in
accordance with ASME Code, Section XI.
(9)
Repairs and/or replacements shall conform to the requirements
of ASME Code, Section XI.
(10)
The owner or operator shall, in case of serious accidents
to a nuclear boiler involving a breach of the pressure boundary integrity
of components included in Exhibit 6 as shown in paragraph (6) of this subsection,
immediately notify the chief inspector by the most expeditious means available
and apprise him of the nature of the accident. The chief inspector shall assess
the nature of the accident, formulate inspection activities as required, and
coordinate these activities with the owner or operator and as necessary with
other state and federal agencies having jurisdiction.
(11)
If exceptions or situations arise which are not specifically
addressed in this section or other sections of the Boiler Law and Rules, or
in ASME Code, Section XI, the owner or operator shall contact the chief inspector
for guidance or interpretation.
(j)
Heating boilers.
(1)
Safety valves.
(A)
Each steam boiler shall have one or more officially rated
safety valves of the spring pop type adjusted and sealed to discharge at a
pressure not to exceed 15 psig. Seals shall be attached in a manner to prevent
the valve from being taken apart without breaking the seal. The safety valves
shall be arranged so that they cannot be reset to relieve at a higher pressure
than the maximum allowable working pressure of the boiler. A body drain connection
below seat level shall be provided. For valves exceeding two inch pipe size,
the drain hole or holes shall be tapped not less than 3/8 inch pipe size.
For valves two inch pipe size or less, the drain hole shall not be less than
1/4 inch in diameter.
(B)
Each safety valve 3/4 inch or over used on a steam boiler
shall have a substantial lifting device which will positively lift the disk
from its seat at least 1/16 inch when there is no pressure on the boiler.
The seats and disks shall be of suitable material to resist corrosion.
(C)
No safety valve for a steam boiler shall be smaller than
1/2 inch. No safety valve shall be larger than 4 1/2 inches. The inlet opening
shall have an inside diameter approximately equal to, or greater than, the
seat diameter.
(D)
The minimum relieving capacity of valve or valves shall
be governed by the capacity marking on the boiler.
(E)
The minimum valve capacity in pounds per hour shall be
the greater of that determined by dividing the maximum Btu output at the boiler
nozzle obtained by the firing of any fuel for which the unit is installed
by 1,000, or shall be determined on the basis of the pounds of steam generated
per hour per square foot of boiler heating surface as given in the following
table. For cast iron boilers, the minimum valve capacity shall be determined
by the maximum output method. In every case, the safety valve capacity for
each steam boiler shall be such that with the fuel burning equipment installed,
and operated at maximum capacity, the pressure cannot rise more than five
psig above the maximum allowable working pressure.
Figure: 16 TAC §65.100(j)(1)(E)
(2)
Safety relief valves.
(A)
Hot water boilers.
(i)
Each hot water heating or supply boiler shall have at least
one officially rated safety relief valve set to relieve at or below the maximum
allowable working pressure of the boiler.
(ii)
When more than one safety relief valve is used on either
hot water heating or hot water supply boilers, the additional valve or valves
shall be officially rated and may have a set pressure within a range not to
exceed six psig above the maximum allowable working pressure of the boiler
up to and including 60 psig, and 5.0% for those having a maximum allowable
working pressure exceeding 60 psig.
(iii)
Safety relief valves shall be spring loaded. Safety relief
valves shall be set and sealed so that they cannot be reset without breaking
the seal. A body drain connection below seat level shall be provided. For
valves exceeding two inch NPS (nominal pipe size), the drain hole or holes
shall be tapped not less than 3/8 inch NPS. For valves of two inch NPS or
less, the drain hole shall not be less than 1/4 inch in diameter.
(iv)
Each safety relief valve shall have a substantial lifting
device which will positively lift the disk from its seat at least 1/16 inch
when there is no pressure on the boiler.
(v)
Seats and disks of safety relief valves shall be made of
a suitable material to resist corrosion. No materials likely to fail due to
deterioration or vulcanization, when subjected to saturated steam temperature
corresponding to capacity test pressure, shall be used for any part.
(vi)
No safety relief valve shall be smaller than 3/4 inch
nor larger than 4 1/2 inch standard pipe size except that boilers having a
heat input not greater than 15,000 Btu/hr may be equipped with a rated safety
relief valve of 1/2 inch standard pipe size. The inlet opening shall have
an inside diameter approximately equal to, or greater than, the seat diameter.
In no case shall the minimum opening through any part of the valve be less
than 1/4 inch in diameter or its equivalent area.
(vii)
The required steam relieving capacity, in pounds per
hour, of the pressure relieving device or devices on a boiler shall be the
greater of that determined by dividing the maximum output in Btu at the boiler
nozzle obtained by the firing of any fuel for which the unit is installed
by 1,000, or shall be determined on the basis of pounds of steam generated
per hour per square foot of boiler heating surface as given in the table in
subsection (i)(1)(E) of this section. For cast iron boilers the minimum valve
capacity shall be determined by the maximum output method.
(viii)
In every case, the safety relief valve capacity for
each boiler with a single safety relief valve shall be such that, with the
fuel burning equipment installed and operated at maximum capacity, the pressure
cannot rise more than 10% above the maximum allowable working pressure. When
more than one safety relief valve is used, the overpressure shall be limited
to 10% above the set pressure of the highest set valve.
(B)
Potable water heaters.
(i)
Potable water heaters (tank type) shall have at least one
pressure temperature relief valve of the automatic reseating type set to relieve
at or below the maximum allowable pressure of the heater.
(ii)
The relief valve shall have a capacity equal to or exceeding
the rated burner input of the heater.
(iii)
The ASME BTU rating on the valve shall be used to determine
the relieving capacity.
(iv)
Relief valves shall be connected directly to the heater
within the top six inches of the tank.
(v)
Relief valves may be installed vertically or horizontally.
The center line of the horizontal connection shall be no lower than four inches
from the top of the shell.
(vi)
Relief valves shall not be connected to an internal pipe
in the heater, or to a cold water feed line connected to the heater.
(3)
Safety valve and safety relief valve piping. No valve shall
be placed between the safety valve or safety relief valve and the boiler nor
on the discharge pipe between the safety valve and the atmosphere or the safety
relief valve and the drain. When a discharge pipe is used, it shall be full
size and fitted with an open drain to prevent water from lodging in the upper
part of the safety valve or relief valve or in the discharge pipe. When an
elbow is placed on the safety valve or relief valve discharge pipe, it shall
be located close to the valve outlet. The discharge pipe shall be securely
anchored and supported, independent of the valve.
(4)
Pressure gages.
(A)
Steam heating boilers.
(i)
Each steam heating boiler shall have a pressure gage connected
to the steam space, water column, or steam connection by a siphon or equivalent
device exterior to the boiler. The gage shall be of sufficient capacity to
keep the gage tube filled with water and arranged so that the gage cannot
be shut off from the boiler except by a cock with tee or lever handle placed
in a pipe near the gage. The handle of the cock shall be parallel to the pipe
in which it is located when the cock is open.
(ii)
The scale on the dial of a steam heating boiler pressure
gage shall be graduated to not less than 30 psig nor more than 60 psig. The
travel of the pointer from zero to 30 psig pressure shall be at least three
inches.
(B)
Hot water heating boilers or hot water supply.
(i)
Each hot water heating boiler shall have a pressure or
altitude gage connected to it or to its flow connection which cannot be shut
off from the boiler except by a cock with tee or lever handle placed on the
pipe near the gage. The handle of the cock shall be parallel to the pipe in
which it is located when the cock is open.
(ii)
The scale on the dial of the pressure or altitude gage
shall be graduated to not less than one and one-half nor more than three times
the pressure at which the safety relief valve is set. The gage shall be provided
with effective stops for the indicating pointer at the zero point and at the
maximum pressure point.
(iii)
Piping and tubing for pressure or altitude gage connections
shall be of nonferrous metal when smaller than one-inch pipe size.
(5)
Water gage glasses.
(A)
Each steam heating boiler shall have one or more water
gage glasses attached to the water column or boiler by means of valved fittings.
The lower fitting shall have a drain valve of the straightway type with opening
not less than 1/4 inch diameter to facilitate cleaning. Gage glass replacement
shall be possible under pressure.
(B)
Transparent material, other than glass, may be used for
the water gage provided that the material has proved suitable for the pressure,
temperature, and corrosive conditions encountered in service.
(6)
Low-water fuel cutoffs and water feeding devices.
(A)
All automatically fired steam boilers, except boilers having
a constant attendant, who has no other duties while the boiler is in operation,
shall be equipped with approved low-water fuel cutoffs installed in such a
manner that they cannot be rendered inoperative by the manipulation of any
manual control or regulating apparatus. The low-water fuel cutoff devices
shall be tested regularly by lowering the water level in the boiler sufficiently
to shut off the fuel supply to the burner when the water level reaches the
lowest safe level for operation.
(B)
When a low-water fuel cutoff and feedwater pump control
are combined in a single device, an additional separate low-water fuel cutoff
shall be installed. The additional control shall be wired in series electrically
with the existing low-water fuel cutoff.
(C)
When a low-water fuel cutoff is housed in either the water
column or a separate chamber it shall be provided with a blowdown pipe and
valve not less than 3/4 inch pipe size. The arrangement shall be such that
when the water column is blown down, the water level in it will be lowered
sufficiently to activate the low-water fuel cutoff device.
(D)
All newly installed automatically fired hot water heating
boilers, when installed in a forced circulation system and not under continuous
attendance, shall be equipped in the manner described in this subsection.
A coil-type boiler or a water-tube boiler requiring forced circulation to
prevent overheating of the coils or tubes shall have a device which is listed
by a nationally recognized testing agency to prevent burner operation at a
flow rate inadequate to protect the boiler unit against overheating.
(E)
As there is no normal water line to be maintained in a
hot water heating boiler, any location of the low-water fuel cutoff above
the lowest safe water level established by the boiler manufacturer is satisfactory.
(F)
If a water feed device is utilized, it shall be constructed
to prevent feedwater from entering the boiler through the water column or
separate chamber of the low-water fuel cutoff.
(7)
Stop valves.
(A)
Single steam heating boilers. When a stop valve is used
in the supply pipe connection of a single steam heating boiler, there shall
be one used in the return pipe connection.
(B)
Single hot water heating boilers.
(i)
Stop valves shall be located at an accessible point in
the supply and return pipe connections near the boiler nozzle of a single
hot water heating boiler installation to permit draining the boiler without
emptying the system.
(ii)
When the boiler is located above the system and can be
drained without draining the system, stop valves may be eliminated.
(C)
Supply and return line. Each supply and return line to
a steam heating boiler, which may be entered while adjacent boilers are in
operation, shall be fitted with either two stop valves with ample drain between
or a stop valve and figure 8 blank. The blank shall be installed between the
stop valve and the boiler.
(D)
Type of stop valve. When stop valves over two inches in
size are used, they shall be of the outside screw-and-yoke rising stem type
or of such other type as to indicate at a distance whether it is closed or
open by the position of its stem or other operating mechanism. The wheel may
be carried either on the yoke or attached to the stem. If the valve is of
the plug cock type, it shall be fitted with a slow opening mechanism and an
indicating device and the plug shall be held in place by a guard or gland.
(E)
Identification of stop valves by tag. When stop valves
are used, they shall be properly designated, substantially as follows, by
tags of metal or other durable material fastened to them:
Figure: 16 TAC §65.100(j)(7)(E)
(8)
Feedwater connections.
(A)
Feedwater, makeup water, or water treatment shall be introduced
into a boiler through the return piping system or through an independent feedwater
connection which does not discharge against parts of the boiler exposed to
direct radiant heat from the fire. Feedwater, makeup water, or water treatment
shall not be introduced through openings or connections provided for inspection
or cleaning, safety valve, or safety relief valve, surface blowoff, water
column, water gage glass, pressure gage, or temperature gage.
(B)
Feedwater pipe shall be provided with a check valve near
the boiler and a stop valve or cock between the check valve and the boiler
or return pipe system.
(9)
Bottom blowdown or drain valve.
(A)
Bottom blowoff valve. Each boiler shall have a bottom blowoff
connection to the lowest water space practicable with a minimum size as shown
in the following table. The discharge piping shall be full size to the point
of discharge. Boilers having a capacity of 25 gallons or less are exempt from
these requirements.
Figure: 16 TAC §65.100(j)(9)(A)
(B)
Drain valve. Each boiler shall have one or more drain connections,
fitted with valves or cocks connecting to the lowest water containing spaces.
The minimum size of the drain piping, valves, and cocks shall be 3/4 inches.
The discharge piping shall be full size to the point of discharge. When the
blowoff connection is located at the lowest water containing space, a separate
drain connection is not required.
(C)
Minimum pressure rating. The minimum pressure rating of
valves and cocks used for blowoff or drain purposes shall be at least equal
to the pressure stamped on the boiler, but in no case less than 30 psig. The
temperature rating of such valves and cocks shall not be less than 250 degrees
Fahrenheit.
(10)
Provisions for thermal expansion.
(A)
Hot water heating boiler. If the system is of closed type,
an airtight tank or other suitable air cushion that is consistent with the
volume and capacity of the system shall be installed, and it shall be suitably
designed for a hydrostatic test pressure of two and one-half times the allowable
working pressure of the system. Expansion tanks for systems designed to operate
above 30 psig shall be constructed in accordance with the ASME Code, Section
VIII, Division 1. Provision shall be made for draining the tank without emptying
the system, except for pre-pressurized tanks.
(B)
Potable water heater. If a system is equipped with a check
valve or pressure-reducing valve in the cold water inlet line, an airtight
expansion tank or other suitable air cushion shall be considered. When an
expansion tank is provided, it shall be constructed in accordance with the
ASME Code, Section VIII, Division 1, for a maximum allowable working pressure
equal to or greater than the water heater. Provision shall be made for pre-pressurized
tanks.
(k)
Repairs and alterations. Repairs and alterations shall
conform to the current edition of the National Board Inspection Code (NBIC)
and addenda; and shall be acceptable to the inspector, except that repairs
and alterations may be performed by the following provided the intended work
is within the scope of the issued certificate of authorization:
(1)
holders of the appropriate certificate(s) of authorization
from the American Society of Mechanical Engineers; or
(2)
holders of a certificate of authorization from the National
Board of Boiler and Pressure Vessel Inspectors for use of the R repair symbol
stamp; or
(3)
owner/operators of boilers who have been issued a certificate
of authorization by the Texas Department of Licensing and Regulation.
(A)
Issuance of the certificate of authorization will be made
upon submission of an application, on forms provided by the department.
(B)
Review of the applicant's program and facilities initially
and at subsequent three-year intervals will be done.
(i)
The review will determine the applicant has a documented
program to control repairs and/or alterations conforming to minimum requirements
established by the department.
(ii)
The review will require demonstration of the applicant's
ability to perform repairs and/or alterations by implementing on representative
work the requirements of the written program.
(l)
Lap seam cracks. The shell or drum of a boiler in which
a typical lap seam crack is discovered along a longitudinal riveted lap-type
joint shall be immediately and permanently discontinued for use under pressure.
A lap seam crack is the typical crack frequently found in lap seams, which
extends parallel to the longitudinal joint and is located either between or
adjacent to rivet holes.
(m)
Hydrostatic tests.
(1)
When there is a question or doubt about the extent of a
defect found in a boiler, the inspector may require a hydrostatic test.
(2)
In preparing a boiler for a hydrostatic test, the boiler
shall be filled with water to the stop valve and all air vented off. If the
boiler to be tested is connected with other boilers that are under pressure,
such connections shall be blanked off unless they have double stop valves
on all connection pipes with a drain between.
(3)
During a hydrostatic test of a boiler, the safety valve
or valves shall be removed or each valve disc shall be held to its seat by
means of a testing clamp and not by screwing down the compression screw under
the spring.
(4)
The minimum temperature of the water used to apply a hydrostatic
test shall be 70 degrees Fahrenheit, but the maximum temperature shall not
exceed 120 degrees Fahrenheit.
(5)
When a hydrostatic test is to be applied after inspection,
the pressure shall be as follows.
(A)
For all cases involving the question of tightness, the
pressure shall be equal to the set pressure of the safety valve or valves
having the lowest setting.
(B)
For all cases involving the question of safety, the pressure
shall be equal to one and one-half times the maximum allowable working pressure.
(C)
The pressure applied for a hydrostatic test shall not exceed
one and one-half times the maximum allowable working pressure. In no case
shall the test pressure be exceeded by more than 2.0%.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed
with the Office of the Secretary of State on March 7, 2002.
TRD-200201439
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: April 21, 2002
For further information, please call: (512) 463-7348
16 TAC §68.80
The Texas Department of Licensing and Regulation ("Department")
proposes amendments to §68.80 concerning the architectural barriers program
fees.
The proposed amendments are necessary to implement Senate Bill 484 which
was enacted by the 77th Legislature and requires rules, including the new
Registered Accessibility Specialist ("RAS") fee rule, to be adopted by January
1, 2002. The amendment to §68.80 was previously adopted on an emergency
basis and was published in the November 23, 2001 issue of the
Texas Register
(26 TexReg 9475). In addition, the Department has simultaneously
filed an extension request renewing the effectiveness of the emergency adoption
for a 60-day period in the emergency rule section of this issue of the
George Ferrie, Director, Code Review and Inspections Division, Texas Department
of Licensing and Regulation, has determined that for the first five-year period
this section is in effect there will be fiscal implications as a result of
enforcing or administering the proposed amended rules. State government will
have an increase in general revenue due to the collection of fees for certificates
of registration and renewals. The maximum average annual increase for each
of the first five years will be approximately $74,600 for an approximate maximum
total amount of $373,000 for the first five-year period. Costs to the state
are expected to be approximately equal to these revenues. There will be no
fiscal implications on local government.
Mr. Ferrie also has determined that for each year of the first five years
this section is in effect the public benefit anticipated as a result of enforcing
this section will be improved service to public in registration of state leases,
clarification to the public on late fees, an increase in the level of accessibility
in new and renovated buildings and facilities in the state, and a fair and
competitive business environment for the regulated industry.
The anticipated additional economic costs to licensees, small businesses,
or other persons as a result of the proposed rule changes would be minimal.
Comments on the proposal may be submitted to George Ferrie, Director, Code
Review and Inspections, Texas Department of Licensing and Regulation, P.O.
Box 12157, Austin, Texas 78711, or facsimile 512/475-2872, or electronically:
george.ferrie@license.state.tx.us. The deadline for comments is 30 days after
publication in the
Texas Register
.
The amendments to §68.80 are proposed under Texas Civil
Statutes, Article 9102 and Texas Occupations Code, Chapter 51, §51.203
which authorizes the Department to adopt rules as necessary to implement this
Chapter and any other law establishing a program regulated by the Department.
The statutory provisions affected by the proposal are those set forth in
Texas Civil Statutes, Article 9102 and Texas Occupations Code, Chapter 51.
No other statutes, articles, or codes are affected by the proposal.
§68.80.Fees.
(a)
(No Change).
(b)
Fee Schedule:
Figure: 16 TAC §68.80(b)
(c)
(No Change).
(d)
All fees must be paid prior to service being performed.
All fees are non-refundable.
[
[(e)
When inspection fees are not received
for purpose of inspecting state lease facilities covered by §68.21 of
this title (relating to Subject Buildings and Facilities), notification will
be given to the lessee with the request that the required fee be paid to the
department.]
[(f)
In instances of state occupied space
and facilities provided at no cost and covered by §68.21 of this title
(relating to Subject Buildings and Facilities), the obligation for payment
of the inspection fee lies with the lessee.]
(e)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 7, 2002.
TRD-200201394
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: April 21, 2002
For further information, please call: (512) 463-7348
Chapter 401.
ADMINISTRATION OF STATE LOTTERY ACT
Subchapter D. LOTTERY GAME RULES
to be determined by the Commission
in a subsequent rulemaking
] for each bay and offshore well operated.
:
]
A
] base amount determined by
the total number of wells operated,
is
as follows:
Part 2.
PUBLIC UTILITY COMMISSION OF TEXAS (ADAD) ].
automatic dial announcing devices
].
automatic
dial announcing device
]. A person who operates an ADAD to make a telephone
call in which the device plays a recorded message when a connection is completed
to a telephone number must comply with the following requirements.
such
]business, individual, or [
other
] entity.
This
paragraph does not apply to the ADAD if the ADAD is used:
[
However,
if an ADAD is used for debt collection purposes and the use complies with
applicable federal law and regulations, and the ADAD is used by a live operator
for automatic or hold announcement purposes, the use complies with this paragraph.
]
(2)
].
(7)
] For calls terminating in Texas,
the device must not be used to make a call:
(8)
] Calls may not be made to emergency
telephone numbers of hospitals, fire departments, law enforcement offices,
medical physician or service offices, health care facilities, poison control
centers, "911" lines, or other entities providing emergency service. In addition,
calls may not be made to telephone numbers of any guest room or patient room
of a hospital, health care facility, elderly home, or similar establishment,
any telephone numbers assigned to paging service, cellular telephone service,
specialized mobile radio service, or other radio common carrier, or any service
for which the called party is charged for the call.
(9)
] If during a call a cross-promotion
or reference to a pay-per-call information service is made, the call must
include:
$500
]. A permit is valid for one year
after its date of issuance.
An application for a renewal permit shall
be filed using the form prescribed by the commission, accompanied by a fee
of $15, not less than 90 days prior to the expiration date of the current
permit.
[
Renewals must be applied for no later than 90 days prior
to the expiration date of the current permit. Subject to paragraph (3) of
this subsection, a permit may be renewed annually by making the filing required
by this section and paying a renewal fee of $100.
]
device
] of
the
telecommunications
utility's intent to disconnect service
not later than the third day before the date of the disconnection, except
that if the
ADAD
[
device
] is causing network congestion
or blockage, the notice may be given on the day before the date of disconnection.
(g)
Obligations of the ADAD solicitor.]
(1)
An ADAD solicitor may not use any method, including
per-call blocking or per- line blocking, that prevents caller identification
information from the ADAD solicitor's lines from being shown by an end user's
caller identification device.]
(2)
The ADAD solicitor's displayed caller identification
number must be one at which telephone calls may be received from end users
if the ADAD solicitor uses a device which plays a recorded message when a
connection is completed to a telephone number.]
(h)
] Penalties. A person who operates
an ADAD without a valid permit, with an expired permit, or with a permit that
has been suspended under the provisions of subsection (f) of this section
or who otherwise operates the ADAD in violation of this section or a commission
order, is subject to an administrative penalty of not more than $1,000 for
each day or portion of a day during which the ADAD was operating in violation
of this section. However, nothing in this subsection is intended to limit
the commission's authority under the Public Utility Regulatory Act §15.021,
(Vernon 1998).
]
Part 4.
TEXAS DEPARTMENT OF LICENSING AND REGULATION - Original Certificate of Authority ].
$1,000
].
Chapter 65.
BOILER DIVISION
Chapter 68.
ARCHITECTURAL BARRIERS
If payment is not received within
30 days of receipt of construction documents they will be destroyed.
]
(g)
] When
a project is registered
with the department
[
construction documents are submitted
]
after completion of a subject project, the
Late Project Filing Fee
[
late submittal fee
] shall apply in lieu of the
Project Filing
Fee
[
review fee
] required by paragraph (b) of this subsection.
]
Part 9.
TEXAS LOTTERY COMMISSION