Proposed Sections
Before an agency may permanently adopt a new or amended section, or repeal an 
existing section, a proposal detailing the action must be published in the Texas 
Register at least 30 days before any action may be taken. The 30-day time period 
gives interested persons an opportunity to review and make oral or written 
comments on the section. Also, in the case of substantive sections, a public 
hearing must be granted if requested by at least 25 persons, a governmental 
subdivision or agency, or an association having at least 25 members.
Symbology in proposed amendments. New language added to an existing section is 
indicated by the use of bold text. [Brackets] indicate deletion of existing 
material within a section.
TITLE 1. ADMINISTRATION
Part II. Texas Ethics Commission
Chapter 5. Campaign Treasurer
Subchapter B. Reporting Forms
Appointment of General-Purpose Committee Campaign Treasurer
1 TAC sec.5.2
(Editor's Note: The Texas Ethics Commission proposes for permanent adoption the 
new section it adopts on an emergency basis in this issue. The text of the new 
section is in the Emergency Rules section of this issue.)
The Texas Ethics Commission proposes new sec.5.2, concerning appointment of 
general-purpose committee campaign treasurer. This section sets forth the form 
for filing the appointment of the general-purpose committee campaign treasurer.
Jim Mathieson, staff attorney, has determined that for the first five-year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the section.
Mr. Mathieson also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be to comply with the Election Code by promulgating the necessary 
form to appoint a general-purpose committee campaign treasurer. There will be no 
effect on small businesses. There is no anticipated economic cost to persons who 
are required to comply with the section as proposed.
Comments on the proposal may be submitted to Jim Mathieson, 1101 Camino La 
Costa, Austin, Texas 78752.
The new section is proposed under Texas Civil Statutes, Article 6252-9d.1, which 
provide the Texas Ethics Commission with the authority to establish rules 
governing the Texas Election Code, Title 15, and prescribe forms for reports 
required to be filed with the commission.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 16, 1992.
TRD-9200743
Jim Mathieson
Staff Attorney
Texas Ethics Commission
Earliest possible date of adoption: February 28, 1992
For further information, please call: (512) 406-0100
       
Appointment of Candidate's Campaign Treasurer
1 TAC sec.5.3
(Editor's Note: The Texas Ethics Commission proposes for permanent adoption the 
new section it adopts on an emergency basis in this issue. The text of the new 
section is in the Emergency Rules section of this issue.)
The Texas Ethics Commission proposes new sec.5.3, concerning appointment of a 
candidate campaign treasurer. The new section sets forth the form for filing of 
the appointment of a candidate campaign treasurer.
Jim Mathieson, staff attorney, has determined that for the first five-year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the section.
Mr. Mathieson also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be to comply with the Election Code by promulgating the necessary 
form to appoint a candidate's campaign treasurer. There will be no effect on 
small businesses. There is no anticipated economic cost to persons who are 
required to comply with the section as proposed.
Comments on the proposal may be submitted to Jim Mathieson, 1101 Camino La 
Costa, Austin, Texas 78752. Only written comments will be accepted.
The new section is proposed under Texas Civil Statutes, Article 6252-9d.1, which 
provide the Texas Ethics Commission with the authority to establish rules 
governing Title 15, Texas Election Code, and prescribe forms for reports 
required to be filed with the commission.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 16, 1992.
TRD-9200732
Jim Mathieson
Staff Attorney
Texas Ethics Commission
Earliest possible date of adoption: February 28, 1992
For further information, please call: (512) 406-0100
       
Appointment of Specific-Purpose Committee Campaign Treasurer
1 TAC sec.5.4
(Editor's Note: The Texas Ethics Commission proposes for permanent adoption the 
new section it adopts on an emergency basis in this issue. The text of the new 
section is in the Emergency Rules section of this issue.)
The Texas Ethics Commission proposes new sec.5.4 concerning appointment of 
specific-purpose committee campaign treasurer. The new section sets forth the 
form for filing of the appointment of specific-purpose committee campaign 
treasurer.
Jim Mathieson, staff attorney, has determined that for the first five-year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the section.
Mr. Mathieson also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be to comply with the Election Code by promulgating the necessary 
form to appoint a specific-purpose committee campaign treasurer. There will be 
no effect on small businesses. There is no anticipated economic cost to persons 
who are required to comply with the section as proposed.
Comments on the proposal may be submitted to Jim Mathieson, 1101 Camino La 
Costa, Austin, Texas 78752. Only written comments will be accepted.
The new section is proposed under Texas Civil Statutes, Article 66252-9d.1, 
which provide the Texas Ethics Commission with the authority to establish rules 
governing Title 15, Texas Election Code, and prescribe forms for reports 
required to be filed with the commission.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 16, 1992.
TRD-9200731
Jim Mathieson
Staff Attorney
Texas Ethics Commission
Earliest possible date of adoption: February 28, 1992
For further information, please call: (512) 406-0100
       
Designation of Final Report By Candidate
1 TAC sec.5.5
(Editor's Note: The Texas Ethics Commission proposes for permanent adoption the 
new section it adopts on an emergency basis in this issue. The text of the new 
section is in the Emergency Rules section of this issue.)
The Texas Ethics Commission proposes new sec.5.5, concerning the designation of 
a final report by a candidate. This section sets forth the form for filing of 
the designation of final report by candidate
Jim Mathieson, staff attorney, has determined that for the first five-year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the section.
Mr. Mathieson also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be to comply with the Election Code by promulgating the necessary 
forms to designate a final report by a candidate. There will be on effect on 
small businesses. There is no anticipated economic cost to persons who are 
required to comply with the section as proposed.
Comments on the proposal may be submitted to Jim Mathieson, 1101 Camino La 
Costa, Austin, Texas 78752. Only written comments will be accepted.
The new section is proposed under Texas Civil Statutes, Article 6252-9d.1, which 
provide the Texas Ethics Commission with the authority to establish rules 
governing the Texas Election Code, Title 15, and prescribe forms for reports 
required to be filed with the commission.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 16, 1992.
TRD-9200739
Jim Mathieson
Staff Attorney
Texas Ethics Commission
Earliest possible date of adoption: February 28, 1992
For further information, please call: (512) 406-0100
       
Designation of Final Report/Affidavit of Dissolution by Specific-Purpose 
Committee
1 TAC sec.5.6
(Editor's Note: The Texas Ethics Commission proposes for permanent adoption the 
new section it adopts on an emergency basis in this issue. The text of the new 
section is in the Emergency Rules section of this issue.)
The Texas Ethics Commission proposes new sec.5.6, concerning the designation of 
final report and affidavit of dissolution by a specific-purpose committee. This 
section sets forth the form for filing the designation of final report/affidavit 
of dissolution by specific-purpose committee.
Jim Mathieson, staff attorney, has determined that for the first five-year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the section.
Mr. Mathieson also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be to comply with the Election Code by promulgating the necessary 
forms to designate a final report and affirm the dissolution of a specific-
purpose committee. There will be no effect on small businesses. There is no 
anticipated economic cost to persons who are required to comply with the section 
as proposed.
Comments on the proposal may be submitted to Jim Mathieson, 1101 Camino La 
Costa, Austin, Texas 78752. Only written comments will be accepted.
The new section is proposed under Texas Civil Statutes, Article 6252-9.d1, which 
provides the Texas Ethics Commission with the authority to establish rules 
governing the Texas Election Code, Title 15, and prescribe forms for reports 
required to be filed with the commission.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 16, 1992.
TRD-9200737
Jim Mathieson
Staff Attorney
Texas Ethics Commission
Earliest possible date of adoption: February 28, 1992
For further information, please call: (512) 406-0100
       
Affidavit of Dissolution for General-Purpose Committee
1 TAC sec.5.7
(Editor's Note: The Texas Ethics Commission proposes for permanent adoption the 
new section it adopts on an emergency basis in this issue. The text of the new 
section is in the Emergency Rules section of this issue.)
The Ethics Commission proposes new sec.5.7, concerning the dissolution of a 
general-purpose committee. This section sets forth the form for filing of the 
affidavit of dissolution for general-purpose committees.
Jim Mathieson, staff attorney, has determined that for the first five-year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the section.
Mr. Mathieson also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be to comply with the Election Code by promulgating the necessary 
forms for filing of the affidavit of dissolution for general-purpose committees. 
There will be no effect on small businesses. There is no anticipated economic 
cost to persons who are required to comply with the section as proposed.
Comments on the proposal may be submitted to Jim Mathieson, 1101 Camino La 
Costa, Austin, Texas 78752. Only written comments will be accepted.
The new section is proposed under Texas Civil Statutes, Article 6252-9d.1, which 
provide the Texas Ethics Commission with the authority to establish rules 
governing the Texas Election Code, Title 15, and prescribe forms for reports 
required to be filed with the commission.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 16, 1992.
TRD-9200735
Jim Mathieson
Staff Attorney
Texas Ethics Commission
Earliest possible date of adoption: February 28, 1992
For further information, please call: (512) 406-0100
       
General-Purpose Committee Monthly Sworn Report of Contributions and Expenditures
1 TAC sec.5.8
(Editor's Note: The Texas Ethics Commission proposes for permanent adoption the 
new section it adopts on an emergency basis in this issue. The text of the new 
section is in the Emergency Rules section of this issue.)
The Texas Ethics Commission proposes new sec.5.8, concerning general-purpose 
committee's monthly filing of sworn report of contributions and expenditures. 
The new section sets forth the form for filing the report.
Jim Mathieson, staff attorney, has determined that for the first five-year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the section.
Mr. Mathieson also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be to comply with Title 15, Texas Election Code, by promulgating 
the necessary form for general-purpose committees to file monthly sworn reports 
of contributions and expenditures. There will be no effect on small businesses. 
There is no anticipated economic cost to persons who are required to comply with 
the section as proposed.
Comments on the proposal may be submitted to Jim Mathieson, 1101 Camino La 
Costa, Austin, Texas 78752. Only written comments will be accepted.
The new section is proposed under Texas Civil Statutes, Article 6252-9d.1, which 
provide the Texas Ethics Commission with the authority to comply with Title 15, 
Texas Election Code, by promulgating the necessary form for general-purpose 
committees to file monthly sworn reports of contributions and expenditures.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 17, 1992.
TRD-9200791
Jim Mathieson
Staff Attorney
Texas Ethics Commission
Earliest possible date of adoption: February 28, 1992
For further information, please call: (512) 406-0100
       
Subchapter B. Reporting Forms
General-Purpose Committee Sworn Report of Contributions and Expenditures
1 TAC sec.5.9
(Editor's Note: The Texas Ethics Commission proposes for permanent adoption the 
new section it adopts on an emergency basis in this issue. The text of the new 
section is in the Emergency Rules section of this issue.)
The Texas Ethics Commission proposes new sec.5.9, concerning the filing of sworn 
reports by general-purpose committees. The new section sets forth the form for 
the reporting of contributions and expenditures by general-purpose committees.
Jim Mathieson, staff attorney, has determined that for the first five-year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the section.
Mr. Mathieson also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be to comply with the Election Code by promulgating the necessary 
form for reporting monthly contributions and expenditures by a general-purpose 
committee. There will be no effect on small businesses. There is no anticipated 
economic cost to persons who are required to comply with the section as 
proposed.
Comments on the proposal may be submitted to Jim Mathieson, 1101 Camino La 
Costa, Austin, Texas 78752. Only written comments will be accepted.
The new section is proposed under Texas Civil Statutes, Article 6252-9d.1, which 
provide the Texas Ethics Commission with the authority to promulgate rules 
governing Title 15, Texas Election Code, and prescribe forms required to be 
filed with the commission.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 17, 1992.
TRD-9200856
Jim Mathieson
Staff Attorney
Texas Ethics Commission
Proposed date of adoption: February 28, 1992
For further information, please call: (512) 406-0100
       
1 TAC sec.5.10
(Editor's Note: The Texas Ethics Commission proposes for permanent adoption the 
new section it adopts on an emergency basis in this issue. The text of the new 
section is in the Emergency Rules section of this issue.)
The Texas Ethics Commission proposes new sec.5.10, concerning the filing of 
sworn reports of contributions and expenditures by specific-purpose committees. 
The new section sets forth the form for the reporting of contributions and 
expenditures by specific-purpose committees.
Jim Mathieson, staff attorney, has determined that for the first five-year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the section.
Mr. Mathieson also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be to comply with the Election Code by promulgating the necessary 
form for reporting monthly contributions and expenditures by a specific-purpose 
committee. There will be no effect on small businesses. There is no anticipated 
economic cost to persons who are required to comply with the section as 
proposed.
Comments on the proposal may be submitted to Jim Mathieson, 1101 Camino La 
Costa, Austin, Texas 78752. Only written comments will be accepted.
The new section is proposed under Texas Civil Statutes, Article 6252-9d.1, which 
provide the Texas Ethics Commission with the authority to promulgate rules 
governing Title 15, Texas Election Code, and prescribe forms required to be 
filed with the commission.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 17, 1992.
TRD-9200855
Jim Mathieson
Staff Attorney
Texas Ethics Commission
Proposed date of adoption: February 28, 1992
For further information, please call: (512) 406-0100
       
Chapter 7. Personal Financial Disclosure
Subchapter B. Reporting Forms
Financial Statement
1 TAC sec.7.51
(Editor's Note: The Texas Ethics Commission proposes for permanent adoption the 
new section it adopts on an emergency basis in this issue. The text of the new 
section is in the Emergency Rules section of this issue.)
The Texas Ethics Commission proposes new sec.7.51, concerning personal financial 
disclosure statements. This section sets forth the form for filing the financial 
statement.
Jim Mathieson, staff attorney, has determined that there will be no fiscal 
implications as a result of enforcing or administering the sections.
Mr. Mathieson also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be to comply with Texas Civil Statutes, Article 6252-9b, by 
promulgating the necessary form for state officers and employees to file their 
financial statements. There will be no effect on small businesses. There is no 
anticipated economic cost to persons who are required to comply with the section 
as proposed.
Comments on the proposal may be submitted to Jim Mathieson, 1101 Camino La 
Costa, Austin, Texas 78752. Only written comments will be accepted.
The new section is proposed under Texas Civil Statutes, Article 6252-9d.1 which 
provide the Texas Ethics Commission with the authority to establish and 
prescribe forms for reports to be filed with the commission.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 17, 1992.
TRD-9200792
Jim Mathieson
Staff Attorney
Texas Ethics Commission
Earliest possible date of adoption: February 28, 1992
For further information, please call: (512) 406-0100
       
Chapter 10. Registration and Regulation of Lobbyists
1 TAC sec.10.34
(Editor's Note: The Texas Ethics Commission proposes for permanent adoption the 
new section it adopts on an emergency basis in this issue. The text of the new 
section is in the Emergency Rules section of this issue.)
The Texas Ethics Commission proposes new sec.10.34, concerning lobbyist activity 
report. This section sets forth the form for filing the lobbyist activity 
report.
Jim Mathieson, staff attorney, has determined that for the first five-year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the section.
Mr. Mathieson also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be to comply with Government Code, sec.305, by promulgating the 
necessary form for lobbyists to file their activity reports. There is no 
anticipated economic cost to persons who are required to comply with the section 
as proposed.
Comments on the proposal may be submitted to Jim Mathieson, 1101 Camino La 
Costa, Austin, Texas 78752. Only written comments will be accepted.
The section is proposed under Texas Civil Statutes, Article 6252.9d.1, which 
provide the Texas Ethics Commission with the authority to establish registration 
and regulation requirements concerning lobbyists, and to prescribe forms for 
reports to be filed with the commission.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 16, 1992.
TRD-9200741
Jim Mathieson
Staff Attorney
Texas Ethics Commission
Proposed date of adoption: February 28, 1992
For further information, please call: (512) 406-0100
       
TITLE 4. AGRICULTURE
Part III. Texas Feed and Fertilizer Control Service
Chapter 65. Commercial Fertilizer Rules
General Provisions
4 TAC sec.65.1, sec.65.2
The Texas Feed and Fertilizer Control Service proposes amendments to sec.65. 1 
and sec.65.2, concerning definitions, which is revised to include terms now 
coming into use in the fertilizer industry and commercial fertilizer, which 
expands and more clearly states the requirements a material must meet to be or 
to be in a fertilizer.
George W. Latimer, Jr., Texas state chemist, has determined that for the first 
five-year period the sections are in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
sections.
Dr. Latimer also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be a better understanding of the rules; an improvement in the 
procedures used by the office; and creation of a more equitable marketplace for 
the consumer and the legitimate manufacturer. There will be no effect on small 
businesses. There is no anticipated economic cost to persons who are required to 
comply with the sections as proposed.
Comments on the proposal may be submitted to George W. Latimer, Jr., Texas State 
Chemist, P.O. Box 3160, College Station, Texas 77841-3160.
The amendments are proposed under the Texas Agriculture Code, Chapter 63, 
sec.63.004, which provides the Texas Feed and Fertilizer Control Service with 
the authority to adopt rules relating to the distribution of commercial 
fertilizers.
sec.65.1. Definitions.  Except where otherwise provided, the terms and 
definitions adopted by the Association of American Plant Food Control Officials 
in its last published official publication are adopted by reference as the terms 
and definitions to control in this part. <nl>(<ol>The publication is available 
from the Association of American Plant Food Control Officials<nl>.) <ol>[, 203 
Governor Street, Room 304, Richmond, Virginia 23219.] In addition, the following 
words and terms, when used in this chapter, shall have the following meanings, 
unless the context clearly indicates otherwise.
<nl>   Inorganic fertilizer -A mineral, nutrient source containing less than 
5.0% carbonaceous material.
<nl>   Natural-Materials, animal, plant, or mineral, found solely in or produced 
solely by nature which have neither been mixed with any synthetic material nor 
changed from their initial physical state except by air-drying, chopping, 
grinding, shredding, or pelleting and not changed in its chemical state except 
by biological degradation or chemical change initiated solely under normal 
conditions of aging, rainfall, sun-curing or sun-drying, composting, rotting, 
enzymatic or anaerobic bacterial action, or any combination thereof.
<nl>   Natural base fertilizer-A fertilizer containing a minimum of 50% by 
weight of the natural fertilizer materials and 50% by weight of primary 
nutrients which are derived from natural fertilizer materials.
<nl>   Natural fertilizer -A substance composed only of natural organic and/or 
natural inorganic fertilizer materials and natural fillers.
<nl>   Organic base fertilizer-A fertilizer containing a minimum of 50% by 
weight of organic fertilizer materials and 50% by weight of primary nutrients 
which are derived from organic fertilizer materials.
<nl>   Organic fertilizer -A material solely derived from either plant or animal 
products containing hydrogen and oxygen chemically linked to carbon plus one or 
more other elements essential for plant growth.
 [Ton-A net weight of 2,000 pounds avoirdupois or 1,000 kilograms metric.]
sec.65.2. Commercial Fertilizer. <ol> All plant nutrients and additives, not 
salvage nutrients or <nl>salvage<ol> additives <nl>which conform to other 
requirements of the rules or the Texas Fertilizer Control Act<ol>, shall be 
<nl>suitable<ol> [satisfactory] for use for or in a commercial fertilizer.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in College Station, Texas, on January 16, 1992.
TRD-9200776
George W. Latimer, Jr.
Texas State Chemist
Texas Feed and Fertilizer Control Service
Earliest possible date of adoption: February 28, 1992
For further information, please call: (409) 845-1121
       
Permitting and Registration
4 TAC sec.65.11
The Texas Feed and Fertilizer Control Service proposes an amendment to 
sec.65.11, concerning application for registration which the registrant may have 
to provide analysis of product if guarantees do not seem consistent with product 
purpose.
George W. Latimer, Jr., Texas state chemist, has determined that for the first 
five-year period the section is in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
section.
Dr. Latimer also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be a better understanding of the rules; an improvement in the 
procedures used by the office; and creation of a more equitable marketplace for 
the consumer and the legitimate manufacturer. There will be no effect on small 
businesses. There is no anticipated economic cost to persons who are required to 
comply with the section as proposed.
Comments on the proposal may be submitted to George W. Latimer, Jr., Texas State 
Chemist, P.O. Box 3160, College Station, Texas 77841-3160.
The amendment is proposed under the Texas Agriculture Code, Chapter 63, sec.63. 
004, which provides the Texas Feed and Fertilizer Control Service with the 
authority to adopt rules relating to the distribution of commercial fertilizers.
sec.65.11. Application For Registration.
(a)-(b) (No change.)
(c) The service may [also] require the labeling information for other products 
as a condition of registration.
(d) (No change.)
<nl>(e) The service may require independent chemical analysis by a qualified 
chemist to confirm guarantees as a condition of registration.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in College Station, Texas, on January 16, 1992.
TRD-9200777
George W. Latimer, Jr.
Texas State Chemist
Texas Feed and Fertilizer Control Service
Earliest possible date of adoption: February 28, 1992
For further information, please call: (409) 845-1121
       
Labeling
4 TAC sec.sec.65.21, 65.22, 65.24, 65.26, 65.30, 65.31
The Texas Feed and Fertilizer Control Service proposes amendments to sec.sec.65. 
21, 65.22, 65.24, and new sec.65.30 and sec.65.31, concerning primary plant 
nutrients, which defines the term "available phosphorus," plant nutrients in 
addition to nitrogen, phosphorus, and potassium, concerning specific position of 
these items on the label; warnings or cautionary statements required; concerning 
editorial and numbering corrections; organic and organic base nitrogen 
fertilizer, which provides expanded use of terms; trademarks, trade names, 
common names, emphasis on a particular component, which renumbers only; slow 
release fertilizer, which describes legal requirement for products of this type; 
and net weight, which defines how net weights are to be reported.
George W. Latimer, Jr., Texas state chemist, has determined that for the first 
five-year period the sections are in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
sections.
Dr. Latimer also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be a better understanding of the rules; an improvement in the 
procedures used by the office; and creation of a more equitable marketplace for 
the consumer and the legitimate manufacturer. There will be no effects on small 
businesses. There is no anticipated economic cost to persons who are required to 
comply with the sections as proposed.
Comments on the proposal may be submitted to George W. Latimer, Jr., Texas State 
Chemist, P.O. Box 3160, College Station, Texas 77841-3160.
The amendments and new sections are proposed under the Texas Agriculture Code, 
Chapter 63, sec.63.004, which provides the Texas Feed and Fertilizer Control 
Service with the authority to adopt rules relating to the distribution of 
commercial fertilizers.
sec.65.21. Primary Plant Nutrients. Primary nutrients shall be guaranteed on the 
label of a commercial fertilizer in either of the following forms:
(1) 
[graphic]
(2) 
[graphic]
<nl>(A) The descriptor form of P.O. inserted in the space (*) in paragraphs (1) 
and/or (2) of this section shall be selected from terms which the service has 
previously approved for use.
<nl>(B) Whichever descriptor is selected in subparagraph (A) of this paragraph 
shall be used consistently throughout all products distributed by the 
registrant.
<nl>(C) If separate chemical or physical forms of N are claimed, the form shall 
be shown and the sum of the percentages of the individual forms shall equal the 
total nitrogen percentage.
sec.65.22. Plant Nutrients in Addition to Nitrogen, Phosphorus, and Potassium.
(a)-(b) (No change.)
(c) Sources of nutrients when shown on the label, shall be listed below the 
completed guaranteed analysis statement.
sec.65.24. Warnings or Cautionary Statements Required. <ol> A warning or 
cautionary statement <nl>of the following form<ol> is required on any fertilizer 
product containing:
(1)-(2) (No change.)
sec.65.26. Organic and Organic Base Nitrogen Fertilizer.
(a)<nl> In addition to conforming the definitions, the <ol> [The] terms 
["organic"] <nl>"nitrogen-containing organic." <ol> [and] "organic [base]," 
<nl>and organic nitrogen, <ol> when used on the label of commercial fertilizer, 
shall refer only to substances:
[(1) generally recognized as the hydrogen compounds of carbon and their 
derivatives of synthetic products of similar composition;]
<nl>(1)<ol>[(2)] in which the water insoluble nitrogen content is at least 60% 
of the total nitrogen provided by the organic material; and
<nl>(2)<ol>[(3)]<nl> in which<ol> the water insoluble nitrogen <nl>is at least 
<ol> [in the product is not less than] 15% of the total nitrogen <nl>guaranteed 
in the product<ol>.
(b) The terms "organic," "organic base," [and] "natural organic [material] 
<nl>,<ol>"  <nl>and "nitrogen-containing organic" <ol> shall not be interpreted 
as including urea<nl>, <ol> [or] cyanamids, <nl>or triazone,<ol> but <nl>shall 
<ol> [does] include urea <nl>formaldehyde(s)<ol> [formaldehyde].
<nl>(c) When terms "natural organic," "nitrogen-containing organic," "organic 
base," and "organic nitrogen" are used on the label of commercial fertilizers, 
the label shall list all constituent raw materials composing more than 0.5% of 
the product in descending order of predominance.
sec.65.30. Slow Release Fertilizer.
(a) No fertilizer label shall bear a statement that connotes or implies that 
certain plant nutrients contained in a fertilizer are released slowly over a 
period of time, unless the slow release components are identified and guaranteed 
at a level of at least 15% of the total guarantee for that nutrient(s) . Types 
of products with slow release properties recognized are:
(1) water insoluble, such as natural organics, ureaform materials, urea-
formaldehyde products, isobutylidene diurea, oxamide;
(2) coated slow release such as sulfur coated urea and other encapsulated 
soluble fertilizers;
(3) occluded slow release where fertilizer materials are mixed with waxes, 
resins, or other inert materials and formed into particles;
(4) products containing water soluble nitrogen such as ureaform materials urea-
formaldehyde products, methylenediurea (MDU), dimethytenetriurea (DMTU), 
dicyanodiamide (DCD), etc.
(b) The terms, "water insoluble," "coated slow release," "slow release," 
"controlled release," "slowly available water soluble," and "occluded slow 
release" are accepted as descriptive of these products. However, the service may 
require the manufacturer to provide data substantiating the claim (from tests 
carried out under guidance of a recognized reputable researcher acceptable to 
the service). A laboratory procedure, acceptable to the service for evaluating 
the release characteristics of the products(s), may also be required.
(c) If an amount of nitrogen is designated as "organic," "nitrogen-containing 
organic" or "organic nitrogen," then the water insoluble nitrogen or the slow 
release nitrogen guarantee must be at least 60% of the nitrogen so designated. 
Coated urea may not be included in meeting the 60% requirement.
sec.65.31. Net Weight.
(a) Net weight may be determined and reported from data obtained:
(1) by sales for packaged, bulk, dry, and liquid;
(2) by calculation from volume and specific gravity/density for bulk liquids 
only.
(b) Conformance to weight guarantee shall be judged solely by use of certified 
scale defined in accordance with Texas Department of Agricultural Standards.
(c) Dip sticks, uncalibrated meters, or sight gauges shall not be used for 
estimation of volume in sec.65.15(a)(2). Scales not certified in accordance with 
the Texas Department of Agriculture Standards shall not be used for net weights.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in College Station, Texas, on January 16, 1992.
TRD-9200778
George W. Latimer, Jr.
Texas State Chemist
Texas Feed and Fertilizer Control Service
Earliest possible date of adoption: February 28, 1992.
For further information, please call: (409) 845-1121
       
Inspection Fees
4 TAC sec.65.41, sec.65.42
The Texas Feed and Fertilizer Control Service proposes amendments to sec.65. 41 
and sec.65.42, concerning assessment, to clarify the basis for calculating 
tonnage fees and statistical and tonnage reporting and inspection fees, to 
ensure registrants who buy fertilizer for their own use understand they must pay 
inspection tonnage fees.
George W. Latimer, Jr., Texas state chemist, has determined that for the first 
five-year period the sections are in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
sections.
Dr. Latimer also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be a better understanding of the rules; an improvement in the 
procedures used by the office; and creation of a more equitable marketplace for 
the consumer and the legitimate manufacturer. There is no anticipated economic 
cost to persons who are required to comply with the sections as proposed.
Comments on the proposal may be submitted to George W. Latimer, Jr., Texas State 
Chemist, P.O. Box 3160, College Station, Texas 77841-3160.
The amendments are proposed under the Texas Agriculture Code, Chapter 63, 
sec.63.004, which provides the Texas Feed and Fertilizer Control Service with 
the authority to adopt rules relating to the distribution of commercial 
fertilizers.
sec.65.41. Assessment.
(a)-(d) (No change.)
<nl>(e) Tonnage inspection fees shall be assessed on "as distributed basis."
sec.65.42. Statistical and Tonnage Reporting and Inspection Fees.
(a) The sales of commercial fertilizers designed for general purpose on-the-farm 
use shall be reported as follows.
[(1) The last person who distributes the fertilizer to a dealer or consumer who 
is not a registrant shall submit all quarterly tonnage reports and remit all 
tonnage inspection fees required by sec.63.072 of the Act.]
<nl>(1) If more than one registrant is involved in the distribution of a 
commercial fertilizer, the registrant who distributes the fertilizer to a non-
registrant, shall submit all quarterly tonnage fees required by the Act, 
sec.63.072. Registrants who are consumers shall submit all quarterly tonnage 
reports and remit all tonnage fees required by the Act, sec.63.072.
(2) Such <nl>registrant(s)<ol> [person] shall further submit a quarterly 
statistical tonnage report which shall list the total fertilizer tonnage 
distributed in the state during the preceding quarter by county, grade, and type 
(e.g., bulk, liquid, or packaged). The quarterly statistical tonnage report 
shall be submitted on forms prescribed by the service or on forms containing 
commensurate information organized in a manner convenient and useful to the 
service.
(b)-(c) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in College Station, Texas, on January 16, 1992.
TRD-9200779
George W. Latimer, Jr.
Texas State Chemist
Texas Feed and Fertilizer Control Service
Earliest possible date of adoption: February 28, 1992
For further information, please call: (409) 845-1121
       
Appeals and Rehearings
4 TAC sec.65.85
The Texas Feed and Fertilizer Control Service proposes new sec.65.85, concerning 
appeals and rehearings, to clarify the procedure for appealing actions by the 
office.
George W. Latimer, Jr., Texas state chemist, has determined that for the first 
five-year period the section is in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
section.
Dr. Latimer also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be a better understanding of the rules; an improvement in the 
procedures used by the office; and creation of a more equitable marketplace for 
the consumer and the legitimate manufacturer. There will be no effect on small 
businesses. There will be no effect on small businesses. There is no anticipated 
economic cost to persons who are required to comply with the section as 
proposed.
Comments on the proposal may be submitted to George W. Latimer, Jr., Texas State 
Chemist, P.O. Box 3160, College Station, Texas 77841-3160.
The new section is proposed under the Texas Agriculture Code, Chapter 63, 
sec.63.004, which provides the Texas Feed and Fertilizer Control Service with 
the authority to adopt rules relating to the distribution of commercial 
fertilizers.
sec.65.85. Notice of Opportunity For Appeals and Rehearings.  Individuals or 
businesses that wish to contest findings of major label or guarantee violations 
or ask for rehearings of administrative rulings or orders shall file such 
notice, preferably in writing, with the service within 15 calendar days 
following the day on which notice of the action is given.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in College Station, Texas, on January 16, 1992.
TRD-9200780
George W. Latimer, Jr.
Texas State Chemist
Texas Feed and Fertilizer Control Service
Earliest possible date of adoption: February 28, 1992
For further information, please call: (409) 845-1121
       
TITLE 7. BANKING AND SECURITIES
Part VI. Credit Union Department
Chapter 91. Liquidations
Organizational Procedures
7 TAC sec.91.211
The Credit Union Commission proposes an amendment to sec.91.211, concerning 
mandatory federal insurance on shares and deposits. The current deadline of June 
30, 1993, is proposed to be changed to December 31, 1992.
John R. Hale, commissioner, has determined that for the first five-year period 
the section is in effect there will be no fiscal implications as a result of 
enforcing or administering the section.
Mr. Hale also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be that all credit unions having offices in Texas must be insured 
by the National Credit Union Share Insurance Fund by December 31, 1992. There 
will be no effect on small businesses. The anticipated economic cost to credit 
unions which are required to comply with the section as proposed will be 
somewhat minimal because only one out-of-state credit union will be affected.
Comments on the proposal may be submitted to Harry L. Elliott, Staff Services 
Officer, 914 East Anderson Lane, Austin, Texas 78752-1699.
The amendment is proposed under Texas Civil Statutes, Article 2461-11.07, which 
provide the Credit Union Commission with the authority to adopt reasonable rules 
necessary for the administration of the Texas Credit Union Act.
sec.91.211. Foreign State Credit Union Branch Offices.
(a)-(b) (No change.)
(c) In order to protect the interest of the citizens of the State of Texas, the 
commissioner shall approve the application if he finds that the applicant:
(1)-(8) (No change.)
(9) has proven that the shares and deposits of its members in the State of Texas 
are insured by the National Credit Union Share Insurance Fund or its successor 
by no later than <nl>December 31, 1991;<ol> [June 30, 1993. Any credit union 
subject to this rule and unable to qualify for federal share deposit by June 30, 
1993, may be granted one or more six-month extensions by the commissioner to 
qualify for federal insurance, if the commissioner finds that the credit union 
is making substantial progress in qualifying for federal insurance with NCUA;]
(10)-(11) (No change.)
(d)-(g) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 17, 1992.
TRD-9200901
John R. Hale
Commissioner
Credit Union Department
Earliest possible date of adoption: February 28, 1992
For further information, please call: (512) 837-9236
       
Powers Of Credit Unions
7 TAC sec.91.402
The Credit Union Commission proposes new sec.91.402, concerning the retention of 
records. The current requirements have become somewhat obsolete and need to be 
updated to accommodate current statutory and regulatory requirements, as well as 
new technology available for copying documents. The proposed change will provide 
greater flexibility in recognizing ongoing changes in retention requirements and 
should provide some relief to credit unions in the burden of preserving 
essential records.
John R. Hale, commissioner, has determined that for the first five-year period 
the section is in effect there will be no fiscal implications as a result of 
enforcing or administering the section.
Mr. Hale also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section as proposed will be that records retention requirements will be updated 
to meet statutory and regulatory requirements. There will be no effect on small 
businesses. The anticipated economic cost to persons who are required to comply 
with the section as proposed will likely not be greater than presently required.
Comments on the proposal will be submitted to Harry L. Elliott, Staff Services 
Officer, 914 East Anderson Lane, Austin, Texas 78752-1699. The new section is 
proposed under of Texas Civil Statutes, Article 2461-11.07, which provide the 
Credit Union Commission with the authority to adopt reasonable rules necessary 
for the administration of the Texas Credit Union Act.
sec.91.402. Records Retnetion.
(a) General. Except for those records described in subsection (b) of this 
section the requirement to retain any records under this rule may be satisfied 
by retention of the original or a copy. Upon expiration of the applicable 
retention period, the records may be destroyed. Destruction of any records under 
this rule is permissive and not mandatory or directed. The destruction of any 
record of a credit union, regardless of how inconsequential it may seem or how 
old it has become, is a matter that requires careful consideration. Such 
consideration should include not only the requirements of the department, the 
Credit Union Act (Act), and this rule, but other applicable laws, rules, 
regulations, or government agency directives which expressly, or implicitly 
impose records retention requirements. As a general rule, no record related to a 
particular accounting period may be destroyed (unless it is an original replaced 
by a copy) until the comprehensive annual audit and a supervisory examination by 
the Credit Union Department have been made for that period. Further 
consideration toward the destruction of a record will involve whether or not 
that record may be needed to support the credit union's position in pending, 
threatened, anticipated, or unanticipated legal actions or proceedings. This 
necessarily involves potential retention for the minimum period or periods 
prescribed by applicable statutes of limitations under state and federal law. 
Accordingly, to be consistent with this rule and the requirements of other 
applicable law, the board of directors shall approve a written policy 
authorizing the destruction of specified records on a continuing basis upon 
expiration of specified retention periods. This policy shall provide a 
systematic method for destruction of records under a continuing authority in 
order to eliminate the necessity for the board to give unnecessary repeated 
consideration to destruction of the same types of records merely because they 
relate to different accounting periods. The officer or person responsible for 
destruction of records shall make and retain a listing of such records 
permanently.
(b) Originals retained. The following records must be retained permanently in 
their original form:
(1) charter, bylaws, articles of incorporation, and amendments thereto;
(2) currently effective certificates or licenses to operate under programs of 
various government agencies, such as a certificate to act as issuing agent for 
the sale of United States savings bonds; and
(3) currently effective membership applications, joint membership agreements, 
payable on death agreements, share draft agreements, signature cards, and any 
other currently effective account agreements related to share or deposit 
accounts.
(c) Significant records. Records which are significant to the continuing 
operation of the credit union must be retained until the expiration of 10 years 
following the making of the record or the last entry thereon, or the expiration 
of the applicable statute of limitations, whichever is later. Such records are:
(1)  minutes of meetings of the members and board of directors;
(2)  journal and cash record;
(3) general ledger and subsidiary ledgers;
(4) for active accounts, one copy of each individual share and loan ledger or 
its equivalent;
(5) comprehensive annual audit reports including evidence of account 
verification; and
(6) examination reports and official correspondence from the department or any 
other government agency acting in a regulatory capacity.
(d) Records retained. The following records must be retained until the 
expiration of five years following the making of the record or the last entry 
thereon, or the expiration of the applicable statute of limitations, whichever 
is later:
(1) records related to closed accounts including membership applications, joint 
membership agreements, payable on death agreements, signature cards, share draft 
agreements, and any other account agreements;
(2) for an active account, any account agreement which is no longer in effect.
(e) Method of copying. Credit unions must use a copying process which produces a 
means to retrieve the information in a readable and usable format.
(f) Data processing records. Provisions of this rule apply to records produced 
by a data processing system. Output reports that substitute for standard 
conventional records, or that provided the only support for entries in the 
journal and cash record, should be retained for the minimum period specified in 
this rule or by the board. As with most other records, retention of the original 
or a copy of the original satisfies the requirements of this rule.
(g) Records preservation. All state chartered credit unions are required to 
maintain a records preservation program to identify and store vital records in 
order that they may be reconstructed in the event the credit union's records are 
destroyed. Storage of vital records is the responsibility of the board but may 
be delegated to the responsible persons(s). A vital records storage center 
should be established at some location that is far enough from the credit union 
office to avoid the simultaneous loss of both sets of records in the event of a 
disaster. Records must be stored every calendar quarter within 30 days following 
quarter-end at which time records stored for the previous quarter may be 
destroyed. Stored records may be in any form which can be used to reconstruct 
the credit union's records. This includes machine copies, microfilm, or any 
other usable copy. The records to be stored shall be for the most recent month-
end and are:
(1)  a list of all shares and/or deposits and loan balances for each member's 
account. Each balance on the list is to be identified by an account name or 
number. Multiple balances of either shares or loans to one account shall be 
listed separately;
(2) a financial statement/statement of financial condition which lists all the 
credit union's assets and liability accounts;
(3) a listing of the credit union's banks, insurance policies and investments. 
This information may be marked 'permanent' and updated only when changes are 
made.
(h) Compliance. Credit unions that have some or all of their records maintained 
by an off-site data processor are considered to be in compliance so long as the 
processor meets the minimum requirements of this section. Credit unions that 
have in-house capabilities shall make the necessary provisions to safeguard the 
backup of data on a continuing basis.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 17, 1992.
TRD-9200900
John R. Hale
Commissioner
Credit Union Department
Earliest possible date of adoption: February 28, 1992
For further information, please call: (512) 837-9236
       
7 TAC sec.91.404
The Credit Union Commission proposes new sec.91.404, concerning imprinting safe 
deposit box keys with the issuing credit union's routing number.
John R. Hale, commissioner, has determined that for the first five-year period 
the section is in effect there will be no fiscal implications for state or local 
government as a result of enforcing or administering the section.
Mr. Hale also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be to assist law enforcement officials in identifying and tracing 
proceeds from illegal activities. There will be no effect on small businesses. 
The anticipated economic cost to credit unions which are required to comply with 
the section as proposed will be approximately $200 per location.
Comments on the proposal may be submitted to Harry L. Elliott, Staff Services 
Officer, 914 East Anderson Lane, Austin, Texas 78752-1699.
The new section is proposed under Texas Civil Statutes, Article 2461-11.07, 
which provide the Credit Union Commission with the authority to adopt reasonable 
rules necessary for the administration of the Texas Credit Union Act.
sec.91.404. Safe Deposit Box Facilities.
(a) General. Texas Civil Statutes, Article 2461-6.10(d) requires credit unions 
to imprint keys issued to safe deposit boxes after September 1, 1992, with the 
credit union's routing number. In addition, it require a report to the 
Department of Public Safety if the routing number is altered or defaced so that 
the correct routing number is illegible. The purpose of this rule is to clarify 
the requirements of this article.
(b) Definitions. The following words and terms, when used in this subsection, 
shall have the following meanings, unless the context clearly indicates 
otherwise.
(1) Credit union-This term includes all state or federal credit unions that have 
been assigned a routing number unique to that institution.
(2) Routing number-For purposes of this rule, routing number shall mean the 
number printed on the face of a check or share draft in fractional form or in 
nine-digit form that identifies a paying credit union.
(c) Imprinting requirements. A credit union which has been issued a routing 
number shall imprint that routing number on safe deposit box keys on either the 
head of the key or the shank of the key if there is adequate room. The typical 
locations to be used are indicated in the following instructions and diagram. 
The imprint can be made anywhere on the key that has the required space 
available. It can be either on the head or on the shank of the key. When 
positioning the die on the key, be careful to place the die on the key where it 
will imprint on a flat surface and not in the area of the key cuts or on any of 
the shank ridges or grooves. Imprinting these areas may interfere with the 
proper working of the key in the lock and may cause damage. In the event these 
standard areas for the location of the imprint are unavailable, either because 
of grooves on the key shank or the fact that the head of the key already has 
names and other numbers imprinted on it, then the credit union may attach to the 
key a tag imprinted with the routing number. The tag used must be of such a 
nature as to be secure. Thus, a paper or cardboard tag or a tag affixed with 
string will not be acceptable. However, any other medium such as plastic or 
metal which can retain an imprint of a number shall be acceptable. The tag may 
be attached in any way to assure its affixation to the key. Typically, this will 
mean inserting the tag or a device to affix the tag through the hole in the head 
of the key normally used for placing keys on key chains. The tag method shall 
not be used if there is adequate room on the key itself for imprinting the 
numbers. There are four standard areas for the location of the imprinted routing 
number. These include: the head of the key, the shank of the key, and either 
place on the reverse side of the key. The standard imprint areas are shown 
below.
[graphic]
(d) Branch designation. A credit union may, but is not required to, add a three-
digit branch designation it its routing number. Thus, the main credit union 
facility should receive the designation "001" and branch facilities should 
received numbers consecutively beginning with "002" with successive numbers as 
needed. However, the credit union may control the branch numbering system used 
provided that the credit union must maintain a master list of branch 
designations used for this purpose. The master list should be maintained at the 
main office of the credit union and shall include the following information: 
three-digit branch designation and address of facility. The credit union then 
may imprint safe deposit box keys or tags with the routing number plus three-
digit branch designation for full identification of the facility.
(e)  Report of defaced or altered key. Within 10 days after an officer or 
employee of a credit union observes that a key used to access a safe deposit box 
has had the routing number altered or defaced or the tag removed, a report shall 
be prepared of such incident. The report shall be on a form promulgated by the 
Credit Union Department in the form of the attached Exhibit A. The report should 
be submitted to the Department of Public Safety, attention: Criminal Law 
Enforcement, Box 4087, Austin, Texas 78773-0001. The report should be mailed no 
later than 10 days after the incident. The credit union should retain one copy 
of the incident report for a period of three years. Nothing in this rule nor in 
the Act shall require a credit union to inspect routing numbers imprinted on a 
key or an attached tag to determine if the number has been altered or defaced.
[graphic]
(f) Effective date; applicability to existing keys. A credit union must imprint 
all safe deposit box keys on or after September 1, 1992. Credit unions may begin 
imprinting keys prior to that date. The imprinting requirement shall apply to 
all keys currently outstanding as well as to all keys issued after September 1, 
1992. However, keys for boxes rented prior to September 1, 1992, need not be 
imprinted with the routing number unless and until a member presents a safe 
deposit box key at a credit union for access to a box. Nothing in this rule or 
the Act shall be construed to require a credit union to provide notice to its 
safe deposit box users or to otherwise require such members to present their 
keys for imprinting. However, on the first date after September 1, 1992, that a 
member presents a key which has not been imprinted, the credit union shall 
imprint the key with the routing numbers as required by Texas Civil Statutes, 
Article 2461-6.10(d).
(g) Effect of change in routing number. In the event a credit union's routing 
number is changed as a result of a merger, acquisition, or other change, safe 
deposit box keys need not be replaced with a new routing number provided that 
the credit union maintains a master list of the routing numbers used to imprint 
keys.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 17, 1992.
TRD-9200898
John R. Hale
Commissioner
Credit Union Department
Earliest possible date of adoption: February 28, 1992
For further information, please call: (512) 837-9236
       
Loans
7 TAC sec.91.708
The Credit Union Commission proposes new sec.91.708, concerning late charges for 
delinquent loan payments.
John R. Hale, commissioner, has determined that for the first five-year period 
the section is in effect there will be no fiscal implications as a result of 
enforcing or administering the section.
Mr. Hale also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be that sufficient controls will be established to ensure the 
reasonableness of late charges on delinquent loan payments. There will be no 
effect on small businesses. There is no anticipated economic cost to persons who 
are required to comply with the sections as proposed.
Comments on the proposal may be submitted to Harry L. Elliott, Staff Services 
Officer, 914 East Anderson Lane, Austin, Texas 78752-1699.
The new section is proposed under Texas Civil Statutes, Article 2461-11.07, 
which provide the Credit Union Commission with the authority to adopt reasonable 
rules necessary for the administration of the Texas Credit Union Act.
sec.91.708. Late Charges. <ol>  A credit union may assess charges for loan 
payments more than 10 days delinquent, subject to the following limitations.
(1) Charges for single-payment loans or balloon payments may not exceed . 5% of 
the payment due.
(2) Charges for delinquent loans having substantially equal monthly payments may 
not exceed 5.0% of the payment due.
(3) A minimum of $2.00 may be charged for a delinquent loan payment; provided, 
however, only one late charge may be assessed for a particular loan payment.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 17, 1991.
TRD-9200896
John R. Hale
Commissioner
Credit Union Department
Earliest possible date of adoption: February 28, 1992
For further information, please call: (512) 837-9236
       
Chapter 95. Texas Share Guaranty Credit Union
General
7 TAC sec.95.3
The Credit Union Commission proposes amendment to sec.95.3, concerning change of 
deadline for obtaining federal share insurance.
John R. Hale, commissioner, has determined that for the first five-year period 
the section is in effect there will be no fiscal implications as a result of 
enforcing or administering the section.
Mr. Hale also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
sections will be that all credit unions in Texas will have federal deposit 
insurance by December 31, 1992, and thereby avoid having to disclose at year end 
1992 the absence of such insurance. There will be no effect on small businesses. 
The anticipated economic cost to credit unions which are required to comply with 
the section as proposed should be minimal because of the current deadline being 
December 31, 1992.
Comments on the proposal will be submitted to Harry L. Elliott, Staff Services 
Officer, 914 East Anderson Lane, Austin, Texas 78752-1699.
The amendment is proposed under Texas Civil Statutes, Article 2461-11.07, which 
provide the Credit Union Commission with the authority to adopt reasonable rules 
necessary for the administration of the Texas Credit Union Act.
sec.95.3. Share Deposit Guaranty Requirements. All credit unions in the State of 
Texas shall obtain federal share insurance from the National Credit 
Administration (NCUA). Credit unions presently insured by the Texas Share 
Guaranty Credit Union shall <nl>reapply <ol> [apply] for federal insurance 
<nl>within 30 days upon being directed to do so by the commissioner<ol> [with 
NCUA no later than March 1, 1991,] and obtain federal share insurance within 30 
days of notification of eligibility by NCUA. Any credit union unable to qualify 
for federal share insurance <nl>following such reapplication<ol> [by December 
31, 1992,] may be granted one or more [six-month] extensions by the commissioner 
to <nl>continue operating and to<ol> qualify for federal insurance, if the 
commissioner finds that the credit union is making substantial progress in 
qualifying for federal insurance with NCUA. <nl>In no event may an extension go 
beyond December 31, 1992.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 17, 1992.
TRD-9200895
John R. Hale
Commissioner
Credit Union Department
Earliest possible date of adoption: February 28, 1992
For further information, please call: (512) 837-9236
       
TITLE 22. EXAMINING BOARDS
Part XXIII. Texas Real Estate Commission
Chapter 537. Professional Agreements and Standard Contracts
Standard Contract Forms
22 TAC sec.sec.537.11, 537.13, 537.23, 537.28, 537.29, 537.33
The Texas Real Estate Commission proposes amendments to  ssec.537.11, 537.13, 
537.23, 537.28, 537.29, and 537.33, concerning professional agreements and 
standard contract forms.
The proposed amendments were first proposed in the September 3, 1991, issue of 
the Texas Register  (16 TexReg 4798). After considering more than 120 comments 
on the proposed amendments, the commission decided to withdraw the proposal and 
republish the proposed amendments in order to allow interested persons an 
additional opportunity for review and comment.
The amendment replace five existing standard contract forms with revised forms 
which have been developed by the Texas Real Estate Broker-Lawyer Committee. 
Texas real estate licensees are generally required to use contract forms 
approved by the commission when the licensees act as agents in the negotiation 
of real estate sales. The amendment to sec.537.11 clarifies that reproduction of 
promulgated forms must be on the same size of paper used by the commission in 
the promulgated version of the forms. The five revised forms are the first 
mandatory contract forms promulgated on letter-size, 8 1/2-inch by 11-inch 
paper. The amendment to sec.537.11 also renumbers forms which are being 
replaced. Single copies or slick proofs of each form will ultimately be 
available from the commission; private printers and trade associations are 
expected to supply the forms to persons wishing to obtain copies in volume. 
Forms also may be reproduced by computers under guidelines established by the 
commission.
The amendment to sec.537.12 adopts by reference a revised Property Condition 
Addendum, Form TREC Number 2-3. The form has been modified to require repairs if 
the items marked for inspection are reported to be in need of repair. Items to 
be inspected are grouped as basic foundation only, basic structural items, 
including the foundation, basic mechanical, and other systems and attachments. 
Space has also been provided for a buyer to specify additional inspections to be 
performed. The revised addendum also contains a provision advising the parties 
to the contract that it is their responsibility to select inspector and repair 
persons.
The amendment to sec.537.23 adopts by reference a revised Release of Liability 
on Assumption of FHA, VA or Conventional Loan-Restoration of Seller's 
Entitlement for VA Guaranteed Loan, Form TREC Number 12-1. The form has been 
modified to permit the seller and buyer to apply for release of the seller's 
liability on FHA, VA, or conventional loans being assumed, as well as for 
restoration of the seller's VA entitlement.
The amendment to sec.537.28 adopts by reference a revised One to Four Family 
Residential Earnest Money Contract (Resale)-All Cash, Assumption, Third Party 
Conventional or Seller Financed, Form TREC Number 20-1. The form has been 
modified by adding certain items attached to the real property to be included in 
the sale, space to designate items not included in the sale, and a provision to 
indicate whether the property is subject to mandatory membership in an owners' 
association. The form is also modified to permit a variance above $350 in the 
balance of an assumed loan to be eliminated by either party. Private mortgage 
insurance (PMI) may be required as part of a loan; PMI may be paid in cash or 
added to the amount to be financed as a condition of the contract. The seller 
may reduce the sales price to the lender's appraised value if the loan requested 
by the buyer is reduced due to the appraisal. The terms of the promissory note 
used in seller financing have been removed and placed in revised Form TREC 
Number 26-1. Approval of the buyer's credit is expanded to assumption sales as 
well as sales in which seller financing is involved. The buyer's failure to 
provide documentation of creditworthiness to the seller within the specified 
time has been made a ground for the seller to terminate the contract. Failure to 
deposit earnest money would be a default by the buyer. The buyer is permitted to 
object to certain standard exclusions or exceptions to the title insurance 
policy if those items prohibit a specified use or activity concerning the 
property. The new form also provides for a commitment for title insurance or an 
abstract to be delivered to the seller within 20 days after the effective date 
of the contract if the appropriate box has been marked. If the seller fails to 
cure any title objections within 15 days, the contract terminates unless the 
buyer waives the objections. A provision requiring a survey and permitting 
objections to be made based on the survey has been added to the form. An 
optional provision has also been added to cause disputes to be submitted to 
mediation, either with a named mediation provider or a mutually acceptable 
provider to be named later. The parties to the mediation, which may include the 
broker, would share mediation costs equally. An agreement for mediation would 
survive closing.
A number of changes to Form TREC Number 20-1 concern the condition of the 
property. A separate expense cap has been added for the cost of treatment and 
repairs resulting from termites and other wood-destroying insects. The buyer's 
loan approval would no longer be a condition for the seller's notification of 
the buyer as to whether excess costs will be paid. A provision has been added 
permitting the buyer pay a nonrefundable fee to the seller, inspect the 
property, and terminate the contract within a specified time if the condition of 
the property is unacceptable.
A provision has also been added for insertion of the broker's fee if there is no 
separate agreement between the seller and the broker. A provision also would 
indicate whether the broker working with the buyer represents the seller or the 
buyer. Failure to close by the closing date would no longer permit exercise of 
default remedies immediately and without notice. Sales expenses have been 
updated to include items such as owner title policy guaranty and recoupment fees 
and loan warehouse and underwriting fees. Payment of loan discount and buy down 
fees has been modified so that the seller pays a specified percentage of the 
loan and the buyer pays the remainder. The prorations paragraph is revised to 
clarify the disposition of any escrow account maintained by a lender for an 
assumed loan. The default provisions have been modified so as to permit an 
election to enforce specific performance, seek other relief provided by law, or 
both, or to terminate the contract. A provision has been added to require the 
escrow agent to pay the earnest money to the party demanding it if the other 
party has not objected after being notified by the escrow agent of the demand in 
the manner required by the contract. A number of nonsubstantive changes are also 
made for clarity.
The amendment to sec.537.29 adopts by a reference a revised One to Four Family 
Residential Earnest Money Contract (Resale)-FHA Insured or VA guaranteed 
Financing, Form TREC Number 21-1. The changes made to Form TREC Number 21-1 
parallel those made to provisions also appearing in TREC Number 20-1. The 
financing provisions of the form also have been revised to permit a "lock-in" 
agreement between the buyer and the lender to set a fixed interest rate for a VA 
loan.
The amendment to sec.537.33 adopts by reference a revised Seller Financing 
Addendum, Form TREC Number 26-1. The form has been modified to provide the terms 
of the promissory note from the buyer to the seller. The provisions concerning 
the content of the deed of trust have been rewritten for clarity, and the maker 
of the note would be obligated to provide annual proof of paid-up insurance 
naming the payee as an insured. Language has been added to make the lien 
retained by the seller inferior only to preexisting superior liens.
Mark A. Moseley, general counsel, has determined that for the first five-year 
period the sections are in effect there will be fiscal implications for state 
government as a result of enforcing or administering the sections. The effect on 
state government is an estimated increase in revenue of $2,800 in 1991 and $380 
each year thereafter resulting from sales of slick proofs of contract forms. 
Revenues would be offset by comparable expenses for printing and mailing the 
forms. There will be no fiscal implications for local government or any 
anticipated impact on local or statewide employment as a result of implementing 
the sections.
Mr. Moseley also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be the availability of revised standard contract forms for use 
by Texas real estate licensees and the general public. There will be no effect 
on small businesses. Persons who are required to comply with the sections as 
proposed may expect to pay $3.50 or more per pad of 50 copies of each form 
available fro 27>m private printers or trade associations.
Comments on the proposal may be submitted to Mark A. Moseley, General Counsel, 
Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The amendments are proposed under Texas Civil Statutes, Article 6573a, sec.16, 
which provide the Texas Real Estate Commission with the authority to adopt rules 
and regulations requiring real estate brokers and salesmen to use contract forms 
which have been prepared by the Texas Real Estate Broker-Lawyer Committee and 
promulgated by the commission.
sec.537.11. Use of Standard Contract Forms.
(a) Standard Contract Form TREC Number <nl>2-3 <ol> [2-2] is promulgated for use 
as an addendum only to another promulgated standard contract form. Standard 
Contract Form TREC Number 9-1 is promulgated for use in the sale of unimproved 
property where intended use is for one to four family residences. Standard 
Contract Form TREC Number 10-1 is promulgated for use as an addendum concerning 
sale of other property by a buyer to be attached to promulgated forms of 
contracts. Standard Contract Form TREC Number 11-1 is promulgated for use as an 
addendum to be attached to promulgated forms of contracts which are second or 
"back-up" contracts. Standard Contract Form TREC Number <nl>12-1<ol> [12-0] is 
promulgated for use as an addendum to be attached to promulgated forms of 
contracts where there is a Veterans Administration release of liability or 
restoration entitlement. Standard Contract Form TREC Number 13-0 is promulgated 
for use as an addendum concerning new home insulation to be attached to 
promulgated forms of contracts. Standard Contract Form TREC Number 14-0 is 
promulgated for use as an addendum concerning financing conditions to be 
attached to promulgated contracts where there is a conventional loan. Form TREC 
Number 15-1 is promulgated for use as a residential lease when a seller 
temporarily occupies property after closing. Standard Contract Form TREC Number 
16-1 is promulgated for use as a residential lease when a buyer temporarily 
occupies property prior to closing. Standard Contract Form TREC Number <nl>20-
1<ol> [20-0] is promulgated for use in the resale of residential real estate 
where there is all cash or owner financing, an assumption of an existing loan, 
or a conventional loan. Standard Contract Form TREC Number <nl>21-1<ol> [21-0] 
is promulgated for use in the resale of residential real property where there is 
a Veterans Administration guaranteed loan or a Federal Housing Administration 
insured loan. Standard Contract Form TREC Number 23-0 is promulgated for use in 
the sale of a new home where construction is incomplete. Standard Contract Form 
TREC Number 24-0 is promulgated for use in the sale of a new home where 
construction is completed. Standard Contract Form TREC Number 25-0 is 
promulgated for use in the sale of a farm or ranch. Standard Contract Form TREC 
Number <nl>26-1<ol> [26-0] is promulgated for use as an addendum concerning 
seller financing.
(b)-(i) (No change.)
(j) Forms approved or promulgated by the commission must [may] be reproduced 
<nl>on the same size of paper used by the commission<ol> with the following 
changes or additions only.
(1)-(2) (No change.)
sec.537.13. Standard Contract Form TREC Number <nl>2-3  [2-2].  The Texas Real 
Estate Commission adopts by reference standard contract form TREC Number <nl>2-
3<ol> [2-2] approved by the Texas Real Estate Commission in <nl>1992 <ol> 
[1985]. This document is published by and available from the Texas Real Estate 
Commission, P.0. Box 12188, [Capitol Station,] Austin, Texas 78711<nl>-2188<ol>.
sec.537.23. Standard Contract Form TREC Number <nl>12-1  [12-0].  The Texas Real 
Estate Commission adopts by reference standard contract form TREC Number <nl>12-
1<ol> [12-0] approved by the Texas Real Estate Commission in <nl>1992 <ol> 
[1982]. This document is published by and available from the Texas Real Estate 
Commission, P.O. Box 12188, [Capitol Station,] Austin, Texas 78711<nl>-2188<ol>.
sec.537.28. Standard Contract Form TREC Number <nl>20-1  [20-0].  The Texas Real 
Estate Commission adopts by reference standard contract form TREC Number <nl>20-
1<ol> [20-0] approved by the Texas Real Estate Commission in <nl>1992 <ol> 
[1985]. This document is published by and available from the Texas Real Estate 
Commission, P.O. Box 12188, [Capitol Station,] Austin, Texas 78711<nl>-2188<ol>.
sec.537.29. Standard Contract Form TREC Number <nl>21-1  [21-0].  The Texas Real 
Estate Commission adopts by reference standard contract form TREC Number <nl>21-
1<ol> [21-0] approved by the Texas Real Estate Commission in <nl>1992 <ol> 
[1985]. This document is published by and available from the Texas Real Estate 
Commission, P.O. Box 12188, [Capitol Station,] Austin, Texas 78711<nl>-2188<ol>.
sec.537.33. Standard Contract Form TREC Number <nl>26-1  [26-0].  The Texas Real 
Estate Commission adopts by reference standard contract form TREC Number <nl>26-
1<ol> [26-0] approved by the Texas Real Estate Commission in <nl>1992 <ol> 
[1987]. This document is published by and available from the Texas Real Estate 
Commission, P.O. Box 12188, [Capitol Station,] Austin, Texas 78711<nl>-2188<ol>.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 17, 1992.
TRD-9200868
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: February 28, 1992
For further information, please call: (512) 465-3900
       
TITLE 28. INSURANCE
Part I. Texas Department of Insurance
Chapter 5. Property and Casualty Insurance
Subchapter E. Texas Catastrophe Property Insurance Association Inspection for 
Windstorm and Hail Insurance
28 TAC sec.5.4603
The State Board of Insurance of the Texas Department of Insurance proposes an 
amendment to sec.5.4603, concerning the adoption by reference of a mobile home 
tie down survey, Form WPI-MH-1. The amendment is necessary to modify the 
existing mobile home time-down survey to simplify the format to allow for a more 
efficient inspection process and easier completion of the form. The amended form 
also requires additional information that is necessary for determining the 
insurability of mobile homes through the Texas Catastrophe Property Insurance 
Association.
Lyndon Anderson, deputy commissioner, property division, has determined that, 
for the first five-year period the proposed amendment will be in effect, there 
will be no fiscal implication for state or local government as a result of 
enforcing or administering the section.
Mr. Anderson also has determined that, for each year of the first five years the 
section is in effect, the public benefit anticipated as a result of enforcing 
the amendment is a more comprehensive mobile home tie-down inspection survey, 
thereby accelerating the application and/or renewal process for windstorm 
insurance. There will be no effect on small businesses. There is no anticipated 
economic cost to persons who are required to comply with the proposed amendment.
Comments on the proposal may be submitted to Lyndon Anderson, deputy 
commissioner, property division, Mail Code 103-1A, Texas Department of 
Insurance, 333 Guadalupe Street, P.O. Box 149104, Austin, Texas 78714-9104.
The amendment is proposed under the Insurance Code, Article 21.49 sec.6A, which 
authorizes the Texas Department of Insurance to approve forms for windstorm 
inspections for Windstorm and Hail Insurance and to determine insurability for 
coverage by the Texas Catastrophe Property Insurance Association.
sec.5.4603. Forms for Windstorm Inspections.
(a) The <nl>Texas Department<ol> [State Board] of Insurance adopts by reference 
the following forms for use in windstorm inspection:
(1)-(12) (No change.)
(13) Mobile Home Tie-Down Survey, Form WPI-MH-1,  <nl>as amended February 1, 
1992.
(b) These forms are published by and available from the <nl>Texas Department<ol> 
[State Board] of Insurance. Copies of these forms may be obtained from the 
Windstorm Inspection of the Property Division, <nl>Texas Department <ol> [State 
Board] of Insurance, <nl>333 Guadalupe, P.O. Box 149104,<ol> [1110 San Jacinto 
Boulevard], Austin, Texas <nl>78714-9104<ol> [78701-1998] .
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 22, 1992.
TRD-9200964
Linda K. von Quintus-Dorn
Chief Clerk
Texas Department of Insurance
Earliest possible date of adoption: February 28, 1992
For further information, please call: (512) 463-6327
       
Subchapter H. Cancellation, Denial, and Non-Renewal of Certain Property and 
Casualty Insurance Coverage
28 TAC sec.5.7016
The State Board of Insurance of the Texas Department of Insurance proposes new 
section sec.5.7016 declaring it to be an unfair trade practice for an insurer to 
cancel, nonrenew, or deny private passenger automobile insurance coverage based 
on an insured's or applicant's having incurred one of eleven types of prior 
accidents or claims which are enumerated in the section. Briefly, the eleven 
types of prior accidents or claims are: medical payments-personal injury 
protection; legally parked, standing or stopped while auto is unattended; 
unattended auto; reimbursement; weather-related claims; rear-end collision; 
other party charged; hit-and-run; animals or fowls; flying gravel and falling 
missiles; and, uninsured motorists. The medical payments-personal injury 
protection accidents are accidents that involve only medical payments or 
personal injury protection. Legally parked, standing or stopped whzile auto is 
unattended accidents are accidents involving a motor vehicle of the applicant or 
any operator of the auto currently resident in the same household. Unattended 
auto accidents are accidents involving an auto of the applicant or any operator 
of the auto currently residing in the same household where such auto is 
unattended. Reimbursement claims are claims in which the applicant or operator 
of the auto currently resident in the same household, or owner of auto driven by 
the applicant or operator has been reimbursed by or on behalf of the person 
responsible for the accident or has a judgment against such person; or upon 
applicant's showing that judgment was not sought because such person failed to 
prove financial responsibility. Rear-end collision, other party charged, and 
hit-and-run accidents or claims are self-explanatory. Animals or fowls accidents 
are accidents involving damage by contact with animals or fowls. Flying gravel 
and falling missiles accidents are accidents involving physical damage, limited 
to and caused by flying gravel, missiles, or falling objects. Finally, uninsured 
motorists claims are claims paid under uninsured motorists coverage or accidents 
caused by an uninsured motorist if the uninsured motorist reasonably could be 
considered legally liable for the accident. The State Board of Insurance is 
proposing the section to prevent the unfair trade practice of insurers which 
cancel, non-renew, or deny private passenger automobile insurance coverage based 
on an insured's or applicant's prior accident or claim which was not a result of 
fault on the part of such insured or applicant.
A. W. Pogue, associate deputy commissioner for regulated lines, has determined 
that for each year of the first five years the new section will be in effect, 
there will be no fiscal implications for state or local government as a result 
of enforcing or administering this section.
Mr. Pogue also has determined that for each year of the first five years the new 
section is in effect, the public benefit anticipated as a result of enforcing 
the section will be the ability of insureds, who have incurred certain types of 
losses which occur outside of their control, to obtain or maintain insurance 
coverage. There will be no effect on small businesses. The anticipated economic 
cost to persons who are required to comply with the proposed new section is 
estimated to be the difference, if any, between the loss ratios generated by the 
addition of these insureds to the group of insureds already covered by the 
company or carrier.
Comments to be considered by the State Board of Insurance must be submitted in 
writing within 30 days after publication of the proposed section in the Texas 
Register to A. W. Pogue, associate commissioner of regulated lines, Mail Code 
107-2A, Texas Department of Insurance, P.O. Box 149093, Austin, Texas 78714-
9093.
The new section is proposed under the Texas Insurance Code, Article 21.21, which 
regulates trade practices in the business of insurance, including unfair acts 
and practices and unfair discrimination, and which gives the State Board of 
Insurance authority to promulgate and enforce reasonable rules and regulations 
and to order such provision as is necessary to accomplish the purposes of that 
statute; the Insurance Code, Article 21.49-2B, which authorizes the board to 
adopt rules relating to cancellation and nonrenewal of motor vehicle insurance 
policies; the Texas Insurance Code, Article 1.04, which provides the board with 
the authority to determine policy and rules in accordance with the laws of this 
State; the Insurance Code, Article 5.01, which gives the board sole and 
exclusive authority to determine and prescribe just, reasonable, and adequate 
rates and rating plans for motor vehicle insurers; the Insurance Code, Article 
5. 09, which prohibits any insurer from making or permitting any distinction or 
discrimination in favor of any insured having a like hazard in the matter of the 
charge of premium for insurance; and the Insurance Code, Article 5.10, which 
authorizes the Board to make and enforce rules and regulations not inconsistent 
with the provisions of Subchapter A (Motor Vehicle or Automobile Insurance) of 
Chapter 5 of the Insurance Code.
sec.5.7016. Prohibitions of Cancellation, Non-Renewal or Refusal to Insure Based 
on No-Fault Accidents.
(a) It shall be an unfair trade practice for an insurer to cancel a personal 
auto policy within the initial 60 days of issuance of the policy or to refuse to 
renew a personal automobile policy at the end of any annual term on the basis of 
the types of prior accidents or claims listed in subsection (c) of this section. 
(Insurance Code, Article 21.49-2B prohibits cancellation of automobile policies 
after the initial 60 days except under the conditions provided therein. This 
rule does not affect enforcement of that statute.)
(b) It shall be an unfair trade practice for an insurer to refuse to insure an 
applicant for a personal automobile policy on the basis of the types of prior 
accidents or claims listed in subsection (c) of this section.
(c) The following accidents or claims apply to the proscriptions contained in 
subsections (a) and (b) of this section:
(1) medical payments-personal injury protection: accidents involving medical 
payments only or personal injury protection only; or
(2) legally parked, standing, or stopped while auto is unattended: accidents 
involving a motor vehicle of the applicant or any operator of the auto currently 
resident in the same household; or
(3) unattended auto: accidents involving an auto of the applicant or any 
operator of the auto currently residing in the same household where such auto is 
unattended; or
(4) reimbursement: applicant or any operator of the auto currently resident in 
the same household, or owner of the auto driven by applicant or any operator of 
the auto currently resident in the same household, was reimbursed by or on 
behalf of the person responsible for the accident or has a judgment against such 
person; or upon applicant's showing that judgment was not sought for the reason 
that such person failed to prove financial responsibility under the Texas Motor 
Vehicle Safety-Responsibility Act; or
(5)  weather-related claims: claims involving damage from weather-related 
incidents such as hail, tornado, windstorm or hurricane; or
(6) rear-end collision: accidents in which the auto driven by applicant or any 
operator of the auto currently resident in the same household was struck in the 
rear by another vehicle approaching from the rear, and the applicant or any 
operator of the auto currently resident in the same household was not convicted 
of a moving traffic violation in connection with the accident; or
(7) other party charged: accidents in which the operator of any other auto 
involved in the accident charged with a moving traffic violation and the 
applicant or any operator of the auto currently resident in the same household 
was not convicted of a moving traffic violation in connection therewith; or
(8) hit-and-run: accidents in which the auto operated by applicant or any 
operator currently resident in the same household damaged by "hit-and-run" 
driver, if the applicant or other resident operator reports the accident to 
proper authority within 24 hours; or
(9) animals or fowls: accidents involving damage by contact with animals or 
fowls; or
(10) flying gravel and falling missiles: accidents involving physical damage, 
limited to and caused by flying gravel, missiles or falling objects; or
(11) uninsured motorists: claims paid under uninsured motorists coverage or 
accidents caused by an uninsured motorist if the uninsured motorist reasonably 
could be considered to be legally liable for the accident.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas on January 22, 1992.
TRD-9200965
Linda K. von Quintus-Dorn
Chief Clerk
Texas Department of Insurance
Earliest possible date of adoption: February 28, 1992
For further information, please call: (512) 463-6328
       
TITLE 31. NATURAL RESOURCES AND CONSERVATION
Part III. Texas Air Control Board
Chapter 101. General Rules
31 TAC sec.101.1
The Texas Air Control Board (TACB) proposes amendments to sec.101.1, concerning 
definitions. The proposed changes have been developed in response to a 
requirement by the United States Environmental Protection Agency (EPA) to extend 
the controls that currently exist in certain ozone nonattainment areas to other 
previously-designated nonattainment areas. This program is referred to as 
"leveling the playing field." The proposed changes have also been developed in 
response to a requirement by EPA to extend controls that currently exist in 
certain ozone nonattainment areas to newly-designated, adjacent nonattainment 
counties. This program is referred to as the "perimeter county catch-ups." 
Additionally, the proposed changes have been developed in order to ensure that 
these definitions are consistent with the definitions within Chapter 115 
concerning control of air pollution from volatile organic compounds.
The proposed changes to sec.101.1 add definitions for capture efficiency, 
capture system, carbon adsorber, carbon adsorption system, coating, coating 
line, control device, control system, pounds of volatile organic compounds (VOC) 
per gallon of coating (minus water and exempt solvents), pounds of volatile 
organic compounds (VOC) per gallon of solids, and printing line. Additionally, 
the definitions for component, exempt solvent, leak, vapor recovery system, and 
volatile organic compound (VOC) were revised to be consistent with the 
definitions within Chapter 115.
Bennie Engelke, director of administrative services, has determined that for the 
first five-year period the proposed section is in effect, there would be no 
fiscal implications for state and local governments. There are also no fiscal 
implications for facilities affected by the definitions.
Lane Hartsock, deputy director of air quality planning, has determined that for 
the first five-year period the proposed section is in effect, the public benefit 
anticipated as a result of implementing the section will be rules which are more 
uniformly applicable in all Texas ozone nonattainment areas and satisfaction of 
EPA requirements.
Public hearings on this proposal are scheduled for the following times and 
places: February 24, 1992, 7 p.m., John Gray Institute, 8550 Florida Avenue, 
Beaumont; February 25, 1992, 7 p.m., City of El Paso, Council Chambers, Second 
Floor, 2 Civic Center Plaza, El Paso: February 25, 1992, 11 a.m., City of 
Houston, Pollution Control, Building Auditorium, 7411 Park Place Boulevard, 
Houston; and February 26, 1992, 6 p.m. City of Arlington, Council Chambers, 101 
West Abram Street, Arlington.
Written comments not presented at the hearings may be submitted to the TACB 
central office in Austin through February 28, 1992. Material received by the 
Regulation Development Division by 4 p.m. on that date will be considered by the 
Board prior to any final action on the proposed revisions. Copies of the 
proposed revisions are available at the central office of the TACB located at 
12124 Park 35 Circle, Austin, Texas 78753, and at all TACB regional offices. For 
further information, contact Eddie Mack at (512) 908-1488.
The amendments are proposed under the Texas Clean Air Act (TCAA) sec.382.017, 
Texas Health and Safety Code (Vernon 1990), which provides TACB with the 
authority to adopt rules consistent with the policy and purposes of the TCAA.
sec.101.1. Definitions.  Unless specifically defined in the Act or in the rules 
of the board, the terms used by the board have the meanings commonly ascribed to 
them in the field of air pollution control. In addition to the terms which are 
defined by the Texas Clean Air Act, the following terms, when used in this 
chapter, shall have the following words and meanings, unless the context clearly 
indicates otherwise.
<nl>   Capture efficiency -The amount of volatile organic compounds (VOC) 
collected by a capture system which is expressed as a percentage derived from 
the weight per unit time of VOC entering a capture system and delivered to a 
control device divided by the weight per unit time of total VOC generated by a 
source of VOC.
<nl>   Capture system -All equipment (including, but not limited to, hoods, 
ducts, fans, booths, ovens, dryers, etc.) that contains, collects, and 
transports an air pollutant to a control device.
<nl>   Carbon adsorber -An add-on control device which uses activated carbon to 
adsorb volatile organic compounds from a gas stream.
<nl>   Carbon adsorption system-A carbon adsorber with an inlet and outlet for 
exhaust gases and a system to regenerate the saturated adsorbent.
<nl>   Coating-A material applied onto or impregnated into a substrate for 
protective, decorative, or functional purposes. Such materials include, but are 
not limited to paints, varnishes, sealants, adhesives, thinners, diluents, inks, 
maskants, and temporary protective coatings.
<nl>   Coating line-An operation consisting of a series of one or more coating 
application systems and including associated flashoff area(s) drying area(s), 
and oven(s) wherein a surface coating is applied, dried, or cured.
<nl>   Component-(as used in Chapter 115 of this title (relating to Fugitive 
Emission Control in Petroleum Refineries, sec.sec.115.322-115. 329 <ol> 
[sec.sec.115.251-115.255]; [and] Fugitive Emission Control in Synthetic Organic 
Chemical, Polymer, [and] Resin <nl>and Methyl Tert-Butyl Ether<ol> Manufacturing 
Processes, <nl>sec.sec.115.332-115.339 [sec.sec.115.271-115.275]; and Fugitive 
Emission Control in Natural Gas/Gasoline Processing Operations. sec.sec.115.342-
115.349<ol>))-A piece of equipment, including, but not limited to pumps, valves, 
compressors, and pressure relief valves<nl>,<ol> which has the potential to leak 
volatile organic compounds.
<nl>   Control device -Equipment (such as an incinerator or carbon adsorber) 
used to reduce by destruction or removal, the amount of air pollutant(s) in an 
air stream prior to discharge to the ambient air.
<nl>   Control system -A combination of one or more capture system(s) and 
control device(s) working in concert to reduce discharges of air pollutants to 
the ambient air.
 Exempt solvent -Those carbon compounds or mixtures of carbon compounds used as 
solvents which have been excluded from the definition of volatile organic 
<nl>compound<ol> [compounds] <nl>(VOC)<ol>.
 Leak-(as used in Chapter 115 of this title (relating to Fugitive Emission 
Control in Petroleum Refineries, <nl>sec.sec.115.322-115.329 <ol> 
[sec.sec.115.251-115.255]; [and] Fugitive Emission Control in Synthetic Organic 
Chemical, Polymer, [and] Resin <nl>and Methyl Tert-Butyl Ether<ol> Manufacturing 
Processes, <nl>sec.sec.115.332-115.339 <ol> [sec.sec.115.271-115.275]  <nl>; and 
Fugitive Emission Control in Natural Gas/Gasoline Processing Operations, 
sec.sec.115.342-115.349 <ol>))-A volatile organic compound concentration greater 
than 10,000 parts per million by volume (ppmv) or the dripping <nl>or exuding 
<ol> of process fluid <nl>based on sight, smell, or sound<ol> [having a true 
vapor pressure greater than 0.147 psia (1.013 kPa) at 68 degrees Fahrenheit (20 
degrees Celsius)].
 Pounds of  <nl>volatile organic compounds (VOC) <ol> [VOC] per gallon of 
coating (minus water <nl>and exempt<ol> solvents) -Basis for emission limits 
<nl>for<ol> [of most] surface coating processes.  <nl>Can be calculated by the 
following equation:
[graphic]
<p <ol>[It is calculated by starting with one gallon of coating which contains a 
volume percentage of solids plus a remaining VOC and water volume percentage. 
The water percentage is removed and the remainder of the gallon is recalculated 
to an equivalent gallon of VOC and solids. The resulting new volume percentage 
of VOC times its density yields pounds of VOC per gallon of coating (minus 
water) .]
<nl>   Pounds of volatile organic compounds (VOC) per gallon of solids-Basis for 
emission limits for surface coating process. Can be calculated by the following 
equation:
[graphic]
<nl>   Printing line-An operation consisting of a series of one or more printing 
processes and including associated drying areas.
 Vapor recovery system-Any control system that reduces volatile organic compound 
(VOC) emissions such that the aggregate <nl>true <ol> partial pressure of all 
VOC vapors will not exceed a level of 1.5 psia (10.3 kPa) or other emission 
limits specified in Chapter 115 of this title (relating to Volatile Organic 
Compounds).
 Volatile organic compound (VOC)-Any compound of carbon or mixture of carbon 
compounds excluding methane, ethane, 1,1,1,-trichloroethane (methyl chloroform), 
methylene chloride (dichloromethane), trichlorofluoromethane (CFC-11), 
dichlorodifluoromethane (CFC-12), chlorodifluoromethane (CFC-22), 
trifluoromethane (FC-23), trichlorotrifluoroethane (CFC-113), 
dichlorotetrafluoroethane (CFC-114), chloropentafluoroethane (CFC-115), 
<nl>dichlorotrifluoroethane (HCFC-123) tetrafluoroethane (HFC-134a) 
dichlorofluoroethane (HCFC-141b) chlorodifluoroethane (HCFC-142b),<ol> carbon 
monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and 
ammonium carbonate.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 17, 1992.
TRD-9200937
Lane Hartsock
Deputy Director, Air Quality Planning
Texas Air Control Board
Earliest possible date of adoption: May 15, 1992
For further information, please call: (512) 908-1451
       
Chapter 115. Control of Air Pollution from Volatile Organic Compounds
Subchapter A. Definitions
31 TAC sec.115.10
The Texas Air Control Board (TACB) proposes an amendment to sec.115.10, 
concerning definitions. The proposed changes have been developed in response to 
a requirement by the United States Environmental Protection Agency (EPA) to 
extend the controls that currently exist in certain ozone nonattainment areas to 
other previously-designated nonattainment areas. This program is referred to as 
"leveling the playing field." The proposed changes also have been developed in 
response to a requirement by EPA to extend controls that currently exist in 
certain ozone nonattainment areas to newly-designated, adjacent nonattainment 
counties. This program is referred to as the "perimeter county catch-ups."
The proposed changes to sec.115.10 add definitions for the Beaumont/Port Arthur, 
Dallas/Fort Worth, El Paso, and Houston/Galveston areas. These definitions are 
intended to clarify which counties are affected by the various undesignated 
heads within Regulation V. Additionally, clarifying language was added to the 
definition for delivery vessel/tank-truck tank.
Bennie Engelke, deputy director of administrative services, has determined that 
for the first five-year period the section is in effect there would be no fiscal 
implications for state or local governments. There are also no fiscal 
implications for facilities affected by the definitions.
Lane Hartsock, deputy director of air quality planning, has determined that for 
each year of the first five years the section is in effect the public benefit 
anticipated as a result of implementing the section will be rules which are more 
uniformly applicable in all Texas ozone nonattainment areas and satisfaction of 
EPA requirements. There will be no effect on small businesses.
Public hearings on this proposal are scheduled for the following times and 
places: February 24, 1992, 7 p.m., John Gray Institute, 8550 Florida Avenue, 
Beaumont; February 25, 1992, 7 p.m., City of El Paso, Council Chambers, Second 
Floor, 2 Civic Center Plaza, El Paso, February 25, 1992, 11 a.m., City of 
Houston, Pollution Control, Building Auditorium, 7411 Park Place Boulevard, 
Houston; and February 26, 1992, 6 p.m. City of Arlington, Council Chambers, 101 
West Abram Street, Arlington.
Written comments not presented at the hearings may be submitted to the TACB 
central office in Austin through February 28, 1992. Material received by the 
Regulation Development Division by 4 p.m. on that date will be considered by the 
Board prior to any final action on the proposed revisions. Copies of the 
proposed revisions are available at the central office of the TACB located at 
12124 Park 35 Circle, Austin, Texas 78753, and at all TACB regional offices. For 
further information, contact Eddie Mack at (512) 908-1488.
The amendments are proposed under the Texas Clean Air Act (TCAA) sec.382.017, 
Texas Health and Safety Code (Vernon 1990), which provides TACB with the 
authority to adopt rules consistent with the policy and purposes of the TCAA.
sec.115.10. Definitions.  Unless specifically defined in the Texas Clean Air Act 
(TCAA) or in the rules of the board, the terms used by the board have the 
meanings commonly ascribed to them in the field of air pollution control. In 
addition to the terms which are defined by the TCAA, the following words and 
terms, when used in this chapter, shall have the following meanings, unless the 
context clearly indicates otherwise.
<nl>   Beaumont/Port Arthur area-Hardin, Jefferson, and Orange Counties.
<nl>   Dallas/Fort Worth area-Collin, Dallas, Denton, and Tarrant Counties.
<nl>   El Paso area -El Paso County.
<nl>   Houston/Galveston area -Brazoria, Chambers, Fort Bend, Galveston, Harris, 
Liberty, Montgomery, and Waller Counties.
 Delivery vessel/tank-truck tank-Any tank-truck or trailer <nl>that is equipped 
with a storage tank<ol> having a capacity greater than 1, 000 gallons.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 17, 1992.
TRD-9200938
Lane Hartsock
Deputy Director, Air Quality Planning
Texas Air Control Board
Earliest possible date of adoption: May 15, 1992
For further information, please call: (512) 908-1451
       
Subchapter B. General Volatile Organic Compound Sources
Storage of Volatile Organic Compounds
31 TAC sec.sec.115.112-115.117, 115.19
The Texas Air Control Board (TACB) proposes amendments to sec.sec.115.112-115. 
117, and 115.119, concerning storage of volatile organic compounds. The proposed 
changes have been developed in response to a requirement by the United States 
Environmental Protection Agency (EPA) to extend the controls that currently 
exist in certain ozone nonattainment areas to other previously-designated 
nonattainment areas. This program is referred to as "leveling the playing field. 
" The proposed changes have also been developed in response to a requirement by 
EPA to extend controls that currently exist in certain ozone nonattainment areas 
to newly-designated, adjacent nonattainment counties. This program is referred 
to as the "perimeter county catch-ups." The revisions are also intended to 
remove potentially confusing cross-references and to otherwise improve clarity. 
Additionally, existing requirements for Gregg, Nueces, and Victoria Counties 
have been moved into a separate subsection in each section. However, no new 
requirements are intended for these three counties.
The proposed changes to sec.115.112, concerning control requirements; sec.115. 
113, concerning alternate control requirements; sec.115.114, concerning 
inspection requirements; sec.115.115, concerning testing requirements; 
sec.115.116, concerning recordkeeping requirements; and sec.115.117, concerning 
exemptions, expand by definition the applicability of the requirements and 
remove potentially confusing cross-references. The proposed changes to 
sec.115.112, concerning control requirements, also move the control efficiency 
requirement to a different subsection within this section in order to clarify 
the applicability of this requirement. The proposed changes to sec.115.119, 
concerning counties and compliance schedules, specify applicable perimeter 
counties, add a compliance date for the newly-affected counties, and remove 
obsolete paragraphs.
Bennie Engelke, deputy director of administrative services, has determined that 
for the first five-year period the sections are in effect there would be no 
fiscal implications for state or local governments. Economic costs to persons 
and businesses required to implement the proposed measures are associated with 
the expanded abatement, inspection, monitoring, and recordkeeping requirements 
and are estimated as follows: per facility control unit $50,000 for fiscal years 
1993-1996; per seal inspection $200 for fiscal years 1993-1996; and per volatile 
organic compound monitoring unit $15,000 for fiscal years 1993-1996.
Any costs continuing beyond 1996 would be continuing operating, inspection, 
maintenance, and recordkeeping requirements. All estimates are stated in 1992 
dollars with no adjustments for inflation and assume continuing costs equal to 
those incurred during 1992-1996.
Lane Hartsock, deputy director of air quality planning, has determined that for 
each year of the first five years the sections are in effect the public benefit 
anticipated as a result of implementing the sections will be rules which are 
more uniformly applicable in all Texas ozone nonattainment areas, and 
satisfaction of EPA requirements.
Public hearings on this proposal are scheduled for the following times and 
places: February 24, 1992, 7 p.m., John Gray Institute, 8550 Florida Avenue, 
Beaumont; February 25, 1992, 7 p.m., City of El Paso, Council Chambers, Second 
Floor, 2 Civic Center Plaza, El Paso, February 25, 1992, 11 a.m., City of 
Houston, Pollution Control, Building Auditorium, 7411 Park Place Boulevard, 
Houston; and February 26, 1992, 6 p.m. City of Arlington, Council Chambers, 101 
West Abram Street, Arlington.
Written comments not presented at the hearings may be submitted to the TACB 
central office in Austin through February 28, 1992. Material received by the 
Regulation Development Division by 4 p.m. on that date will be considered by the 
Board prior to any final action on the proposed revisions. Copies of the 
proposed revisions are available at the central office of the TACB located at 
12124 Park 35 Circle, Austin, Texas 78753, and at all TACB regional offices. For 
further information, contact Eddie Mack at (512) 908-1488.
The amendments are proposed under the Texas Clean Air Act (TCAA) sec.382.017, 
Texas Health and Safety Code (Vernon 1990), which provides TACB with the 
authority to adopt rules consistent with the policy and purposes of the TCAA.
sec.115.112. Control Requirements.
(a) For all persons in the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, 
and Houston/Galveston Areas as defined in sec.115.10 of this title (relating to 
Definitions)<ol> [counties referenced in sec.115.119(a) of this title (relating 
to Counties and Compliance Schedules)], the following requirements shall apply.
(1)-(2)  (No change.)
<nl>(3) Vapor recovery systems used as a control device on any stationary tank, 
reservoir, or other container shall maintain a minimum control efficiency of 
90%.
<nl>(b) For all persons in Gregg, Nueces, and Victoria Counties the following 
requirements shall apply.
<nl>(1) No person shall place, store, or hold in any stationary tank reservoir, 
or other container any volatile organic compound (VOC), unless such container is 
capable of maintaining working pressure sufficient at all times to prevent any 
vapor or gas loss to the atmosphere, or is equipped with at least the control 
device specified in paragraph (2)(B) of this subsection Table I(a) of this 
subsection for VOC other than crude oil and condensate, or paragraph (2) (B) of 
this subsection Table II(a) for crude oil and condensate.
<nl>(2)  For floating roof storage tanks subject to the provisions of paragraph 
(1) of this subsection, the following requirements shall apply.
<nl>(A)  All openings in an internal or external floating roof, except for 
automatic bleeder vents and rim space vents, must provide a protection below the 
liquid surface or be equipped with a cover, seal, or lid. Any cover, seal or lid 
must be in a closed (i.e., no visible gap) position at all times except when the 
device is in actual use.
<nl>(B) Automatic bleeder vents are to be closed at all times, except when the 
roof is floated off or landed on the roof leg supports.
 [graphic]
<nl>(C) Rim vents if provided, are to be set to open only when the roof is being 
floated off the roof leg supports or at the manufacturer's recommended setting.
<nl>(D) Any emergency roof drain must be provided with a slotted membrane fabric 
cover that covers at least 90% of the area of the opening.
<nl>(E) There shall be no visible holes, tears, or other openings in any seal or 
seal fabric.
<nl>(F) Secondary seals shall be the rim-mounted type (the seal shall be 
continuous from the floating roof to the tank wall). The accumulated area of 
gaps that exceed 1/8 inch (0.32 cm) in width between the secondary seal and tank 
wall shall be no greater than 1.0 in2 per foot (21 cm2/meter) of tank diameter.
<nl>(c)<ol> [(b)] For all persons in <nl>Aransas, Bexar, Calhoun, Hardin, 
Matagorda, Montgomery, San Patricio, and Travis Counties<ol> [the counties 
referenced in  s115.119(b) of this title (relating to Counties and Compliance 
Schedules)], the following requirements shall apply.
(1)-(2) (No change.)
(3) No person in Hardin, Matagorda, Montgomery, or San Patricio County shall 
place, store, or hold crude oil or condensate in any stationary tank, reservoir, 
or other container, unless such tank, reservoir, or other container is a 
pressure tank capable of maintaining working pressures sufficient at all times 
to prevent vapor or gas loss to the atmosphere or is equipped with one of the 
following vapor-loss control devices, properly maintained and operated:
(A) an internal floating cover or external floating roof as defined in 
<nl>sec.115.10 of this title<ol> [Subchapter A of this chapter] (relating to 
Definitions). This control equipment shall not be permitted if the VOC have a 
true vapor pressure of 11.0 psia (75.8 kPa) or greater. All tank-gauging and 
tank-sampling devices shall be vapor-tight, except when gauging or sampling is 
taking place; or
(B) a vapor recovery system as defined in <nl> s115.10 of this title<ol> 
[Subchapter A of this chapter (relating to definitions)].
[(c) Vapor recovery systems used as a control device on any stationary tank, 
reservoir, or other container shall maintain a minimum control efficiency of 
90%.]
sec.115.113. Alternate Control Requirements.
(a) For all persons in the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, 
and Houston/Galveston areas <ol> [counties referenced in sec.115.119(a) of this 
title (relating to Counties and Compliance Schedules)], alternate methods of 
demonstrating and documenting continuous compliance with the applicable control 
requirements or exemption criteria in this section may be approved by the 
executive director in accordance with sec.115.910 of this title (relating to 
Alternate Means of Control) if emission reductions are demonstrated to be 
substantially equivalent based on AP-42 emission factors (fourth Edition, 
September, 1985).
<nl>(b) For all persons in Gregg, Nueces, and Victoria Counties, alternate 
methods of demonstrating and documenting continuous compliance with the 
applicable control requirements or exemption criteria in this section may be 
approved by the executive director in accordance with sec.115.910 of this title 
if emission reductions are demonstrated to be substantially equivalent based on 
AP-42 emission factors (fourth Edition September 1985).
<nl>(c)<ol>[(b)] For all persons in <nl>Aransas, Bexar, Calhoun, Hardin, 
Matagorda, Montgomery, San Patricio, and Travis Counties<ol> [the counties 
referenced in  s115.119(b) of this title (relating to Counties and Compliance 
Schedules)], alternate methods of demonstrating and documenting continuous 
compliance with the applicable control requirements or exemption criteria in 
this section may be approved by the executive director in accordance with 
sec.115.910 of this title if emission reductions are demonstrated to be 
substantially equivalent based on AP-42 emission factors (fourth Edition, 
September, 1985).
sec.115.114. Inspection Requirements.
<nl>(a) For all persons in the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El 
Paso, and Houston/Galveston areas <ol> [counties referenced in sec.115.119(a) of 
this title (relating to Counties and Compliance Schedules)], all secondary seals 
used to comply with sec.115.112(a)(1) of this title (relating to Control 
Requirements) shall be inspected according to the following schedules by the 
owner, operator, or authorized representative to insure compliance with 
sec.115.112(a)(2)(E)-(F) of this title.
<nl>(1)-(3) (No change.)
<nl>(b) For all persons in Gregg, Nueces, and Victoria Counties, all secondary 
seals used to comply with sec.115.112(b)(1) of this title shall be inspected 
according to the following schedules by the owner, operator or authorized 
representative to insure compliance with sec.115.112(b)(2)(E)-(F) of this title.
<nl>(1)  If the primary seal is vapor-mounted, the secondary seal gap area shall 
be physically measured annually to insure compliance with sec.115.112(b)(2)(F) 
of this title.
<nl>(2) All secondary seals shall be visually inspected annually to insure 
compliance with sec.115.112(b)(2)(E)-(F).
sec.115.115. Testing Requirements.
<nl>(a) For the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas<ol> [counties referenced in sec.115.119(a) of this title 
(relating to Counties and Compliance Schedules)], compliance with sec.115.112(a) 
of this title (concerning Control Requirements) shall be determined by applying 
the following test methods, as appropriate:
(1)-(8) (No change.)
<nl>(b)  For Gregg, Nueces, and Victoria Counties, compliance with 
sec.115.112(b) of this title shall be determined by applying the following test 
methods, as appropriate:
<nl>(1) Test Methods 1-4 (40 Code of Federal Regulations 60, Appendix A) for 
determining flow rates, as necessary;
<nl>(2) Test Method 18 (40 Code of Federal Regulations 60, Appendix A) for 
determining gaseous organic compound emissions by gas chromatography;
<nl>(3) Test Method 22 (40 Code of Federal Regulations 60, Appendix A) for 
visual determination of fugitive emissions from material sources and smoke 
emissions from flares;
<nl>(4) Test Method 25 (40 Code of Federal Regulations 60, Appendix A) for 
determining total gaseous nonmethane organic emissions as carbon;
<nl>(5) Test Methods 25A or 25B (40 Code of Federal Regulations 60, Appendix A) 
for determining total gaseous organic concentrations using flame ionization or 
nondispersive infrared analysis;
<nl>(6)  test method described in 40 Code of Federal Regulations 60.113(a)(ii) 
for measurement of storage tank seal gap;
<nl>(7) determination of true vapor pressure using American Society for Testing 
and Materials Test Method D323-82 for the measurement of Reid vapor pressure, 
adjusted for actual storage temperature in accordance with API Publication 2517, 
Third Edition, 1989; or
<nl>(8) minor modifications to these test methods approved by the executive 
director.
sec.115.116. Recordkeeping Requirements.
<nl>(a) For all persons in the <nl>Beaumont/Port Arthur, Dallas/Fort Worth El 
Paso, and Houston/Galveston areas <ol> [counties referenced in sec.115.119(a) of 
this title (relating to Counties and Compliance Schedules)], the following 
recordkeeping requirements shall apply.
(1)-(3) (No change.)
(4) The results of any testing conducted in accordance with the provisions 
specified in sec.115. 115<nl>(a) <ol> of this title (relating to Testing 
Requirements) shall be maintained at an affected facility.
(5) (No change.)
<nl>(b)  For all persons in Gregg, Nueces, and Victoria Counties, the following 
recordkeeping requirements shall apply.
<nl>(1) The owner or operator of any storage vessel with an external floating 
roof which is exempted from the requirement for a secondary seal as specified in 
sec.115.117(b)(1), (6), and (7) of this title (relating to Exemptions) and used 
to store volatile organic compounds (VOC) with a true vapor pressure greater 
than 1.0 psia (6.9 kPa) shall maintain records of the type of VOC stored and the 
average monthly true vapor pressure of the stored liquid.
<nl>(2) The results of yearly inspections required by sec.115.114(b) of this 
title (relating to Inspection Requirements) shall be recorded each year.
<nl>(3) The results of any testing conducted in accordance with the provisions 
specified in sec.115.115(b) of this title shall be maintained at an affected 
facility.
<nl>(4) All records shall be maintained for two years and be made available for 
review upon request by authorized representatives of the Texas Air Control 
Board. United States Environmental Protection Agency, or local air pollution 
control agencies.
sec.115.117. Exemptions.
(a) For all persons in the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, 
and Houston/Galveston areas <ol> [counties referenced in sec.115.119(a) of this 
title (relating to Counties and Compliance Schedules)], the following exemptions 
apply.
(1) -(7) (No change.)
<nl>(b) For all persons in Gregg, Nueces, and Victoria Counties, the following 
exemptions apply.
<nl>(1) Any volatile organic compound (VOC) with a true vapor pressure less than 
1.5 psia (10.3 kPa) is exempt from the requirements of this undesignated head 
(relating to the Storage of Volatile Organic Compounds.
<nl>(2) Crude oil and condensate stored in tanks with a nominal capacity less 
than 210,000 gallons (794.850 liters). Prior to custody transfer, is exempt from 
the requirements of this undesignated head.
<nl>(3) Storage containers which have a capacity of less than 25,000 gallons 
(94.625 liters) located at motor vehicle fuel dispensing facilities are exempt 
from the requirements of this undesignated head.
<nl>(4) A welded tank with a metallic-type shoe primary seal which has a 
secondary seal from the top of the shoe seal to the tank wall (a shoe-mounted 
secondary seal) is exempt from the requirement for retrofitting with a rim-
mounted secondary seal if the shoe-mounted secondary seal was installed or 
scheduled for installation before August 22, 1980.
<nl>(5) External floating roof tanks storing waxy, high pour point crude oils 
are exempt from any secondary seal requirements of sec.115.112(b) of this title 
(relating to Control Requirements).
<nl>(6) Any welded tank storing VOC having a true vapor pressure less than 4 
psia (27.6 kPa) is exempt from any external secondary seal requirement if any of 
the following types of primary seals have been installed before August 22, 1980:
<nl>(A) a metallic-type shoe seal;
<nl>(B) a liquid-mounted foam seal: or
<nl>(C) a liquid-mounted liquid filled type seal.
<nl>(7) Any welded tank storing crude oil having a true vapor pressure equal to 
or greater than 4.0 psia (27.6 kPa) and less than 6.0 psia (41.4 kPa) is exempt 
from any external secondary seal requirement if any of the following types of 
primary seals have been installed before December 10, 1982:
<nl>(A) a metallic-type shoe seal;
<nl>(B) a liquid-mounted foam seal; or
<nl>(C) a liquid-mounted liquid filled type seal.
<nl>(c)<ol>[(b) ] For all persons in <nl>Aransas, Bexar, Calhoun, Hardin, 
Matagorda, Montgomery, San Patricio, and Travis Counties <ol>[the counties 
referenced in  s115.119(b) of this title (relating to Counties and Compliance 
Schedules)], the following exemptions apply.
(1) (No change.)
(2) Slotted sampling and gauge pipes installed in any floating roof storage tank 
are exempt from the provisions of sec.115.112<nl>(c)<ol>[(b)] of this title.
(3)  Storage tanks with nominal capacities between 1,000 gallons (3,785 liters) 
and 25,000 gallons (94,625 liters) are exempt from the requirements of sec.115. 
112<nl>(c) <ol>[(b)](1) of this title if construction began before May 12, 1973.
(4) Storage tanks with a nominal capacity of 420,000 gallons (1,589,700 liters) 
or less are exempt from the requirements of sec.115.112<nl>(c)<ol>[(b)] (3) of 
this title.
sec.115.119. Counties and Compliance Schedules.<nl> All affected persons in 
Chambers, Collin, Denton, Fort Bend, Hardin Liberty, Montgomery, and Waller 
Counties shall be in compliance with sec.115.112(a) of this title (relating to 
Control Requirements),  s115.113(a) of this title (relating to Alternate Control 
Requirements), sec.115.114(a) of this title (relating to Inspection 
Requirements), sec.115.115(a) of this title (relating to Testing Requirements),  
s115.116(a) of this title (relating to Recordkeeping Requirements), and 
sec.115.117(a) of this title (relating to Exemptions) as soon as practicable, 
but no later than July 31, 1993.
[(a) All affected persons in Brazoria, Dallas, El Paso, Galveston, Gregg, 
Harris, Jefferson, Nueces, Orange, Tarrant, and Victoria Counties shall be in 
compliance with this undesignated head (relating to Storage of Volatile Organic 
Compounds) in accordance with the following schedules.
[(1) All compliance schedules which have expired prior to January 1, 1991, in 
accordance with sec.115.930 of this title (relating to Compliance Dates).
[(2) All persons in Brazoria, Dallas, El Paso, Galveston, Harris, Jefferson, 
Orange, or Tarrant Counties affected by the provisions of sec.115.112(c) of this 
title (relating to Control Requirements), sec.115.114(3) of this title (relating 
to Inspection Requirements), and sec.115.116(3)(C) of this title (relating to 
Recordkeeping Requirements) shall be in compliance with these sections as soon 
as practicable, but no later than July 31, 1992.
[(b) All affected persons in Aransas, Bexar, Calhoun, Hardin, Matagorda, 
Montgomery, San Patricio, and Travis Counties shall be in compliance with this 
undesignated head (relating to Storage of Volatile Organic Compounds) in 
accordance with all compliance schedules which have expired prior to February 1, 
1990, in accordance with sec.115.930 of this title (relating to Compliance 
Dates).]
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 17, 1992.
TRD-9200939
Lane Hartsock
Deputy Director, Air Quality Planning
Texas Air Control Board
Proposed date of adoption: May 15, 1992
For further information, please call: (512) 908-1451
       
Vent Gas Control
31 TAC sec.sec.115.121-115.123, 115.125-115.127, 115.129
The Texas Air Control Board (TACB) proposes amendments to sec.sec.115.121-115. 
123, 115.125-115.127, and 115.129, concerning vent gas control. The proposed 
changes have been developed in response to a requirement by the United States 
Environmental Protection Agency (EPA) to extend the controls that currently 
exist in certain ozone nonattainment areas to other previously-designated 
nonattainment areas. This program is referred to as "leveling the playing field. 
" The proposed changes have also been developed in response to a requirement by 
EPA to extend controls that currently exist in certain ozone nonattainment areas 
to newly-designated, adjacent nonattainment counties. This program is referred 
to as the "perimeter county catch-ups." The revisions are also intended to 
remove potentially confusing cross-references and to otherwise improve clarity. 
Additionally, existing requirements for Nueces and Victoria Counties have been 
moved into a separate subsection in each section. However, no new requirements 
are intended for these two counties.
The proposed changes to sec.115.121, concerning emission specifications, expand 
by definition the applicability of current emission limitations for facilities 
in Dallas, Harris, and Tarrant Counties to include the additional counties, 
correct a reference to a previously-implemented requirement for liquid phase 
polypropylene manufacturing processes, and remove potentially confusing cross-
references. The proposed changes to sec.115.122, concerning control 
requirements, sec.115.123, concerning alternate control requirements and 
sec.115.125, concerning testing requirements, expand the applicability of 
current requirements to include the additional counties and remove potentially 
confusing cross-references. Proposed changes to sec.115.125 also correct a 
reference to a federal test method. The proposed changes to sec.115.127, 
concerning exemptions, extend the applicability of current exemption levels for 
facilities in Dallas, Harris, and Tarrant Counties to include the additional 
counties and remove potentially confusing cross-references. The proposed changes 
to sec.115.129, concerning counties and compliance schedules, specify applicable 
perimeter counties, add a compliance date for the new requirements and the 
additional counties, and remove obsolete paragraphs.
Bennie Engelke, deputy director of administrative services, has determined that 
for the first five-year period the sections are in effect there would be no 
fiscal implications for state or local governments. Economic costs to persons 
and businesses required to implement the proposed measures are associated with 
the expanded abatement, monitoring, and recordkeeping requirements and are 
estimated as follows: per facility control unit $50,000 for fiscal years 1993-
1996; per temperature monitoring unit $15,000 for fiscal years 1993-1996; and 
per volatile organic compound monitoring unit $15,000 for fiscal years 1993-
1996.
Any costs continuing beyond 1996 would be continuing operating, maintenance, and 
recordkeeping requirements. All estimates are stated in 1992 dollars with no 
adjustments for inflation and assume continuing costs equal to those incurred 
during 1992-1996.
Lane Hartsock, deputy director of air quality planning, has determined that for 
each year of the first five years sections are in effect the public benefit 
anticipated as a result of implementing the sections will be rules which are 
more uniformly applicable in all Texas ozone nonattainment areas, and 
satisfaction of EPA requirements.
Public hearings on this proposal are scheduled for the following times and 
places: February 24, 1992, 7 p.m., John Gray Institute, 8550 Florida Avenue, 
Beaumont; February 25, 1992, 7 p.m., City of El Paso, Council Chambers, Second 
Floor, 2 Civic Center Plaza, El Paso; February 25, 1992, 11 a.m., City of 
Houston, Pollution Control, Building Auditorium, 7411 Park Place Boulevard, 
Houston; and February 26, 1992, 6 p.m., City of Arlington, Council Chambers, 101 
West Abram Street, Arlington.
Written comments not presented at the hearings may be submitted to the TACB 
central office in Austin through February 28, 1992. Material received by the 
Regulation Development Division by 4 p.m. on that date will be considered by the 
board prior to any final action on the proposed revisions. Copies of the 
proposed revisions are available at the central office of be TACB located at 
12124 Park 35 Circle, Austin, Texas 78753, and at all TACB regional offices. For 
further information, contact Eddie Mack at (512) 908-1488.
The amendments are proposed under the Texas Clean Air Act (TCAA), sec.382.017, 
Texas Health Safety Code Annotated (Vernon 1990), which provides TACB with the 
authority to adopt rules consistent with the policy and purpose of the TCAA.
sec.115.121. Emission Specifications.
(a) For all persons in the <nl>Beaumont/Port Arthur, Dallas/ Fort Worth, El 
Paso, and Houston/Galveston areas as defined in  s115.10 of this title (relating 
to Definitions)<ol> [counties referenced in sec.115.129(a) of this title 
(relating to Counties and Compliance Schedules)], the following emission 
specifications shall apply.
(1) <nl>Until July 31, 1993, in Brazoria, El Paso, Galveston, Jefferson, and 
Orange Counties, no<ol> [No] person may allow a vent gas stream to be emitted 
from any process vent containing one or more of the following volatile organic 
compounds (VOC) or classes of VOC, unless the vent gas stream is burned properly 
in accordance with sec.115.122(a)(1) of this title (relating to Control 
Requirements):
(A)-(B) (No change.)
(C)  emissions of specified classes of VOC [shall be regulated under this 
section] , including aldehydes, alcohols, aromatics, ethers, olefins, peroxides, 
amines, acids, esters, ketones, sulfides, and branched chain hydrocarbons (C8 
and above).
(2) <nl>In Dallas, Harris, and Tarrant Counties, and after July 31, 1993, in 
counties other than Dallas, Harris, and Tarrant <ol> [Except for process vent 
gas streams affected by the provisions of paragraph (3) of this subsection], no 
person may allow a vent gas stream <nl>containing VOC<ol> to be emitted from any 
process vent [located in Dallas, Harris, and Tarrant Counties containing VOC], 
unless the vent gas stream is burned properly in accordance with 
sec.115.122(a)(1) of this title.
(3) <nl>In Harris County, and after July 31, 1993, in counties other than 
Harris, no<ol> [No] person may allow a vent gas stream to be emitted from any 
air oxidation synthetic organic chemical manufacturing process, any liquid phase 
<nl>polypropylene<ol> [polyethylene] manufacturing process, any liquid phase 
slurry high-density polyethylene manufacturing process, or any continuous 
polystyrene manufacturing process [located in Harris County], unless the vent 
gas stream is controlled to a VOC emission rate of no more than 20 parts per 
million or is burned properly in accordance with sec.115.122(a)(2) of this 
title.
<nl>(b) In Nueces and Victoria Counties, no person may allow a vent gas stream 
to be emitted from any process vent containing one or more of the following VOC 
or classes of VOC, unless the vent gas stream is burned properly in accordance 
with sec.115.122(b) (1) of this title:
<nl>(1) emissions of ethylene associated with the formation, handling, and 
storage of solidified low-density polyethylene;
<nl>(2) emissions of the following specific VOC: ethylene, butadiene, 
isobutylene, styrene, isoprene, propylene, methylstyrene; and
<nl>(3)  emissions of specified classes of VOC, including aldehydes, alcohols, 
aromatics, ethers, olefins, peroxides, amines, acids, esters, ketones, sulfides, 
and branched chain hydrocarbons (C8 and above).
<nl>(c)<ol>[(b)] For persons in <nl>Aransas, Bexar, Calhoun, Hardin, Matagorda, 
Montgomery, San Patricio, and Travis Counties<ol> [the counties referenced in 
sec.115.129(b) of this title (relating to Counties and Compliance Schedules)], 
the following emission specifications shall apply.
(1) No person may allow a vent gas stream to be emitted from any process vent 
containing one or more of the <nl>following VOC or classes of VOC, <ol> 
[specific VOC listed in subparagraphs (A) and (B) of this paragraph, or one or 
more compounds which are members of one or more of the classes of VOC listed in 
subparagraph (C) of this paragraph] unless the vent gas stream is burned 
properly in accordance with sec.115. 122<nl>(c)<ol>[(b)](1) of this title:
(A)-(C) (No change.)
(2)  No person may allow a vent gas stream to be emitted from any catalyst 
regeneration of a petroleum or chemical process system, basic oxygen furnace, or 
fluid coking unit into the atmosphere, unless the vent gas stream is properly 
burned in accordance with sec.115.122<nl>(c)<ol>[(b)](2) of this title.
(3)  No person may allow a vent gas stream to be emitted from any iron cupola 
into the atmosphere unless the vent gas stream is properly burned in accordance 
with sec.115.122 <nl>(c)<ol>[(b)](3) of this title.
(4) Vent gas streams from blast furnaces shall be burned properly in accordance 
with sec.115. 122<nl>(c) <ol>[(b)](4) of this title.
sec.115.122. Control Requirements.
(a) For all persons in the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, 
and Houston/Galveston areas <ol> [counties referenced in sec.115.129(a) of this 
title (relating to Counties and Compliance Schedules)], the following control 
requirements shall apply.
(1)-(3) (No change.)
<nl>(b) For all persons in Nueces and Victoria Counties, any vent gas streams 
affected by sec.115.121(b) of this title (relating to Emission Specifications) 
must be burned properly at a temperature equal to or greater than 1,300 degrees 
Fahrenheit (704 degrees Celsius in a smokeless flare or a direct-flame 
incinerator with a destruction efficiency of at least 90%.
<nl>(c)<ol>[(b)] <nl>For all persons in Aransas, Bexar, Calhoun, Hardin, 
Matagorda, Montgomery, San Patricio, and Travis Counties<ol> [the counties 
referenced in  s115.129(b) of this title (relating to Counties and Compliance 
Schedules)], the following control requirements shall apply.
(1) Any vent gas streams affected by sec.115.121 <nl>(c)<ol>[(b)](1) of this 
title must be burned properly at a temperature equal to or greater than 1,300 
degrees Fahrenheit (704 degrees Celsius in a smokeless flare or a direct-flame 
incinerator.
(2) Any vent gas streams affected by sec.115.121 <nl>(c)<ol>[(b)](2) of this 
title must be burned properly at a temperature equal to or greater than 1,300 
degrees Fahrenheit (704 degrees Celsius in a direct-flame incinerator or boiler.
(3) Any vent gas streams affected by sec.115.121 <nl>(c)<ol>[(b)](3) of this 
title must be burned properly at a temperature equal to or greater than 1,300 
degrees Fahrenheit (704 degrees Celsius) in an afterburner having a retention 
time of at least one-fourth of a second, and having a steady flame that is not 
affected by the cupola charge and relights automatically if extinguished.
(4)  Any vent gas streams affected by sec.115.121 <nl>(c)<ol>[(b)](4) of this 
title must be burned properly in a smokeless flare or in a combustion device 
used in a heating process associated with the operation of a blast furnace.
sec.115.123. Alternate Control Requirement.
(a) For all persons in the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, 
and Houston/Galveston areas <ol> [counties referenced in sec.115.129(a) of this 
title (relating to Counties and Compliance Schedules)], alternate methods of 
demonstrating and documenting continuous compliance with the applicable control 
requirements or exemption criteria in this section may be approved by the 
executive director in accordance with sec.115.910 of this title (relating to 
Alternate Means of Control) if emission reductions are demonstrated to be 
substantially equivalent. Direct-flame incineration specified for vent gas 
control in this undesignated head (relating to Vent Gas Control) is not intended 
as an exclusive emission control method for volatile organic compounds (VOC). In 
no event shall a vent gas stream be direct-flame incinerated without heat 
recovery if the incineration will have no practical effect in reducing the 
emission of air contaminants or will result in an actual degradation of air 
quality. Alternate vapor recovery systems which achieve the percent reduction 
efficiencies equivalent to direct-flame incinerators, as stated in sec.115. 122 
<nl>(a)<ol> of this title (relating to Control Requirements), do not require 
executive director approval.
<nl>(b) For all persons in Nueces and Victoria Counties, alternate methods of 
demonstrating and documenting continuous compliance with the applicable control 
requirements or exemption criteria in this section may be approved by the 
executive director in accordance with sec.115.910 of this title if emission 
reductions are demonstrated to be substantially equivalent. Direct-flame 
incineration specified for vent gas control in this undesignated head is not 
intended as an exclusive emission control method for VOC. In no event shall a 
vent gas stream be direct-flame incinerated without heat recovery if the 
incineration will have no practical effect in reducing the emission of air 
contaminants or will result in an actual degradation of air quality. Alternate 
vapor recovery systems which achieve the percent reduction efficiencies 
equivalent to direct-flame incinerators, as stated in sec.115.122(b) of this 
title, do not require executive director approval.
<nl>(c)<ol>[(b)] For all persons in <nl>Aransas, Bexar, Calhoun, Hardin, 
Matagorda, Montgomery, San Patricio, and Travis Counties <ol>[the counties 
referenced in  s115.129(b) of this title (relating to Counties and Compliance 
Schedules)], alternate methods of demonstrating and documenting continuous 
compliance with the applicable control requirements or exemption criteria in 
this section may be approved by the executive director in accordance with 
sec.115.910 of this title if emission reductions are demonstrated to be 
substantially equivalent. Direct-flame incineration specified for vent gas 
control in this undesignated head is not intended as an exclusive emission 
control method for VOC. In no event shall a vent gas stream be direct-flame 
incinerated without heat recovery if the incineration will have no practical 
effect in reducing the emission of air contaminants or will result in an actual 
degradation of air quality. Alternate vapor recovery systems which achieve the 
percent reduction efficiencies equivalent to direct-flame incinerators, as 
stated in sec.115.122(c) of this title, do not require executive director 
approval.
sec.115.125. Testing Requirements.
<nl>(a) For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston Areas <ol> [counties referenced in sec.115.129(a) of this 
title (relating to Counties and Compliance Schedules)], compliance with sec.115. 
121(a) of this title (relating to Emission Specifications) shall be determined 
by applying the following test methods, as appropriate:
(1) (No change.)
(2) additional test method requirements for flares described in 40 Code of 
Federal Regulations 60.18<nl>(f)<ol>[(F)];
(3)-(7) (No change. )
<nl>(b) For Nueces and Victoria Counties, compliance with sec.115.121(b) of this 
title shall be determined by applying the following test methods, as 
appropriate:
<nl>(1) Test Method 22 (40 Code of Federal Regulations 60, Appendix A) for 
visual determination of fugitive emissions from material sources and smoke 
emissions from flares;
<nl>(2) additional test method requirements for flares described in 40 Code of 
Federal Regulations 60.18(f);
<nl>(3)  Test Methods 1-4 (40 Code of Federal Regulations 60, Appendix A) for 
determining flow rate, as necessary;
<nl>(4) Test Method 18 (40 Code of Federal Regulations 60, Appendix A) for 
determining gaseous organic compound emissions by gas chromatography;
<nl>(5) Test Method 25 (40 Code of Federal Regulations 60, Appendix A) for 
determining total gaseous nonmethane organic emissions as carbon;
<nl>(6) Test Methods 25A or 25B (40 Code of Federal Regulations 60, Appendix A) 
for determining total gaseous organic concentrations using flame ionization or 
nondispersive infrared analysis; or
<nl>(7) minor modifications to these test methods approved by the executive 
director.
sec.115.126. Recordkeeping Requirements. <ol> For the <nl>Beaumont/Port Arthur, 
Dallas/Fort Worth, El Paso, and Houston/Galveston areas <ol> [counties 
referenced in sec.115.129(a)(2) of this title (relating to Counties and 
Compliance Schedules)], the owner or operator of any facility which emits 
volatile organic compounds (VOC) through a stationary vent shall maintain 
records at the facility for at least two years and shall make such records 
available to representatives of the Texas Air Control Board, United States 
Environmental Protection Agency, or local air pollution control agency having 
jurisdiction in the area, upon request. These records shall include, but not be 
limited to, the following.
(1)-(3) (No change.)
sec.115.127. Exemptions.
(a) For all persons in the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, 
and Houston/Galveston Areas <ol>[counties referenced in sec.115.129(a) of this 
title (relating to Counties and Compliance Schedules)], the following exemptions 
apply.
(1) (No change.)
(2) <nl>Until July 31, 1993, in Brazoria, El Paso, Galveston, Jefferson, and 
Orange Counties, the<ol> [The] following vent gas streams are exempt from the 
requirements of sec.115.121(a)(1) of this title (relating to Emission 
Specifications):
(A)-(B) (No change.)
(3) <nl>In Dallas, Harris, and Tarrant Counties, and after July 31, 1993, in 
counties other than Dallas, Harris, and Tarrant, the <ol>[The] following vent 
gas streams [in Dallas, Harris, and Tarrant Counties] are exempt from the 
requirements of sec.115.121(a)(2) of this title:
(A) (No change.)
(B) <nl>until July 31, 1993, in Harris County, <ol> a vent gas stream specified 
in sec.115.121(a)(2) of this title [and located in Harris County] with a 
concentration of volatile organic compound (VOC) less than 0.44 psia true 
partial pressure (30,000 ppm); and
(C) a vent gas stream specified in sec.115.121(a)(2) of this title [and located 
in Dallas or Tarrant Counties] with a concentration of VOC less than 0.009 psia 
true partial pressure (612 ppm).
(4) <nl>In Harris County, and after July 31, 1993, in counties other than 
Harris, the<ol> [The] following vent gas streams [in Harris County] are exempt 
from the requirements of sec.115.121(a)(3) of this title:
(A)-(B) (No change.)
<nl>(b) For all persons in Nueces and Victoria Counties, the following 
exemptions apply.
<nl>(1) A vent gas stream from a low-density polyethylene plant is exempt from 
the requirements of sec.115.121(b)(1) of this title if no more than 1.1 pounds 
of ethylene per 1,000 pounds (1.1 kg/1000 kg) of product are emitted from all 
the vent gas streams associated with the formation, handling, and storage of 
solidified product.
<nl>(2) The following vent gas streams are exempt from the requirements of 
sec.115.121(b)(1) of this title:
<nl>(A) a vent gas stream having a combined weight of the VOC or classes of 
compounds specified in sec.115.121(b)(1)(B)-(C) of this title equal to or less 
than 100 pounds (45.4 kg) in any continuous 24-hour period; and
<nl>(B) a vent gas stream with a concentration of the VOC or classes of 
compounds specified in sec.115.121(b)(1)(B)-(C) of this title less than 0.44 
psia true partial pressure (30,000 ppm).
<nl>(c)<ol>[(b)] For all persons in <nl>Aransas, Bexar, Calhoun, Hardin, 
Matagorda, Montgomery, San Patricio, and Travis Counties [the counties 
referenced in sec.115.129(b) of this title (relating to Counties and Compliance 
Schedules)], the following exemptions apply.
(1) A vent gas stream from a low-density polyethylene plant is exempt from the 
requirements of sec.115.121<nl>(c) <ol>[(b)](1) of this title if no more than 
1.1 pounds of ethylene per 1,000 pounds (1.1 kg/1000 kg) of product are emitted 
from all the vent gas streams associated with the formation, handling, and 
storage of solidified product.
(2) The following vent gas streams are exempt from the requirements of 
sec.115.121<nl>(c)<ol>[(b)](1) of this title:
(A) a vent gas stream having a combined weight of the VOC or classes of 
compounds specified in sec.115.121<nl>(c) <ol>[(b)](1)(B)-(C) of this title 
equal to or less than 100 pounds (45.4 kg) in any continuous 24-hour period;
(B) a vent gas stream having a concentration of the VOC specified in 
sec.115.121<nl>(c)<ol>[(b)](1)(B)-(C) of this title less than 0.44 psia true 
partial pressure (3.0 kPa); and
(C) a vent gas stream from any process referenced in 
sec.115.121<nl>(c)<ol>[(b)](2) of this title less than or equal five tons (4,536 
kg) of total uncontrolled VOC in any one calendar year.
sec.115.129. Counties and Compliance Schedules.
[(a)] All affected persons in <nl>the Beaumont/Port Arthur, Dallas/Fort Worth, 
El Paso, and Houston/Galveston Areas <ol> [Brazoria, Dallas, El Paso, Galveston, 
Harris, Jefferson, Nueces, Orange, Tarrant, and Victoria Counties] shall be in 
compliance with this undesignated head (relating to Vent Gas Control) in 
accordance with the following schedules.
<nl>(1) All affected persons in Chambers, Collin, Denton, Fort Bend, Hardin, 
Liberty, Montgomery, and Waller Counties shall be in compliance with 
sec.115.121(a) of this title (relating to Emission Specifications) 
sec.115.122(a) of this title (relating to Control Requirements), sec.115.123(a) 
of this title (relating to Alternate Control Requirements), sec.115.125(a) of 
this title (relating to Testing Requirements), sec.115.126 of this title 
(relating to Recordkeeping Requirements), and sec.115. 127(a) of this title 
(relating to Exemptions) as soon as practicable, but no later than July 31, 
1993.
[(1) All affected persons shall be in compliance with all compliance schedules 
which have expired prior to January 1, 1991, in accordance with sec.115.930 of 
this title (relating to Compliance Dates). ]
<nl>(2) All persons in Brazoria, El Paso, Galveston, Jefferson and Orange 
Counties affected by the provisions of sec.115.121(a)(2) and (3) of this title 
and  s115.127(a)(3) of this title shall be in compliance with these sections as 
soon as practicable but no later than July 31, 1993.
[(2) All persons in Brazoria, Dallas, El Paso, Galveston, Harris, Jefferson, 
Orange, and Tarrant Counties affected by the provisions of sec.115. 126(1)(B) 
and (C) of this title shall be in compliance with these sections as soon as 
practicable, but no later than July 31, 1992.]
<nl>(3) All persons in Harris County affected by the provisions of 
sec.115.127(a)(3)(C) of this title shall be in compliance with this section as 
soon as practicable. but no later than July 31, 1993.
[(3)  All persons in Harris County affected by the provisions of 
sec.115.126(1)(A) -(C) of this title (relating to Recordkeeping Requirements) 
for facilities required to comply with sec.115.121(a)(3) of this title (relating 
to Emission Specifications) shall be in compliance with these sections as soon 
as practicable, but no later than July 31, 1992.]
[(b) All affected persons in Aransas, Bexar, Calhoun, Hardin, Matagorda, 
Montgomery, San Patricio, and Travis Counties shall be in compliance with this 
undesignated head in accordance with all compliance schedules which have expired 
prior to February 1, 1990, in accordance with sec.115.930 of this title 
(relating to Compliance Dates). ]
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 17, 1992.
TRD-9200940
Lane Hartsock
Deputy Director, Air Quality Planning
Texas Air Control Board
Earliest possible date of adoption: May 15, 1992
For further information, please call: (512) 908-1451
       
Water Separation
31 TAC sec.sec.115.131-115.133, 115.135-115.137, 115.139
The Texas Air Control Board (TACB) proposes amendments to sec.sec.115.131-115. 
133, 115.135-115.137, and 115.139, concerning water separation. The proposed 
changes have been developed in response to a requirement by the United States 
Environmental Protection Agency (EPA) to extend the controls that currently 
exist in certain ozone nonattainment areas to other previously-designated 
nonattainment areas. This program is referred to as "leveling the playing field. 
" The proposed changes have also been developed in response to a requirement by 
EPA to extend controls that currently exist in certain ozone nonattainment areas 
to newly-designated, adjacent nonattainment counties. This program is referred 
to as the "perimeter county catch-ups." The revisions are also intended to 
remove potentially confusing cross-references and to otherwise improve clarity. 
Additionally, existing requirements for Gregg, Nueces, and Victoria Counties 
have been moved into a separate subsection in each section. However, no new 
requirements are intended for these three counties.
The proposed changes to sec.115.131, concerning emission specifications, expand 
by definition the applicability of emission limits currently in effect in Dallas 
and Tarrant Counties to include the additional counties and remove potentially 
confusing crossreferences. The proposed changes to sec.115.132, concerning 
control requirements; sec.115.133, concerning alternate control requirements; 
sec.115.135, concerning testing requirements; sec.115.136, concerning 
recordkeeping requirements; and  s115.137, concerning exemptions, expand the 
applicability of the requirements and remove potentially confusing cross-
references. The proposed changes to sec.115.136 also add requirements that 
records of control equipment maintenance be kept and that all records be 
maintained for at least two years. Additionally, the proposed changes to 
sec.115. 137 expand the applicability of the current requirements for facilities 
in Dallas and Tarrant Counties by eliminating the exemptions for facilities used 
exclusively in conjunction with the production of crude oil and condensate or 
which separate less than 200 gallons per day of materials and by changing the 
exemption level from a true volatile organic compounds (VOC) vapor pressure of 
less than 1.5 psia to less than 0.5 psia. The proposed changes to sec.115.139, 
concerning counties and compliance schedules, specify applicable perimeter 
counties, add a compliance date for the new requirements and the additional 
counties, and remove obsolete paragraphs.
Bennie Engelke, deputy director of administrative services, has determined that 
for the first five-year period the sections are in effect there would be no 
fiscal implications for state or local governments. Economic costs to persons 
and businesses required to implement the proposed measures are associated with 
the expanded abatement, monitoring, and recordkeeping requirements and are 
estimated as follows: per facility control unit $50,000 for fiscal years 1993-
1996; and per volatile organic compound monitoring unit $15,000 for fiscal years 
1993-1996.
Any costs continuing beyond 1996 would be continuing operating, maintenance, and 
recordkeeping requirements. All estimates are stated in 1992 dollars with no 
adjustments for inflation and assume continuing costs equal to those incurred 
during 1992-1996.
Lane Hartsock, deputy director of air quality planning, has determined that for 
each year of the first five years the sections are in effect the public benefit 
anticipated as a result of implementing the sections will be rules which are 
more uniformly applicable in all Texas ozone nonattainment areas, and 
satisfaction of EPA requirements.
Public hearings on this proposal are scheduled for the following times and 
places: February 24, 1992, 7 p.m., John Gray Institute, 8550 Florida Avenue, 
Beaumont; February 25, 1992, 7 p.m., City of El Paso, Council Chambers, Second 
Floor, 2 Civic Center Plaza, El Paso; February 25, 1992, 11 a.m., City of 
Houston, Pollution Control, Building Auditorium, 7411 Park Place Boulevard, 
Houston; and February 26, 1992, 6 p.m. City of Arlington, Council Chambers, 101 
West Abram Street, Arlington.
Written comments not presented at the hearings may be submitted to the TACB 
central office in Austin through February 28, 1992. Material received by the 
Regulation Development Division by 4 p.m. on that date will be considered by the 
Board prior to any final action on the proposed revisions. Copies of the 
proposed revisions are available at the central office of the TACB located at 
12124 Park 35 Circle, Austin, Texas 78753, and at all TACB regional offices. For 
further information, contact Eddie Mack at (512) 908-1488.
The amendments are proposed under the Texas Clean Air Act (TCAA) sec.382.017, 
Texas Health and Safety Code (Vernon 1990), which provides TACB with the 
authority to adopt rules consistent with the policy and purposes of the TCAA.
sec.115.131 Emission Specifications.
(a) For all persons in the<nl> Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, 
and Houston/Galveston Areas as defined in 115.10 of this title (relating to 
Definitions)<ol> [counties referenced in sec.115.139(a) of this title (relating 
to Counties and Compliance Schedules)], any volatile organic compound (VOC) 
water separator equipped with a vapor recovery system in order to comply with 
sec.115.132a) of this title (relating to Control Requirements) shall reduce 
emissions such that the VOC in vent gases to the atmosphere will not exceed:
(1) (No change. )
(2) a true partial pressure of 1.5 psia (10.3 Kpa) at facilities other than 
petroleum refineries <nl>until July 31, 1993, in Brazoria, El Paso, Galveston, 
Harris, Jefferson, and Orange Counties <ol> [, except as required by paragraph 
(3) of this subsection];
(3) [for the counties referenced in sec.115.139(a)(2) of this title (relating to 
Counties and Compliance Schedules),] a true partial pressure of 0.5 psia (3.4 
kPa) at <nl>any facility in Dallas and Tarrant Counties;<ol> or [facilities 
other than petroleum refineries.]
<nl>(4) a true partial pressure of 0.5 psia (3.4 kPa) at facilities other than 
petroleum refineries after July 31, 1993, in counties other than Dallas and 
Tarrant.
<nl>(b)  For all persons in Gregg, Nueces, and Victoria Counties, any VOC water 
separator equipped with a vapor recovery system in order to comply with sec.115. 
132(b) of this title shall reduce emissions such that the partial pressure of 
the VOC in vent gases to the atmosphere will not exceed a level of 1.5 psia (10. 
3 kPa).
<nl>(c)<ol>[(b)] For all persons in <nl>Aransas, Bexar, Calhoun, Hardin, 
Matagorda, Montgomery, San Patricio, and Travis Counties<ol> [the counties 
referenced in  s115.139(b) of this title (relating to Counties and Compliance 
Schedules)], any VOC water separator equipped with a vapor recovery system in 
order to comply with sec.115.132<nl>(c)<ol>[(b)] of this title shall reduce 
emissions such that the true partial pressure of the VOC in vent gases to the 
atmosphere will not exceed a level of 1.5 psia (10.3 kPa).
sec.115.132. Control Requirements.
(a) For the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston Areas<ol> [counties referenced in  s115.139(a) of this title 
(relating to Counties and Compliance Schedules)], no person shall use any single 
or multiple compartment volatile organic compound (VOC) water separator [, 
except for facilities other than petroleum refineries in Gregg County,] which 
separates materials containing VOC obtained from any equipment which is 
processing, refining, treating, storing, or handling VOC, unless each 
compartment is controlled in one of the following ways:
(1)-(4) (No change.)
<nl>(b) For Gregg, Nueces, and Victoria Counties, no person shall use any single 
or multiple compartment VOC water separator which separates materials containing 
VOC obtained from any equipment which is processing, refining, treating, 
storing, or handling VOC unless each compartment is controlled in one of the 
following ways:
<nl>(1) the compartment has all openings sealed and totally encloses the liquid 
contents. All gauging and sampling devices shall be vapor-tight except during 
gauging or sampling;
<nl>(2) the compartment is equipped with a floating roof or internal floating 
cover which will rest on the surface of the contents and be equipped with a 
closure seal or seals to close the space between the roof or cover edge and tank 
wall. All gauging and sampling devices shall be vapor-tight, except during 
gauging or sampling; or
<nl>(3) the compartment is equipped with a vapor recovery system which satisfies 
the provisions of sec.115.131(b) of this title (relating to Emission 
Specifications).
<nl>(c)<ol>[(b)] For  <nl>Aransas, Bexar, Calhoun, Hardin, Matagorda, 
Montgomery, San Patricio, and Travis Counties<ol> [the counties referenced in 
sec.115.139(b) of this title (relating to Counties and Compliance Schedules)], 
no person shall use any single or multiple compartment VOC water separator which 
separates materials containing VOC obtained from any equipment which is 
processing, refining, treating, storing, or handling VOC, unless each 
compartment is controlled in one of the following ways:
(1)-(2) (No change.)
(3) the compartment is equipped with a vapor recovery system which satisfies the 
provisions of sec.115.131<nl>(c) <ol>[(b)] of this title.
sec.115.133. Alternate Control Requirements.
(a) For all persons in the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, 
and Houston/Galveston Areas <ol> [counties referenced in sec.115.139(a) of this 
title (relating to Counties and Compliance Schedules)], alternate methods of 
demonstrating and documenting continuous compliance with the applicable control 
requirements or exemption criteria in this section may be approved by the 
executive director in accordance with sec.115.910 of this title (relating to 
Alternate Means of Control) if emission reductions are demonstrated to be 
substantially equivalent.
<nl>(b) For all persons in Gregg, Nueces, and Victoria Counties, alternate 
methods of demonstrating and documenting continuous compliance with the 
applicable control requirements or exemption criteria in this section may be 
approved by the executive director in accordance with sec.115.910 of this title 
(relating to Alternate Means of Control) if emission reductions are demonstrated 
to be substantially equivalent.
<nl>(c)<ol>[(b)] For all persons in <nl>Aransas, Bexar, Calhoun, Hardin, 
Matagorda, Montgomery, San Patricio, and Travis Counties<ol> [the counties 
referenced in  s115.139(b) of this title (relating to Counties and Compliance 
Schedules)], alternate methods of demonstrating and documenting continuous 
compliance with the applicable control requirements or exemption criteria in 
this section may be approved by the executive director in accordance with 
sec.115.910 of this title if emission reductions are demonstrated to be 
substantially equivalent.
sec.115.135. Testing Requirement.
<nl>(a) For the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Harris/Galveston Areas<ol> [counties referenced in sec.115.139(a) of this title 
(relating to Counties and Compliance Schedules)], compliance with sec.115.132(a) 
of this title (relating to Control Requirements) shall be determined by applying 
the following test methods, as appropriate:
(1)-(6) (No change.)
<nl>(b)  For Gregg, Nueces, and Victoria Counties, compliance with 
sec.115.132(b) shall be determined by applying the following test methods as 
appropriate:
<nl>(1) Test Methods 1-4 (40 Code of Federal Regulations 60 Appendix A) for 
determining flow rate as necessary;
<nl>(2) Test Method 18 (40 Code of Federal Regulations 60 Appendix A) for 
determining gaseous organic compound emissions by gas chromatography;
<nl>(3) Test Method 25 (40 Code of Federal Regulations 60 Appendix A) for 
determining total gaseous nonmethane organic emissions as carbon;
<nl>(4) Test Methods 25A or 25B (40 Code of Federal Regulations 60 Appendix A) 
for determining total gaseous organic concentrations using flame ionization or 
nondispersive infrared analysis;
<nl>(5) determination of true vapor pressure using ASTM Test Method D323-82 for 
the measurement of Reid vapor pressure adjusted for actual storage temperature 
in accordance with API Publication 2517, Third Edition, 1989; or
<nl>(6) minor modifications to these test methods approved by the executive 
director.
sec.115.136. Recordkeeping Requirements.
<nl>(a) For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston Areas, the following recordkeeping requirements shall apply.
<nl>(1)  [For the counties referenced in  s115.139(a) of this title (relating to 
Counties and Compliance Schedules), any]  <nl>Any<ol> person who operates a 
single or multiple compartment volatile organic compound <nl>(VOC)<ol> water 
separator without the controls specified in sec.115.132(a) of this title 
(relating to Control Requirements) shall maintain complete and up-to-date 
records sufficient to demonstrate continuous compliance with the applicable 
exemption criteria including, but not limited to, the names and true vapor 
pressures of all such materials stored, processed, or handled at the affected 
property, and any other necessary operational information. [Affected persons 
shall also continuously monitor exhaust gas temperature immediately downstream 
of a direct-flame incinerator, temperatures upstream and downstream a of 
catalytic incinerator or chiller, and the exhaust gas concentration of any 
carbon adsorption system to determine breakthrough.]
<nl>(2) Affected persons shall install and maintain monitors to continuously 
measure and record operational parameters of any emission control device 
installed to meet applicable control requirements. Such records must be 
sufficient to demonstrate proper functioning of those devices to design 
specifications including:
<nl>(A) the exhaust gas temperature immediately downstream of any direct-flame 
incinerator;
<nl>(B) the gas temperature immediately upstream and downstream of any catalytic 
incinerator or chiller;
<nl>(C) the VOC concentration of any carbon adsorption system exhaust gas to 
determine if breakthrough has occurred; and
<nl>(D) the dates and reasons for any maintenance and repair of the required 
control devices and the estimated quantity and duration of VOC emissions during 
such activities.
<nl>(3) Affected persons shall maintain the results of any testing conducted in 
accordance with the provisions specified in sec.115.135(a) of this title 
(relating to Testing Requirements).
<nl>(4) All records shall be maintained at the affected facility for at least 
two years and be made available upon request to representatives of the Texas Air 
Control Board, United States Environmental Protection Agency, or any local air 
pollution control agency having jurisdiction in the area.
<nl>(b) For Gregg, Nueces, and Victoria Counties, any person who operates a 
single or multiple compartment VOC water separator without the controls 
specified in sec.115.132(b) of this title shall maintain complete and up-to-date 
records sufficient to demonstrate continuous compliance with the applicable 
exemption criteria including, but not limited to, the names and true vapor 
pressures of all such materials stored processed, or handled at the affected 
property, and any other necessary operational information.
sec.115.137. Exemptions.
(a) For the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston Areas<ol> [counties referenced in  s115.139(a) of this title 
(relating to Counties and Compliance Schedules)], the following exemptions shall 
apply.
(1) <nl>Until July 31, 1993, in Brazoria, El Paso, Galveston, Harris, Jefferson, 
and Orange Counties, volatile <ol> [Volatile] organic compound (VOC) water 
separators used exclusively in conjunction with the production of crude oil or 
condensate are exempt from sec.115.132(a) of this title (relating to Control 
Requirements).
(2) Until July 31, 1993, in Brazoria, El Paso, Galveston, Harris, Jefferson, and 
Orange Counties, any<ol> [Any] single or multiple compartment VOC water 
separator which separates less than 200 gallons (757 liters) a day of materials 
containing VOC obtained from any equipment is exempt from sec.115.132(a) of this 
title.
(3) <nl>Until July 31, 1993, in Brazoria, El Paso, Galveston, Harris, Jefferson, 
and Orange Counties, any single or multiple compartment VOC water separator 
which separates materials having a true vapor pressure of VOC less than 1.5 Psia 
(10.3 kPa) obtained from any equipment in a facility other than a petroleum 
refinery is exempt from sec.115.132(a) of this title. <ol>[Paragraphs (1) and 
(2) of this section shall no longer be applicable in Dallas and Tarrant Counties 
as of the date specified in sec.115.139(a)(3) of this title (relating to 
Counties and Compliance Schedules).]
(4) Any single or multiple compartment VOC water separator which separates 
materials having a true vapor pressure of VOC less than <nl>0.5 Psia (3.4 
kPa)<ol> [1.5 psia (10.3 kPa)] obtained from any equipment [in a facility other 
than a petroleum refinery] is exempt from sec.115.132(a) of this title.
[(5) Any single or multiple compartment VOC water separator, located in Dallas 
or Tarrant Counties, which separates materials having a true vapor pressure of 
VOC less that 0.5 psia (3.4 kPa) obtained from any equipment in a facility other 
than a petroleum refinery are exempt from sec.115.132(a) of this title (relating 
to Control Requirements).]
[(6) Any single or multiple compartment VOC water separator which separates 
materials having a true vapor pressure of VOC less than 0.5 psia (3.4 kPa) 
obtained from any equipment in a petroleum refinery are exempt from 
sec.115.132(a) of this title (relating to Control Requirements).]
<nl>(b) For Gregg, Nueces, and Victoria Counties, the following exemptions shall 
apply.
<nl>(1) VOC water separators used exclusively in conjunction with the production 
of crude oil or condensate are exempt from sec.115.132(b) of this title.
<nl>(2) Any single or multiple compartment VOC water separator which separates 
less than 200 gallons (757 liters) a day of materials containing VOC obtained 
from any equipment is exempt from sec.115.132(b) of this title.
<nl>(3) Any single or multiple compartment VOC water separator which separates 
materials having a true vapor pressure of VOC less than 1.5 psia (10.3 kPa) 
obtained from any equipment is exempt from sec.115.132(b) of this title.
<nl>(4) In Gregg County, any single or multiple compartment VOC water separator 
which separates materials obtained from any equipment in a facility other than a 
petroleum refinery is exempt from sec.115.132(b) of this title.
<nl>(c) [(b)] For  <nl>Aransas, Bexar, Calhoun, Hardin, Matagorda, Montgomery, 
San Patricio, and Travis Counties<ol> [the counties referenced in sec.115.139(b) 
of this title (relating to Counties and Compliance Schedules)], the following 
exemptions shall apply.
(1) VOC water separators used exclusively in conjunction with the production of 
crude oil or condensate are exempt from sec.115.132<nl>(c)<ol>[(b)] of this 
title.
(2) Any single or multiple compartment VOC water separator which separates less 
than 200 gallons (757 liters) a day of materials containing VOC obtained from 
any equipment is exempt from  s115.132<nl>(c)<ol>[(b)] of this title.
(3) Any single or multiple compartment VOC water separator which separates 
materials having a true vapor pressure of VOC less than 1.5 psia (10.3 kPa) 
obtained from any equipment is exempt from sec.115.132<nl>(c)<ol>[(b)] of this 
title.
sec.115.139. Counties and Compliance Schedules.
[(a)] All affected persons in <nl>the Beaumont/Port Arthur, Dallas/Fort Worth, 
El Paso, and Houston/Galveston Areas <ol> [Brazoria, Dallas, El Paso, Galveston, 
Gregg, Harris, Jefferson, Nueces, Orange, Tarrant, and Victoria Counties] shall 
be in compliance with this undesignated head (relating to Water Separation) in 
accordance with the following schedules.
<nl>(1) All affected persons in Chambers, Collin, Denton, Fort Bend, Hardin, 
Liberty, Montgomery, and Waller Counties shall be in compliance with 
sec.115.131(a) of this title (relating to Emission Specifications), 
sec.115.132(a) of this title (relating to Control Requirements), sec.115.133(a) 
of this title (relating to Alternate Control Requirements), sec.115.135(a) of 
this title (relating to Testing Requirements), sec.115.136(a) of this title 
(relating to Recordkeeping Requirements), and sec.115.137(a) of this title 
(relating to Exemptions) as soon as practicable, but no later than July 31, 
1993.
<nl>(2) All persons in Brazoria, El Paso, Galveston, Harris, Jefferson, and 
Orange Counties affected by sec.115. 131(a)(4) of this title and 
sec.115.137(a)(1)-(3) of this title shall be in compliance as soon as 
practicable, but no later than July 31, 1993.
[(1) All compliance schedules which have expired prior to January 1, 1991, in 
accordance with sec.115.930 of this title (relating to Compliance Dates).]
[(2) All persons in Brazoria, Dallas, El Paso, Galveston, Harris, Jefferson, 
Orange, and Tarrant Counties shall be in compliance with the continuous 
monitoring requirements to determine carbon adsorption system breakthrough and 
to measure temperatures at direct-flame and catalytic incinerators or chillers 
contained in sec.115.136 of this title, as soon as practicable, but no later 
than July 31, 1992.]
[(b) All affected persons in Aransas, Bexar, Calhoun, Hardin, Matagorda, 
Montgomery, San Patricio, and Travis Counties shall be in compliance with this 
undesignated head (relating to Water Separation) in accordance with all 
compliance schedules which have expired prior to February 1, 1990, in accordance 
with sec.115.930 of this title (relating to Compliance Dates).]
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 17, 1992.
TRD-9200941
Lane Hartsock
Deputy Director, Air Quality Planning
Texas Air Control Board
Proposed date of adoption: May 15, 1992
For further information, please call: (512) 908-1451
       
Subchapter C. Volatile Organic Compound Marketing Operations
Loading and Unloading of Volatile Organic Compounds
31 TAC sec.sec.115.211-115.219
The Texas Air Control Board (TACB) proposes amendments to sec.sec.115.211-115. 
219, concerning loading and unloading of volatile organic compounds. The 
proposed changes have been developed in response to a requirement by the United 
States Environmental Protection Agency (EPA) to extend the controls that 
currently exist in certain ozone non-attainment areas to other previously-
designated non-attainment areas. This program is referred to as "leveling the 
playing field." The proposed changes have also been developed in response to a 
requirement by EPA to extend controls that currently exist in certain ozone 
nonattainment areas to newly-designated, adjacent nonattainment counties. This 
program is referred to as the "perimeter county catch-ups." The revisions are 
also intended to remove potentially confusing cross-references and to otherwise 
improve clarity. Additionally, existing requirements for Gregg, Nueces, and 
Victoria Counties have been moved into a separate subsection in each section. 
However, no new requirements are intended for these three counties.
The proposed changes to sec.115.211, concerning emission specifications, expand 
by definition the applicability of current emission limitations for gasoline 
bulk plants in Harris County and for gasoline terminals in Dallas, Harris, and 
Tarrant Counties to include the additional counties and remove potentially 
confusing cross-references. The proposed changes to sec.115.212, concerning 
control requirements, expand the applicability of current requirements for 
gasoline bulk plants in Dallas, El Paso, Harris, and Tarrant Counties to include 
the additional counties and remove potentially confusing cross-references. The 
proposed changes to sec.115.213, concerning alternate control requirements, and 
sec.115.215, concerning testing requirements, expand the applicability of the 
requirements and remove potentially confusing cross-references. The proposed 
changes to sec.115.214, concerning inspection requirements, and sec.115.216, 
concerning recordkeeping requirements, expand the applicability of gasoline 
tank-truck leak test requirements and gasoline bulk plant recordkeeping 
requirements currently in effect in Dallas, El Paso, Harris, and Tarrant 
Counties to include the additional counties and remove potentially confusing 
cross-references. The proposed changes to sec.115.217, concerning exemptions, 
remove the exemption for gasoline terminals in Dallas, Harris, and Tarrant 
Counties and remove potentially confusing cross-references. The proposed changes 
to sec.115.219, concerning counties and compliance schedules, specify applicable 
perimeter counties, add a compliance date for the new requirements and the 
additional counties, and remove obsolete paragraphs.
Bennie Engelke, deputy director of administrative services, has determined that 
for the first five-year period the proposed sections are in effect, there would 
be no fiscal implications for state and local governments. Economic costs to 
individuals and businesses required to implement the proposed measures are 
associated with the expanded abatement, monitoring, and recordkeeping 
requirements and are estimated as follows: Per Facility Control Unit-$50,000 in 
1993-1996; Per Volatile Organic Compound Monitoring Unit-$15,000 in 1993-1996.
Any costs continuing beyond 1996 would be continuing annual operating, 
maintenance, and recordkeeping requirements. All estimates are stated in 1992 
dollars with no adjustments for inflation and assume continuing costs equal to 
those incurred during 1992-1996.
Lane Hartsock, deputy director of air quality planning, has determined that for 
the first five-year period the proposed sections are in effect, the public 
benefit anticipated as a result of implementing the sections will be rules which 
are more uniformly applicable in all Texas ozone nonattainment areas, and 
satisfaction of EPA requirements.
Public hearings on this proposal are scheduled for the following times and 
places: February 24, 1992, 7 p.m., John Gray Institute, 8550 Florida Avenue, 
Beaumont; February 25, 1992, 7 p.m., City of El Paso, Council Chambers, Second 
Floor, 2 Civic Center Plaza, El Paso; February 25, 1992, 11 a.m., City of 
Houston, Pollution Control Building Auditorium, 7411 Park Place Boulevard, 
Houston; and February 26, 1992, 6 p.m., City of Arlington, Council Chambers, 101 
West Abram Street, Arlington.
Written comments not presented at the hearings may be submitted to the TACB 
central office in Austin through February 28, 1992. Material received by the 
Regulation Development Division by 4 p.m. on that date will be considered by the 
board prior to any final action on the proposed revisions. Copies of the 
proposed revisions are available at the central office of the TACB located at 
12124 Park 35 Circle, Austin, Texas 78753, and at all TACB regional offices. For 
further information, contact Eddie Mack at (512) 908-1488.
The amendments are proposed for adoption under the Texas Clean Air Act (TCAA), 
sec.382.017, Texas Health and Safety Code (Vernon 1990), which provides the TACB 
with the authority to adopt rules consistent with the policy and purposes of the 
TCAA.
sec.115.211. Emission Specifications. <ol> For all persons in the 
<nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston 
Areas as defined in sec.115.10 of this title (relating to Definitions)<ol> 
[counties referenced in sec.115.219(a) of this title (relating to Counties and 
Compliance Schedules)], the following emission specifications shall apply:
(1) gasoline terminal, as defined in sec.115.10 of this title (relating to 
Definitions), emission limitations are as follows:
(A) <nl>until July 31, 1993 in Brazoria, El Paso, Galveston, Jefferson, and 
Orange Counties,<ol> volatile organic compound (VOC) vapors from gasoline 
terminals shall be reduced to a level not to exceed 0.67 pounds of VOC from the 
vapor recovery system vent per 1,000 gallons (80 mg/liter) of gasoline 
transferred; and
(B) <nl>in Dallas, Harris, and Tarrant Counties, and after July 31, 1993 in 
counties other than Dallas, Harris, and Tarrant,<ol> VOC vapors from gasoline 
terminals [located in Dallas, Harris, and Tarrant Counties] shall be reduced to 
a level not to exceed 0.33 pound of VOC from the vapor recovery system vent per 
1,000 gallons (40 mg/liter) of gasoline transferred;
(2)  <nl>in Harris County, and after July 31, 1993 in counties other than 
Harris, the<ol> [the] maximum loss of VOC due to product transfer at a gasoline 
bulk plant, as defined in sec.115.10 of this title (relating to Definitions), 
[located in Harris County] is 1.2 pounds per 1,000 gallons (140 mg/liter) of 
gasoline transferred.
sec.115.212. Control Requirements.
(a) For all persons in the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, 
and Houston/Galveston Areas <ol> [counties referenced in sec.115.219(a) of this 
title (relating to Counties and Compliance Schedules)], the following control 
requirements shall apply.
(1)-(3) (No change.)
(4) <nl>In Dallas, El Paso, Harris, and Tarrant Counties, and after July 31, 
1993 in counties other than Dallas, El Paso, Harris, and Tarrant, no person<ol> 
[No person in Dallas, El Paso, Harris and Tarrant Counties] shall permit the 
transfer of gasoline from a transport vessel into a gasoline bulk plant storage 
tank, unless the following requirements are met:
(A)-(E) (No change.)
(5) <nl>In Dallas, El Paso, Harris, and Tarrant Counties, and after July 31, 
1993 in counties other than Dallas, El Paso, Harris, and Tarrant, no person<ol> 
[No person in Dallas, El Paso, Harris and Tarrant Counties] shall permit the 
transfer of gasoline from a gasoline bulk plant into a delivery tank-truck tank, 
unless the following requirements are met:
(A)-(G) (No change.)
(6) (No change.)
<nl>(b) For all persons in Gregg, Nueces, and Victoria Counties, the following 
control requirements shall apply.
<nl>(1) No person shall permit the loading or unloading of volatile organic 
compounds (VOC) to or from any facility other than gasoline terminals. unless 
the vapors are processed by a vapor recovery system as defined in sec.115.10 of 
this title (relating to Definitions).
<nl>(2) When loading or unloading is effected through the hatches of a tank-
truck or trailer or railroad tank car with a loading arm equipped with a vapor 
collection adapter, then pneumatic, hydraulic, or other mechanical means shall 
be provided to force a vapor-tight seal between the adapter and the hatch. A 
means shall be provided to prevent liquid drainage from the loading device when 
it is removed from the hatch of any tank-truck, trailer, or railroad tank car, 
or to accomplish complete drainage before such removal. When loading or 
unloading is effected through means other than hatches, all loading and vapor 
lines shall be:
<nl>(A) equipped with fittings which make vapor-tight connections and which 
close automatically when disconnected; or
<nl>(B) equipped to permit residual VOC in the loading line to discharge into a 
recovery or disposal system after loading is complete. All gauging and sampling 
devices shall be vapor-tight except for necessary gauging and sampling.
<nl>(3) Vapor recovery systems and loading equipment at gasoline terminals must 
be designed and operated to meet the following conditions:
<nl>(A) gauge pressure must not exceed 18 inches of water (4.5 kPa) and vacuum 
must not exceed six inches of water (1.5 kPa in the gasoline tank-truck;
<nl>(B) no VOC leaks, as defined in sec.115.10 of this title (relating to 
Definitions), shall be allowed from any potential leak source when measured with 
a portable combustible gas detector; and
<nl>(C) no avoidable liquid or gaseous leaks, as detected by sight, sound, or 
smell, shall exist during loading and unloading operations.
<nl>(c)<ol>[(b)] For all persons in Aransas, Bexar, Calhoun, Hardin, Matagorda, 
Montgomery, San Patricio, and Travis Counties [the counties referenced in 
sec.115.219(b) of this title (relating to Counties and Compliance Schedules)], 
the following requirements shall apply.
(1) No person shall permit the loading or unloading to or from any loading 
facility of VOC, unless such facility is equipped with a vapor recovery system 
as defined in <nl> s115.10 of this title<ol> [Subchapter A of this Chapter] 
(relating to Definitions).
(2)-(4) (No change.)
sec.115.213. Alternate Control Requirements.
(a) For all persons in the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, 
and Houston/Galveston Areas <ol> [counties referenced in sec.115.219 of this 
title (relating to Counties and Compliance Schedules)], alternate methods of 
demonstrating and documenting continuous compliance with the applicable control 
requirements or exemption criteria in this section may be approved by the 
executive director in accordance with sec.115.910 of this title (relating to 
Alternate Means of Control) if emission reductions are demonstrated to be 
substantially equivalent.
<nl>(b) For all persons in Gregg, Nueces, and Victoria Counties, alternate 
methods of demonstrating and documenting continuous compliance with the 
applicable control requirements or exemption criteria in this section may be 
approved by the executive director in accordance with sec.115.910 of this title 
(relating to Alternate Means of Control if emission reductions are demonstrated 
to be substantially equivalent.
<nl>(c)<ol>[(b)] For all persons in <nl>Aransas, Bexar, Calhoun, Hardin, 
Matagorda, Montgomery, San Patricio, and Travis Counties<ol> [the counties 
referenced in  s115.219 of this title (relating to Counties and Compliance 
Schedules)], alternate methods of demonstrating and documenting continuous 
compliance with the applicable control requirements or exemption criteria in 
this section may be approved by the executive director in accordance with 
sec.115.910 of this title (relating to Alternate Means of Control) if emission 
reductions are demonstrated to be substantially equivalent.
sec.115.214. Inspection Requirements.
<nl>(a) For all persons in the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El 
Paso, and Houston/Galveston Areas <ol> [counties referenced in sec.115.219(a) of 
this title (relating to Counties and Compliance Schedules)], the following 
inspection requirements shall apply.
(1)-(2) (No change.)
(3) <nl>In Dallas, El Paso, Harris, and Tarrant Counties, gasoline<ol> 
[Gasoline] tank-truck tanks being loaded [in Dallas, El Paso, Harris, and 
Tarrant Counties] must have been leak tested within one year, in accordance with 
the requirements of the undesignated head of this subchapter (relating to 
Control of Volatile Organic Compound Leaks From Gasoline Tank-Trucks), as 
evidenced by prominently displayed certification, affixed near the Department of 
Transportation certification plate.
(4) <nl>After July 31, 1993, in counties other than Dallas, El Paso, Harris, and 
Tarrant, gasoline truck-tanks being loaded must have been leak tested within one 
year, in accordance with the requirements of the undesignated head (relating to 
Control of Volatile Organic Compound Leaks From Gasoline Tank-Trucks), as 
evidenced by prominently displayed certification, affixed near the Department of 
Transportation certification plate.
<nl>(b) For all persons in Gregg, Nueces, and Victoria Counties, the following 
inspection requirements shall apply.
<nl>(1) Inspection for visible liquid leaks, visible fumes, or significant odors 
resulting from volatile organic compound (VOC) dispensing operations shall be 
conducted during each transfer by the owner or operator of the VOC loading and 
unloading facility or the owner or operator of the tank-truck.
<nl>(2) VOC loading or unloading through the affected transfer lines shall be 
discontinued immediately when a leak is observed and shall not be resumed until 
the observed leak is repaired.
sec.115.215. Testing Requirements.
<nl>(a) For the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston Areas<ol> [counties referenced in sec.115.219(a) of this title 
(relating to Counties and Compliance Schedules)], compliance with sec.115.212(a) 
of this title (relating to Control Requirements) shall be determined by applying 
the following test methods, as appropriate:
(1)-(8) (No change.)
<nl>(b) For Gregg, Nueces, and Victoria Counties, compliance with sec.115.212(b) 
of this title (relating to Control Requirements) shall be determined by applying 
the following test methods, as appropriate:
<nl>(1) Test Methods 1-4 (40 Code of Federal Regulations 60, Appendix A) for 
determining flow rates, as necessary;
<nl>(2) Test Method 18 (40 Code of Federal Regulations 60, Appendix A) for 
determining gaseous organic compound emissions by gas chromatography;
<nl>(3) Test Method 25 (40 Code of Federal Regulations 60, Appendix A) for 
determining total gaseous nonmethane organic emissions as carbon;
<nl>(4) Test Methods 25A or 25B (40 Code of Federal Regulations 60, Appendix A) 
for determining total gaseous organic concentrations using flame ionization or 
nondispersive infrared analysis;
<nl>(5) additional test procedures described in 40 Code of Federal Regulations 
60.503 b, c, and d;
<nl>(6) Test Method 21 (40 Code of Federal Regulations 60, Appendix A) for 
determining volatile organic compound leaks;
<nl>(7) determination of true vapor pressure using ASTM Test Method D323-82 for 
the measurement of Reid vapor pressure, adjusted for actual storage temperature 
in accordance with API Publication 2517, Third Edition, 1989; or
<nl>(8) minor modifications to these test methods approved by the executive 
director.
sec.115.216. Recordkeeping Requirements. <ol> For <nl>facilities in the 
Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston 
Areas<ol> [the counties referenced in sec.115.219(a) of this title (relating to 
Counties and Compliance Schedules),] affected by  s115.211[(a)] of this title 
(relating to Emission Specifications)[,] and sec.115.212(a) of this title 
(relating to Control Requirements), the owner or operator of any volatile 
organic compound (VOC) loading or unloading facility shall maintain the 
following information at the facility for at least two years and shall make such 
information available upon request to representatives of the Texas Air Control 
Board, United States Environmental Protection Agency, or local air pollution 
control agency having jurisdiction in the area:
(1)-(3) (No change.)
(4) for <nl>gasoline<ol> bulk plants <nl>in Dallas, El Paso, Harris, and Tarrant 
Counties, and after July 31, 1993 in counties other than Dallas, El Paso, 
Harris, and Tarrant <ol>:
(A)-(D) (No change.)
sec.115.217. Exemptions.
(a) For all persons in the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, 
and Houston/Galveston Areas <ol> [counties referenced in sec.115.219(a) of this 
title (relating to Counties and Compliance Schedules)], the following exemptions 
apply.
(1) (No change.)
(2) Any facility, excluding gasoline bulk plants, [affected by paragraph (6) of 
this subsection] having less than 20,000 gallons (75,708 liters) throughput of 
volatile organic compounds (VOC) per day (averaged over any consecutive 30-day 
period) is exempt from the requirements of this undesignated head (relating to 
Loading and Unloading of Volatile Organic Compounds).
(3)  <nl>Until July 31, 1993, gasoline<ol> [Gasoline] terminals located in 
Harris County and having less than 500,000 gallons (1,892,706 liters) throughput 
per day (averaged over any consecutive 30-day period) are exempt from the 
requirements of sec.115.211[(a)](1)(B) of this title (relating to Emission 
Specifications).
(4) <nl>Until July 31, 1993, gasoline<ol> [Gasoline] terminals located in Dallas 
and Tarrant Counties and having less than 100,000 gallons (378,541 liters) 
throughput per day (averaged over any consecutive 30-day period) are exempt from 
the requirements of sec.115.211[(a)](1)(B) of this title (relating to Emission 
Specifications).
(5) (No change.)
(6) Gasoline bulk plants which have a gasoline throughput less than 4,000 
gallons (15,142 liters) per day averaged over any consecutive 30-day period are 
exempt from the provisions of sec.115.211[(a)](2) of this title (relating to 
Emission Specifications), sec.115.212(a)(5) of this title (relating to Control 
Requirements), and sec.115.216[(a)](4) of this title (relating to Recordkeeping 
Requirements).
<nl>(b) For all persons in Gregg, Nueces, and Victoria Counties, the following 
exemptions apply.
<nl>(1) Any facility for loading or unloading of VOC with a true vapor pressure 
less than 1.5 psia (10.3 kPa) under actual storage conditions is exempt from the 
requirements of this undesignated head (relating to the Loading and Unloading of 
Volatile Organic Compounds).
<nl>(2) Any facility having less than 20,000 gallons (75,708 liters) throughput 
of VOC per day (averaged over any consecutive 30-day period) is exempt from the 
requirements of this undesignated head (relating to Loading and Unloading of 
Volatile Organic Compounds).
<nl>(3) All loading and unloading facilities for crude oil and condensate, for 
ships and barges, and for liquefied petroleum gas only (regulated by the Safety 
Rules of the Liquefied Petroleum Gas Division of the Texas Railroad Commission) 
are exempt from the requirements of sec.115.212(b) of this title (relating to 
Control Requirements).
<nl>(c)<ol>[(b)] For all persons in Aransas, Bexar, Calhoun, Hardin, Matagorda, 
Montgomery, San Patricio, and Travis Counties [the counties referenced in 
sec.115.219(b) of this title (relating to Counties and Compliance Schedules)], 
the following exemptions apply.
(1)-(2) (No change.)
(3) All loading or unloading facilities for crude oil or condensate, for ships 
and barges, and for facilities loading or unloading only liquefied petroleum gas 
(regulated by the safety rules of the Liquefied Petroleum Gas Division of the 
Texas Railroad Commission) are exempt from the provisions of sec.115.212(c) 
<ol>[(b)] of this title (relating to Control Requirements).
sec.115.219. Counties and Compliance Schedules.
[(a)] All affected persons in the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, 
El Paso, and Houston/Galveston Areas <ol> [Brazoria, Dallas, El Paso, Galveston, 
Gregg, Harris, Jefferson, Nueces, Orange, Tarrant, and Victoria Counties] shall 
be in compliance with this undesignated head (relating to Loading and Unloading 
of Volatile Organic Compounds) in accordance with the following schedules.
(1) <nl>All affected persons in Chambers, Collin, Denton, Fort Bend, Hardin, 
Liberty, Montgomery, and Waller Counties shall be in compliance with sec.115.211 
of this title (relating to Emission Specifications), sec.115.212(a) of this 
title (relating to Control Requirements), sec.115.213(a) of this title (relating 
to Alternate Control Requirements), sec.115.214(a) of this title (relating to 
Inspection Requirements), sec.115.215(a) of this title (relating to Testing 
Requirements), sec.115.216 of this title (relating to Recordkeeping 
Requirements), and sec.115.217(a) of this title (relating to Exemptions) as soon 
as practicable, but no later than July 31, 1993.<ol> [All affected persons shall 
be in compliance with all compliance schedules which have expired prior to 
January 1, 1991, in accordance with sec.115.930 of this title (relating to 
Compliance Dates).]
(2) <nl>All affected persons in Brazoria, El Paso, Galveston, Jefferson, and 
Orange Counties shall be in compliance with sec.115.211(1)(B) of this title 
(relating to Emission Specifications as soon as practicable, but no later than 
July 31, 1993.<ol> [All persons in Dallas, El Paso and Tarrant Counties affected 
by the provisions of sec.115.212(a)(4) and (5) of this title (relating to 
Control Requirements) shall be in compliance as soon as practicable, but no 
later than July 31, 1992.]
(3) <nl>All affected persons in Brazoria, Dallas, El Paso, Galveston, Jefferson, 
Orange, and Tarrant Counties shall be in compliance with sec.115.211(2) of this 
title (relating to Emission Specifications) as soon as practicable, but no later 
than July 31, 1993. <ol>[All persons in Dallas and Tarrant Counties affected by 
the provisions of sec.115.216(2)(C) of this title (relating to Recordkeeping 
Requirements) shall be in compliance with the sections as soon as practicable, 
but no later than July 31, 1992.]
<nl>(4) All affected persons in Brazoria, Galveston, Jefferson, and Orange 
Counties shall be in compliance with sec.115.212(a)(4) and (5) of this title 
(relating to Control Requirements), sec.115.214(a)(4) of this title (relating to 
Inspection Requirements), and sec.115.216(4) of this title (relating to 
Recordkeeping Requirements) as soon as practicable, but no later than July 31, 
1993.
<nl>(5) All affected persons in Harris County shall be in compliance with 
sec.115.217(a)(3) of this title (relating to Exemptions) as soon as practicable, 
but no later than July 31, 1993.
<nl>(6) All affected persons in Dallas and Tarrant Counties shall be in 
compliance with sec.115.217(a)(4) of this title (relating to Exemptions) as soon 
as practicable, but no later than July 31, 1993.
[(b) All affected persons in Aransas, Bexar, Calhoun, Hardin, Matagorda, 
Montgomery, San Patricio, and Travis Counties shall be in compliance with this 
undesignated head (relating to Loading and Unloading of Volatile Organic 
Compounds) in accordance with all compliance schedules which have expired prior 
to February 1, 1990, in accordance with sec.115.930 of this title (relating to 
Compliance Dates).]
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 17, 1992.
TRD-9200942
Lane Hartsock
Deputy Director, Air Quality Planning
Texas Air Control Board
Proposed date of adoption: May 15, 1992
For further information, please call: (512) 908-1451
       
Filling of Gasoline Storage Tanks (Stage I) for Motor Vehicle Fuel Dispensing 
Facilities
31 TAC sec.sec.115.221-115.229
The Texas Air Control Board (TACB) proposes amendments to sec.sec.115.221-115. 
227, and 115.229, concerning Filling of Gasoline Storage Tanks (Stage I) for 
Motor Vehicle Fuel Dispensing Facilities. The proposed changes have been 
developed in response to a requirement by the United States Environmental 
Protection Agency (EPA) to extend the controls that currently exist in certain 
ozone nonattainment areas to other previously-designated nonattainment areas. 
This program is referred to as "leveling the playing field." The proposed 
changes have also been developed in response to a requirement by EPA to extend 
controls that currently exist in certain ozone nonattainment areas to newly-
designated, adjacent nonattainment counties. This program is referred to as the 
"perimeter county catch-ups." The revisions are also intended to remove 
potentially confusing cross-references and to otherwise improve clarity.
The proposed changes to sec.115.221, concerning emission specifications; 
sec.115.222, concerning control requirements; sec.115.223, concerning alternate 
control requirements;  s115.224, concerning inspection requirements; 
sec.115.225, concerning testing requirements; sec.115.226, concerning 
recordkeeping requirements; and sec.115.227, concerning exemptions, expand by 
definition the applicability of the requirements and remove potentially 
confusing cross-references. The proposed changes to sec.115.229, concerning 
counties and compliance schedules, specify applicable perimeter counties and 
previously-designated nonattainment counties, add a compliance date for the 
additional counties, and remove obsolete paragraphs.
Bennie Engelke, deputy director of administrative services, has determined that 
for the first five-year period the proposed sections are in effect, there would 
be no fiscal implications for state and local governments. Economic costs to 
individuals and businesses required to implement the proposed measures are 
associated with leak testing, abatement, and recordkeeping requirements and are 
estimated as follows: Per Tank-Truck-$500 in 1993-1996; Per Facility-$10,000 in 
1993-1996.
Any costs continuing beyond 1996 would be continuing leak testing, operating, 
maintenance, and recordkeeping requirements. All estimates are stated in 1992 
dollars with no adjustments for inflation.
Lane Hartsock, deputy director of air quality planning, has determined that for 
the first five-year period the proposed sections are in effect, the public 
benefit anticipated as a result of implementing the sections will be rules which 
are more uniformly applicable in all Texas ozone nonattainment areas and 
satisfaction of EPA requirements.
Public hearings on this proposal are scheduled for the following times and 
places: February 24, 1992, 7 p.m., John Gray Institute, 8550 Florida Avenue, 
Beaumont; February 25, 1992, 7 p.m., City of El Paso, Council Chambers, Second 
Floor, 2 Civic Center Plaza, El Paso; February 25, 1992, 11 a.m., City of 
Houston, Pollution Control, Building Auditorium, 7411 Park Place Boulevard, 
Houston; and February 26, 1992, 6 p.m., City of Arlington, Council Chambers, 101 
West Abram Street, Arlington.
Written comments not presented at the hearings may be submitted to the TACB 
central office in Austin through February 28, 1992. Material received by the 
Regulation Development Division by 4 p.m. on that date will be considered by the 
board prior to any final action on the proposed revisions. Copies of the 
proposed revisions are available at the central office of the TACB located at 
12124 Park 35 Circle, Austin, Texas 78753, and at all TACB regional offices. For 
further information, contact Eddie Mack at (512) 908-1488.
The amendments are proposed for adoption under the Texas Clean Air Act (TCAA), 
sec.382.017, Texas Health and Safety Code (Vernon 1990), which provides the TACB 
with the authority to adopt rules consistent with the policy and purposes of the 
TCAA.
sec.115.221. Emission Specifications. <ol> No person in the <nl>Beaumont/Port 
Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston Areas as defined in  
s115.10 of this title (relating to Definitions)<ol> [counties referenced in 
sec.115.229 of this title (relating to Counties and Compliance Schedules)] shall 
transfer, or allow the transfer of, gasoline from any delivery vessel into a 
stationary storage container which is located at a motor vehicle fuel dispensing 
facility, unless the displaced vapors from the gasoline storage container are 
controlled by one of the following:
(1)-(2)  (No change.)
sec.115.222. Control Requirements. <ol> For all affected persons in the 
<nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston 
Areas <ol> [counties referenced in sec.115.229 of this title (relating to 
Counties and Compliance Schedules)], a vapor balance system will be assumed to 
comply with the specified emission limitation of sec.115.221 of this title 
(relating to Emission Specifications) if the following conditions are met:
(1)-(5)  (No change.)
(6) the delivery vessel is kept vapor-tight at all times (except when gauging) 
until the captured vapors are discharged to a loading facility with vapor 
recovery equipment, if the delivery vessel is refilled in one of the counties 
<nl>in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston Areas<ol> [listed in  s115.229 of this title (relating to 
Counties and Compliance Schedules)];
(7)-(9) (No change.)
sec.115.223. Alternate Control Requirements. For all affected persons in the 
<nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston 
Areas <ol> [counties referenced in sec.115.229 of this title (relating to 
Counties and Compliance Schedules)], alternate methods of demonstrating and 
documenting continuous compliance with the applicable control requirements or 
exemption criteria in this section may be approved by the executive director in 
accordance with sec.115.910 of this title (relating to Alternate Means of 
Control) if emission reductions are demonstrated to be substantially equivalent.
sec.115.224. Inspection Requirements. <ol> For all affected persons in the 
<nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston 
Areas <ol> [counties referenced in sec.115.229 of this title (relating to 
Counties and Compliance Schedules)], the following inspection requirements shall 
apply.
(1) (No change.)
(2) <nl>The<ol> [In Brazoria, Dallas, El Paso, Galveston, Harris, and Tarrant 
Counties, the] gasoline tank-truck tank <nl>must have been <ol> [has been] 
inspected for leaks within one year in accordance with the requirements of the 
undesignated head (relating to Control of Volatile Organic Compound Leaks from 
Gasoline Tank-Trucks), as evidenced by a prominently displayed certification 
affixed near the Department of Transportation certification plate.
sec.115.225. Testing Requirements. <ol> For all affected persons in the 
<nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston 
Areas <ol> [counties referenced in sec.115.229 of this title (relating to 
Counties and Compliance Schedules)], compliance with sec.115.221 of this title 
(relating to Emission Specifications) or sec.115.222 of this title (relating to 
Control Requirements) shall be determined by applying the following test 
methods, as appropriate:
(1)-(6) (No change.)
sec.115.226. Recordkeeping Requirements. <ol> For the <nl>Beaumont/Port Arthur, 
Dallas/Fort Worth, El Paso, and Houston/Galveston Areas <ol> [counties 
referenced in sec.115.229 of this title (relating to Counties and Compliance 
Schedules)], the owner or operator of any motor vehicle fuel dispensing facility 
subject to the control requirements of this section shall maintain the following 
records for at least one year:
(1)-(3) (No change.)
sec.115.227. Exemptions.  For all affected persons in the <nl>Beaumont/Port 
Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston Areas <ol> [counties 
referenced in sec.115.229 of this title (relating to Counties and Compliance 
Schedules)], the following exemptions shall apply.
(1)-(2)  (No change.)
sec.115.229. Counties and Compliance Schedules.<nl> All affected persons in 
Chambers, Collin, Denton, Fort Bend, Hardin, Jefferson, Liberty, Montgomery, 
Orange, and Waller Counties shall be in compliance with this undesignated head 
(relating to Stage I Filling of Gasoline Storage Vessels) as soon as 
practicable, but no later than July 31, 1993.<ol> [All affected persons in 
Brazoria, Dallas, El Paso, Galveston, Harris, and Tarrant Counties shall be in 
compliance with this undesignated head (relating to Stage I Filling of Gasoline 
Storage Vessels) in accordance with the following schedules:]
[(1)  All affected persons shall be in compliance with all compliance schedules 
which have expired prior to January 1, 1991, in accordance with sec.115.930 of 
this title (relating to Compliance Dates); and
[(2) All persons in Brazoria and Galveston Counties affected by the provisions 
of sec.115.222(7) and (8) of this title (relating to Control Requirements) and 
sec.115.224(2) of this title (relating to Inspection Requirements) shall be in 
compliance with this section as soon as practicable, but no later than July 31, 
1992.]
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 17, 1992.
TRD-9200943
Lane Hartsock
Deputy Director, Air Quality Planning
Texas Air Control Board
Proposed date of adoption: May 15, 1992
For further information, please call: (512) 908-1451
       
Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks
31 TAC sec.sec.115.234-115.239
The Texas Air Control Board (TACB) proposes amendments to sec.sec.115.234, 
115.235, 115.236, and 115.239, concerning control of volatile organic compound 
leaks from gasoline tank-trucks. The proposed changes have been developed in 
response to a requirement by the United States Environmental Protection Agency 
(EPA) to extend controls that currently exist in certain ozone nonattainment 
areas to newly-designated, adjacent nonattainment counties. This program is 
referred to as the "perimeter county catch-ups." The revisions are also intended 
to remove potentially confusing cross-references and to otherwise improve 
clarity.
The proposed changes to sec.115.234, concerning inspection requirements; 
sec.115.235, concerning testing requirements; and sec.115.236, concerning 
recordkeeping requirements, expand by definition the applicability of the 
requirements and remove potentially confusing cross-references. The proposed 
changes to sec.115.239, concerning counties and compliance schedules, specify 
applicable perimeter counties, add a compliance date for the additional 
counties, and remove an obsolete paragraph.
Bennie Engelke, deputy director of administrative services, has determined that 
for the first five-year period the proposed sections are in effect, there will 
be no fiscal implications for state and local governments. Economic costs to 
individuals and businesses required to implement the proposed measures are 
associated with leak testing and recordkeeping requirements and are estimated as 
follows: Per Tank-Truck-$500 in 1993-1996.
Any costs continuing beyond 1996 would be continuing leak testing and 
recordkeeping requirements. All estimates are stated in 1992 dollars with no 
adjustments for inflation.
Lane Hartsock, deputy director of air quality planning, has determined that for 
the first five-year period the proposed sections are in effect, the public 
benefit anticipated as a result of implementing the sections will be rules which 
are more uniformly applicable in all Texas ozone nonattainment areas and 
satisfaction of EPA requirements.
Public hearings on this proposal are scheduled for the following times and 
places: February 24, 1992, 7 p.m., John Gray Institute, 8550 Florida Avenue, 
Beaumont; February 25, 1992, 7 p.m., City of El Paso; Council Chambers, Second 
Floor, 2 Civic Center Plaza, El Paso, February 25, 1992, 11 a.m., City of 
Houston, Pollution Control, Building Auditorium, 7411 Park Place Boulevard, 
Houston; and February 26, 1992, 6 p.m., City of Arlington, Council Chambers, 101 
West Abram Street, Arlington.
Written comments not presented at the hearings may be submitted to the TACB 
central office in Austin through February 28, 1992. Material received by the 
Regulation Development Division by 4 p.m. on that date will be considered by the 
Board prior to any final action on the proposed revisions. Copies of the 
proposed revisions are available at the central office of the TACB located at 
12124 Park 35 Circle, Austin, Texas 78753, and at all TACB regional offices. For 
further information, contact Eddie Mack at (512) 908-1488.
The amendments are proposed for adoption under the Texas Clean Air Act (TCAA), 
sec.382.017, Texas Health and Safety Code (Vernon 1990), which provides the TACB 
with the authority to adopt rules consistent with the policy and purposes of the 
TCAA.
sec.115.234. Inspection Requirements. <ol> No <nl>person<ol> [persons] in the 
<nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston 
Areas as defined in sec.115.10 of this title (relating to Definitions)<ol> 
[counties referenced in sec.115.239 of this title (relating to Counties and 
Compliance Schedules)], shall allow a gasoline tank-truck tank to be filled or 
emptied at any facility affected by the undesignated head of this chapter 
(relating to Loading and Unloading of Volatile Organic Compounds) or the 
undesignated head (relating to Filling of Gasoline Storage Vessels (Stage I) for 
Motor Vehicle Fuel Dispensing Facilities), unless the tank being filled or 
emptied has passed a leak-tight test within the past year as evidenced by a 
prominently displayed certification affixed near the Department of 
Transportation certification plate which:
(1)-(2) (No change.)
sec.115.235. Testing Requirements. <ol> For all affected persons in the 
<nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston 
Areas <ol> [counties referenced in sec.115.239 of this title (relating to 
Counties and Compliance Schedules)], the following testing requirements shall 
apply.
(1)-(3) (No change.)
sec.115.236. Recordkeeping Requirements. <ol> For all affected persons in the 
<nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston 
Areas <ol> [counties referenced in sec.115.239 of this title (relating to 
Counties and Compliance Schedules)], the following recordkeeping requirements 
shall apply.
(1)-(3) (No change.)
sec.115.239. Counties and Compliance Schedules.<nl> All affected persons in 
Chambers, Collin, Denton, Fort Bend, Hardin, Liberty, Montgomery, and Waller 
Counties shall be in compliance with sec.115.234 of this title (relating to 
Inspection Requirements),  s115.235 of this title (relating to Testing 
Requirements), and sec.115.236 of this title (relating to Recordkeeping 
Requirements) as soon as practicable, but no later than July 31, 1993.<ol> [All 
affected persons in Dallas, El Paso, Harris, and Tarrant Counties shall be in 
compliance with this undesignated head (relating to Control of Volatile Organic 
Compound Leaks from Gasoline Tank-Trucks) in accordance with all compliance 
schedules which have expired prior to February 1, 1990, in accordance with 
sec.115.930 of this title (relating to Compliance Dates). All affected persons 
in Brazoria, Galveston, Jefferson, and Orange Counties shall be in compliance 
with this undesignated head (relating to Control of Volatile Organic Compound 
Leaks from Gasoline Tank-Trucks) as soon as practicable, but no later than July 
31, 1992.]
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 17, 1992.
TRD-9200944
Lane Hartsock
Deputy Director, Air Quality Planning
Texas Air Control Board
Proposed date of adoption: May 15, 1992
For further information, please call: (512) 908-1451
       
Subchapter C. Volatile Organic Compound Marketing Operations Control of Reid 
Vapor Pressure of Gasoline
31 TAC sec.sec.115.242, 115.243, 115.245-115.247
(Editor's note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Texas Air 
Control Board or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The Texas Air Control Board (TACB) proposes to repeal sec. s115.242, 115.243, 
and 115.245-115.247, concerning control of Reid vapor pressure of gasoline. The 
proposed repeal of  s115.242, concerning control requirements; sec.115.243, 
concerning alternate control requirements; sec.115.245, concerning testing 
requirements; sec.115.246, concerning recordkeeping requirements; and 
sec.115.247, concerning exemptions, involve removal of existing requirements 
which have been superseded by more stringent federal requirements which become 
effective on May 1, 1992.
Bennie Engelke, deputy director of administrative services, has determined that 
for the first five-year period the repeals are in effect there would be no 
fiscal implications for state or local governments. There are also no fiscal 
implications for facilities affected by the proposed repeals.
Lane Hartsock, deputy director of air quality planning, has determined that for 
each year of the first five years the repeals are in effect the public benefit 
anticipated as a result of enforcing the repeals will be the removal of rules 
which are no longer applicable because of federal rulemaking. Since the rules 
are not enforceable, the repeal will eliminate the possibility for confusion and 
misunderstanding.
Public hearings on this proposal are scheduled for the following times and 
places: February 24, 1992, 7 p.m., John Gray Institute, 8550 Florida Avenue, 
Beaumont; February 25, 1992, 7 p.m., City of El Paso, Council Chambers, Second 
Floor, 2 Civic Center Plaza, El Paso; February 25, 1992, 11 a.m., City of 
Houston, Pollution Control, Building Auditorium, 7411 Park Place Boulevard, 
Houston; and February 26, 1992, 6 p.m. City of Arlington, Council Chambers, 101 
West Abram Street, Arlington.
Written comments not presented at the hearings may be submitted to the TACB 
central office in Austin through February 28, 1992. Material received by the 
Regulation Development Division by 4 p.m. on that date will be considered by the 
Board prior to any final action on the proposed revisions. Copies of the 
proposed revisions are available at the central office of the TACB located at 
12124 Park 35 Circle, Austin, Texas 78753, and at all TACB regional offices. For 
further information, contact Eddie Mack at (512) 908-1488.
The repeals are proposed under the Texas Clean Air Act (TCAA) sec.382.017, Texas 
Health and Safety Code (Vernon 1990), which provides TACB with the authority to 
adopt rules consistent with the policy and purposes of the TCAA.
sec.115.242. Control Requirements.
sec.115.243. Alternate Control Requirements.
sec.115.245. Testing Requirements.
sec.115.246. Recordkeeping Requirements.
sec.115.247. Exemptions.
sec.115.249. Counties and Compliance Schedules.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 17, 1992.
TRD-9200945
Lane Hartsock
Deputy Director, Air Quality Planning
Texas Air Control Board
Proposed date of adoption: May 15, 1992
For further information, please call: (512) 908-1451
       
Process Unit Turnaround and Vacuum Producing Systems in Petroleum Refineries
31 TAC sec.sec.115.311-115.313, 115.315-115.317, 115.319
The Texas Air Control Board (TACB) proposes amendments to sec.sec.115.311-115. 
313, 115.315, 115.316, and 115.319, and new sec.115.317 concerning process unit 
turnaround and vacuum-producing systems in petroleum refineries. The proposed 
changes have been developed in response to a requirement by the United States 
Environmental Protection Agency (EPA) to extend the controls that currently 
exist in certain ozone nonattainment areas to other previously- designated 
nonattainment areas. This program is referred to as "leveling the playing field. 
" The proposed changes have also been developed in response to a requirement by 
EPA to extend controls that currently exist in certain ozone nonattainment areas 
to newly-designated, adjacent nonattainment counties. This program is referred 
to as the "perimeter county catch-ups." The revisions are also intended to 
remove potentially confusing cross-references and to otherwise improve clarity. 
Additionally, existing requirements for Gregg, Nueces, and Victoria Counties 
have been moved into a separate subsection in each section. However, no new 
requirements are intended for these three counties.
The proposed new sec.115.317, concerning exemptions, restores an exemption to 
Gregg, Nueces, and Victoria Counties which previously had been inadvertently 
deleted. The proposed changes to sec.115.311, concerning emission 
specifications; sec.115.312, concerning control requirements; sec.115.313, 
concerning alternate control requirements; sec.115.315, concerning testing 
requirements; and sec.115. 316, concerning recordkeeping requirements, expand by 
definition the applicability of the requirements and remove potentially 
confusing cross-references. The proposed changes to sec.115.319, concerning 
counties and compliance schedules, specify applicable perimeter counties, add a 
compliance date for the new requirements and the additional counties, and remove 
obsolete paragraphs.
Bennie Engelke, deputy director of administrative services, has determined that 
for the first five-year period the sections are in effect there would be no 
fiscal implications for state or local governments. Economic costs to persons 
and businesses required to implement the proposed measures are associated with 
fugitive monitoring and recordkeeping requirements and are estimated as follows: 
per facility control unit $50,000 for fiscal years 1993-1996; per volatile 
organic compound monitoring unit $15,000 for fiscal years 1993-1996; and per 
temperature monitoring unit $15,000 for fiscal years 1993-1996.
Any costs continuing beyond 1996 would be continuing operating, maintenance, and 
recordkeeping requirements. All estimates are stated in 1992 dollars with no 
adjustments for inflation and assume continuing costs equal to those incurred 
during 1992-1996.
Lane Hartsock, deputy director of air quality planning, has determined that for 
the first five-year period the sections are in effect the public benefit 
anticipated as a result of implementing the sections will be rules high are more 
uniformly applicable in all Texas ozone nonattainment areas and satisfaction of 
EPA requirements.
Public hearings on this proposal are scheduled for the following times and 
places: February 24, 1992, 7 p.m., John Gray Institute, 8550 Florida Avenue, 
Beaumont, February 25, 1992, 7 p.m., City of El Paso, Council Chambers, Second 
Floor, 2 Civic Center Plaza, El Paso, February 25, 1992, 11 a.m., City of 
Houston, Pollution Control Building Auditorium, 7411 Park Place Boulevard, 
Houston, February 26, 1992, 6 p.m., City of Arlington, Council Chambers, 101 
West Abram Street, Arlington.
Written comments not presented at the hearings may be submitted to the TACB 
central office in Austin through February 28, 1992. Material received by the 
Regulation Development Division by 4 p.m. on that date will be considered by the 
board prior to any final action on the proposed revisions. Copies of the 
proposed revisions are available at the central office of TACB located at 12124 
Park 35 Circle, Austin, Texas 78753, and at all TACB regional offices. For 
further information, contact Eddie Mack at (512) 908-1488.
The amendments are proposed under the Texas Clean Air Act (TCAA), sec.382.017, 
Texas Health and Safety Code Annotated (Vernon 1990), which provides TACB with 
the authority to adopt rules consistent with the policy and purposes of the 
TCAA.
sec.115.311. Emission Specifications.
<nl>(a) For all affected person in the <nl>Beaumont/Port Arthur, Dallas/Fort 
Worth, El Paso, and Houston/Galveston Areas as defined in  s115.10 of this title 
(relating to Definitions) [counties referenced in 115.319 of this title 
(relating to Counties and Compliance Schedules)], the following emission 
specifications on vacuum-producing systems shall apply.
(1) No person may be allowed to emit any VOC from a steam director or mechanical 
vacuum pump in a petroleum refinery, unless the vent stream is burned properly 
in accordance with sec.115.312 <nl>(a)<ol>(2) of this title (relating to Control 
Requirements).
(2) No person may be allowed to emit any VOC from a hotwell with a contact 
condenser, unless the hotwell is covered and the vapors from the hotwell are 
burned properly in accordance with sec.115.312<nl>(a) <ol>(2) of this title.
sec.115.312. Control Requirements.
<nl>(a) For all affected persons in the <nl>Beaumont/Port Arthur, Dallas/Fort 
Worth, El Paso, and Houston/Galveston areas<ol> [counties referenced in 
sec.115.319 of this title (relating to Counties and Compliance Schedules)], the 
following control requirements shall apply.
(1) (No change.)
(2) Vent gas streams affected by sec.115.311<nl>(a) <ol> of this title (relating 
to Emission Specifications) must be burned properly at a temperature equal to or 
greater than 1,300 Degrees Fahrenheit (704 Degrees Celsius) in a smokeless flare 
or a direct-flame incinerator with a destruction efficiency of at least 90%.
<nl>(b) For all affected persons in Gregg, Nueces, and Victoria Counties, the 
following control requirements shall apply.
<nl>(1)  Volatile organic compound (VOC) emissions from petroleum refineries 
shall be controlled during process unit shutdown or turnaround with the 
following procedure:
<nl>(A) recover and store all pumpable or drainable liquid; and
<nl>(B) reduce vessel gas pressure to five psia (34.5 kPa gauge) or less by 
recovery or combustion before venting to the atmosphere.
<nl>(2) Vent gas streams affected by sec.115.311(b) of this title must be burned 
properly at a temperature equal to or greater than 1,300 Degrees Fahrenheit (704 
Degrees Celsius) in a smokeless flare or a direct-flame incinerator with a 
destruction efficiency of at least 90%.
sec.115.313. Alternate Control Requirements.
<nl>(a) For all affected persons in the <nl>Beaumont/Port Arthur, Dallas/Fort 
Worth El Paso, and Houston/Galveston areas<ol> [counties referenced in 
sec.115.319 of this title (relating to Counties and Compliance Schedules)], 
alternate methods of demonstrating and documenting continuous compliance with 
the applicable control requirements in this section may be approved by the 
executive director in accordance with sec.115.910 of this title (relating to 
Alternate Means of Control) if emission reductions are demon- strated to be 
substantially equivalent.
<nl>(b) For all affected persons in Gregg, Nueces,, and Victoria Counties, 
alternate methods of demonstrating and documenting continuous compliance with 
the applicable control requirements in this section may be approved by the 
executive director in accordance with sec.115.910 of this title if emission 
reductions are demonstrated to be substantially equivalent.
sec.115.315. Testing Requirements.
<nl>(a) For all affected persons in the Beaumont/Port Arthur, Dallas/Fort Worth, 
El Paso, and Houston/Galveston areas [counties referenced in sec.115.319 of this 
title (relating to Counties and Compliance Schedules)], compliance with sec.115. 
311<nl>(a) <ol> of this title (relating to Emission Specifications) and sec.115. 
312<nl>(a)<ol> of this title (relating to Control Requirements) shall be 
determined by applying the following test methods, as appropriate:
(1)-(7)  (No change.)
<nl>(b) For all affected persons in Gregg, Nueces, and Victoria Counties, 
compliance with sec.115.311(b) of this title and sec.115. 312(b) of this title 
shall be determined by applying the following test methods, as appropriate:
<nl>(1) Test Method 22 (40 Code of Federal Regulations 60, Appendix A) for 
visual determination of fugitive emissions from material sources and smoke 
emissions from flares;
<nl>(2) additional control device requirements for flares described in 40 Code 
of Federal Regulations 60.18(f);
<nl>(3)  Test Methods 1-4 (40 Code of Federal Regulations 60, Appendix A) for 
determining flow rate, as necessary;
<nl>(4) Test Method 18 (40 Code of Federal Regulations 60, Appendix A) for 
determining gaseous organic compound emissions by gas chromatography;
<nl>(5) Test Method 25 (40 Code of Federal Regulations 60, Appendix A) for 
determining total gaseous nonmethane organic emissions as carbon;
<nl>(6) Test Methods 25A or 25B (40 Code of Federal Regulations 60, Appendix A) 
for determining total gaseous organic concentrations using flame ionization or 
nondispersive infrared analysis; or
<nl>(7) minor modifications to these test methods approved by the executive 
director.
sec.115.316. Recordkeeping Requirements. <ol> For all affected persons in the 
<nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston 
areas <ol> [counties referenced in sec.115.319 of this title (relating to 
Counties and Compliance Schedules)], the following recordkeeping requirements 
shall apply.
(1) Any person who operates a vacuum-producing system affected by 
sec.115.311<nl>(a)<ol> of this title (relating to Emission Specifications) shall 
keep the following records:
(A) -(D) (No change.)
(2) Any person who conducts a process unit turnaround affected by 
sec.115.312<nl>(a)<ol> of this title (relating to Control Requirements) shall 
keep the following records:
(A)-(C) (No change.)
(3) The results of any testing conducted in accordance with the provisions 
specified in sec.115.315<nl>(a) <ol> of this title (relating to Testing 
Requirements) shall be maintained at the affected facility.
(4)  (No change.)
sec.115.317. Exemptions.  For all affected persons in Gregg, Nueces, and 
Victoria Counties, any vacuum-producing system emitting a combined weight of 
volatile organic compounds equal to or less than 100 pounds (45.4 kg) in any 
consecutive 24-hour period is exempt from the requirements of sec.115. 311(b) of 
this title (relating to Emission Specifications).
sec.115.319. Counties and Compliance Schedules. All affected persons in the 
<nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston 
Areas<ol> [Brazoria, Dallas, El Paso, Galveston, Gregg, Harris, Jefferson, 
Nueces, Orange, Tarrant, and Victoria Counties] shall be in compliance with this 
undesignated head (relating to Process Unit Turnaround and Vacuum-Producing 
Systems in Petroleum Refineries) in accordance with the following 
schedules<nl>.<ol>[:]
<nl>(1) All affected persons in Chambers, Collin, Denton, Fort Bend, Hardin, 
Liberty, Montgomery, and Waller Counties shall be in compliance with 
sec.115.311(a) of this title (relating to Emission Specifications), 
sec.115.312(a) of this title (relating to Control Requirements), sec.115.313(a) 
of this title (relating to Alternate Control Requirements), sec.115.315(a) of 
this title (relating to Testing Requirements), and 115.316 of this title 
(relating to Recordkeeping Requirements) as soon as practicable but no later 
than July 31, 1993.
[(1) all compliance schedules which have expired prior to January 1, 1991, in 
accordance with sec.115. 930 of this title (relating to Compliance Dates); and]
<nl>(2) All persons in Dallas, Jefferson, Orange and Tarrant Counties affected 
by the provisions of sec.115.316 of this title (relating to Recordkeepinq 
Requirements) shall be in compliance with this section as soon as practicable 
but no later than July 31, 1993.
[(2) all persons in Brazoria, El Paso, Galveston, or Harris Counties affected by 
the provisions of sec.115.316(1)(B) and (C) of this title (relating to 
Recordkeeping Requirements) shall be in compliance with this section as soon as 
practicable, but no later than December 31, 1990.]
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas on January 17, 1992.
TRD-9200946
Lane Hartsock
Deputy Director, Air Quality Planning
Texas Air Control Board
Proposed date of adoption: May 15, 1992
For further information, please call: (512) 908-1451
       
Subchapter D. Petroleum Refining and Petrochemical Processes
Fugitive Emission Control in Petroleum Refineries
31 TAC sec.sec.115.322-115.327, 115.329
The Texas Air Control Board (TACB) proposes amendments to sec.sec.115.322-115. 
327, and 115.329, concerning fugitive emission control in petroleum refineries. 
The proposed changes have been developed in response to a requirement by the 
United States Environmental Protection Agency (EPA) to extend controls that 
currently exist in certain ozone nonattainment areas to newly-designated 
adjacent nonattainment counties. This program is referred to as the "perimeter 
county catch-ups." The revisions are also intended to remove potentially 
confusing cross-references and to otherwise improve clarity. Additionally, 
existing requirements for Gregg, Nueces, and Victoria Counties have been moved 
into a separate subsection in each section. However, no new requirements are 
intended for these three counties.
The proposed changes to sec.115.322, concerning control requirements; sec.115. 
323, concerning alternate control requirements; sec.115.324, concerning 
inspection requirements; sec.115.325, concerning testing requirements; 
sec.115.326, concerning recordkeeping requirements; and sec.115.327, concerning 
exemptions, expand by definition the applicability of the requirements and 
remove potentially confusing cross-references. Proposed changes to  s115.327 
also restore an exemption for two-inch or smaller valves in Gregg, Nueces, and 
Victoria Counties which previously had been inadvertently deleted. The proposed 
changes to sec.115.329, concerning counties and compliance schedules, specify 
applicable perimeter counties, add a compliance date for the additional 
counties, and remove obsolete paragraphs.
Bennie Engelke, deputy director of administrative services, has determined that 
for the first five-year period the sections are in effect there would be no 
fiscal implications for state and local governments. Economic costs to persons 
and businesses required to implement the proposed measures are associated with 
fugitive monitoring and recordkeeping requirements and are estimated as follows: 
per affected component per required monitoring incident $1.00 for fiscal years 
1993-1996.
Any costs continuing beyond 1996 would be continuing monitoring and 
recordkeeping costs. All estimates are stated in 1992 dollars with no 
adjustments for inflation.
Lane Hartsock, deputy director of air quality planning, has determined that for 
each year of the first five years the sections are in effect the public benefit 
anticipated as a result of implementing the sections will be rules which are 
more uniformly applicable in all Texas ozone nonattainment areas and 
satisfaction of EPA requirements.
Public hearings on this proposal are scheduled for the following times and 
places: February 24, 1992, 7 p.m., John Gray Institute, 8550 Florida Avenue, 
Beaumont; February 25, 1992, 7 p.m., City of El Paso, Council Chambers, Second 
Floor 2, Civic Center Plaza, El Paso; February 25, 1992, 11 a.m., City of 
Houston, Pollution Control, Building Auditorium, 7411 Park Place Boulevard, 
Houston, February 26, 1992, 6 p.m., City of Arlington, Council Chambers, 101 
West Abram Street, Arlington.
Written comments not presented at the hearings may be submitted to the TACB 
central office in Austin through February 28, 1992. Material received by the 
Regulation Development Division by 4 p.m. on that date will be considered by the 
board prior to any final action on the proposed revisions. Copies of the 
proposed revisions are available at the central office of TACB located at 12124 
Park 35 Circle, Austin, Texas 78753, and at all TACB regional offices. For 
further information, contact Eddie Mack at (512) 908-1488.
The amendments are proposed under the Texas Clean Air Act (TCAA), sec.382.017, 
Texas Health and Safety Code, Annotated (Vernon 1990), which provides TACB with 
the authority to adopt rules consistent with the policy and purposes of the 
TCAA.
sec.115.322. Control Requirements.
<nl>(a) For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas as defined in sec.115.10 of this title (relating to 
Definitions)<ol> [counties referenced in sec.115.329 of this title (relating to 
Counties and Compliance Schedules)], no person shall operate a petroleum 
refinery, as defined in sec.115.10 of this title, without complying with the 
following requirements.
(1)-(5) (No change.)
<nl>(b) For Gregg, Nueces, and Victoria Counties, no person shall operate a 
petroleum refinery without complying with the following requirements.
<nl>(1) No component shall be allowed to have a volatile organic compound (VOC) 
leak as defined in  s115.10 of this title.
<nl>(2) All technically feasible repairs to a leaking component, as specified in 
paragraph (1) of this subsection, shall be made within 15 days after the leak is 
found. If the repair of a component would require a unit shutdown which would 
create more emissions than the repair would eliminate, the repair may be delayed 
until the next scheduled shutdown.
<nl>(3) All leaking components, as defined in paragraph (1) of this subsection, 
which cannot be repaired until the unit is shut down for turnaround shall be 
identified for such repair by tagging. The executive director at his discretion 
may require early unit turnaround or other appropriate action based on the 
number and severity of tagged leaks awaiting turnaround.
<nl>(4) Except for safety pressure relief valves, no valves shall be installed 
or operated at the end of a pipe or line containing VOC, unless the pipe or line 
is sealed with a second valve, a blind flange, a plug, or a cap. The sealing 
device may be removed only while a sample is being taken or during maintenance 
operations, and when closing the line. The upstream valve shall be closed first.
(5) Pipeline valves and pressure relief valves in gaseous VOC service shall be 
marked in some manner that will be readily obvious to monitoring personnel.
sec.115.323. Alternate Control Requirements.
<nl>(a) For all affected persons in the <nl>Beaumont/Port Arthur, Dallas/Fort 
Worth, El Paso, and Houston/Galveston areas<ol> [counties referenced in 
sec.115.329 of this title (relating to Counties and Compliance Schedules)], the 
following alternate control techniques may apply.
(1) (No change.)
(2) The executive director of the Texas Air Control Board <nl>(TACB)<ol> may 
approve an alternate monitoring method if the refinery operator can demonstrate 
that the alternate monitoring method satisfies the conditions of sec.115.324 
<nl>(a)<ol>(8) of this title (relating to Inspection Requirements). Any request 
for an alternate monitoring method must be made in writing to the executive 
director.
<nl>(b) For all affected persons in Gregg, Nueces, and Victoria Counties, the 
following alternate control techniques may apply.
<nl>(1)  Any alternate methods of demonstrating and documenting continuous 
compliance with the applicable control requirements or exemption criteria in 
this section may be approved by the executive director in accordance with 
sec.115.910 of this title (relating to Alternate Means of Control) if emission 
reductions are demonstrated to be substantially equivalent.
(2) The executive director of TACB may approve an alternate monitoring method if 
the refinery operator can demonstrate that the alternate monitoring method 
satisfies the conditions of  s115.324(b)(8). Any request for an alternate 
monitoring method must be made in writing to the executive director.
sec.115.324. Inspection Requirements.
<nl>(a) For the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas<ol> [counties referenced in sec.115.329 of this title 
(relating to Counties and Compliance Schedules)], the owner or operator of a 
petroleum refinery shall conduct a monitoring program consistent with the 
following provisions:
(1) -(3) (No change.)
(4) measure (with a hydrocarbon gas analyzer) the emissions from any component, 
except those exempted by sec.115.327 <nl>(a)(1)-(2) <ol>[(2)-(3)] of this title 
(relating to Exemptions), whenever a potential leak is detected by sight, sound, 
or smell;
(5)-(8) (No change.)
<nl>(b) For Gregg, Nueces, and Victoria Counties, the owner or operator of a 
petroleum refinery shall conduct a monitoring program consistent with the 
following provisions:
<nl>(1) measure yearly (with a hydrocarbon gas analyzer) the emissions from all:
<nl>(A) pump seals;
<nl>(B)  pipeline valves in liquid service;
<nl>(C) process drains; and
<nl>(D) all valves elevated more than two meters above any permanent structure;
<nl>(2) measure quarterly (with a hydrocarbon gas analyzer) the emissions from 
all:
<nl>(A) compressor seals;
<nl>(B) pipeline valves in gaseous service; and
<nl>(C) pressure relief valves in gaseous service;
<nl>(3) visually inspect, weekly, all pump seals;
<nl>(4) measure (with a hydrocarbon gas analyzer) the emissions from any 
component, except those exempted by sec.115.327(b)(2)-(3) of this title, 
whenever a potential leak is detected by sight, sound or smell;
<nl>(5)  measure (with a hydrocarbon gas analyzer) emissions from any relief 
valve which has vented to the atmosphere within 24 hours;
<nl>(6) measure (with a hydrocarbon gas analyzer) immediately after repair, the 
emissions from any component that was found leaking;
<nl>(7) upon the detection of a leaking component, shall affix to the leaking 
component a weatherproof and readily visible tag, bearing an identification 
number and the date the leak was located. This tag shall remain in place until 
the leaking component is repaired;
<nl>(8) The monitoring schedule of paragraphs (1)-(3) of this subsection may be 
modified as follows.
<nl>(A) After completion of the required annual and quarterly inspections for a 
period of at least two years, the operator of a refinery may request in writing 
to the Texas Air Control Board that the monitoring schedule be revised based on 
the percent of valves leaking. The percent of valves leaking shall be determined 
by dividing the sum of valves leaking during current monitoring and valves for 
which repair has been delayed by the total number of valves subject to the 
requirements. This request shall include all data that have been developed to 
justify the following modifications in the monitoring schedule.
<nl>(i)<nl> After two consecutive quarterly leak detection periods with the 
percent of valves leaking equal to or less than 2.0%, an owner or operator may 
begin to skip one of the quarterly leak detection periods for the valves in 
gas/vapor and light liquid service.
<nl>(ii)<nl> After five consecutive quarterly leak detection periods with the 
percent of valves leaking equal to or less than 2.0%, an owner or operator may 
begin to skip three of the quarterly leak detection periods for the valves in 
gas/vapor and light liquid service.
<nl>(B) If the executive director of TACB determines that there is an excessive 
number of leaks in any given process area, he may require an increase in the 
frequency of monitoring for that process area of the refinery.
sec.115.325. Testing Requirements.
<nl>(a) For all affected persons in the <nl>Beaumont/Port Arthur, Dallas/Fort 
Worth, El Paso, and Houston/Galveston areas<ol> [counties referenced in 
sec.115.329 of this title (relating to Counties and Compliance Schedules)], 
compliance with this undesignated head (relating to Fugitive Emission Control in 
Petroleum Refineries) shall be determined by applying the following test 
methods, as appropriate:
(1)-(3) (No change.)
<nl>(b) For all affected persons in Gregg, Nueces, and Victoria Counties, 
compliance with this undesignated head shall be determined by applying the 
following test methods, as appropriate:
<nl>(1)  Test Method 21 (40 Code of Federal Regulations 60, Appendix A) for 
determining volatile organic compound leaks. The leak detection equipment can be 
calibrated with methane, propane, or hexane, but the meter readout must be as 
parts per million by volume (ppmv) hexane;
<nl>(2) determination of true vapor pressure using ASTM Test Method D323-82 for 
the measurement of Reid vapor pressure, adjusted for 68 Degrees Fahrenheit (20 
Degrees Celsius) in accordance with API Publication 2517, Third Edition, 1989; 
or
<nl>(3) minor modifications to these test methods approved by the executive 
director.
sec.115.326. Recordkeeping Requirements.
<nl>(a) For the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas<ol> [counties referenced in sec.115.329 of this title 
(relating to Counties and Compliance Schedules)], the owner or operator of a 
petroleum refinery shall have the following recordkeeping requirements:
(1) (No change.)
(2) maintain a leaking-components monitoring log for all leaks of more than 
10,000 ppmv of volatile organic compound <nl>(VOC)<ol> detected by the 
monitoring program required by sec.115.324<nl>(a)<ol> of this title (relating to 
Inspection Requirements). This log shall contain, at a minimum, the following 
data:
(A)-(I) (No change.)
(3)-(4)  (No change.)
<nl>(b) For Gregg, Nueces, and Victoria Counties, the owner or operator of a 
petroleum refinery shall have the following recordkeeping requirements:
<nl>(1) submit to the executive director a monitoring program plan. This plan 
shall contain, at a minimum, a list of the refinery units and the quarter in 
which they will be monitored a coy of the log book format, and the make and 
model of the monitoring equipment to be used;
<nl>(2) maintain a leaking-components monitoring log for all leaks of more than 
10,000 ppmv of VOC detected by the monitoring program required by sec.115.324(b) 
of this title. This log shall contain, at a minimum, the following data:
<nl>(A) the name of the process unit where the component is located;
<nl>(B) the type of component (e.q., valve or seal);
<nl>(C) the tag number of the component;
<nl>(D) the date on which a leaking component is discovered;
<nl>(E) the date on which a leaking component is repaired;
<nl>(F) the date and instrument reading of the recheck procedure after a leaking 
component is repaired;
<nl>(G) a record of the calibration of the monitoring instrument;
<nl>(H) those leaks that cannot be repaired until turnaround; and
<nl>(I) the total number of components checked and the total number of 
components found leaking;
<nl>(3) retain copies of the monitoring log for a minimum of two years after the 
date on which the record was made or the report prepared;
(4) maintain all monitoring records for at least two years and make them 
available for review upon request by authorized representatives of the Texas Air 
Control Board United States Environmental Protection Agency, or local air 
pollution control agencies.
sec.115.327. Exemptions.
<nl>(a) For all affected persons in the <nl>Beaumont/Port Arthur, Dallas/Fort 
Worth, El Paso and Houston/Galveston areas<ol> [counties referenced in 
sec.115.329 of this title (relating to Counties and Compliance Schedules)], the 
following exemptions shall apply.
(1) (No change.)
(2)  Components which contact a process liquid containing volatile organic 
compounds (VOC) having a true vapor pressure equal to or less than 0.044 psia 
(0. 3 kPa) at 68 Degrees Fahrenheit (20 Degrees Celsius) are exempt from the 
requirements of sec.115.324(a) of this title (relating to Inspection 
Requirements) if the components are inspected visually according to the 
inspection schedules specified within this same section.
(3) (No change.)
(4)  Pressure relief devices connected to an operating flare header, components 
in continuous vacuum service, storage tank valves, and valves that are not 
externally regulated (such as in-line check valves) are exempt from the 
monitoring requirement of sec.115.324(a) of this title.
<nl>(5)  Compressors in hydrogen service are exempt from the requirements of 
sec.115. 324(a)<ol>  <nl>of this title if the owner or operator demonstrates 
that the percent hydrogen content can be reasonably expected to always exceed 
50.0% by volume.
<nl>(b) For all affected persons in Gregg, Nueces, and Victoria Counties the 
following exemptions shall apply.
<nl>(1) Valves with a nominal size of two inches (5 cm) or less are exempt from 
the requirements of this undesignated head (relating to Fugitive Emission 
Control in Petroleum Refineries) provided allowable emissions at any refinery 
from sources affected by these sections after controls are applied with 
exemptions will not exceed by more than 5.0% such allowable emissions with no 
exemptions. Any person claiming an exemption for valves two inches (5 cm) 
nominal size or smaller under this subsection shall, at the time he provides his 
control plan, also provide the following information:
<nl>(A) identification of valves or classes of valves to be exempted;
<nl>(B) an estimate of uncontrolled emissions from exempted valves, and an 
estimate of emissions if controls were applied plus an explanation of how the 
estimates were derived; and
<nl>(C) an estimate of the total VOC emissions within the refinery from sources 
affected by sec.115.322(b) of this title (relating to Control Requirements),  
s115.324(b) of this title, and sec.115.326(b) of this title (relating to 
Recordkeeping Requirements) after controls are applied and assuming no 
exemptions for small valves, plus an explanation of how the estimate was 
derived.
<nl>(2) Components which contact a process fluid that contains less than 10% VOC 
by weight are exempt from the requirements of this undesignated head.
<nl>(3) Components which contact a process liquid containing VOC having a true 
vapor pressure equal to or less than 0.147 psia (1. 013 kPa) at 68 Degrees 
Fahrenheit (20 Degrees Celsius) are exempt from the requirements of 
sec.115.324(b) of this title if the components are inspected visually according 
to the inspection schedules specified within this same section.
<nl>(4) Petroleum refineries or individual process units in a temporary 
nonoperating status shall submit a plan for compliance with the provisions of 
this undesignated head, as soon as practicable, but no later than one month 
before the process unit is scheduled for start-up and be in compliance as soon 
as practicable, but no later than three months after start-up. All petroleum 
refineries affected by this subsection shall notify the Texas Air Control Board 
of any nonoperating refineries or individual process units when they are shut 
down and dates of any start-ups as they occur.
<nl>(5) Pressure relief devices connected to an operating flare header 
components in continuous vacuum service, storage tank valves, and valves that 
are not externally regulated (such as in-line check valves) are exempt from the 
monitoring requirement of sec.115. 324(b) of this title.
<nl>(6) Compressors in hydrogen service are exempt from the requirements of 
sec.115.324(b) of this title if the owner or operator demonstrates that the 
percent hydrogen content can be reasonably expected to always exceed 50.0% by 
volume.
sec.115.329. Counties and Compliance Schedules. <nl>All affected persons in 
Chambers, Collin, Denton, Fort Bend, Hardin, Liberty, Montgomery, and Waller 
Counties shall be in compliance with sec.115.322(a) of this title (relating to 
Control Requirements),  s115.323(a) of this title (relating to Alternate Control 
Requirements), sec.115.324(a) of this title (relating to Inspection 
Requirements), sec.115.325(a) of this title (relating to Testing Requirements),  
s115.326(a) of this title (relating to Recordkeeping Requirements), and 
sec.115.327(a) of this title (relating to Exemptions), as soon as practicable, 
but no later than July 31, 1993.<ol> [All affected persons in Brazoria, Dallas, 
El Paso, Galveston, Gregg, Harris, Jefferson, Nueces, Orange, Tarrant, and 
Victoria Counties shall be in compliance with this undesignated head (relating 
to Fugitive Emission Control in Petroleum Refineries) in accordance with the 
following schedules.
[(1) All affected persons shall be in compliance with all compliance schedules 
which have expired prior to January 1, 1991, in accordance with sec.115.930 of 
this title (relating to Compliance Dates).
[(2) All persons in Brazoria, Dallas, El Paso, Galveston, Harris, Jefferson, 
Orange, and Tarrant Counties affected by the provisions of sec.115. 324(2)(B)-
(C) of this title (relating to Inspection Requirements) and sec.115. 327(2) of 
this title (relating to Exemptions) shall be in compliance with these sections 
as soon as practicable, but no later than July 31, 1992.]
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 17, 1992.
TRD-9200947
Lane Hartsock
Deputy Director, Air Quality Planning
Texas Air Control Board
Proposed date of adoption: May 15, 1992
For further information, please call: (512) 908-1451
       
Fugitive Emission Control in Synthetic Organic Chemical, Polymer, Resin, Methyl 
Tert-Butyl Manufacturing Processes
31 TAC sec.sec.115.332-115.337, 115.339
The Texas Air Control Board (TACB) proposes amendments to sec.sec.115.332-115. 
337, and 115.339, concerning fugitive emission control in synthetic organic 
chemical, polymer, resin, and methyl tert-butyl ether manufacturing processes. 
The proposed changes have been developed in response to a requirement by the 
United States Environmental Protection Agency (EPA) to extend controls that 
currently exist in certain ozone nonattainment areas to newly-designated, 
adjacent nonattainment counties. This program is referred to as the "perimeter 
county catch-ups." The revisions are also intended to remove potentially 
confusing cross-references and to otherwise improve clarity.
The proposed changes to sec.115.332, concerning control requirements; sec.115. 
333, concerning alternate control requirements; sec.115.334, concerning 
inspection requirements; sec.115.335, concerning testing requirements; 
sec.115.336, concerning recordkeeping requirements; and sec.115.337, concerning 
exemptions, expand by definition the applicability of the requirements and 
remove potentially confusing cross-references. The proposed changes to 
sec.115.334, concerning inspection requirements, also add methyl tert-butyl 
ether (MTBE) manufacturing facilities to the list of facilities which may 
request a revised monitoring schedule. The proposed changes to sec.115.337, 
concerning exemptions, also move to a more appropriate location within this 
section the exemption for components which contact a process liquid containing 
volatile organic compounds having a true vapor pressure equal to or less than 
0.044 psia at 68 Degrees Fahrenheit. The proposed changes to sec.115.339, 
concerning counties and compliance schedules, specify applicable perimeter 
counties and previously-designated nonattainment counties, add a compliance date 
for the additional counties, and remove an obsolete paragraph.
Bennie Engelke, deputy director of administrative services, has determined that 
for the first five-year period the sections are in effect there would be no 
fiscal implications for state or local governments. Economic costs to persons 
and businesses required to implement the proposed measures are associated with 
fugitive monitoring and recordkeeping requirements and are estimated as follows: 
per affected component per required monitoring incident $1.00 for fiscal years 
1993-1996.
Lane Hartsock, deputy director of air quality planning, has determined that for 
each year of the first five years the sections are in effect the public benefit 
anticipated as a result of implementing the sections will be rules which are 
more uniformly applicable in all Texas ozone nonattainment areas and 
satisfaction of EPA requirements.
Public hearings on this proposal are scheduled for the following times and 
places: February 24, 1992, 7 p.m., John Gray Institute, 8550 Florida Avenue, 
Beaumont, February 25, 1992, 7 p.m., City of El Paso, Council Chambers, Second 
Floor, 2 Civic Center Plaza, El Paso, February 25, 1992, 11 a.m., City of 
Houston, Pollution Control Building Auditorium, 7411 Park Place Boulevard, 
Houston, February 26, 1992, 6 p.m., City of Arlington, Council Chambers, 101 
West Abram Street, Arlington.
Written comments not presented at the hearings may be submitted to the TACB 
central office in Austin through February 28, 1992. Material received by the 
Regulation Development Division by 4 p.m. on that date will be considered by the 
board prior to any final action on the proposed revisions. Copies of the 
proposed revisions are available at the central office of TACB located at 12124 
Park 35 Circle, Austin, Texas 78753, and at all TACB regional offices. For 
further information, contact Eddie Mack at (512) 908-1488.
The amendments are proposed under the Texas Clean Air Act (TCAA), sec.382.017, 
Texas Health and Safety Code Annotated (Vernon 1990), which provides TACB with 
the authority to adopt rules consistent with the policy and purposes of the 
TCAA.
sec.115.332. Control Requirements. <ol> For the <nl>Beaumont/Port Arthur, 
Dallas/Fort Worth, El Paso, and Houston/Galveston areas as defined in sec.115.10 
of this title (relating to Definitions)<ol> [counties referenced in sec.115.339 
of this title (relating to Counties and Compliance Schedules)], no person shall 
operate a synthetic organic chemical, polymer, resin, or methyl tert-butyl ether 
(MTBE) manufacturing process, natural gas/gasoline processing operation, as 
defined in sec.115.10 of this title without complying with the following control 
requirements.
(1)-(5) (No change.)
sec.115.333. Alternate Control Requirement. For all affected persons in the 
<nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston 
areas <ol> [counties referenced in sec.115.343 of this title (relating to 
Counties and Compliance Schedules)], the following alternate control 
requirements <nl>shall<ol> [may] apply:
(1)-(2) (No change.)
sec.115.334. Inspection Requirements. <ol> For all affected persons in the 
<nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston 
areas <ol> [counties referenced in sec.115.349 of this title (relating to 
Counties and Compliance Schedules)], the following inspection requirements shall 
apply.
(1)-(2) (No change.)
(3) The monitoring schedule of paragraph (1)(A)-(C) of this section may be 
modified as follows.
(A) After completion of the required annual and quarterly inspections for a 
period of at least two years, the operator of a synthetic organic chemical, 
polymer, [or] resin<nl>, or MTBE<ol> manufacturing facility may request in 
writing to the Texas Air Control Board that the monitoring schedule be revised 
based on the percent of valves leaking. The percent of valves leaking shall be 
determined by dividing the sum of valves leaking during current monitoring and 
valves for which repair has been delayed by the total number of valves subject 
to the requirements. This request shall include all data that have been 
developed to justify the following modifications in the monitoring schedule.
(i)-(ii) (No change.)
(B) (No change.)
sec.115.335. Testing Requirements. <ol> For the <nl>Beaumont/Port Arthur, 
Dallas/Fort Worth, El Paso, and Houston/Galveston areas <ol> [counties 
referenced in sec.115.339 of this title (relating to Counties and Compliance 
Schedules)], compliance with this undesignated head (relating to Fugitive 
Emission Control in Synthetic Organic Chemical, Polymer, Resin, and Methyl Tert-
Butyl Ether Manufacturing Processes) shall be determined by applying the 
following test methods, as appropriate:
(1)-(3) (No change.)
sec.115.336. Recordkeeping Requirement. <ol> For the <nl>Beaumont/Port Arthur, 
Dallas/Fort Worth, El Paso, and Houston/Galveston areas <ol> [counties 
referenced in sec.115.339 of this title (relating to Counties and Compliance 
Schedules)], the owner or operator of a synthetic organic chemical, polymer, 
resin, or methyl tert-butyl ether manufacturing process shall have the following 
recordkeeping requirements.
(1)-(4) (No change.)
sec.115.337. Exemptions.  For the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, 
El Paso, and Houston/Galveston areas <ol> [counties referenced in sec.115.339 of 
this title (relating to Counties and Compliance Schedules)], the following 
exemptions shall apply.
(1) (No change.)
[(2)  Components which contact a process liquid containing volatile organic 
compounds (VOC) having a true vapor pressure equal to or less than 0.044 psia 
(0. 3 kPa) at 68 Degrees Fahrenheit (20 Degrees Celsius) are exempt from the 
requirements of sec.115.334 of this title (relating to Inspection Requirements) 
if the components are inspected visually according to the inspection schedules 
specified within this same section.]
<nl>(2)<ol>[(3)] Synthetic organic chemical, polymer, <nl>resin <ol> [resins], 
and methyl tert-butyl ether (MTBE) manufacturing process units in a temporary 
nonoperating status shall submit a plan for compliance with the provisions of 
this undesignated head (relating to Fugitive Emission Control in Synthetic 
Organic Chemical, Polymer, Resin, and Methyl Tert-Butyl Ether Manufacturing 
Processes) within one month prior to start-up and be in compliance as soon as 
practicable, but no later than three months after start-up. All synthetic 
organic chemical, polymer, resin, and MTBE manufacturing processes affected by 
this section shall notify the Texas Air Control Board of any nonoperating 
process units when they are shut down and dates of any start-ups as they occur.
<nl>(3)<ol>[(4)] Processes at the same location, but unrelated to the production 
of synthetic organic chemicals, polymers, resins, and MTBE are exempt from the 
requirements of this undesignated head.
<nl>(4)<ol>[(5)] The following items are exempt from the monitoring requirements 
of sec.115.334 of this title (relating to Inspection Requirements):
(A)-(D) (No change.)
<nl>(E) components which contact a process liquid containing VOC having a true 
vapor pressure equal to or less than 0.044 psia (0.3 kPa) at 68 Degrees 
Fahrenheit (20 Degrees Celsius), if the components are inspected visually 
according to the inspection schedules specified within sec.115.334 of this 
title.
sec.115.339. Counties and Compliance Schedules.<nl> All affected persons in 
Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, 
Hardin, Jefferson, Liberty, Montgomery, Orange, Tarrant, and Waller Counties 
shall be in compliance with this undesignated head (relating to Fugi- tive 
Emission Control in Natural Gas/Gasoline Processing Operations) as soon as 
practicable, but no later than July 31, 1993.<ol> [All affected persons in 
Harris County shall be in compliance with this undesignated head (relating to 
Fugitive Emission Control in Natural Gas/Gasoline Processing Operations) in 
accordance with all compliance schedules which have expired prior to January 1, 
1991, in accordance with sec.115.930 of this title (relating to Compliance 
Dates), except that all persons affected by the addition of methyl tert-butyl 
ether manufacturing processes to sec.115.332 of this title (relating to Control 
Requirements), sec.115.334(1) and (2) of this title (relating to Inspection 
Requirements), sec.115.335 of this title (relating to Testing Requirements),  
s115.336 of this title (relating to Recordkeeping Requirements), sec.115.337 of 
this title (relating to Exemptions) shall be in compliance with these sections 
as soon as practicable, but no later than July 31, 1992.]
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas on January 17, 1992.
TRD-9200948
Lane Hartsock
Deputy Director, Air Quality Planning
Texas Air Control Board
Proposed date of adoption: May 15, 1992
For further information, please call: (512) 908-1451
       
Fugitive Emission Control in Natural Gas/Gasoline Operations
31 TAC sec.sec.115.342-115.347, 115.349
The Texas Air Control Board (TACB) proposes amendments to sec.sec.115.342- 115. 
347, and 115.349, concerning fugitive emission control in natural gas/gasoline 
processing operations. The proposed changes have been developed in response to a 
requirement by the United States Environmental Protection Agency (EPA) to extend 
controls that currently exist in certain ozone nonattainment areas to newly-
designated, adjacent nonattainment counties. This program is referred to as the 
"perimeter county catch-ups." The revisions are also intended to remove 
potentially confusing cross-references and to otherwise improve clarity.
The proposed changes to sec.115.342, concerning control requirements; sec.115. 
343, concerning alternate control requirements; sec.115.344, concerning 
Inspection Requirements; sec.115.345, concerning testing requirements; 
sec.115.346, concerning recordkeeping requirements; and sec.115.347, concerning 
exemptions, expand by definition the applicability of the requirements and 
remove potentially confusing cross-references. The proposed changes to 
sec.115.349, concerning counties and compliance schedules, specify applicable 
perimeter counties and previously-designated non-attainment counties, add a 
compliance date for the additional counties, and remove an obsolete paragraph.
Bennie Engelke, deputy director of administrative services, has determined that 
for the first five-year period the sections are in effect there would be no 
fiscal implications for state or local governments. Economic costs to persons 
and businesses required to implement the proposed measures are associated with 
fugitive monitoring and recordkeeping requirements and are estimated as follows: 
per affected component per required, monitoring incident $1.00 for fiscal years 
1993-1996.
Any costs continuing beyond 1996 would be continuing monitoring and 
recordkeeping costs. All estimates are stated in 1992 dollars with no 
adjustments for inflation.
Lane Hartsock, deputy director of air quality planning, has determined that for 
each year of the first five years the sections are in effect the public benefit 
anticipated as a result of implementing the sections will be rules which are 
more uniformly applicable in all Texas ozone nonattainment areas and 
satisfaction of EPA requirements.
Public hearings on this proposal are scheduled for the following times and 
places: February 24, 1992, 7 p.m., John Gray Institute, 8550 Florida Avenue, 
Beaumont; February 25, 1992, 7 p.m., City of El Paso, Council Chambers, Second 
Floor, 2 Civic Center Plaza, El Paso; February 25, 1992, 11 a.m., City of 
Houston, Pollution Control, Building Auditorium, 7411 Park Place Boulevard, 
Houston; February 26, 1992, 6 p.m., City of Arlington, Council Chambers, 101 
West Abram Street, Arlington.
Written comments not presented at the hearings may be submitted to the TACB 
central office in Austin through February 28, 1992. Material received by the 
Regulation Development Division by 4 p.m. on that date will be considered by the 
board prior to any final action on the proposed revisions. Copies of the 
proposed revisions are available at the central office of TACB located at 12124 
Park 35 Circle, Austin, Texas 78753, and at all TACB regional offices. For 
further information, contact Eddie Mack at (512) 908-1488.
The amendments are proposed under the Texas Clean Air Act (TCAA), sec.382.017, 
Texas Health and Safety Code Annotated (Vernon 1990), which provides TACB with 
the authority to adopt rules consistent with the policy and purposes of the 
TCAA.
sec.115.342. Control Requirements. <ol> For the <nl>Beaumont/Port Arthur, 
Dallas/Fort Worth, El Paso, and Houston/Galveston areas as defined in sec.115.10 
of this title (relating to Definitions)<ol> [counties referenced in sec.115.349 
of this title (relating to Counties and Compliance Schedules)], no person shall 
operate a natural gas/gasoline processing operation, as defined in sec.115.10 of 
this title without complying with the following control requirements.
(1)-(5) (No change.)
sec.115.343. Alternate Control Requirements. For all affected persons in the 
<nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston 
areas <ol> [counties referenced in sec.115.349 of this title (relating to 
Counties and Compliance Schedules)], the following alternate control 
requirements <nl>shall<ol> [may] apply:
(1)-(2) (No change.)
sec.115.344. Inspection Requirements. <ol> For all affected persons in the 
<nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston 
areas <ol> [counties referenced in sec.115.349 of this title (relating to 
Counties and Compliance Schedules)], the following inspection requirements shall 
apply.
(1)-(3) (No change.)
sec.115.345. Testing Requirements. <ol> For the <nl>Beaumont/Port Arthur, 
Dallas/Fort Worth, El Paso, and Houston/Galveston areas <ol> [counties 
referenced in sec.115.349 of this title (relating to Counties and Compliance 
Schedules)], compliance with this undesignated head shall be determined by 
applying the following test methods, as appropriate:
(1)-(3) (No change. )
sec.115.346. Recordkeeping Requirements. <ol> For the <nl>Beaumont/Port Arthur, 
Dallas/Fort Worth, El Paso, and Houston/Galveston areas <ol> [counties 
referenced in sec.115.349 of this title (relating to Counties and Compliance 
Schedules)], the owner or operator of a natural gas/gasoline processing 
operation shall have the following recordkeeping requirements.
(1)-(4) (No change.)
sec.115.347. Exemptions.  For the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, 
El Paso, and Houston/Galveston areas <ol> [counties referenced in sec.115.349 of 
this title (relating to Counties and Compliance Schedules)], the following 
exemptions shall apply.
(1)-(2) (No change.)
(3)  Natural gas/gasoline processing units in a temporary nonoperating status 
and which satisfy the conditions of  <nl>paragraphs<ol> [subsections] (1)-(2) of 
this section are exempt from the requirements of this undesignated head 
(relating to Fugitive Emission Control in Natural Gas/Gasoline Processing 
Operations). All natural gas/gasoline processing operations affected by this 
<nl>section <ol> [subsection] shall notify the Texas Air Control Board of any 
nonoperating process units when they are shut down and dates of any start-ups as 
they occur.
(4)-(6) (No change.)
sec.115.349. Counties and Compliance Schedules.<nl> All affected persons in 
Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, 
Hardin, Jefferson, Liberty, Montgomery, Orange, Tarrant, and Waller Counties 
shall be in compliance with this undesignated head (relating to Fugi- tive 
Emission Control in Natural Gas/Gasoline Processing Operations) as soon as 
practicable, but no later than July 31, 1993.<ol> [All affected persons in 
Harris County shall be in compliance with this undesignated head (relating to 
Fugitive Emission Control in Natural Gas/Gasoline Processing Operations) in 
accordance with all compliance schedules which have expired prior to January 1, 
1991, in accordance with sec.115.930 of this title (relating to Compliance 
Dates), except that all persons affected by sec.115.347(2) of this title 
(relating to Exemptions) and the deletion of exemptions for two-inch valves, 
shall be in compliance with these sections as soon as practicable, but no later 
than July 31, 1992.]
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas on January 17, 1992.
TRD-9200949
Lane Hartsock
Deputy Director, Air Quality Planning
Texas Air Control Board
Proposed date of adoption: May 15, 1992
For further information, please call: (512) 908-1451
       
Subchapter E. Solvent-Using Processes
Degreasing Processes
31 sec.sec.115.412, 115.413, 115.415-115.417, 115.419
The Texas Air Control Board (TACB) proposes amendments to sec.sec.115.412, 115. 
413, 115.415-115.417, and 115.419, concerning degreasing processes. The proposed 
changes have been developed in response to a requirement by the United States 
Environmental Protection Agency (EPA) to extend the controls that currently 
exist in certain ozone nonattainment areas to other previously-designated 
nonattainment areas. This program is referred to as "leveling the playing field. 
" The proposed changes have also been developed in response to a requirement by 
EPA to extend controls that currently exist in certain ozone nonattainment areas 
to newly-designated, adjacent nonattainment counties. This program is referred 
to as the "perimeter county catch-ups." The revisions are also intended to 
remove potentially confusing cross-references and to otherwise improve clarity. 
Additionally, existing requirements for Gregg, Nueces, and Victoria Counties 
have been moved into a separate subsection in each section. However, no new 
requirements are intended for these three counties.
The proposed changes to sec.115.412, concerning control requirements; sec.115. 
413, concerning alternate control requirements; sec.115.415, concerning testing 
requirements; and sec.115.416, concerning recordkeeping requirements, expand by 
definition the applicability of the requirements and remove potentially 
confusing cross-references. The proposed changes to sec.115.412 also extend a 
prohibition against the degreasing of porous or absorbent materials, such as 
cloth, leather, wood, or rope, from vapor degreasing in sec.115.412(a)(2) and 
(b) (2) to cold solvent cleaning in sec.115.412(a)(1) and (b)(1) and 
conveyorized vapor degreasing in sec.115.412(a)(3) and (b)(3). The proposed 
changes to sec.115. 417, concerning exemptions, expand by definition the current 
requirements for facilities in Dallas, El Paso, Harris, and Tarrant Counties by 
eliminating the 550 pound per day exemption in Brazoria, Galveston, Jefferson, 
and Orange Counties and also remove potentially confusing cross-references. The 
proposed changes to sec.115.419, concerning counties and compliance schedules, 
specify applicable perimeter counties, add a compliance date for the new 
requirements and the additional counties, and remove obsolete paragraphs.
Bennie Engelke, deputy director of administrative services, has determined that 
for the first five-year period the sections are in effect there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the sections.
Lane Hartsock, deputy director of air quality planning, has determined that for 
the first five-year period the sections are in effect the public benefit 
anticipated as a result of enforcing the sections will be rules which are more 
uniformly applicable in all Texas ozone nonattainment areas, and satisfaction of 
EPA requirements. There will be no effect on small business. The anticipated 
economic cost to person and businesses required to implement the proposed 
measures are associated with the expanded abatement requirement and are 
estimated as follows: per facility, the cost will be $0 for fiscal year 1992 and 
5,000 for fiscal years 1993-1996. Any costs continuing beyond 1996 would be 
continuing maintenance costs. All estimates are stated in 1992 dollars with no 
adjustments for inflation and assume continuing costs equal to those incurred 
during 1992-1996.
Public hearings on this proposal are scheduled for the following times and 
places: February 24, 1992, 7 p.m., John Gray Institute, 8550 Florida Avenue, 
Beaumont; February 25, 1992, 7 p.m., City of El Paso, Council Chambers, Second 
Floor, 2 Civic Center Plaza, El Paso; February 25, 1992, 11 a.m., City of 
Houston, Pollution Control, Building Auditorium, 7411 Park Place Boulevard, 
Houston; and February 26, 1992, 6 p.m. City of Arlington, Council Chambers, 101 
West Abram Street, Arlington.
Written comments not presented at the hearings may be submitted to the TACB 
central office in Austin through February 28, 1992. Material received by the 
Regulation Development Division by 4 p.m. on that date will be considered by the 
Board prior to any final action on the proposed revisions. Copies of the 
proposed revisions are available at the central office of the TACB located at 
12124 Park 35 Circle, Austin, Texas 78753, and at all TACB regional offices. For 
further information, contact Eddie Mack at (512) 908-1488.
The amendments are proposed under the Texas Clean Air Act (TCAA) sec.382.017, 
Texas Health and Safety Code (Vernon 1990), which provides TACB with the 
authority to adopt rules consistent with the policy and purposes of TCAA.
sec.115.412. Control Requirements.
(a) For all persons in the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, 
and Houston/Galveston areas as defined in sec.115.010 of this title (relating to 
Definitions)<ol> [counties referenced in sec.115.129(a) of this title (relating 
to Counties and Compliance Schedules)], the following control requirements shall 
apply.
(1) No person shall own or operate a system utilizing a volatile organic 
compound (VOC) for the cold cleaning of objects without the following controls.
(A)-(E) (No change.)
(F) The operating procedures shall be as follows.
(i)-(iii) (No change.)
<nl>(iv)<nl> Porous or absorbent materials, such as cloth, leather, wood, or 
rope, shall not be degreased.
(2) (No change.)
(3) No person shall own or operate a system utilizing a VOC for the conveyorized 
cleaning of objects without the following controls:
(A)-(H) (No change.)
(I) the following operating procedures.
(i)-(vii) (No change.)
<nl>(viii)<nl> Porous or absorbent materials, such as cloth, leather, wood, or 
rope, shall not be degreased.
<nl>(b) For Gregg, Nueces, and Victoria Counties, the following control 
requirements shall apply.
<nl>(1) No person shall own or operate a system utilizing a VOC for the cold 
cleaning of objects without the following controls.
<nl>(A) A cover shall be provided for each cleaner which shall be kept closed 
whenever parts are not being handled in the cleaner. The cover shall be designed 
for easy one-handed operation if any of the following exists:
<nl>(i)<nl> the true vapor pressure of the solvent is greater than 0. 3 psia (2 
kPa) as measured at 100 Degrees Fahrenheit (38 Degrees Celsius);
<nl>(ii)<nl> the solvent is agitated; or
<nl>(iii) <nl> the solvent is heated.
<nl>(B) An internal cleaned-parts drainage facility, for enclosed draining under 
a cover shall be provided for all cold cleaners.
<nl>(C) A permanent label summarizing the operating requirements in paragraph 
(1)(F) of this subsection shall be attached to the cleaner in a conspicuous 
location near the operator.
<nl>(D) If a solvent spray is used it must be a solid fluid stream (not a fine, 
atomized, or shower-type spray) and at an operating pressure of 10 psia or less 
as necessary to prevent splashing above the acceptable freeboard.
<nl>(E) The system shall be equipped with a freeboard that provides a ratio (the 
freeboard height divided by the degreaser width) equal to or greater than 0.7, 
or a water cover (solvent must be insoluble in and heavier than water).
<nl>(F)  The operating procedures shall be as follows.
<nl>(i)<nl> Waste solvent shall not be disposed of or transferred to another 
party such that the waste solvent can evaporate into the atmosphere. Waste 
solvents shall be stored only in covered containers.
<nl>(ii)<nl> The degreaser cover shall be kept closed whenever parts are not 
being handled in the cleaner.
<nl>(iii) Parts shall be drained for at least 15 seconds or until dripping 
ceases.
<nl>(iv) Porous or absorbent materials, such as cloth, leather wood, or rope, 
shall not be degreased.
<nl>(2) No person shall own or operate a system utilizing a VOC for the open-top 
vapor cleaning of objects without the following controls.
<nl>(A) a cover that can be opened and closed easily without disturbing the 
vapor zone;
<nl>(B) the following devices which will automatically shut off the pump heat:
<nl>(i)<nl> a condenser coolant flow sensor and thermostat which will detect if 
the condenser coolant is not circulating or if the condenser coolant temperature 
exceeds the solvent manufacturer's recommendations;
<nl>(ii)<nl> a solvent level sensor which will detect if the solvent level drops 
below acceptable design limits; and
<nl>(iii) a vapor level sensor which will detect if the vapor level rises above 
acceptable design limits.
<nl>(C) a spray safety switch which will shut off the spray pump to prevent 
spraying above the vapor level;
<nl>(D) one of the following controls:
<nl>(i)<nl> a freeboard that provides a ratio (the distance from the top of the 
vapor level to the top edge of the degreasing tank divided by the degreaser 
width) equal to or greater than 0.75 and, if the degreaser opening is greater 
than 10 ft <nl> (1m <nl>), a powered cover;
<nl>(ii)<nl> a properly-sized, refrigerated chiller capable of achieving 85% or 
greater control of VOC emissions;
<nl>(iii)<nl> an enclosed design where the cover or door opens only when the dry 
part is actually entering or existing the degreaser; or
<nl>(iv)<nl> a carbon adsorption system with ventilation equal to or greater 
than 50 cfm/ft <nl> (15m <nl>/min per m point=4.52p set=4.92p ) of air/vapor 
area (with the cover open) and exhausting less than 25 ppm of solvent by volume 
averaged over one complete adsorption cycle;
<nl>(E) a permanent, conspicuous, label summarizing the operating procedures 
listed in paragraph (2)(F) of this subsection.
<nl>(F) the following operating procedures.
<nl>(i)<nl> The cover shall be closed at all times, except when processing work 
loads through the degreaser.
<nl>(ii)<nl> Parts shall be positioned so that complete drainage is obtained.
<nl>(iv)<nl> Parts shall be moved in and out of the degreaser at less than 11 
ft/min (3.3 m/min).
<nl>(iv)<nl> The work load shall be retained in the vapor zone at least n 
seconds or until condensation ceases.
<nl>(v)<nl> Any pools of solvent on the cleaned parts shall be removed by 
tipping the part before withdrawing it from the vapor zone.
<nl>(vi)<nl> Parts shall be allowed to dry within the degreaser freeboard area 
for at least 15 seconds or until visually dry.
<nl>(vii) <nl> Porous or absorbent materials, such as cloth, leather, wood, or 
rope, shall not be degreased.
<nl>(viii)<nl> Work loads shall not occupy more than half of the degreaser open 
top surface area.
<nl>(ix) <nl> Solvent shall not be sprayed above the vapor level.
<nl>(xi) <nl> Solvent leaks shall be repaired immediately, or the degreaser 
shall be shut down until repairs are made.
<nl>(x)<nl> Waste solvent shall not be disposed of or transferred to another 
party such that the waste solvent will evaporate into the atmosphere. Waste 
solvent shall be stored only in covered containers.
<nl>(xii)<nl> Exhaust ventilation for systems other than those which vent to a 
major control device shall not exceed 65cfm per ft (20 m <nl>/min per m 
point=4.52p set=4.92p ) of degreaser open area, unless necessary to meet 
Occupational Safety and Health Administration requirements or unless a carbon 
adsorption system is installed as a major control device. Ventilation fans or 
other sources of air agitation shall not be used near the degreaser opening.
<nl>(xiii)<nl> Water shall not be visibly detectable in the solvent existing the 
water separator.
<nl>(3) No Person shall own or operate a system utilizing a VOC for the 
conveyorized cleaning of objects without the following controls:
<nl>(A) one of the following major control devices:
<nl>(i)<nl> a properly-sized, refrigerated chiller capable of achieving 85% or 
greater control of VOC emissions; or
<nl>(ii)<nl> a carbon adsorption system with ventilation equal to or greater 
than 50 cfm/ft <nl> (15 m point=4.52p set=4.92p /min/m point=4.52p set=4.92p ) 
of air vapor area (when downtime covers are open) and exhausting less than 25 
ppm of solvent by volume averaged over one complete adsorption cycle;
<nl>(B) a drying tunnel or other means. such as rotating (tumbling) basket if 
space is available, to prevent solvent liquid or vapor carry-out;
<nl>(C) a condenser flow switch and thermostat which will shut off pump heat if 
the condenser coolant is not circulating or if the condenser coolant discharge 
temperature exceeds the solvent manufacturer's recommendation;
<nl>(D) a spray safety switch which will shut off the spray pump if the vapor 
level drops more than four inches (10 cm);
<nl>(E) a vapor level control thermostat which will shut off the pump heat when 
the vapor level rises above the designed operating level;
<nl>(F) entrances and exits which silhouette work loads so that the average 
clearance (between parts and edge of the degreaser opening) is either less than 
four inches (10 cm) or less than 10% of the width of the opening;
<nl>(G) downtime covers which close off the entrance and exit during 
nonoperating hours;
<nl>(H) a permanent, conspicuous label near the operator summarizing the 
operating requirements in subparagraph (I) of this paragraph;
<nl>(I)  he following operating procedures.
<nl>(i)<nl> Exhaust ventilation for systems other than those which vent to a 
major control device shall not exceed 65 cfm/ft point=4.52p set=4.92p  (20 
m/min/m point=4.52p set=4.92p ) of degreaser opening, unless necessary to meet 
Occupational Safety and Health Administration requirements or unless a carbon 
adsorption system is installed as a major control device. Ventilation fans shall 
not be used near the degreaser opening.
<nl>(ii)<nl> Parts shall be positioned so that complete drainage is obtained.
<nl>(iii) <nl> Vertical conveyor speed shall be maintained at less than 11 
ft/min (3.3 m/min).
<nl>(iv)<nl> Waste solvent shall not be disposed of or transferred to another 
party such that the waste solvent can evaporate into atmosphere. Waste solvent 
shall be stored only in covered containers.
<nl>(v)<nl> Leaks shall be repaired immediately or the degreaser shall be shut 
down until repairs are made.
<nl>(vi)<nl> Water shall not be visibly detectable in the solvent exiting the 
water separator.
<nl>(vii)<nl> Downtime covers shall be placed over entrances and exits of 
conveyorized greasers immediately after the conveyor and exhaust are shut down 
and removed just before they are started up.
<nl>(viii) <nl> Porous or absorbent materials, such as cloth, leather, wood, or 
rope, shall not be degreased.
sec.115.413. Alternate Control Requirements.
<nl>(a) For all affected persons in <nl>Beaumont/Port Arthur, Dallas/Fort Worth, 
El Paso, and Houston/Galveston areas <ol> [the counties referenced in 
sec.115.419 of this title (relating to Counties and Compliance Schedules)], 
alternate methods of demonstrating and documenting continuous compliance with 
the applicable control requirements or exemption criteria in this section may be 
approved by the executive director in accordance with sec.115.910 of this title 
(relating to Alternate Means of Control) if emission reductions are demonstrated 
to be substantially equivalent.
(1) An alternative capture and control system for cold solvent cleaners with a 
demonstrated overall volatile organic compound (VOC) emission reduction 
efficiency of 65% or greater may be used in lieu of the requirements of 
sec.115.412 <nl>(a)<ol>(1) of this title (relating to Control Requirements), if 
approved by the executive director.
(2) An alternate capture and control system for open-top vapor or conveyorized 
degreasers with a demonstrated overall VOC emission reduction efficiency of 85% 
or greater may be used in lieu of the requirements of sec.115.412<nl>(a) 
<ol>(2)(D) or <nl>(a)  <ol>(3)(A) of this title (relating to Control 
Requirements), if approved by the executive director.
<nl>(b) For all affected persons in Gregg, Nueces, and Victoria Counties, 
alternate methods of demonstrating and documenting continuous compliance with 
the applicable control requirements or exemption criteria in this section may be 
approved by the executive director in accordance with sec.115.910 of this title 
(relating to Alternate Means of Control) if emission reductions are demonstrated 
to be substantially equivalent.
<nl>(1) An alternative capture and control system for cold solvent cleaners with 
a demonstrated overall VOC emission reduction efficiency of 65% or greater may 
be used in lieu of the requirements of sec.115.412(b)(1) of this title (relating 
to Control Requirements), if approved by the executive director.
<nl>(2) An alternate capture and control system for open-top vapor or 
conveyorized degreasers with a demonstrated overall VOC emission reduction 
efficiency of 85% or greater may be used in lieu of the requirements of sec.115. 
412(b)(2)(D) or (b)(3)(A) of this title (relating to Control Requirements), if 
approved by the executive director.
sec.115.15. Testing Requirements.
<nl>(a) For the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas<ol> [counties referenced in sec.115.419 of this title 
(relating to Counties and Compliance Schedules)], the following testing 
requirements shall apply.
(1) Compliance with sec.115.412<nl>(a) <ol>(1) of this title (relating to 
Control Requirements) shall be determined by applying the following test 
methods, as applicable:
(A)-(B) (No change.)
(2) Compliance with sec.115.412<nl>(a) <ol>(2)(D)(iv) and <nl>(a) <ol>(3) 
(A)(ii) of this title (relating to Control Requirements) and sec.115.413 <nl>(a) 
<ol>(2) of this title (relating to Alternate Control Requirements) shall be 
determined by applying the following test methods, as appropriate:
(A)-(E)  (No change.)
<nl>(b) For Gregg, Nueces, and Victoria Counties, the following testing 
requirements shall apply.
<nl>(1) Compliance with  s115.412(b)(1) of this title (relating to Control 
Requirements) shall be determined by applying the following test methods, as 
applicable:
<nl>(A)  determination of true vapor pressure using ASTM Test Method D323-82 for 
the measurement of Reid vapor pressure, adjusted for actual storage temperature 
in accordance with API Publication 2517, Third Edition, 1989; or
<nl>(B)  minor modifications to these test methods and procedures approved by 
the executive director.
<nl>(2) Compliance with  s115.412(b)(2)(D)(iv) and (b)(3)(A)(ii) of this title 
(relating to Control Requirements) and sec.115. 413(b)(2) of this title 
(relating to Alternate Control Requirements) shall be determined by applying the 
following test methods, as appropriate:
<nl>(A)  Test Methods 1-4 (40 Code of Federal Regulations 60, Appendix A) for 
determining flow rates, as necessary;
<nl>(B) Test Method 18 (40 Code of Federal Regulations 60, Appendix A) for 
determining gaseous organic compound emissions by gas chromatography:
<nl>(C) Test Method 25 (40 Code of Federal Regulations 60, Appendix A) for 
determining total gaseous nonmethane organic emissions as carbon;
<nl>(D) Test Methods 25A or 25B (40 Code of Federal Regulations 60, Appendix A) 
for determining total gaseous organic concentrations using flame ionization or 
nondispersive infrared analysis; or
<nl>(E) minor modifications to these test methods and procedures approved by the 
executive director.
sec.115.416. Recordkeeping Requirements.
<nl>(a) For the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas<ol> [counties referenced in sec.115.419 of this title 
(relating to Counties and Compliance Schedules)], the owner or operator of any 
open-top vapor or conveyorized degreasing operation shall maintain the following 
records at the facility for at least two years and shall make such records 
available upon request to representatives-of the Texas Air Control Board 
<nl>(TACB) <ol>, United States Environmental Protection Agency <nl>(EPA) <ol>, 
or the local air pollution control agency having jurisdiction in the area:
(1)-(2) (No change.)
<nl>(b) For Gregg, Nueces, and Victoria Counties, the owner or operator of any 
open-top vapor or conveyorized degreasing operation shall maintain the following 
records at the facility for at least two years and shall make such records 
available upon request to representatives of TACB, EPA, or the local air 
pollution control agency having jurisdiction in the area:
<nl>(1) a record of control equipment maintenance. such as replacement of the 
carbon in a carbon adsorption unit;
<nl>(2) the results of all tests conducted at the facility in accordance with 
the requirements described in sec.115.415(b)(2) of this title (relating to 
Testing Requirements).
sec.115.17. Exemptions.
<nl>(a) For the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas<ol> [counties referenced in sec.115.419 of this title 
(relating to Counties and Compliance Schedules)], the following exemptions shall 
apply.
(1) Any cold solvent cleaning system is exempt from the provisions of 
sec.115.412<nl>(a)<ol>(1)(B) of this title (relating to Control Requirements) 
and may use an external drainage facility in place of an internal type drainage 
system, if the true vapor pressure of the solvent is less than or equal to 0.6 
psia (4.1 kPa) as measured at 100 Degrees Fahrenheit (38 Degrees Celsius) or if 
a cleaned part cannot fit into an internal drainage facility.
(2) Any cold solvent cleaning system is exempt from the requirements of 
sec.115.412<nl>(a)<ol>(1)(E) of this title (relating to Control Requirements), 
if the true vapor pressure of the solvent is less than or equal to 0.6 psia (4.1 
kPa) as measured at 100 Degrees Fahrenheit (38 Degrees Celsius), or if the 
solvent is not heated above 120 Degrees Fahrenheit (49 Degrees Celsius).
(3)<nl> Until July 31, 1993, degreasing<ol> [Degreasing] operations located on 
any property in <nl>Brazoria, Galveston, Jefferson, and Orange Counties<ol> [any 
affected counties except Dallas, El Paso, Harris, and Tarrant] which can emit, 
when uncontrolled, a combined weight of volatile organic compounds (VOC) less 
than 550 pounds (249.5 kg) in any consecutive 24-hour period are exempt from the 
provisions of sec.115.412<nl>(a)<ol> of this title (relating to Control 
Requirements).
(4) Any conveyorized degreaser with less than 20 ft point=4.52p set=4.92p 2 (2 m 
point=4.52p set=4.92p 2) of air/vapor interface is exempt from the requirement 
of sec.115.412<nl>(a)(3)(A) of this title (relating to Control Requirements).
(5) Any open-top vapor degreaser with an open area less than 10 ft (1 m) is 
exempt from the refrigerated chiller or the carbon adsorber requirements in 
sec.115.412<nl>(a) <ol>(2)(D)(ii) and (iv) of this title (relating to Control 
Requirements).
(6) An owner or operator who operates a remote reservoir cold solvent cleaner 
which uses solvent with a true vapor pressure equal to or less than 0.6 psia 
(4.1 kPa) measured at 100 Degrees Fahrenheit (38 Degrees Celsius) and which has 
a drain area less than 16 in (100 cm) and who properly disposes of waste solvent 
in enclosed containers is exempt from sec.115. 412<nl>(a)<ol>(1) of this title 
(relating to Control Requirements).
<nl>(b) For Gregg, Nueces, and Victoria Counties, the following exemptions shall 
apply.
<nl>(1) Any cold solvent cleaning system is exempt from the provisions of 
sec.115.412(b)(1)(B) of this title (relating to Control Requirements) and may 
use an external drainage facility in place of an internal type drainage system, 
if the true vapor pressure of the solvent is less than or equal to 0.6 psia (4. 
1 kPa) as measured at 100 Degrees Fahrenheit (38 Degrees Celsius) or if a 
cleaned part cannot fit into an internal drainage facility.
<nl>(2)  Any cold solvent cleaning system is exempt from the requirements of 
sec.115. 412(b)(1)(E) of this title (relating to Control Requirements). If the 
true vapor pressure of the solvent is less than or equal to 0.6 psia (4.1 kPa) 
as measured at 100 Degrees Fahrenheit (38 Degrees Celsius) or if the solvent is 
not heated above 120 Degrees Fahrenheit (49 Degrees Celsius).
<nl>(3) Degreasing operations located on any property which can emit, when 
uncontrolled a combined weight of VOC less than 550 pounds (249.5 kg) in any 
consecutive 24-hour period are exempt from the provisions of sec.115.412(b) of 
this title (relating to Control Requirements).
<nl>(4) Any conveyorized degreaser with less than 20 ft point=4.52p set=4.92p  
(2 m) of air/vapor interface is exempt from the requirement of 
sec.115.412(b)(3)(A) of this title (relating to Control Requirements).
<nl>(5) Any open-top vapor degreaser with an open area less than 10 ft 
point=4.52p set=4.92p  (1 m <nl>) is exempt from the refrigerated chiller or 
carbon adsorber requirements in  s115.412(b)(2)(D)(ii) and (iv) of this title 
(relating to Control Requirements).
<nl>(6) An owner or operator who operates a remote reservoir cold solvent 
cleaner which uses solvent with a true vapor pressure equal to or less than 0.6 
psia (4.1 kPa) measured at 100 Degrees Fahrenheit (38 Degrees Celsius) and which 
has a drain area less than 16 in point=4.52p set=4.92p  (100 cm and who properly 
disposes of waste solvent in enclosed containers is exempt from 
sec.115.412(b)(1) of this title (relating to Control Requirements).
sec.115.419. Counties and Compliance Schedules.
<nl>(a) All affected persons in Chambers, Collin, Denton, Fort Bend, Hardin, 
Liberty, Montgomery, and Waller, Counties shall be in compliance with 
sec.115.412(a) of this title (relating to Control Requirements), sec.115.413(a) 
of this title (relating to Alternate Control Requirements) sec.115.415(a) of 
this title (relating to Testing Requirements) sec.115.416(a) of this title 
relating to Recordkeeping Requirements), and sec.115.417(a) of this title 
(relating to Exemptions) as soon as practicable, but no later than July 31, 
1993.
<nl>(b) All persons in Brazoria Galveston, Jefferson, and Orange Counties 
affected by the provisions of sec.115.417(a)(3) of this title (relating to 
Exemptions) shall be in compliance with this section as soon as practicable but, 
no later than July 31, 1993.
[All affected persons in Brazoria, Dallas, El Paso, Galveston, Gregg, Harris, 
Jefferson, Nueces, Orange, Tarrant, and Victoria Counties shall be in compliance 
with this undesignated head (relating to Degreasing Processes) in accordance 
with the following schedules.]
[(1) All affected persons shall be in compliance with all compliance schedules 
which have expired prior to January 1, 1991, in accordance with sec.115.930 of 
this title (relating to Compliance Dates).
[(2) All persons in El Paso County affected by the provisions of sec.115.417(3) 
of this title (relating to Exemptions) shall be in compliance with this section 
as soon as practicable, but no later than July 31, 1992.
[(3) All persons in Dallas, Harris, and Tarrant Counties affected by the 
deletion of any exemptions from sec.115.417 of this title (relating to 
Exemptions) shall be in compliance with this section as soon as practicable, but 
no later than July 31, 1992.]
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 17, 1992.
TRD-9200950
Lane Hartsock
Deputy Director, Air Quality Planning
Texas Air Control Board
Proposed of adoption: May 15, 1992
For further information, please call: (512) 908-1451
       
Surface Coating Processes
31 TAC sec.sec.115.421-115.427, 115.429
The Texas Air Control Board (TACB) proposes amendments to sec.sec.115.421-115. 
427, and 115.429, concerning surface coating processes. The proposed changes 
have been developed in response to a requirement by the U.S. Environmental 
Protection Agency (EPA) to extend the controls that currently exist in certain 
ozone nonattainment areas to other previously-designated nonattainment areas. 
This program is referred to as "leveling the playing field." The proposed 
changes have also been developed in response to a requirement by EPA to extend 
controls that currently exist in certain ozone nonattainment areas to newly-
designated, adjacent non-attainment counties. This program is referred to as the 
"perimeter county catch-ups." The revisions are also intended to remove 
potentially confusing cross-references and to otherwise improve clarity. 
Additionally, existing requirements for Gregg, Nueces, and Victoria Counties 
have been moved into a separate subsection in each section. However, no new 
requirements are intended for these three counties.
The proposed changes to sec.115.421, concerning emission specifications; 
sec.115.422, concerning control requirements; sec.115.423, concerning alternate 
control requirements;  s115.424, concerning inspection requirements; 
sec.115.425, concerning testing requirements; sec.115.426, concerning 
Recordkeeping Requirements; and sec.115.427, concerning exemptions, expand by 
definition the applicability of the requirements, and remove potentially 
confusing cross-references. The proposed changes to sec.115.421 also expand to 
Brazoria, El Paso, Galveston, Harris, Jefferson, and Orange Counties the 
applicability of existing control requirements in Dallas and Tarrant Counties 
for prime coating of the exterior of assembled aircraft and for the sale of 
architectural coatings. The proposed changes to sec.115.427, concerning 
exemptions, expand the applicability of existing control requirements for 
facilities in Dallas, El Paso, Harris, and Tarrant Counties by eliminating the 
550 pound per day exemption in Brazoria, Galveston, Jefferson, and Orange 
Counties. The proposed changes to sec.115.429, concerning counties and 
compliance schedules, specify applicable perimeter counties, add a compliance 
date for the new requirements and the additional counties, and remove obsolete 
paragraphs.
Bennie Engelke, deputy director of administrative services, has determined that 
for the first five-year period the sections are in effect there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the sections.
Lane Hartsock, deputy director of air quality planning, has determined that for 
the first five-year period the sections are in effect the public benefit 
anticipated as a result of enforcing the sections will be rules which are more 
uniformly applicable in all Texas ozone nonattainment areas and satisfaction of 
EPA requirements. There will be no effect on small businesses. The anticipated 
economic cost to persons and businesses required to implement the proposed 
measures are associated with the expanded abatement, monitoring, and 
recordkeeping requirements and are estimated as follows: per facility control 
unit: $0 for fiscal year 1992 and $50,000 for fiscal years 1993-1996; per 
volatile organic compound monitoring unit: $0 for fiscal year 1992 and $15,000 
for fiscal years 1993-1996. Any costs continuing beyond 1996 would be continuing 
operating, maintenance, and recordkeeping requirements. All estimates are stated 
in 1992 dollars with no adjustments for inflation and assume continuing costs 
equal to those incurred during 1992-1996.
Public hearings on this proposal are scheduled for the following times and 
places: February 24, 1992, 7 p.m., John Gray Institute, 8550 Florida Avenue, 
Beaumont; February 25, 1992, 7 p.m., City of El Paso, Council Chambers, Second 
Floor, 2 Civic Center Plaza, El Paso, February 25, 1992, 11 a.m., City of 
Houston Pollution Control Building Auditorium, 7411 Park Place Boulevard, 
Houston; February 26, 1992, 6 p.m., City of Arlington Council Chambers, 101 West 
Abram Street, Arlington.
Written comments not presented at the hearings may be submitted to the TACB 
central office in Austin through February 28, 1992. Material received by the 
Regulation Development Division by 4 p.m. on that date will be considered by the 
board prior to any final action on the proposed revisions. Copies of the 
proposed revisions are available at the central office of the TACB located at 
12124 Park 35 Circle, Austin, Texas 78753, and at all TACB regional offices. For 
further information, contact Eddie Mack at (512) 908-1488.
The amendments are proposed under the Texas Clean Air Act (TCAA), sec.382.017, 
Texas Health and Safety Code (Vernon 1990), which provides the TACB with the 
authority to adopt rules consistent with the policy and purposes of the TCAA.
sec.115.421. Emission Specifications.
<nl>(a) No person in the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, 
and Houston/Galveston Areas as defined in sec.115.10 of this title (relating to 
Definitions)<ol> [counties referenced in sec.115.429 of this title (relating to 
Counties and Compliance Schedules)] may cause, suffer, allow, or permit volatile 
organic compound (VOC) emissions from the surface coating processes as defined 
in sec.115.10 of this title (relating to Definitions) affected by paragraphs (1) 
-(11) of this <nl>subsection<ol> [section] to exceed the specified emission 
limits. These limitations are based on the daily weighted average of all 
coatings delivered to each coating line, except for those in paragraph (10) of 
this <nl>subsection <ol> [section] which are based on paneling surface area and 
those in paragraph (11) of this <nl>subsection <ol> [section] which are based on 
the VOC content of architectural coatings sold or offered for sale.
(1) -(7) (No change.)
(8) Automobile and light-duty truck coating.
(A) The following VOC emission limits shall be achieved for all automobile and 
light-duty truck manufacturing, on the basis of solvent content per gallon of 
coating (minus water and exempt solvents) delivered to the application system or 
for primer surfacer and top coat application, compliance may be demonstrated on 
the basis of VOC emissions per gallon of solids deposited as determined by 
sec.115. 425<nl>(a)<ol>(3) of this title (relating to Testing Requirements).
[graphic]
As an alternative to the emission limitation of 4.8 pounds of VOC per gallon of 
coating applied for final repair, if a source owner does not compile records 
sufficient to enable determination of a daily weighted average VOC content, 
compliance with the final repair emission limitation may be demonstrated each 
day by meeting a standard of 4.8 pounds of VOC per gallon of coating (minus 
water and exempt solvents) on an occurrence weighted average basis. Compliance 
with such alternative emission limitation shall be determined in accordance with 
the procedure specified in  s115.425<nl>(a)<ol>(3).
(B)<nl> In Dallas and Tarrant Counties,<ol> VOC emissions from the coatings or 
solvents used in automobile and truck refinishing shall be based on an assumed 
<nl>, 65%<ol> [30%] transfer efficiency from all application equipment, unless 
otherwise specified in an alternate means of control approved by the executive 
director in accordance with sec.115.910 of this title (relating to Alternate 
Means of Control), and shall not exceed the following limits, as delivered to 
the application system:
(i)-(vii) (No change.)
[(C) The assumed transfer efficiency of subparagraph (B) of this paragraph shall 
become 65% in accordance with the schedule set forth in sec.115.429(2)(A).
<nl>(C) <ol>[(D)] Additional control requirements for automobile and truck 
refinishing operations are referenced in sec.115.422 of this title (relating to 
Control Requirements).
(9) Miscellaneous metal parts and products coating.
(A) VOC emissions from the coating of miscellaneous metal parts and products 
shall not exceed the following limits for each surface coating type:
(i)-(iv) (No change.)
(v)<nl> In Dallas and Tarrant Counties, and after July 31, 1993 in counties 
other than Dallas and Tarrant,<ol> 6.7 pounds per gallon (0.81 kg/liter) of 
solids delivered to the application system as a prime coat for the exterior of 
aircraft [in Dallas and Tarrant Counties].
(B)-(C) (No change.)
(10) (No change.)
(11) Architectural coating. <nl>In Dallas and Tarrant Counties, and after July 
31, 1993 in counties other than Dallas and Tarrant, the<ol> [The] VOC content of 
any coating sold or offered for sale as an architectural coating shall have the 
date of manufacture clearly marked on each container and shall not exceed the 
following limits:
(A)-(I) (No change.)
<nl>(b)  No person in the Gregg, Nueces, and Victoria Counties may cause, 
suffer, allow, or permit VOC emissions from the surface coating processes as 
defined in sec.115.10 of this title (relating to Definitions) affected by 
paragraphs (1) -(10) of this subsection to exceed the specified emission limits. 
These limitations are based on the daily weighted average of all coatings 
delivered to each coating line, except for those in paragraph (10) of this 
subsection which are based on paneling surface area.
<nl>(1) Large appliance coating. VOC emissions from the appplication, flashoff, 
and oven areas during the coating of large appliances (prime and topcoat, or 
single coat) shall not exceed 4.5 pounds per gallon of solids delivered to the 
application system (0.54 kg/liter).
<nl>(2) Furniture Coating. VOC emissions from metal furniture coating lines 
(prime and topcoat, or single coat) shall not exceed 5.1 pounds per gallon of 
solids delivered to the application system (0.61 kg/liter).
<nl>(3)  Coil coating. VOC emissions from the coating (prime and topcoat, or 
single coat) of metal coils shall not exceed 4.0 pounds per gallon of solids 
delivered to the application system (0.48 kg/liter).
<nl>(4) Paper coating. VOC emissions from the coating of paper (or specified 
tapes or films) shall not exceed 4.8 pounds per gallon of solids delivered to 
the application system (0.57 kg/liter).
<nl>(5) Fabric coating. VOC emissions from the coating of fabric shall not 
exceed 4.8 pounds per gallon of solids delivered to the application system (0.57 
kg/liter).
<nl>(6) Vinyl coating. VOC emissions from the coating of vinyl fabrics or sheets 
shall not exceed 7.9 pounds per gallon of solids delivered to the application 
system (0.95 kg/liter). Plastisol coatings should not be included in 
calculations.
<nl>(7) Can coating. The following VOC emission limits shall be achieved, on the 
basis of solvent content per gallon of solids delivered to the application 
system.
[graphic]
<nl>(8) Miscellaneous metal parts and products coating.
<nl>(A)  VOC emissions from the coating of miscellaneous metal parts and 
products shall not exceed the following limits for each surface coating type:
<nl>(i) <nl>10.2 pounds per gallon (1.23 kg/liter) of solids delivered to the 
application system as a clear coat; or as an interior protective coating for 
pails and drums;
<nl>(ii) <nl>6.7 pounds per gallon (0.81 kg/liter) of solids delivered to the 
application system that utilizes air or forced air driers;
<nl>(iii) <nl>6.7 pounds per gallon (0.81 kg/liter) of solids delivered to the 
application system as an extreme performance coating, including chemical milling 
maskants; and
<nl>(iv) <nl>5.1 pounds per gallon (0.61 kg/liter) of solids delivered to the 
application system for all other coating applications that pertain to 
miscellaneous metal parts and products.
<nl>(B) If more than one emission limitation in subparagraph (A) of this 
paragraph applies to a specific coating, then the least stringent emission 
limitation shall apply.
<nl>(C) All VOC emissions from non-exempt solvent washings shall be included in 
determination of compliance with the emission limitations in subparagraph (A) of 
this paragraph, unless the solvent is directed into containers that prevent 
evaporation into the atmosphere.
<nl>(9) Factory surface coating of flat wood paneling. The following emission 
limits shall apply to each product category of factory-finished paneling 
(regardless of the number of coats applied).
[graphic]
sec.115.422. Control Requirements. <ol> For the <nl>Beaumont/Port Arthur, 
Dallas/Fort Worth, El Paso, and Houston/Galveston Areas <ol> [counties 
referenced in sec.115.429 of this title (relating to Counties and Compliance 
Schedules)].
(1)<nl> In Dallas and Tarrant Counties,<ol> any automobile refinishing operation 
shall minimize volatile organic compound (VOC) emissions during equipment 
cleanup by the following procedures:
(A)-(C) (No change.)
(2) Any surface coating operation that becomes subject to the provisions of 
sec.115.421<nl>(a)<ol> of this title (relating to Emission Specifications) by 
exceeding the provisions of sec.115.427<nl>(a)<ol> of this title (relating to 
Exemptions) shall remain subject to the provisions in sec.115.421<nl>(a)<ol>, 
even if throughput or emissions later fall below exemption limits.
sec.115.423. Alternate Control Requirements.
<nl>(a) For all affected persons in the Beaumont/Port Arthur, Dallas/Fort Worth, 
El Paso, and Houston/Galveston Areas <ol> [counties referenced in sec.115.429 of 
this title (relating to Counties and Compliance Schedules)], the following 
alternate control techniques may apply.
(1)-(2) (No change.)
(3) If a vapor recovery system is used to control emissions from coating 
operations, the capture and abatement system shall be capable of achieving and 
maintaining emission reductions equivalent to the emission limitations of 
sec.115.421<nl>(a) <ol> of this title (relating to Emission Specifications) and 
an overall control efficiency of at least 80% of the volatile organic compound 
(VOC) emissions from those coatings. The owner or operator of any surface 
coating facility shall submit design data for each capture system and emission 
control device which is proposed for use to the executive director for approval. 
Any capture efficiency testing shall be performed in accordance with 
sec.115.425<nl>(a) <ol>(4) of this title (relating to Testing Requirements).
(4) For any surface coating process or processes at a specific property, the 
executive director may approve requirements different from those in 
sec.115.421<nl>(a)<ol>(9) based upon his determination that such requirements 
will result in the lowest emission rate that is technologically and economically 
reasonable. When he makes such a determination, the executive director shall 
specify the date or dates by which such different requirements shall be met and 
shall specify any requirements to be met in the interim. If the emissions 
resulting from such different requirements equal or exceed 25 tons a year for a 
property, the determinations for that property shall be reviewed every two 
years. Executive director approval does not necessarily constitute satisfaction 
of all federal requirements nor eliminate the need for approval by the United 
States Environmental Protection Agency in cases where specified criteria for 
determining equivalency have not been clearly identified in applicable sections 
of this chapter.
<nl>(b) For all affected persons in Gregg, Nueces, and Victoria Counties, the 
following alternate control techniques may apply.
<nl>(1)  Emission calculations for surface coating operations performed to 
satisfy the conditions of sec.101.23 of this title (relating to Alternate 
Emission Reduction "Bubble" Policy), sec.115.910 of this title (relating to 
Alternate Means of Control), or other demonstrations of equivalency with the 
specified emission limits in this section shall be based on the pounds of VOC 
per gallon of solids for all affected coatings.
<nl>(2) Any alternate methods of demonstrating and documenting continuous 
compliance with the applicable control requirements or exemption criteria, such 
as use of improved transfer efficiency in this section, may be approved by the 
executive director in accordance with sec.115.910 if emission reductions are 
demonstrated to be substantially equivalent.
<nl>(3) If a vapor recovery system is used to control emissions from coating 
operations, the capture and abatement system shall be capable of achieving and 
maintaining emission reductions equivalent to the emission limitations of 
sec.115.421(b) and an overall control efficiency of at least 80% of the VOC 
emissions from those coatings. The owner or operator of any surface coating 
facility shall submit design data for each capture system and emission control 
device which is proposed for use to the executive director for approval.
<nl>(4) For any surface coating process or processes at a specific property, the 
executive director may approve requirements different from those in 
sec.115.421(b)(9) based upon his determination that such requirements will 
result in the lowest emission rate that is technologically and economically 
reasonable. When he makes such a determination, the executive director shall 
specify the date or dates by which such different requirements shall be met and 
shall specify any requirements to be met in the interim. If the emissions 
resulting from such different requirements equal or exceed 25 tons a year for a 
property, the determinations for that property shall be reviewed every two 
years, executive director approval does not necessarily constitute satisfaction 
of all federal requirements nor eliminate the need for approval by the United 
States Environmental Protection Agency in cases where specified criteria for 
determining equivalency have not been clearly identified in applicable sections 
of this chapter.
sec.115.424. Inspection Requirements.
<nl>(a) For the <nl>Beaumont/Port Arthur Dallas/Fort Worth, El Paso, and 
Houston/Galveston Areas<ol> counties referenced in sec.115.429 of this title 
(relating to [Counties and Compliance Schedules)], the following 
<nl>inspection<ol> [testing] requirements shall apply.
(1) All surface coating processes or operations affected by 
sec.115.421<nl>(a)<ol> of this title (relating to Emissions Specifications) must 
provide samples, without charge, upon request by representatives of the Texas 
Air Control Board (TACB), United States Environmental Protection Agency (EPA), 
or local air pollution control agency.
(2) All wholesalers and retailers affected by sec.115. 421<nl>(a)<ol> must 
provide samples, without charge, upon request by representatives of the TACB, 
EPA, or local air pollution control agency.
(3) (No change.)
<nl>(b) For Gregg, Nueces, and Victoria Counties, the following inspection 
requirements shall apply.
<nl>(1) All surface coating processes or operations affected by sec.115. 421(b) 
must provide samples, without charge, upon request by representatives of TACB, 
EPA, or local air pollution control agency.
<nl>(2) The representative or inspector requesting the sample will determine the 
amount of coating needed to test the sample to determine compliance.
sec.115.425. Testing Requirements.
<nl>(a) For the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston Areas<ol> [counties referenced in sec.115.429 of this title 
(relating to Counties and Compliance Schedules)], the following testing 
requirements shall apply.
(1) Compliance with sec.115.421<nl>(a) <ol> of this title (concerning Emission 
Specifications) shall be determined by applying the following test methods, as 
appropriate:
(A)-(E) (No change.)
(2) Compliance with sec.115.423<nl>(a) <ol>(3) of this title (relating to 
Alternate Control Requirements) shall be determined by applying the following 
test methods, as appropriate:
(A)-(E) (No change.)
(3)  Compliance with the alternative emission limits in 
sec.115.421<nl>(a)<ol>(8) (A) shall be determined by applying the following test 
methods, as appropriate:
(A) (No change.)
(B) The procedure contained in this paragraph for determining daily compliance 
with the alternative emission limitation in sec.115.421<nl>(a)<ol>(8)(A) for 
final repair. Calculation of occurrence weighted average for each combination of 
repair coatings (primer, specific basecoat, clearcoat) shall be determined by 
the following procedure.
(i) -(iii) (No change.)
(4) The capture efficiency shall be measured using applicable procedures 
outlined in 40 Code of Federal Regulations (CFR) Part 52.741, Subpart O, 
Appendix B. These procedures are:
[graphic]
(A)-(B) (No change.)
(C) The following conditions must be met in measuring capture efficiency.
(i) (No change.)
(ii) All affected facilities shall accomplish the initial capture efficiency 
testing by <nl>July 31, 1992 in Brazoria, Dallas, El Paso, Galveston, Harris, 
Jefferson, Orange, and Tarrant Counties, and by July 31, 1993 in Chambers, 
Collin, Denton, Fort Bend, Hardin, Liberty, Montgomery, and Waller Counties<ol> 
[the schedule in sec.115.429].
(iii) (No change.)
<nl>(b) For Gregg, Nueces, and Victoria Counties the following testing 
requirements shall apply.
<nl>(1)  Compliance with sec.115.421(b) shall be determined by applying the 
following test methods as appropriate:
<nl>(A) Test Method 24 (40 CFR 60, Appendix A) with a one-hour bake;
<nl>(B) ASTM Test Methods D 1186-06. 01, D 1200-06.01, D 3794-06.01, D 2832-69, 
D 1644-75, and D 3960-81;
<nl>(C) EPA guidelines series document "Procedures for Certifying Quantity of 
Volatile Organic Compounds Emitted by Paint, Ink, and Other Coatings, " EPA-
450/3-84-011, as in effect December 1984;
<nl>(D) additional test procedures described in 40 CFR 60.446; or
<nl>(E) minor modifications to these test methods approved by the executive 
director.
<nl>(2) Compliance with  s115.423(b)(3) shall be determined by applying the 
following test methods, as appropriate:
<nl>(A)  Test Methods 1-4 (40 CFR 60, Appendix A) for determining flow rates, as 
necessary;
<nl>(B) Test Method 25 (40 CFR 60 Appendix A) for determining total gaseous 
nonmethane organic emissions as carbon;
<nl>(C)  Test Method 25A or 25B (40 CFR 60, Appendix A) for determining total 
gaseous organic concentrations using flame ionization or nondispersive infrared 
analysis;
<nl>(D) additional performance test procedures described in 40 CFR 60. 444; or
<nl>(E) minor modifications to these test methods approved by the executive 
director.
sec.115.426. Recordkeeping Requirements.
<nl>(a) For the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston Areas<ol> [counties referenced in sec.115.429 of this title 
(relating to Counties and Compliance Schedules)], the following recordkeeping 
requirements shall apply.
(1) Any person affected by sec.115.421<nl>(a) <ol> of this title (relating to 
Emission Specifications) shall satisfy the following recordkeeping requirements.
(A)-(B) (No change.)
(C) Records shall be maintained of any testing conducted at an affected facility 
in accordance with the provisions specified in sec.115.425<nl>(a)<ol>(1) of this 
title (relating to Testing Requirements).
(D) (No change.)
(2) The owner or operator of any surface coating facility which utilizes a vapor 
recovery system approved by the executive director in accordance with 
sec.115.423<nl>(a) <ol>(3) of this title (relating to Alternate Control 
Requirements) shall:
(A) (No change.)
(B) maintain records of any testing conducted at an affected facility in 
accordance with the provisions specified in sec.115.425 <nl>(a)<ol>(2); and
(C) (No change.)
(3)  The owner or operator shall maintain, on file, the capture efficiency 
protocol submitted under sec.115.425 <nl>(a)<ol>(4). The owner or operator shall 
submit all results of the test methods and capture efficiency protocols to TACB 
within 60 days of the actual test date. The source owner or operator shall 
maintain records of the capture efficiency operating parameter values on site 
for a minimum of one year. If any changes are made to capture or control 
equipment, the owner or operator is required to notify the executive director in 
writing within 30 days of these changes and a new capture efficiency and/or 
control device destruction or removal efficiency test may be required.
(4)  [In accordance with the schedule referenced in  s115.429(1), records] 
<nl>Records<ol> shall be maintained sufficient to document the applicability of 
the conditions for exemptions referenced in  s115.427<nl>(a)<ol> of this title 
(relating to Exemptions).
<nl>(b) For Gregg, Nueces, and Victoria Counties, the following recordkeeping 
requirements shall apply.
<nl>(1)  Any person affected by sec.115.421(b) shall satisfy the following 
recordkeeping requirements.
<nl>(A) A material data sheet shall be maintained which documents the volatile 
organic compound (VOC) content, composition, solids content, solvent density, 
and other relevant information regarding each coating and solvent available for 
use in the affected surface coating processes sufficient to determine continuous 
compliance with applicable control limits.
(B)<nl> Records shall be maintained of the quantity and type of each coating and 
solvent consumed during the specified averaging period if any of the coatings, 
as delivered to the coating application system, exceed the applicable control 
limits. Such records shall be sufficient to calculate the applicable weighted 
average of VOC for all coatings.
<nl>(C) Records shall be maintained of any testing conducted at an affected 
facility in accordance with the provisions specified in sec.115.425(b)(1).
<nl>(D) Records required by subparagraphs (A)-(C) of this paragraph shall be 
maintained for at least two years and shall be made available upon request by 
representatives of the Texas Air Control Board (TACB), U.S. Environmental 
Protection Agency (EPA), or local air pollution control agency.
<nl>(2) The owner or operator of any surface coating facility which utilizes a 
vapor recovery system approved by the executive director in accordance with 
sec.115.423(b)(3) shall:
<nl>(A) install and maintain monitors to accurately measure and record 
operational parameters of all required control devices as necessary to ensure 
the proper functioning of those devices in accordance with design 
specifications, including:
<nl>(i)<nl> the exhaust gas temperature of direct-flame incinerators and/or the 
gas temperature immediately upstream and downstream of any catalyst bed;
<nl>(ii)<nl> the total amount of VOC recovered by carbon adsorption or other 
solvent recovery systems during a calendar month;
<nl>(iii)<nl> continuous monitoring of carbon adsorption bed exhaust to 
determine if breakthrough has occurred; and
<nl>(iv)<nl> the dates and reasons for any maintenance and repair of the 
required control devices and the estimated quantity and duration of VOC 
emissions during such activities;
<nl>(B) maintain records of any testing conducted at an affected facility in 
accordance with the provisions specified in sec.115.425(b)(2); and
<nl>(C) maintain all records at the affected facility for at least two years and 
make such records available to representatives of TACB, EPA, or local air 
pollution control agency. upon request.
<nl>(3) Records shall be maintained sufficient to document the applicability of 
the conditions for exemptions referenced in sec.115.427(b).
sec.115.427. Exemptions.
<nl>(a) For the <nl>Beaumont/Port Arthur, Dallas/Fort Worth El Paso, and 
Houston/Galveston Areas<ol> [counties referenced in sec.115.429 of this title 
(relating to Counties and Compliance Schedule)], the following exemptions shall 
apply.
(1) <nl> Until July 31, 1993 in Brazoria, Galveston, Jefferson, or Orange 
Counties, surface<ol> [Surface] coating operations located at any facility in 
Brazoria, El Paso, Galveston, Gregg, Jefferson, Nueces, Orange, or Victoria 
Counties] which, when uncontrolled, will emit a combined weight of volatile 
organic compounds (VOC) less than 550 pounds (249.5 kg) in any continuous 24-
hour period are exempt from the provisions of sec.115.421 <nl>(a)<ol> of this 
title (relating to Emission Specifications).
[(2) Surface coating operations located at any facility in Harris County which, 
when uncontrolled, will emit a combined weight of VOC less than 100 pounds (45.4 
kg) in any continuous 24-hour period are exempt from the provisions of 
sec.115.421 of this title (relating to Emission Specifications).]
<nl>(2)<ol>[(3)] The following coating operations are exempt from the 
application of sec.115. 421<nl>(a)<ol>(9) [of this title (relating to Emis- sion 
Specifications)]:
(A) exterior of fully assembled aircraft, except as required by sec.115. 
421<nl>(a)<ol>(9)(A)(v) [of this title (relating to Emission Specifications)];
(B) automobile refinishing, except in Dallas and Tarrant Counties, as required 
by sec.115.421<nl>(a)<ol>(8)(B) and (C) [of this title (relating to Emission 
Specifications)];
(C)-(E) (No change.)
<nl>(3)<ol>[(4)] The following coating operations are exempt from the 
application of sec.115.421<nl>(a)<ol>(10) [of this title (relating to Emission 
Specifications)]:
(A)-(C) (No change.)
<nl>(4)<ol>[(5)] <nl> In counties other than Dallas and Tarrant, architectural 
<ol> [Architectural] coatings are exempt from the provisions of 
sec.115.421<nl>(a)  <ol>(11) [of this title (relating to Emission 
Specifications) in Dallas and Tarrant Counties] if manufactured before <nl>July 
31, 1992<ol> [December 31, 1988].
<nl>(5)<ol>[(6)]<nl> In Dallas, El Paso, Harris, and Tarrant Counties, and after 
July 31, 1993 in counties other than Dallas, El Paso, Harris, and Tarrant<ol> 
[In accordance with the schedule referenced in sec.115.429(1)], the following 
exemptions shall apply to surface coating operations [in Dallas, El Paso, 
Harris, and Tarrant Counties], except for aircraft prime coating controlled by 
sec.115.421<nl>(a) <ol>(9)(A)(v) [of this title (relating to Emission 
Specifications)] and automobile and truck refinishing controlled by  
s115.421<nl>(a)<ol>(8)(B) and (C).
(A) Surface coating operations on a property which, when uncontrolled, will emit 
a combined weight of VOC of less than three pounds per hour and 15 pounds in any 
consecutive 24-hour period shall be exempt from the provisions of sec.115.421 
<nl>(a)<ol> and sec.115. 423<nl>(a)<ol> of this title (relating to Alternate 
Control Requirements).
(B) Surface coating operations on a property which, when uncontrolled, will emit 
a combined weight of VOC of less than 100 pounds in any consecutive 24-hour 
period shall be exempt from the provisions of sec.115.421<nl>(a)<ol> and 
sec.115.423<nl>(a)<ol> if documentation is provided to and approved by both the 
executive director of TACB and EPA to demonstrate that necessary coating 
performance criteria cannot be achieved with coating which satisfy applicable 
emission specifications and that control equipment is not tech- nically or 
economically feasible.
<nl>(6)<ol>[(7)] The following coatings are exempt from the application of this 
undesignated head (relating to Surface Coating Processes):
(A)-(D)  (No change.)
<nl>(b) For Gregg, Nueces, and Victoria Counties, the following exemptions shall 
apply.
<nl>(1) Surface coating operations located at any facility which when 
uncontrolled will emit a combined weight of VOC less than 550 pounds (249.5 kg) 
in any continuous 24-hour period are exempt from the provisions of 
sec.115.421(b).
<nl>(2) The following coating operations are exempt from the application of 
sec.115.421(b)(9):
<nl>(A) exterior of fully assembled aircraft;
<nl>(B)  automobile refinishing;
<nl>(C) customized (decorative) top coating of automobiles and trucks, if 
production is less than 35 vehicles per day;
<nl>(D) exterior of fully assembled marine vessels; and
<nl>(E) exterior of fully assembled fixed offshore structures.
<nl>(3) The following coating operations are exempt from the application of 
sec.115.421(b)(10):
<nl>(A) the manufacture of exterior siding;
<nl>(B) tile board; or
<nl>(C) article board used as a furniture component.
sec.115.429. Counties and Compliance Schedules.
<nl>(a) All affected persons in Chambers, Collin, Denton, Fort Bend, Hardin, 
Liberty, Montgomery, and Waller Counties shall be in compliance with 
sec.115.421(a) of this title (relating to Emission Specifications), sec.115.422 
of this title (relating to Control Requirements), sec.115.423(a) of this title 
(relating to Alternate Control Requirements), sec.115.424(a) of this title 
(relating to Inspection Requirements), sec.115.425(a) of this title (relating to 
Testing Requirements), sec.115.426(a) of this title (relating to Recordkeeping 
Requirements), and sec.115.427(a) of this title (relating to Exemptions) as soon 
as practicable but no later than July 31, 1993.
<nl>(b) All affected persons in Brazoria, El Paso, Galveston, Harris, Jefferson, 
and Orange Counties shall be in compliance with sec.115.421(a)(9)(A) (v) and 
(a)(11) as soon as practicable, but no later than July 31, 1993.
<nl>(c) All affected persons in Brazoria, Galveston, Jefferson, and Orange 
Counties shall be in compliance with sec.115.427(a)(5) as soon as practicable, 
but no later than July 31, 1993.
[All affected persons in Brazoria, Dallas, El Paso, Galveston, Gregg, Harris, 
Jefferson, Nueces, Orange, Tarrant, and Victoria Counties shall be in compliance 
with this undesignated head (relating to Surface Coating Processes) in 
accordance with the following schedules.]
[(1) All compliance schedules which have expired prior to January 1, 1991, in 
accordance with sec.115. 930 of this title (relating to Compliance Date); and
[(2) The following additional compliance schedules.]
[(A) All persons affected by changes from gallon of coating to gallon of solids 
and the addition of exempt solvents for calculating VOC content in sec.115. 421 
of this title (relating to Emissions Specifications) shall be in compliance with 
this section as soon as practicable, but no later than July 31, 1992.
[(B) All affected persons in Dallas and Tarrant Counties shall be in compliance 
with sec.115.421(8)(C) and (D) of this title (relating to Emission 
Specifications) as soon as practicable, but no later than July 31, 1992.
[(C) All affected persons in Brazoria, Dallas, El Paso, Galveston, Harris, 
Jefferson, Orange, and Tarrant Counties shall be in compliance with 
sec.115.425(4) of this title (relating to Testing Requirements) and 
sec.115.426(2) (A)(iii) and (3) of this title (relating to Recordkeeping 
Requirements) as soon as practicable, but no later than July 31, 1992.]
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 17, 1992.
TRD-92009851
Lane Hartsock
Deputy Director, Air Quality Planning
Texas Air Control Board
Proposed date of adoption: May 15, 1992
For further information, please call: (512) 908-1451
       
Graphic Arts (Printing) by Rotograve and Flexographic Processes
31 TAC sec.sec.115.432, 115.433, 115.435-115.437, 115.439
The Texas Air Control Board (TACB) proposes amendments to sec.sec.115.432, 
115.433, 115.435-115.437, and 115.439, concerning graphic arts (printing) by 
rotogravure and flexographic processes. The proposed changes have been developed 
in response to a requirement by the United States Environmental Protection 
Agency (EPA) to extend the controls that currently exist in certain ozone 
nonattainment areas to other previously-designated nonattainment areas. This 
program is referred to as "leveling the playing field." The proposed changes 
have also been developed in response to a requirement by EPA to extend controls 
that currently exist in certain ozone nonattainment areas to newly-designated, 
adjacent nonattainment counties. This program is referred to as the "perimeter 
county catch-ups." The revisions are also intended to resolve potentially 
confusing cross-references and to otherwise improve clarity. Additionally, 
existing requirements for Gregg, Nueces, and Victoria Counties have been moved 
into a separate subsection in each section. However, no new requirements are 
intended for these three counties.
The proposed changes to sec.115.432, concerning control requirements; sec.115. 
433, concerning alternate control requirements; sec.115.435, concerning testing 
requirements; and sec.115.436, concerning recordkeeping requirements, expand by 
definition the applicability of the requirements and remove potentially 
confusing cross-references. The proposed changes to sec.115.437, concerning 
exemptions, lower the 100 tons per year exemption level for El Paso, Jefferson, 
and Orange Counties to 50 tons per year, lower the 100 tons per year exemption 
level for Brazoria, Galveston, and Harris Counties to 25 tons per year, change 
the basis for the 50 tons per year exemption in Dallas and Tarrant Counties to 
maximum production capacity, and remove potentially confusing cross-references. 
The proposed changes to sec.115.439, concerning counties and compliance 
schedules, specify applicable perimeter counties and previously-designated 
nonattainment counties, add a compliance date for the additional counties and 
new requirements, and remove obsolete paragraphs.
Bennie Engelke, deputy director of administrative services, has determined that 
for the first five-year period the sections are in effect there will be no 
fiscal implications for state or local government.
Lane Hartsock, deputy director of air quality planning, has determined that for 
the first five-year period the sections are in effect the public benefit 
anticipated as a result of enforcing the sections will be rules which are more 
uniformly applicable in all Texas ozone nonattainment areas and satisfaction of 
EPA requirements. There will be no effect on small businesses. The anticipated 
economic cost to persons and businesses required to implement the proposed 
measures are associated with the expanded abatement, monitoring, and 
recordkeeping requirements and are estimated as follows: per facility control 
unit: $0 for fiscal year (fy) 1992 and $50,000 for fys 1993-1996; per volatile 
organic compound monitoring unit: $0 for fy 1992 and $15,000 for fys 1993-1996. 
Any costs continuing beyond 1996 would be continuing operating, maintenance, and 
recordkeeping requirements. All estimates are stated in 1992 dollars with no 
adjustments for inflation and assume continuing costs equal to those incurred 
during 1992-1996.
Public hearings on this proposal are scheduled for the following times and 
places: February 24, 1992, 7 p.m., John Gray Institute, 8550 Florida Avenue, 
Beaumont; February 25, 1992, 7 p.m., City of El Paso, Council Chambers, Second 
Floor, 2 Civic Center Plaza, El Paso; February 25, 1992, 11 a.m., City of 
Houston, Pollution Control, Building Auditorium, 7411 Park Place Boulevard, 
Houston; and February 26, 1992, 6 p.m. City of Arlington, Council Chambers, 101 
West Abram Street, Arlington.
Written comments not presented at the hearings may be submitted to the TACB 
central office in Austin through February 28, 1992. Material received by the 
Regulation Development Division by 4 p.m. on that date will be considered by the 
Board prior to any final action on the proposed revisions. Copies of the 
proposed revisions are available at the central office of the TACB located at 
12124 Park 35 Circle, Austin, Texas 78753, and at all TACB regional offices. For 
further information, contact Eddie Mack at (512) 908-1488.
The amendments are proposed under the Texas Clean Air Act (TCAA) sec.382.017, 
Texas Health and Safety Code (Vernon 1990), which provides TACB with the 
authority to adopt rules consistent with the policy and purposes of the TCAA.
sec.115.432. Control Requirements.
<nl>(a) For the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas as defined in  s115.10 of this title (relating to 
Definitions)<ol> [counties referenced in sec.115.439 of this title (relating to 
Counties and Compliance Schedules)].
(1) (No change.)
(2) Any graphic arts facility that becomes subject to the provisions of 
paragraph (1)(A), (B), or (C) of this subsection [section] by exceeding 
provisions of sec.115.437<nl>(a) <ol> of this title (relating to Exemptions) 
will remain subject to the provisions of this subsection, even if throughput or 
emissions later fall below exemption limits.
(3) Any capture efficiency testing of the capture system must be conducted in 
accordance with sec.115.435(a) of this title (relating to Testing Requirements).
<nl>(b) For Gregg, Nueces, and Victoria Counties, no person shall operate or 
allow the operation of a packaging rotogravure, publication rotogravure, or 
flexographic printing line that uses solvent-containing ink, unless volatile 
organic compound (VOC) emissions are limited by one of the following:
<nl>(1) application to the substrate of low solvent ink with a volatile fraction 
containing 25% by volume or less of VOC solvent and 75% by volume or more of 
water and exempt solvent;
<nl>(2)  application to the substrate of high solids solvent-borne ink 
containing 60% by volume or more of nonvolatile material (minus water and exempt 
solvent); or
<nl>(3) operation of a carbon adsorption or incineration system to reduce the 
VOC emissions from an effective capture system by at least 90% by weight. The 
design and operation of the capture system for each printing line must be 
consistent with good engineering practice and shall be required to provide for 
an overall reduction in VOC emissions, as demonstrated to the satisfaction of 
the executive director upon request of at least the following weight 
percentages:
<nl>(A) 75% for a publication rotogravure process;
<nl>(B) 65% for a packaging rotogravure process; or
<nl>(C)  60% for a flexographic printing process;
sec.115.433. Alternate Control Requirements.
<nl>(a) For all affected persons in the <nl>Beaumont/Port Arthur, Dallas/Fort 
Worth, El Paso, and Houston/Galveston areas<ol> [counties referenced in 
sec.115.439 of this title (relating to Counties and Compliance Schedules)], 
alternate methods of demonstrating and documenting continuous compliance with 
the applicable control requirements or exemption criteria in this section may be 
approved by the executive director in accordance with sec.115.910 of this title 
(relating to Alternate Means of Control) if emission reductions are demonstrated 
to be substantially equivalent.
<nl>(b) For all affected persons in Gregg, Nueces, and Victoria Counties, 
alternate methods of demonstrating and documenting continuous compliance with 
the applicable control requirements or exemption criteria in this section may be 
approved by the executive director in accordance with sec.115.910 if emission 
reductions are demonstrated to be substantially equivalent.
sec.115.435. Testing Requirements.
<nl>(a) For the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas<ol> [counties referenced in sec.115.439 of this title 
(relating to Counties and Compliance Schedules)], compliance shall be determined 
by applying the following test methods, as appropriate:
(1)-(5) (No change.)
(6) additional performance test procedures described in 40 Code of Federal 
Regulations <nl>(CFR)<ol> 60.444; [or]
(7)  the capture efficiency which shall be measured using applicable procedures 
outlined in 40 <nl>CFR<ol> [Code of Federal Regulations (CFR)], Part 52.741, 
Subpart O, Appendix B. These procedures are:
[graphic]
(A)-(B) (No change.)
(C) The following conditions must be met in measuring capture efficiency.
(i) (No change.)
(ii)  All affected facilities shall accomplish the initial capture efficiency 
testing by <nl>July 31, 1992 in Brazoria, Dallas, El Paso, Galveston, Harris, 
Jefferson, Orange, and Tarrant Counties, and by July 31, 1993 in Chambers, 
Collin, Denton, Fort Bend, Hardin, Liberty, Montgomery, and Waller Counties<ol> 
[the schedule in sec.115.439 of this title (relating to Counties and Compliance 
Schedules)].
(iii) (No change.)
(8) minor modifications to these test methods and procedures [shall be] approved 
by the executive director.
<nl>(b) For Gregg, Nueces, and Victoria Counties, compliance shall be determined 
by applying the following test methods, as appropriate:
<nl>(1)  Test Methods 1-4 (40 CFR 60, Appendix A) for determining flow rates as 
necessary;
<nl>(2) Test Method 24 (40 CFR 60, Appendix A) for determining the VOC content 
and density of printing inks and related coatings;
<nl>(3) Test Method 25 (40 CFR 60, Appendix A) for determining total gaseous 
nonmethane organic emissions as carbon;
<nl>(4) Test Methods 25A or 25B (40 CFR 60, Appendix A) for determining total 
gaseous organic concentrations using flame ionization or nondispersive infrared 
analysis:
<nl>(5) United States Environmental Protection Agency (EPA) guidelines series 
document "Procedures for Certifying Quantity of Volatile Organic Compounds 
Emitted by Paint, Ink, and Other Coatings." EPA-450/3-84-011. as in effect 
December 1984;
<nl>(6) additional performance test procedures described in 40 CFR 60. 444; or
<nl>(7) minor modifications to these test methods and procedures approved by the 
executive director.
sec.115.436. Recordkeeping Requirements.
<nl>(a) For the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas<ol> [counties referenced in sec.115.439 of this title 
(relating to Counties and Compliance Schedules)], the owner or operator of any 
graphic arts facility subject to the control requirements of sec.115.432<nl>(a) 
<ol> of this title (relating to Control Requirements) shall:
(1) maintain records of the volatile organic compound (VOC) content of all inks 
as applied to the substrate. <nl>Additionally records of the quantity of each 
ink and solvent used shall be maintained. <ol> The composition of inks may be 
determined by the methods referenced in sec.115.435<nl>(a)<ol> of this title 
(relating to Testing Requirements) or by examining the manufacturer's 
formulation data and the amount of dilution solvent added to adjust the 
viscosity of inks prior to application to the substrate;
(2) maintain daily records of the quantity of each ink and solvent used at a 
facility subject to the requirements of an alternate means of control approved 
by the executive director in accordance with sec.115.433<nl>(a)<ol> of this 
title (relating to Alternate Control Requirements) which allows the application 
of inks exceeding the applicable control limits. Such records must be sufficient 
to demonstrate compliance with the applicable emission limitation on a daily 
weighted average;
(3) (No change.)
(4) maintain the results of any testing conducted at an affected facility in 
accordance with the provisions specified in sec.115.435<nl>(a)<ol>; [and]
(5) maintain all records at the affected facility for at least two years and 
make such records available upon request to representatives of the Texas Air 
Control Board <nl>(TACB) <ol>, United States Environmental Protection Agency 
<nl>(EPA) <ol>, or the local air pollution agency having jurisdiction in the 
area<nl>; and <ol> [.]
(6) maintain on file the capture efficiency protocol submitted under 
sec.115.435<nl>(a)<ol>(7) of this title (relating to Testing Requirements). The 
owner or operator shall submit all results of the test methods and capture 
efficiency protocols to <nl>TACB<ol> [the Texas Air Control Board (TACB)] within 
60 days of the actual test date. The source owner or operator shall maintain 
records of the capture efficiency operating parameter values on-site for a 
minimum of one year. If any changes are made to capture or control equipment, 
the owner or operator is required to notify the executive director in writing 
within 30 days of these changes and a new capture efficiency and/or control 
device destruction or removal efficiency test may be required.
<nl>(b) For Gregg, Nueces, and Victoria Counties, the owner or operator of any 
graphic arts facility subject to the control requirements of sec.115. 432(b) of 
this title (relating to Control Requirements) shall:
<nl>(1) maintain records of the VOC content of all inks as applied to the 
substrate. Additionally, records of the quantity of each ink and solvent used 
shall be maintained. The composition of inks may be determined by the methods 
referenced in sec.115.435(b) or by examining the manufacturer's formulation data 
and the amount of dilution solvent added to adjust the viscosity of inks prior 
to application to the substrate;
<nl>(2)  maintain daily records of the quantity of each ink and solvent used at 
a facility subject to the requirements of an alternate means of control approved 
by the executive director in accordance with sec.115.433(b) of this title 
(relating to Alternate Control Requirements) which allows the application of 
inks exceeding the applicable control limits. Such records must be sufficient to 
demonstrate compliance with the applicable emission limitation on a daily 
weighted average;
<nl>(3) install and maintain monitors to accurately measure and record 
operational parameters of any emission control device installed to meet 
applicable control requirements. Such records must be sufficient to demonstrate 
proper functioning of those devices to design specifications, including:
<nl>(A) the exhaust gas temperature of direct-flame incinerators and/or the gas 
temperature immediately upstream and downstream of any catalyst bed;
<nl>(B) the total amount of VOC recovered by a carbon adsorption or other 
solvent recovery system during a calendar month; and
<nl>(C) the dates and reasons for any maintenance and repair of the required 
control devices and the estimated quantity and duration of VOC emissions during 
such activities;
<nl>(4) maintain the results of any testing conducted at an affected facility in 
accordance with the provisions specified in  s115.435(b); and
<nl>(5) maintain all records at the affected facility for at least two years and 
make such records available upon request to representatives of TACB, EPA, or the 
local air pollution agency having jurisdiction in the area.
sec.115.437. Exemptions.
<nl>(a) For the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas<ol> [counties referenced in sec.115.439 of this title 
(relating to Counties and Compliance Schedules)], the following exemptions shall 
apply.
(1)  <nl>Until July 31, 1993 in Brazoria, El Paso, Galveston, Harris, Jefferson, 
and Orange Counties, all [All] rotogravure and flexographic facilities on a 
property [, except those specified in paragraph (2) of this section,] which, 
when uncontrolled, have a maximum potential to emit a combined weight of 
volatile organic compounds (VOC) less than 100 tons (91 metric tons) in one year 
(based on historical ink and VOC solvent usage, and at maximum production 
capacity) are exempt from the requirements of sec.115.432(a) <ol> of this title 
(relating to Control Requirements).
(2) <nl>Until July 31, 1993 in<ol> [In] Dallas and Tarrant Counties, all 
rotogravure and flexographic printing facilities on a property which, when 
uncontrolled, emit a combined weight of VOC less than 50 tons in one year (based 
on historical ink and solvent usage) are exempt from the requirements of 
sec.115.432 <nl>(a)<ol>.
<nl>(3)  After July 31, 1993 in the Beaumont/Port Arthur, Dallas/Fort Worth, and 
El Paso Areas, all rotogravure and flexographic facilities on a property which, 
when uncontrolled, have a maximum potential to emit a combined weight of VOC 
less than 50 tons in one year (based on historical ink and VOC solvent usage, 
and at maximum production capacity) are exempt from the requirements of sec.115. 
432(a).
<nl>(4) After July 31, 1993 in the Houston/Galveston Area, all rotogravure and 
flexographic facilities on a property which when uncontrolled, have a maximum 
potential to emit a combined weight of VOC less than 25 tons in one year (based 
on historical ink and VOC solvent usage, and at maximum production capacity) are 
exempt from the requirements of sec.115.432(a).
<nl>(b) For Gregg, Nueces, and Victoria Counties all rotogravure and 
flexographic facilities on a property which, when uncontrolled, emit a combined 
weight of VOC less than 100 tons (91 metric tons) in one year (based on 
historical ink and VOC solvent usage) are exempt from the requirements of 
sec.115.432(b).
sec.115.439. Counties and Compliance Schedules.
<nl>(a) All affected persons in Chambers, Collin, Denton, Fort Bend, Hardin, 
Liberty, Montgomery, and Waller Counties shall be in compliance with 
sec.115.432(a) of this title (relating to Control Requirements), sec.115.433(a) 
of this title (relating to Alternate Control Requirements), sec.115.435(a) of 
this title (relating to Testing Requirements), sec.115.436(a) of this title 
(relating to Recordkeeping Requirements), and sec.115.437(a) of this title 
(relating to Exemptions) as soon as practicable, but no later than July 31, 
1993.
<nl>(b) All affected persons in Dallas, El Paso, Jefferson, Orange, and Tarrant 
Counties shall be in compliance with sec.115.437(a)(3) as soon as practicable, 
but no later than July 31, 1993.
<nl>(c) All affected persons in Brazoria, Galveston, and Harris Counties shall 
be in compliance with sec.115.437(a)(4) as soon as practicable, but no later 
than July 31, 1993.
<ol>[All affected persons in Brazoria, Dallas, El Paso, Galveston, Gregg, 
Harris, Jefferson, Nueces, Orange, Tarrant, and Victoria Counties shall be in 
compliance with this undesignated head (relating to Graphic Arts (Printing) by 
Rotogravure and Flexographic Processes) in accordance with the following 
compliance schedules.
[(1) All affected persons shall be in compliance with all compliance schedules 
which have expired prior to January 1, 1991, in accordance with sec.115.930 of 
this title (relating to Compliance Dates).
[(2) All affected persons in Brazoria, Dallas, El Paso, Galveston, Harris, 
Jefferson, Orange, and Tarrant Counties shall be in compliance with 
sec.115.432(3) of this title (relating to Control Requirements), sec.115.435(7) 
of this title (relating to Testing Requirements), sec.115.436(3)(C) and (6) of 
this title (relating to Recordkeeping Requirements), and sec.115.437(1) of this 
title (relating to Exemptions) as soon as practicable, but no later than July 
31, 1992. ]
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 17, 1992.
TRD-9200952
Lane Hartsock
Deputy Director, Air Quality Planning
Texas Air Control Board
Proposed date of adoption: May 15, 1992
For further information, please call: (512) 908-1451
       
Subchapter F. Miscellaneous Industrial Sources
Cutback Asphalt
31 TAC sec.sec.115.512, 115.513, 115.515-115.517, 115.519
The Texas Air Control Board (TACB) proposes amendments to sec.sec.115.512, 
115.513, 115.515-115.517, and 115.519, concerning cutback asphalt. The proposed 
changes have been developed in response to a requirement by the United States 
Environmental Protection Agency (EPA) to extend the controls that currently 
exist in certain ozone nonattainment areas to other previously designated 
nonattainment areas. This program is referred to as "leveling the playing field. 
" The proposed changes have also been developed in response to a requirement by 
EPA to extend controls that currently exist in certain ozone nonattainment areas 
to newly-designated, adjacent nonattainment counties. This program is referred 
to as the "perimeter county catch-ups." The revisions are also intended to 
remove potentially confusing cross-references and to otherwise improve clarity.
The proposed changes to sec.115.512, concerning control requirements; sec.115. 
513, concerning alternate control requirements; sec.115.515, concerning testing 
requirements; sec.115.516, concerning recordkeeping requirements; and 
sec.115.517, concerning exemptions, expand by definition the applicability of 
the requirements and remove potentially confusing cross-references. The proposed 
changes to sec.115.512, concerning control requirements, also reduce the maximum 
allowable annual usage of cutback asphalt from 8.0% to 7.0% in Brazoria, 
Galveston, Harris, Jefferson, and Orange Counties, consistent with existing 
requirements in Dallas, El Paso, and Tarrant Counties. The proposed changes to 
sec.115.519, concerning counties and compliance schedules, specify applicable 
perimeter counties and previously-designated nonattainment counties, add a 
compliance date for the additional counties, and remove an obsolete paragraph.
Bennie Engelke, deputy director of administrative services, has determined that 
for the first five-year period the sections are in effect there will be no 
fiscal implications for state or local governments.
Lane Hartsock, deputy director of air quality planning, has determined that for 
each year of the first five years the sections are in effect the public benefit 
anticipated as a result of enforcing the sections will be rules which are more 
uniformly applicable in all Texas ozone nonattainment areas and satisfaction of 
EPA requirements. There will be no effect on small businesses. There is no 
anticipated economic cost to person who are required to comply with the sections 
as proposed.
Public hearings on this proposal are scheduled for the following times and 
places: February 24, 1992, 7 p.m., John Gray Institute, 8550 Florida Avenue, 
Beaumont; February 25, 1992, 7 p.m., City of El Paso, Council Chambers, Second 
Floor, 2 Civic Center Plaza, El Paso; February 25, 1992, 11 a.m., City of 
Houston, Pollution Control, Building Auditorium, 7411 Park Place Boulevard, 
Houston; and February 26, 1992, 6 p.m. City of Arlington, Council Chambers, 101 
West Abram Street, Arlington.
Written comments not presented at the hearings may be submitted to the TACB 
central office in Austin through February 28, 1992. Material received by the 
Regulation Development Division by 4 p.m. on that date will be considered by the 
Board prior to any final action on the proposed revisions. Copies of the 
proposed revisions are available at the central office of the TACB located at 
12124 Park 35 Circle, Austin, Texas 78753, and at all TACB regional offices. For 
further information, contact Eddie Mack at (512) 908-1488.
The amendments are proposed under the Texas Clean Air Act (TCAA) sec.382.017, 
Texas Health and Safety Code (Vernon 1990), which provides TACB with the 
authority to adopt rules consistent with the policy and purposes of the TCAA.
sec.115.512. Control Requirements. <ol> For persons in  <nl>Nueces County and 
the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston 
areas as defined in  s115.10 of this title (relating to Definitions)<ol> [the 
counties referenced in  s115.519 of this title (relating to Counties and 
Compliance Schedules)], the following control requirements shall apply.
(1) <nl>In Nueces County, and until December 31, 1992 in Brazoria, Galveston, 
Harris, Jefferson, and Orange Counties, the<ol> [The] use of cutback asphalt 
containing volatile organic compound (VOC) solvents for the paving of roadways, 
driveways, or parking lots is restricted to no more than 8. 0% of the total 
annual volume averaged over a two-year period of asphalt used or specified for 
use by any state, municipal, or county agency who uses or specifies the type of 
asphalt application.
(2) In Dallas, El Paso, and Tarrant Counties, and after December 31, 1992 in 
counties other than Dallas, El Paso, and Tarrant in the Beaumont/Port Arthur, 
Dallas/Fort Worth, El Paso, and Houston/Galveston areas, the<ol> [The] use of 
cutback asphalt containing VOC solvents for the paving of roadways, driveways, 
or parking lots [in Dallas, El Paso, and Tarrant Counties] is restricted to no 
more than 7.0% of the total annual volume averaged over a two-year period of 
asphalt used or specified for use by any state, municipal, or county agency who 
uses or specifies the type of asphalt application.
(3) <nl>In the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas, no [No] person shall allow the use, application, sale, 
or offering<ol> [offer] for sale of cutback asphalt containing VOC solvents for 
paving roadways, driveways, or parking lots [in Brazoria, Dallas, El Paso, 
Galveston, Harris, Jefferson, Orange, and Tarrant Counties] during the period 
from April 16 to September 15 of any year.
(4) (No change.)
sec.115.513. Alternate Control Requirements. For all affected persons in 
<nl>Nueces County and the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas <ol> [the counties referenced in sec.115.519 of this 
title (relating to Counties and Compliance Schedules)], alternate methods of 
demonstrating and documenting continuous compliance with the applicable control 
requirements or exemption criteria in this section may be approved by the 
executive director in accordance with sec.115.910 of this title (relating to 
Alternate Means of Control) if emission reductions are demonstrated to be 
substantially equivalent.
sec.115.515. Testing Requirements. <ol> For <nl>Nueces County and the 
Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston 
areas<ol> [the counties referenced in sec.115.519 of this title (relating to 
Counties and Compliance Schedules)], compliance with sec.115.512(4) of this 
title (relating to Control Requirements) shall be determined by applying the 
following test methods, as appropriate:
(1)-(2) (No change.)
sec.115.516. Recordkeeping Requirements. <ol> For <nl>Nueces County and the 
Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston 
areas<ol> [the counties referenced in sec.115.519 of this title (relating to 
Counties and Compliance Schedules)], any state, municipal, or county agency who 
uses or specifies the use of the type of asphalt or asphalt emulsion affected by 
sec.115.512 of this title (relating to Control Requirements) shall maintain 
records sufficient to document compliance with applicable restrictions and shall 
make such records available upon request to representatives of the Texas Air 
Control Board, United States Environmental Protection Agency, or the local air 
pollution control agency having jurisdiction in the area.
sec.115.517. Exemptions.  For persons in <nl>Nueces County and the Beaumont/Port 
Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas <ol> [the 
counties referenced in sec.115.519 of this title (relating to Counties and 
Compliance Schedules)], the following are exempt from the provisions of 
sec.115.512(3) of this title (relating to Control Requirements):
(1)-(2) (No change.)
sec.115.519. Counties and Compliance Schedules.
<nl>(a) All affected persons in Chambers, Collin, Denton, Fort Bend, Hardin, 
Liberty, Montgomery, and Waller Counties shall be in compliance with this 
undesignated head (relating to Cutback Asphalt) as soon as practicable but no 
later than April 16, 1993.
<nl>(b) All persons in Brazoria, Galveston, Harris, Jefferson, and Orange 
Counties affected by the provisions of sec.115.512(2) of this title (relating to 
Exemptions) shall be in compliance with this section as soon as practicable, but 
no later than December 31, 1992.<ol> [All affected persons in Brazoria, Dallas, 
El Paso, Galveston, Harris, Jefferson, Nueces, Orange, and Tarrant Counties 
shall be in compliance with this undesignated head (relating to Cutback Asphalt) 
in accordance with all compliance schedules which have expired prior to January 
1, 1991, in accordance with sec.115.930 of this title (relating to Compliance 
Dates), except that all persons in Brazoria, El Paso, Galveston, Harris, 
Jefferson, and Orange Counties affected by sec.115.512(3) of this title 
(relating to Control requirements) shall be in compliance as soon as 
practicable, but no later than April 16, 1992.]
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 17, 1992.
TRD-9200953
Lane Hartsock
Deputy Director, Air Quality Planning
Texas Air Control Board
Proposed date of adoption: May 15, 1992
For further information, please call: (512) 908-1451
       
Perchloroethylene Dry Cleaning Systems
31 TAC sec.sec.115.521-115.527, 115.529
The Texas Air Control Board (TACB) proposes amendments to sec.sec.115.521-115. 
527, and 115. 529, concerning perchloroethylene dry cleaning systems. The 
proposed changes have been developed in response to a requirement by the United 
States Environmental Protection Agency (EPA) to extend the controls that 
currently exist in certain ozone nonattainment areas to other previously-
designated nonattainment areas. This program is referred to as "leveling the 
playing field." The proposed changes have also been developed in response to a 
requirement by EPA to extend controls that currently exist in certain ozone 
nonattainment areas to newly-designated, adjacent nonattainment counties. This 
program is referred to as the "perimeter county catch-ups." The revisions 
intended to remove potentially confusing cross-references and to otherwise 
improve clarity. Additionally, existing requirements for Gregg, Nueces, and 
Victoria Counties moved into a separate subsection in each section. However, no 
new requirements are intended for these three counties.
The proposed changes to sec.115.521, concerning emission specifications; 
sec.115.522, concerning control requirements; sec.115.523, concerning alternate 
control requirements;  s115.524, concerning inspection requirements; 
sec.115.525, concerning testing requirements; sec.115.526, concerning 
recordkeeping requirements; and sec.115.527, concerning exemptions, expand by 
definition the applicability of the requirements and remove potentially 
confusing cross-references. The proposed changes to sec.115.527 also remove the 
550 pound per day exemption in Brazoria, El Paso, Galveston, Jefferson, and 
Orange Counties such that requirements in these counties will be consistent with 
requirements in Dallas, Harris, and Tarrant Counties. The proposed changes to 
sec.115.529, concerning counties and compliance schedules, specify applicable 
perimeter counties and previously-designated nonattainment counties, add a 
compliance date for the additional counties, and remove obsolete paragraphs.
Bennie Engelke, deputy director of administrative services, has determined that 
for the first five-year period the sections are in effect there will be no 
fiscal implications for state or local government or for small businesses. The 
anticipated economic cost to persons and businesses required to implement the 
proposed measures are associated with abatement and recordkeeping requirements 
and are estimated as follows: per facility: $0 for fiscal year (fy) 1992 and $2, 
000 for fys 1993-1996. Any costs continuing beyond 1996 would be continuing 
operating, maintenance, and recordkeeping costs. All estimates are stated in 
1992 dollars with no adjustments for inflation.
Lane Hartsock, deputy director of air quality planning, has determined that for 
each year of the first five years the sections are in effect the public benefit 
anticipated as a result of enforcing the sections will be rules which are more 
uniformly applicable in all Texas ozone nonattainment areas and satisfaction of 
EPA requirements.
Public hearings on this proposal are scheduled for the following times and 
places: February 24, 1992, 7 p.m., John Gray Institute, 8550 Florida Avenue, 
Beaumont; February 25, 1992, 7 p.m., City of El Paso, Council Chambers, Second 
Floor, 2 Civic Center Plaza, El Paso, February 25, 1992, 11 a.m., City of 
Houston, Pollution Control Building Auditorium, 7411 Park Place Boulevard, 
Houston; and February 26, 1992, 6 p.m. City of Arlington, Council Chambers, 101 
West Abram Street, Arlington.
Written comments not presented at the hearings may be submitted to the TACB 
central office in Austin through February 28, 1992. Material received by the 
Regulation Development Division by 4 p.m. on that date will be considered by the 
board prior to any final action on the proposed revisions. Copies of the 
proposed revisions are available at the central office of the TACB located at 
12124 Park 35 Circle, Austin, Texas 78753, and at all TACB regional offices. For 
further information, contact Eddie Mack at (512) 908-1488.
The amendments are proposed under the Texas Clean Air Act (TCAA) sec.382.017, 
Texas Health and Safety Code (Vernon 1990), which provides TACB with the 
authority to adopt rules consistent with the policy and purposes of the TCAA.
sec.115.521. Emission Specifications.
(a) For the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas as defined in sec.115.10 of this title (relating to 
Definitions<ol> [counties referenced in sec.115.529 of this title (relating to 
Counties and Compliance Schedules)], the owner or operator of a dry cleaning 
facility using perchloroethylene shall vent the entire dryer exhaust through a 
properly functioning control device such that emissions are limited to no more 
than 100 ppm before dilution.
<nl>(b) For Gregg, Nueces, and Victoria Counties, the owner or operator of a dry 
cleaning facility using perchloroethylene shall vent the entire dryer exhaust 
through a properly functioning control device such that emissions are limited to 
no more than 100 ppm before dilution.
sec.115.522. Control Requirements.
<nl>(a) For the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas<ol> [counties referenced in sec.115.529 of this title 
(relating to Counties and Compliance Schedules)], the owner or operator of a dry 
cleaning facility using perchloroethylene shall apply the following control 
requirements:
(1)-(4) (No change.)
<nl>(b) For Gregg, Nueces, and Victoria Counties, the owner or operator of a dry 
cleaning facility using perchloroethylene shall apply the following control 
requirements:
<nl>(1) cook or treat all diatomaceous earth filters so that the residue 
contains 25% by weight or less of volatile organic compounds (VOC);
<nl>(2) reduce the VOC from all solvent stills to 60 weight percent or less of 
wet waste material:
<nl>(3) drain all filtration cartridges in the filter housing for at least 24 
hours before removing and discarding the cartridges and, when possible dry all 
drained cartridges in the dryer tumbler or elsewhere without emitting VOC to the 
atmosphere; and
<nl>(4) store all solvent-contaminated waste materials in vapor-tight containers 
prior to proper disposal.
sec.115.523. Alternate Control Requirements.
<nl>(a) For all affected persons in the <nl>Beaumont/Port Arthur, Dallas/Fort 
Worth, El Paso, and Houston/Galveston areas [counties referenced in sec.115.529 
of this title (relating to Counties and Compliance Schedules)], alternate 
methods of demonstrating and documenting continuous compliance with the 
applicable control requirements or exemption criteria in this section may be 
approved by the executive director in accordance with sec.115.910 of this title 
(relating to Alternate Means of Control) if emission reductions are demonstrated 
to be substantially equivalent.
<nl>(b) For all affected persons in Gregg, Nueces, and Victoria Counties, 
alternate methods of demonstrating and documenting continuous compliance with 
the applicable control requirements or exemption criteria in this section may be 
approved by the executive director in accordance with sec.115.910 of this title 
(relating to Alternate Means of Control) if emission reductions are demonstrated 
to be substantially equivalent.
sec.115.524. Inspection Requirements.
<nl>(a) For all affected persons in the <nl>Beaumont/Port Arthur, Dallas/Fort 
Worth, El Paso, and Houston/Galveston areas<ol> [counties referenced in 
sec.115.529 of this title (relating to Counties and Compliance Schedules)], the 
owner or operator of a dry cleaning facility using perchloroethylene shall 
visually inspect, at least weekly, all system components and immediately repair 
all liquid leaks.
<nl>(b) For all affected persons in Gregg, Nueces, and Victoria Counties, the 
owner or operator of a dry cleaning facility using perchloroethylene shall 
visually inspect, at least weekly, all system components and immediately repair 
all liquid leaks.
sec.115.525. Testing Requirements.
<nl>(a) For the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas<ol> [counties referenced in sec.115.529 of this title 
(relating to Counties and Compliance Schedules)], compliance with 
sec.115.521<nl>(a)<ol>of this title (relating to Emission Specifications) shall 
be determined by applying the following test methods, as appropriate:
(1)-(5) (No change.)
<nl>(b) For Gregg, Nueces, and Victoria Counties, compliance with sec.115.521(b) 
of this title (relating to Emission Specifications) shall be determined by 
applying the following test methods, as appropriate:
<nl>(1)  Test Methods 1-4 (40 Code of Federal Regulations (CFR) 60. Appendix A) 
for determining flow rates, as necessary;
<nl>(2) Test Method 18 (40 CFR 60, Appendix A for determining gaseous organic 
compound emissions by aas chromatography;
<nl>(3) Test Method 25 (40 CFR 60, Appendix A) for determining total gaseous 
nonmethane organic emissions as carbon;
<nl>(4) Test Methods 25A or 25B (40 CFR 60, Appendix A) for determining total 
gaseous organic concentrations using flame ionization or nondispersive infrared 
analysis; or
<nl>(5) minor modifications to these test methods approved by the executive 
director.
sec.115.526. Recordkeeping Requirements. <ol> For the Beaumont/Port Arthur, 
Dallas/Fort Worth, El Paso, and Houston/Galveston areas [counties referenced in  
s115.529 of this title (relating to Counties and Compliance Schedules)], the 
owner or operator of any perchloroethylene dry cleaning facility shall maintain 
the following information for two years and make such information available for 
review upon request by authorized representatives of the Texas Air Control 
Board, United States Environmental Protection Agency, and local air pollution 
control agencies:
(1) (No change.)
(2) a record of the results of visual leak inspections conducted in accordance 
with sec.115.524<nl>a <ol> of this title (relating to Inspection Requirements);
(3) the results of all tests conducted in accordance with the requirements 
described in sec.115.525<nl>(a) <ol> of this title (relating to Testing 
Requirements).
sec.115.527. Exemptions.
<nl>(a) For the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas<ol> [counties referenced in sec.115.529 of this title 
(relating to Counties and Compliance Schedules)], the following exemptions shall 
apply.
(1)  (No change.)
(2) <nl>Until August 1, 1993 in Brazoria, El Paso, Galveston, Jefferson, or 
Orange Counties, any<ol> [Any] perchloroethylene dry cleaning facility [located 
in Brazoria, El Paso, Galveston, Gregg, Jefferson, Nueces, or Orange, or 
Victoria Counties] which, when uncontrolled, would emit a combined weight of 
volatile organic compounds  <nl>(VOC)<ol> of less than 550 pounds (249.5 kg) in 
any consecutive 24-hour period is exempt from the provisions of this 
undesignated head (relating to Perchloroethylene Dry Cleaning Systems).
<nl>(b) For Gregg, Nueces, and Victoria Counties, the following exemptions shall 
apply.
<nl>(1) Coin-operated perchloroethylene dry cleaning facilities are exempt from 
the provisions of this undesignated head (relating to Perchloroethylene Dry 
Cleaning Systems).
<nl>(2) Any perchloroethylene dry cleaning facility which when uncontrolled, 
would emit a combined weight of VOC of less than 550 pounds (249.5 kg) in any 
consecutive 24-hour period is exempt from the provisions of this undesignated 
head (relating to Perchloroethylene Dry Cleaning Systems).
sec.115.529. Counties and Compliance Schedules.
<nl>(a) All affected persons in Chambers, Collin, Denton, Fort Bend, Hardin, 
Liberty, Montgomery, and Waller Counties shall be in compliance with 
sec.115.521(a) of this title (relating to Emission Specifications), 
sec.115.522(a) of this title (relating to Control Requirements), sec.115.523(a) 
of this title (relating to Alternate Control Requirements) sec.115.524(a) of 
this title (relating to Inspection Requirements), sec.115.525(a) of this title 
(relating to Testing Requirements), sec.115.526 of this title (relating to 
Recordkeeping Requirements) and sec.115.527(a) of this title (relating to 
Exemptions) as soon as practicable but no later than August 1, 1993.
<nl>(b) All persons in Brazoria, El Paso, Galveston, Jefferson, and Orange 
Counties affected by the provisions of sec.115.527(a)(2) shall be in compliance 
with this section as soon as practicable, but no later than August 1, 1993.<ol> 
[All affected persons in Brazoria, Dallas, El Paso, Galveston, Gregg, Harris, 
Jefferson, Nueces, Orange, Tarrant, and Victoria Counties shall be in compliance 
with this undesignated head (relating to Perchloroethylene Dry Cleaning Systems) 
in accordance with the following schedules:
[(1) all compliance schedules which have expired prior to February 1, 1990, in 
accordance with sec.115.930 of this title (relating to Compliance Dates);
[(2) all persons in Brazoria, Dallas, El Paso, Galveston, Harris, Jefferson, 
Orange, and Tarrant Counties affected by the provisions of sec.115.526 of this 
title (relating to Recordkeeping Requirements) shall be in compliance as soon as 
practicable but no later than August 31, 1990; and
[(3) all persons required to implement controls as a result of the removal of 
the exemptions previously granted for inadequate space or insufficient steam 
capacity shall be in compliance as soon as practicable but no later than August 
31, 1990.]
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 17, 1992.
TRD-9200954
Lane Hartsock
Deputy Director, Air Quality Planning
Texas Air Control Board
Proposed date of adoption: May 15, 1992
For further information, please call: (512) 908-1451
       
Pharmaceutical Manufacturing Facilities
31 TAC sec.sec.115.531-115.537, 115.539
The Texas Air Control Board (TACB) proposes amendments to sec.sec.115.531-115. 
537, and 115.539, concerning pharmaceutical manufacturing facilities. The 
proposed changes have been developed in response to a requirement by the U. S. 
Environmental Protection Agency (EPA) to extend the controls that currently 
exist in certain ozone nonattainment areas to other previously-designated 
nonattainment areas. This program is referred to as "leveling the playing field. 
" The proposed changes also have been developed in response to a requirement by 
EPA to extend controls that currently exist in certain ozone nonattainment areas 
to newly-designated, adjacent nonattainment counties. This program is referred 
to as the "perimeter county catch-ups." The revisions are also intended to 
remove potentially confusing cross-references and to otherwise improve clarity. 
Additionally, existing requirements for Gregg, Nueces, and Victoria Counties 
have been moved into a separate subsection in each section. However, no new 
requirements are intended for these three counties.
The proposed changes to sec.115.531, concerning emission specifications; 
sec.115.532, concerning control requirements; sec.115.533, concerning alternate 
control requirements;  s115.534, concerning inspection requirements; 
sec.115.535, concerning testing requirements; and sec.115.536, concerning 
Recordkeeping Requirements, expand by definition the applicability of current 
requirements to include the additional counties and remove potentially confusing 
cross-references. The proposed changes to sec.115.537, concerning exemptions, 
lower the 550 pounds per day exemption in Brazoria, Galveston, Jefferson, and 
Orange Counties to 15 pounds per day and remove potentially confusing cross-
references. The proposed changes to sec.115.539, concerning counties and 
compliance schedules, specify applicable perimeter counties, add a compliance 
date for the new requirements and the additional counties, and remove obsolete 
paragraphs.
Bennie Engelke, deputy director of administrative services, has determined that 
for the first five-year period the sections are in effect there will be no 
fiscal implications for state or local government or for small businesses. The 
anticipated economic cost to persons and businesses required to implement the 
proposed measures are associated with the expanded abatement, monitoring, and 
recordkeeping requirements and are estimated as follows: per facility control 
unit; $0 for fiscal year (fy) 1992 and $50,000 for fys 1993-1996; per volatile 
organic compound monitoring unit: $0 for fy 1992 and $15,000 for fys 1993-1996. 
Any costs continuing beyond 1996 would be continuing operating, maintenance, and 
recordkeeping requirements. All estimates are stated in 1992 dollars with no 
adjustments for inflation and assume continuing costs equal to those incurred 
during 1992-1996.
Lane Hartsock, deputy director of air quality planning, has determined that for 
each year of the first five years the sections are in effect the public benefit 
anticipated as a result of enforcing the sections will be rules which are more 
uniformly applicable in all Texas ozone nonattainment areas and satisfaction of 
EPA requirements.
Public hearings on this proposal are scheduled for the following times and 
places: February 24, 1992, 7 p.m., John Gray Institute, 8550 Florida Avenue, 
Beaumont; February 25, 1992, 7 p.m., City of El Paso Council Chambers, Second 
Floor, 2 Civic Center Plaza, El Paso; February 25, 1992, 11 a.m., City of 
Houston Pollution Control Building Auditorium, 7411 Park Place Boulevard, 
Houston; February 26, 1992, 6 p.m., City of Arlington Council Chambers, 101 West 
Abram Street, Arlington.
Written comments not presented at the hearings may be submitted to the TACB 
central office in Austin through February 28, 1992. Material received by the 
Regulation Development Division by 4 p.m. on that date will be considered by the 
board prior to any final action on the proposed revisions. Copies of the 
proposed revisions are available at the central office of the TACB located at 
12124 Park 35 Circle, Austin, Texas 78753, and at all TACB regional offices. For 
further information, contact Eddie Mack at (512) 908-1488.
The amendments are proposed under the Texas Clean Air Act (TCAA), sec.382.017, 
Texas Health and Safety Code (Vernon 1990), which provides TACB with the 
authority to adopt rules consistent with the policy and purposes of TCAA.
sec.115.531. Emission Specifications.
<nl>(a) For the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas as defined in  s115.10 of this title (relating to 
Definitions)<ol> [counties referenced in sec.115.539 of this title (relating to 
Counties and Compliance Schedules)], the owner or operator of a synthesized 
pharmaceutical manufacturing facility shall satisfy the following emission 
specifications.
(1) (No change.)
(2) Air dryers and exhaust systems. VOC emissions from all air dryers and 
production equipment exhaust systems shall be reduced to <nl>not more than <ol> 
[at least] 33 lb/day (15 kg/day) or controlled in accordance with sec.115.532 
<nl>(a)<ol>(4) of this title (relating to Control Requirements).
(3) Loading facilities. VOC emissions from truck or railcar deliveries to 
storage tanks at loading facilities shall be controlled in accordance with 
sec.115.532<nl>(a)<ol>(4) of this title (relating to Control Requirements).
<nl>(b) For Gregg, Nueces, and Victoria Counties, the owner or operator of a 
synthesized pharmaceutical manufacturing facility shall satisfy the following 
emission specifications.
<nl>(1) Reactors, distillation units, crystallizers, centrifuges, and vacuum 
dryers. The emission of VOC from these sources shall be controlled by means of 
surface condensers from which the condenser outlet gas temperature must not 
exceed the following.
[graphic]
<nl>(2) Air dryers and exhaust systems. VOC emissions from all air dryers and 
production equipment exhaust systems shall be reduced to not more than 33 lb/day 
(15 kg/day) or controlled in accordance with 115.532(b)(4) of this title 
(relating to Control Requirements).
<nl>(3) Loading facilities. VOC emissions from truck or railcar deliveries to 
storage tanks at loading facilities shall be controlled in accordance with 
115.532(b)(4).
sec.115.532. Control Requirements.
<nl>(a) For the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas<ol> [counties referenced in sec.115.539 of this title 
(relating to Counties and Compliance Schedules), the owner or operator of a 
synthesized pharmaceutical manufacturing facility shall provide the following 
specified controls.
(1)-(3) (No change.)
(4) <nl>Air dryers, production equipment exhaust systems, and loading 
facilities. <ol>Sources affected by sec.115.531<nl>(a) <ol> of this title 
(relating to Emission Specifications) shall be controlled by a system with a 
reduction efficiency of at least 90% of the uncontrolled emissions.
(5) Pharmaceutical manufacturing facility. Any pharmaceutical manufacturing 
facility that becomes subject to the provisions of paragraphs (1)-(4) of this 
subsection by exceeding provisions of sec.115. 537<nl>(a)<ol> of this title 
(relating to Exemptions) will remain subject to the provisions of this 
subsection, even if throughput or emissions later fall below exemption limits.
<nl>(b) For Gregg, Nueces, and Victoria Counties, the owner or operator of a 
synthesized pharmaceutical manufacturing facility shall provide the following 
specified controls.
<nl>(1) Tanks.
<nl>(A) All in-process tanks that contain VOC at any time shall be kept covered, 
except when production, sampling, maintenance, or inspection procedures require 
operator access.
<nl>(B) All storage tanks that store VOC shall have pressure vacuum conservation 
vents installed which are set at  134>0.8 inches of water ( 134>0.2 kPa), unless 
a more effective control system is used.
<nl>(2)  Centrifuges and filters. Centrifuges, rotary vacuum filters, and other 
filters having an exposed liquid surface which process liquids containing VOC 
shall be enclosed.
<nl>(3) Leaks.
<nl>(A) All liquid leaks containing VOC from a process unit or storage tank 
shall be required the first time the equipment is off-line long enough to 
complete the repair.
<nl>(B) All liquid or gaseous leaks of VOC observed during loading operations 
shall be required immediately. Loading operations shall be discontinued until 
the leak is repaired.
<nl>(4) Air dryers, production equipment exhaust systems, and loading 
facilities. Sources affected by sec.115.531(b) shall be controlled by a system 
with a reduction efficiency of at least 90 of the uncontrolled emissions.
sec.115.533. Alternate Control Requirements.
<nl>(a) For all affected persons in the <nl>Beaumont/Port Arthur, Dallas/Fort 
Worth, El Paso, and Houston/Galveston areas<ol> [counties referenced in 
sec.115.539 of this title (relating to Counties and Compliance Schedules)], 
alternate methods of demonstrating and documenting continuous compliance with 
the applicable control requirements or exemption criteria in this section may be 
approved by the executive director in accordance with sec.115.910 of this title 
(relating to Alternate Means of Control) if emission reductions are demonstrated 
to be substantially equivalent.
<nl>(b) For all affected persons in Gregg, Nueces, and Victoria Counties, 
alternate methods of demonstrating and documenting continuous compliance with 
the applicable control requirements or exemption criteria in this section may be 
approved by the executive director in accordance with sec.115.910 if emission 
reductions are demonstrated to be substantially equivalent.
sec.115.534. Inspection Requirements.
<nl>(a) For all affected persons in the <nl>Beaumont/Port Arthur, Dallas/Fort 
Worth, El Paso, and Houston/Galveston areas<ol> [counties referenced in 
sec.115.539 of this title (relating to Counties and Compliance Schedules)], the 
following inspection requirements shall apply.
(1)-(2) (No change.)
<nl>(b) For all affected persons in Gregg, Nueces, and Victoria Counties, the 
following inspection requirements shall apply.
<nl>(1) Inspection for visible liquid leaks, visible fumes, or significant odors 
resulting from the transfer of VOC from trucks or railcars to storage tanks at 
loading facilities shall be conducted by the owner or operator of any 
pharmaceutical manufacturing facility.
<nl>(2) VOC loading or unloading through the affected transfer lines shall be 
discontinued immediately when a leak is observed and shall not be resumed until 
the observed leak is repaired.
sec.115.535. Testing Requirements.
<nl>(a) For the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas<ol> [counties referenced in sec.115.539 of this title 
(relating to Counties and Compliance Schedules)], compliance with this 
undesignated head (relating to Pharmaceutical Manufacturing Facilities) shall be 
determined by applying the following test methods, as appropriate:
(1)-(6) (No change.)
<nl>(b) For Gregg, Nueces, and Victoria Counties, compliance with this 
undesignated head shall be determined by applying the following test methods. as 
appropriate:
<nl>(1) Test Methods 1-4 (40 Code of Federal Regulations (CFR) 60, Appendix A) 
for determining flow rate, as necessary;
<nl>(2)  Test Method 18 (40 CFR 60, Appendix A) for determining gaseous organic 
compound emissions by gas chromatography;
<nl>(3) Test Method 25 (40 CFR 60, Appendix A) for determining total gaseous 
nonmethane organic emissions as carbon;
<nl>(4) Test Methods 25A or 25B (40 CFR 60, Appendix A) for determining total 
gaseous organic concentrations using flame ionization or nondispersive infrared 
analysis;
<nl>(5) determination of true vapor pressure using ASTM Test Method D323-82 for 
the measurement of Reid vapor pressure, adjusted for actual storage temperature 
in accordance with API Publication 2517, Third Edition, 1989; or
<nl>(6) minor modifications to these test methods approved by the executive 
director.
sec.115.536. Recordkeeping Requirements.
<nl>(a) For the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas<ol> [counties referenced in sec.115.539 of this title 
(relating to Counties and Compliance Schedules)], the following recordkeeping 
requirements shall apply.
(1) The owner or operator of any pharmaceutical manufacturing facility which 
utilizes a surface condenser to control emissions of volatile organic compounds 
(VOC) from process units affected by sec.115.531(a)(1) of this title (relating 
to Emission Specifications) shall record the outlet gas tempera- ture.
(2) The owner or operator of any pharmaceutical manufacturing facility which 
utilizes a vapor recovery system to satisfy the requirements of 
sec.115.531<nl>(a)<ol> or sec.115.532<nl>(a)<ol> of this title (relating to 
Control Requirements) shall:
(A)-(B) (No change.)
(3) The owner or operator of any pharmaceutical manufacturing facility which is 
exempted from the requirements in accordance with the provisions of 
sec.115.537<nl>(a)<ol> of this title (relating to Exemptions) shall maintain a 
record of the following information, as appropriate:
(A)-(B) (No change.)
(4)  The owner or operator of any affected pharmaceutical manufacturing facility 
shall maintain records of any testing conducted at an affected facility in 
accordance with the provisions specified in sec.115.535 (a) of this title 
(relating to Testing Requirements).
(5) (No change.)
<nl>(b)  For Gregg, Nueces, and Victoria Counties, the following recordkeeping 
requirements shall apply.
<nl>(1) The owner or operator of any pharmaceutical manufacturing facility which 
utilizes a surface condenser to control emissions of VOC from process units 
affected by sec.115.531(b)(1) shall record the outlet gas temperature.
<nl>(2) The owner or operator of any pharmaceutical manufacturing facility which 
utilizes a vapor recovery system to satisfy the requirements of sec.115.531(b) 
or  s115.532(b) shall:
<nl>(A) install and maintain monitors to accurately measure and record 
operational parameters of all required control devices as necessary to ensure 
the proper functioning of those devices in accordance with design 
specifications, such as:
<nl>(i)<nl> the exhaust gas temperature of direct-flame incinerators and/or the 
gas temperature immediately upstream and downstream of any catalyst bed;
<nl>(ii)<nl> the total amount of VOC recovered by carbon adsorption or other 
solvent recovery systems during a calendar month; or
<nl>(iii)<nl> the daily emission rate of VOC from the control device;
<nl>(B) maintain a record of the dates and reasons for any maintenance and 
repair of the required control devices and the estimated quantity and duration 
of VOC emissions during such activities.
<nl>(3)  The owner or operator of any pharmaceutical manufacturing facility 
which is exempted from the requirements in accordance with the provisions of 
sec.115. 537(b) shall maintain a record of the following information, as 
appropriate:
<nl>(A) the vapor pressure of materials transferred at loading facilities, 
stored in tanks, or processed in centri-fuges and filters; and
<nl>(B) the daily emissions rate of VOC.
<nl>(4) The owner or operator of any affected pharmaceutical manufacturing 
facility shall maintain records of any testing conducted at an affected facility 
in accordance with the provisions specified in sec.115.535(b).
<nl>(5) The owner or operator of any affected pharmaceutical manufacturing 
facility shall maintain all records at the affected facility for at least two 
years and make such records available upon request to representatives of the 
Texas Air Control Board, United States Environmental Protection Agency, or local 
air pollution control agency.
sec.115.537. Exemptions.
<nl>(a) For the <nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and 
Houston/Galveston areas<ol> [counties referenced in sec.115.539 of this title 
(relating to Counties and Compliance Schedules)], the following exemptions shall 
apply.
(1) Storage tanks at loading facilities with capacities less than or equal to 
2,000 gallons (7,571 liters) are exempt from the requirements of 
sec.115.531<nl>(a)<ol>(3) of this title (relating to Emission Specifications).
(2) Storage tanks at loading facilities that store volatile organic compounds 
(VOC) with vapor pressures less than or equal to 4.1 psia (28 kPa) at 68 
Fahrenheit (20 Celsius) are exempt from the requirements of 
sec.115.531<nl>(a)<ol>(3).
(3) Storage tanks containing VOC with vapor pressures less than or equal to 1.5 
psia (10.3 kPa) at 68 Fahrenheit (20 Celsius) are exempt from the requirements 
of sec.115.532 <nl>(a)<ol>(1)(B) of this title (relating to Control 
Requirements).
(4) Centrifuges and filters which process liquids containing VOC with vapor 
pressures less than 0.5 psia (3.4 kPa) at 68 Fahrenheit (20 Fahrenheit) are 
exempt from the requirements of sec.115. 532<nl>(a)<ol>(2).
(5) <nl>Until July 31, 1993 in Brazoria, Galveston, Jefferson, and Orange 
Counties, any<ol> [Any] facility in [Brazoria, Galveston, Gregg, Jefferson, 
Nueces, Orange, or Victoria Counties] which, when uncontrolled, will emit a 
combined weight of VOC less than 550 pounds (249.5 kg) in any continuous 24-hour 
period is exempt from the provisions of sec.115.531<nl>(a)<ol> of this title 
(relating to Emission Specifications) and  s115-532<nl>(a) <ol>.
(6) <nl>In Dallas, El Paso, Harris, and Tarrant Counties, any<ol> [Any] 
individual unit [located in Dallas, El Paso, Harris or Tarrant Counties] which, 
when uncontrolled, will emit a combined weight of VOC less than 15 pounds (6.8 
kg) in any continuous 24-hour period is exempt from the provisions of 
sec.115.531<nl>(a)<ol>  s115.532<nl>(a)<ol>.
<nl>(7)  After July 31, 1993 in counties other than Dallas, El Paso, Harris, and 
Tarrant, any individual unit which, when uncontrolled, will emit a combined 
weight of VOC less than 15 pounds (6.8 kq) in any continuous 24-hour period is 
exempt from the provisions of sec.115.531(a)<ol> and  s115.532<nl>(a) <ol>.
<nl>(b) For Gregg, Nueces, and Victoria Counties, the following exemptions shall 
apply.
<nl>(1) Storage tanks at loading facilities with capacities less than or equal 
to 2,000 gallons (7.571 liters) are exempt from the requirements of 
sec.115.531(b)(3).
<nl>(2) Storage tanks at loading facilities that store VOC with vapor pressures 
less than or equal to 4.1 sia (28 kPa at 68 Fahrenheit (20 Celsius) are exempt 
from the requirements of sec.115.531(b)(3).
<nl>(3) Storage tanks containing VOC with vapor pressures less than or equal to 
1.5 psia (10.3 kPa) at 68 Fahrenheit (20 Celsius) are exempt from the 
requirements of sec.115.532(b)(1)(B).
<nl>(4)  Centrifuges and filters which process liquids containing VOC with vapor 
pressures less than 0.5 psia (3.4 kPa) at 68 Fahrenheit (20 Celsius) are exempt 
from the requirements of sec.115.532(b)(2).
<nl>(5) Any facility which, when uncontrolled, will emit a combined weight of 
VOC less than 550 pounds (249. 5 kq) in any continuous 24-hour period is exempt 
from the provisions of sec.115. 531(b) and sec.115.532(b).
sec.115.539. Counties and Compliance Schedules.
<nl>(a) All affected persons in Chambers, Collin, Denton, Fort Bend, Hardin, 
Liberty, Montgomery, and Waller Counties shall be in compliance with 
sec.115.531(a) of this title (relating to Emission Specifications), 
sec.115.532(a) of this title (relating to Control Requirements), sec.115.533(a) 
of this title (relating to Alternate Control Requirements), sec.115.534(a) of 
this title (relating to Inspection Requirements), sec.115.535(a) of this title 
(relating to Testing Requirements), sec.115.536(a) of this title (relating to 
Recordkeeping Requirements), and sec.115.537(a) of this title (relating to 
Exemptions) as soon as practicable, but no later than July 31, 1993.
<nl>(b) All persons in Brazoria, Galveston, Jefferson, and Orange Counties 
affected by the provisions of sec.115.537(a)(7) shall be in compliance with this 
section as soon as practicable, but no later than July 31, 1993.<ol> [All 
affected persons in Brazoria, Dallas, El Paso, Galveston, Gregg, Harris, 
Jefferson, Nueces, Orange, Tarrant, and Victoria Counties shall be in compliance 
with this undesignated head (relating to Pharmaceutical Manufacturing 
Facilities) in accordance with the following schedules.
[(1) All affected persons shall be in compliance with all compliance schedules 
which have expired prior to January 1, 1991, in accordance with sec.115.930 of 
this title (relating to Compliance Dates).
[(2) All persons in Dallas, El Paso, and Tarrant Counties affected by the 
provisions of sec.115.536(2)(A)(ii) of this title (relating to Recordkeeping 
Requirements) and sec.115.537(6) of this title (relating to Exemptions) shall be 
in compliance with this section as soon as practicable, but no later than July 
31, 1992.]
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas on January 17, 1992.
TRD-9200955
Lane Hartsock
Deputy Director, Air Quality Planning
Texas Air Control Board
Proposed date of adoption: May 15, 1992
For further information, please call: (512) 908-1451
       
Subchapter G. Consumer Related Sources
Consumer Related Solvent Products
31 TAC sec.sec.115.612-115.615, 115.617, 115.619
The Texas Air Control Board (TACB) proposes a new sec.115.614 and amendments to 
sec.sec.115.612, 115.613, 115.615, 115.617, and 115.619, concerning consumer-
solvent products. The proposed changes have been developed in response to a 
requirement by the United States Environmental Protection Agency (EPA) to extend 
the controls that currently exist in certain ozone nonattainment areas to other 
previously-designated nonattainment areas. This program is referred to as 
"leveling the playing field." The proposed changes have also been developed in 
response to a requirement by EPA to extend controls that currently exist in 
certain ozone nonattainment areas to newly-designated, adjacent nonattainment 
counties. This program is referred to as the "perimeter county catch-ups." The 
revisions are also intended to remove potentially confusing cross-references and 
to otherwise improve clarity.
The proposed changes to sec.115.612, concerning control requirements, expand by 
definition the applicability of the requirements, add a maximum allowable 
volatile organic compound (VOC) content for automobile windshield washer fluids, 
and remove potentially confusing cross-references. The proposed changes to 
sec.115.613, concerning alternate control requirements, and sec.115.617, 
concerning exemptions, expand the applicability of the requirements, and remove 
potentially confusing cross-references.
The proposed new sec.115.614, concerning inspection requirements, requires that 
samples of the windshield washer fluid be supplied to TACB, federal, or local 
program inspectors at no cost. The proposed changes to sec.115.615, concerning 
testing requirements, correct the referenced test method and remove potentially 
confusing cross-references. The proposed changes to sec.115.619, concerning 
counties and compliance schedules, specify applicable perimeter counties and 
previously-designated nonattainment counties, and add a compliance date for the 
additional counties.
Bennie Engelke, deputy director of administrative services, has determined that 
for the first five-year period the sections are in effect there will be no 
fiscal implications for state or local governments or for small businesses. 
There is no anticipated economic cost for persons and businesses required to 
implement the proposed measures.
Lane Hartsock, deputy director of air quality planning, has determined that for 
each year of the first five-year period the sections are in effect the public 
benefit anticipated as a result of enforcing the sections will be rules which 
are more uniformly applicable in all Texas ozone nonattainment areas and 
satisfaction of EPA requirements.
Public hearings on this proposal are scheduled for the following times and 
places: February 24, 1992, 7 p.m., John Gray Institute, 8550 Florida Avenue, 
Beaumont; February 25, 1992, 7 p.m., City of El Paso, Council Chambers, Second 
Floor, 2 Civic Center Plaza, El Paso; February 25, 1992, 11 a.m., City of 
Houston, Pollution Control, Building Auditorium, 7411 Park Place Boulevard, 
Houston; and February 26, 1992, 6 p.m. City of Arlington, Council Chambers, 101 
West Abram Street, Arlington.
Written comments not presented at the hearings may be submitted to the TACB 
central office in Austin through February 28, 1992. Material received by the 
Regulation Development Division by 4 p.m. on that date will be considered by the 
Board prior to any final action on the proposed revisions. Copies of the 
proposed revisions are available at the central office of the TACB located at 
12124 Park 35 Circle, Austin, Texas 78753, and at all TACB regional offices. For 
further information, contact Eddie Mack at (512) 908-1488.
The amendments and the new section are proposed under the Texas Clean Air Act 
(TCAA) sec.382.017, Texas Health and Safety Code (Vernon 1990), which provides 
TACB with the authority to adopt rules consistent with the policy and purposes 
of TCAA.
sec.115.612. Control Requirements. <ol> For persons in the <nl>Beaumont/Port 
Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas as defined in  
s115.10 of this title (relating to Definitions)<ol> [counties referenced in 
sec.115.619 of this title (relating to Counties and Compliance Schedules)], no 
person may sell or offer for sale automobile windshield washer fluids which 
contain volatile organic compounds as an active ingredient, solvent, or any 
other component <nl>in a concentration greater than 8.0% (by weight)<ol>.
sec.115.613. Alternate Control Requirements. For all affected persons in the 
<nl>Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston 
areas <ol> [counties referenced in sec.115.619 of this title (relating to 
Counties and Compliance Schedules)], alternate methods of demonstrating and 
documenting continuous compliance with the applicable control requirements or 
exemption criteria in this section may be approved by the executive director in 
accordance with sec.115.910 of this title (relating to Alternate Means of 
Control) if emission reductions are demonstrated to be substantially equivalent.
sec.115.614. Inspection Requirements. <ol> For the Beaumont/Port Arthur, 
Dallas/Fort Worth, El Paso, and Houston/Galveston Areas, all wholesalers and 
retailers affected by sec.115.612 of this title (relating to Control 
Requirements) must provide samples, without charge, upon request by 
representatives of the Texas Air Control Board, Environmental Protection Agency, 
or local air pollution control agency. The representative or inspector 
requesting the sample will determine the amount needed to test the sample.
sec.115.615. Testing Requirements. <ol> For the <nl>Beaumont/Port Arthur, 
Dallas/Fort Worth, El Paso, and Houston/Galveston areas <ol> [counties 
referenced in sec.115.619 of this title (relating to Counties and Compliance 
Schedules)], compliance with sec.115.612 of this title (relating to Control 
Requirements) shall be determined by applying the following test methods, as 
appropriate:
(1) Test Method <nl>24<ol> [24A] (40 Code of Federal Regulations 60, Appendix A) 
for the determination of volatile matter content<nl>, water content, density, 
volume solids, and weight solids of surface coatings<ol> [and density of 
printing inks and related coatings]; or
(2) (No change.)
sec.115.617. Exemptions.  For persons in the  <nl>Beaumont/Port Arthur, 
Dallas/Fort Worth, El Paso, and Houston/Galveston areas<ol> [counties referenced 
in sec.115.619 of this title (relating to Counties and Compliance Schedules)], 
the following products are exempt from the provisions of sec.115.612 of this 
title (relating to Control Requirements):
<nl>(1) products purchased by and delivered to a retail outlet in affected 
counties other than Dallas and Tarrant prior to April 30, 1993;
[(1) products purchased by and delivered to a retail outlet in affected counties 
prior to December 31, 1988;]
(2)-(4) (No change.)
sec.115.619. Counties and Compliance Schedules. All affected persons within 
Dallas and Tarrant Counties shall be in compliance with this undesignated head 
(relating to Consumer-Solvent Products) as soon as practicable, but no later 
than December 31, 1989. <nl>All affected persons within Brazoria, Chambers, 
Collin, Denton, El Paso, Fort Bend, Galveston, Hardin, Harris, Jefferson, 
Liberty, Montgomery, Orange, and Waller Counties shall be in compliance with 
this undesignated head as soon as practicable. but no later than April 30, 1993.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 17, 1992.
TRD-9200956
Lane Hartsock
Deputy Director, Air Quality Planning
Texas Air Control Board
Proposed date of adoption: May 15, 1992
For further information, please call: (512) 908-1451
       
TITLE 40. SOCIAL SERVICES AND ASSISTANCE
Part I. Texas Department of Human Services
Chapter 10. Family Self-support Services
Child Care Management Services Statewide Implementation
40 TAC sec.10.3404, sec.10.3445
The Texas Department of Human Services (DHS) proposes amendments to sec.10. 3404 
and sec.10.3445, concerning child care management services statewide 
implementation, in its Family Self-support Services chapter. The purpose of the 
amendment to sec.10.3404 is to delete duplicate material. The purpose of the 
amendment to sec.10.3445 is to add a new group of providers eligible to become 
vendors; specifically, day camps licensed by the Texas Department of Health as 
youth camps.
Burton F. Raiford, interim commissioner, has determined that for the first five-
year period the sections are in effect there will be no fiscal implications for 
state or local government as a result of enforcing or administering the 
sections.
Mr. Raiford also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be a wider choice of vendors for parents and the opportunity 
for more providers to become vendors. There will be no effect on small 
businesses. There is no anticipated economic cost to persons who are required to 
comply with the proposed sections.
Questions about the content of this proposal may be directed to Shelley Bjorkman 
at (512) 450-4174 in DHS's Child Care Program. Comments on the proposal may be 
submitted to Nancy Murphy, Policy and Document Support-383, Texas Department of 
Human Services E-503, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days 
of publication in the Texas Register .
The amendments are proposed under the Human Resources Code, Title 2, Chapters 22 
and 44, which authorizes the department to administer public assistance and day 
care programs.
sec.10.3404. Funding for Child Care Management Services (CCMS).
[(a)] The CCMS contractor manages budgets of multiple funds and conducts fiscal 
and statistical tracking and reporting as required by the Texas Department of 
Human Services (DHS).
[(b) The CCMS contractor authorizes child care in accordance with:
[(1) the type(s) of funds that match the child's eligibility status; and
[(2) the availability of those funds.]
sec.10.3445. Selection of Vendors. To become a vendor under a child care 
management services (CCMS) contractor, the <nl>child care provider <ol>[vendor] 
must meet the following requirements:
(1) be licensed or registered <nl>by<ol> [and not currently in corrective or 
adverse action with] the Texas Department of Human Services (DHS) Licensing 
Division <nl>or, if operating as a day camp, be licensed by the Texas Department 
of Health (TDH) as a youth camp;
<nl>(2) not be currently in corrective or adverse action with DHS or TDH;
<nl>(3)<ol>[(2)] be willing to sign a vendor agreement and abide by its terms; 
and
<nl>(4)<ol>[(3)] carry $300,000 or more per occurrence of liability insurance 
depending upon licensed capacity.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 17, 1992.
TRD-9200830
Nancy Murphy
Agency liaison, Policy and Document Support
Texas Department of Human Services
Proposed date of adoption: April 1, 1992
For further information, please call: (512) 450-3765
       
Chapter 19. Long Term Care Nursing Facility Requirements for Licensure and 
Medicaid Certification
Subchapter G. Resident Assessment
40 TAC sec.19.604
The Texas Department of Human Services (DHS) proposes an amendment to sec.19. 
604, concerning preadmission screening and annual resident review (PASARR). The 
purpose of the amendment is to allow residents of a nursing facility that has 
closed to move into a new facility without being screened prior to admission.
Burton F. Raiford, interim commissioner,has determined that for the first five-
year period the section is in effect there will be no fiscal implications for 
state or local government as a result of enforcing or administering the section.
Mr. Raiford also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be to enable nursing facility residents to move from their current 
facility if it closes, either voluntarily or involuntarily, without undergoing a 
preadmission screening before entering a new facility. There will be no effect 
on small businesses. There is no anticipated economic cost to persons who are 
required to comply with the section as proposed.
Comments on the proposal may be submitted to Marc Gold at (512) 450-3174 in 
DHS's Institutional Programs Section. Comments on the proposal may be submitted 
to Nancy Murphy, Agency Liaison, Policy and Document Support-014, Texas 
Department of Human Services E-503, P.O. Box 149030, Austin, Texas 78714-9030, 
within 30 days of publication in the Texas Register .
The amendment is proposed under the Human Resources Code, Title 2, Chapters 22 
and 32, which provides the department with the authority to administer public 
and medical assistance programs.
sec.19.604. Preadmission Screening and Annual Resident Review (PASARR).
(a) (No change.)
(b) Preadmission screenings.
(1)-(2) (No change.)
(3) Readmissions. The following individuals are not subject to preadmission 
screenings:
(A)-(B) (No change.)
<nl>(C) individuals who are forced to move to a new nursing facility because 
their current nursing facility's contract is terminated, regardless of the 
reason for termination.
(4)-(5) (No change.)
(c)-(g) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 17, 1992.
TRD-9200824
Nancy Murphy
Agency liaison, Policy and Document Support
Texas Department of Human Services
Earliest possible date of adoption: April 1, 1992
For further information, please call: (512) 450-3765