Adopted Sections
An agency may take final action on a section 30 days after a proposal has been 
published in the Texas Register. The section becomes effective 20 days after the 
agency files the correct document with the Texas Register, unless a later date 
is specified or unless a federal statute or regulation requires implementation 
of the action on shorter notice.
If an agency adopts the section without any changes to the proposed text, only 
the preamble of the notice and statement of legal authority will be published. 
If an agency adopts the section with changes to the proposed text, the proposal 
will be republished with the changes.
TITLE 25. HEALTH SERVICES
Part I. Texas Department of Health
Chapter 133. Hospital Licensing
Standards
25 TAC sec.133.21
The Texas Department of Health (department) adopts an amendment to sec.133. 21, 
concerning standards, without changes to the proposed text as published in the 
December 17, 1991, issue of the Texas Register (16 TexReg 7307). There also are 
no changes to the hospital licensing standards (standards) which are adopted by 
reference in sec.133.21.
The amendment to Chapters 1 and 4 of the standards implement the Health and 
Safety Code, sec.241.026(c)-(e) (House Bill 2004, 72nd Legislature), relating to 
the licensing of certain hospitals. The amendment provides for the waiver or 
modification of certain provisions of the standards to a particular special 
hospital or particular general or special hospital serving a rural community if 
the waiver or modification will facilitate the creation or operation of the 
hospital and if the waiver or modification is in the best interests of the 
individuals served or to be served by the hospital. The amendment will allow 
hospitals to implement alternative standards which are in the best interests of 
the individuals served or to be served by the hospitals.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Health and Safety Code, sec.241.026, which 
authorizes the Texas Board of Health (board) to adopt rules relating to waivers 
from and modifications of the hospital licensing standards; and sec.12.001, 
which provides the board with the authority to adopt rules for the performance 
of every duty imposed by law on the board, the department, and the commissioner 
of health.
sec.133.21. Adoption by Reference.
(a) The Texas Department of Health adopts by reference the rules contained in 
the department publication effective September 1, 1985, entitled, "Hospital 
Licensing Standards", as amended through March 1992.
(b) (No change.)
This agency hereby certifies that the rule as adopted has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on February 27, 1992.
TRD-9202877
Robert A. MacLean, M.D.
Deputy Commissioner
Texas Department of Health
Effective date: March 19, 1992
Proposal publication date: December 17, 1991
For further information, please call: (512) 834-6650
       
Chapter 337. Water Hygiene
Public Water Systems
The Texas Department of Health (department) adopts amendments to sec.sec.337. 
201, 337.202, 337.204-337.210, and 337.212; the repeal of sec.337.211; and new 
sec.337.211, concerning public water systems. The amendments to sec.sec.337.204-
337. 206, 337.208, and 337.209 are adopted with changes to the proposed text as 
published in the October 11, 1991, issue of the  Texas Register (16 TexReg 
5699). The amendments to sec.sec.337.201, 337.202, 337.207, 337.210, and 
337.212, and new sec.337.211, and the repeal of sec.337.211 are adopted without 
changes and will not be republished.
The amendments update the sections to conform to federal regulations concerning 
surface water treatment and clarify the language for the benefit of utilities 
and regulators. The areas in the sections which have been updated and clarified 
are as follows: definitions; general provisions; water sources, treatment, 
distribution, and storage; minimum water system capacity requirements; minimum 
acceptable operating practices for public drinking water systems; state approval 
recognition; minimum required water main sizes; and the sample or suggested 
sanitary control easement document for a public water well.
Comments received and the department responses are as follows.
Concerning sec.337.201, commenters expressed a desire for more thorough 
definitions of many of the terms used in this document. In response, the 
department acknowledges that a uniform list of definitions would be helpful but 
notes that this list would most likely increase the size of the document beyond 
practical limitations. The department maintains an active technical assistance 
program to address individual request for clarification of any part of their 
document.
Concerning sec.337.202(g), commenters expressed concern about the removal of the 
10% exclusion which allowed systems to make increases to storage or distribution 
capacities of less than 10% without making written notice to this department. 
The department's response is that the deletion is appropriate because the 
department had noted the difficulty by the regulated community in determining 
when they qualify for the 10% exclusion and disparity in the size of projects 
which meet the 10% exclusion depending on the size of the existing system. As 
such, the department, had decided to remove the 10% exclusion provision and 
return to its previous policy prior to 1988. The adopted subsection now requires 
notification of any proposed modification to system facilities but will not 
necessarily require that complete plans and specifications be submitted in all 
cases. Upon their notification to this department, the system will be advised if 
complete plans and specifications must be submitted.
Concerning sec.337.206(h)(2), the department received many comments concerning 
allowing water from heat exchangers. Most of the commenters opposed the request. 
The Board of Health, however, believes that the provision is appropriate and has 
retained it.
Concerning sec.207(b)(1), commenters expressed concern about the addition of a 
500-foot separation distance between water storage tanks and lands that are 
spray irrigated with sewage treatment plant effluent. The department's response 
is that this requirement was added due to the potential of contaminated aerosol 
from the spray irrigation process migrating into the stored water through the 
tank air vent. The commenters felt that existing systems should be exempt and 
that new systems need only attempt to meet this requirement. The department, 
however, feels that this requirement is consistent with good public health 
practices and has made no change.
Concerning sec.337.208(f), commenters expressed concern about the existing 
requirements for water wholesalers and the new requirements for purchased water 
system contracts. Most commenters felt that the capacity requirements for each 
of these areas were excessive. The department's response is that it had proposed 
no changes in the requirement for water wholesalers and these requirements are 
consistent with the capacity requirements for existing water productions 
facilities. The addition of the new requirements in the subsection for purchased 
water system contracts are consistent with current department policy and with 
the capacity requirements for systems that provide their own source of supply.
Concerning sec.337.209(d)(1), commenters requested an extension of the monthly 
operating report (MOR) due date from the 15th of the following month to the 20th 
or 25th. In response, the department disputes the commenter's claim that 
sufficient time is not granted by the existing time limit and, therefore, has 
retained the existing language. Also, in the case of systems that utilize 
surface water sources, the existing date is necessary so that the department can 
promptly notify systems of turbidity monitoring violations.
Concerning sec.337.209(f), commenters requested that the periodic chlorine 
residual monitoring requirement be relaxed further for small systems. The 
department's response is that its policy had previously required daily 
monitoring for all systems. The proposed language relaxed this requirement to 
allow those small systems which use groundwater or purchased water sources only 
and serve fewer than 100 connections or 250 persons to monitor only once every 
seven days. Currently, systems that meet this criteria are exempt from the 
requirement to submit MORs which require daily chlorine residual monitoring. 
Also, the department feels that periodic monitoring of chlorine residuals in the 
system is extremely important and is consistent with good public health 
practices. Therefore, the department has made no change.
In addition, the department has made several minor changes to the proposed 
sections as a result of comments and suggestions received from the public and 
department staff during the comment period.
General comments were received from: Southern Building Code Congress 
International, Inc.; Upper Guadalupe River Authority; City of Monahans; City of 
Normangee; Barksdale WSC; Bluebonnet WSC; Country Club WSC; North Texas 
Municipal Water District; Sky Harbour WSC; Texas Utility Service; and Philip 
McElroy. These commenters were neither for nor against the rules in their 
entirety, but had questions and recommendations.
Proposed sec.337.206(h)(2) received a considerable number of comments. Most of 
the commenters were against the proposed amendments to sec.337.206(h)(2) and 
they were: Texas Water Commission; U.S. Environmental Protection Agency; Dallas 
County Health Department; Dallas City Health Department; Galveston County Health 
District; Grand Prairie City Health Department; Harris County Health Department; 
San Marcos-Hays County Health Department; American Backflow Prevention 
Association; American Water Works Association-Texas Section; Canadian Water 
Utilities Association; Capitol Area Water Works Association; Coastal Bend Water 
Utilities Association; Coastal Bend Laboratory Analysts Association; Engineers 
Council of Houston; League of Women Voters; Mid Cities Water Utilities 
Association; Panhandle Regional Water Utilities Association; Permian Basin 
District Water Association; Rice Belt Water Utilities Association; Texas 
Association of Municipal Health Officials; Texas Municipal League; Texas Rural 
Water Association; Texas Society of Professional Engineers; Texas Water 
Utilities Association; Texas Water Utilities Association-North Central Chapter; 
Texoma Land Water Utilities Association; Greater Texoma Utility Authority; 
Guadalupe-Blanco River Authority; Gulf Coast Water Authority; South Texas Water 
Authority; Cities of Addison; Allen; Amarillo; Andrews; Arlington; Austin; 
Beaumont; Benbrook; Boerne; Booker; Bronte; Brownsville; Brownwood; Brazoria; 
Burleson; Canadian; Carrollton; Cedar Hill; Chico; Clear Lake; Clute; Cockrell 
Hill; Coppell; Corinth; Corpus Christi; Daingerfield; Dallas; Darrouzett; 
Denton; Denton Municipal Utilities; Dublin; Edgecliff Village; Ennis; Farmers 
Branch; Fate; Fort Worth; Freeport; Galveston; Garland; Georgetown; Glenn 
Heights; Grand Prairie; Granger; Grapevine; Greenville; Halton City; Harlingen; 
Higgins; Highland Village; Houston; Hudson Oaks; Hurst; Hutchins; Irving; 
Keller; Kennedale; Kirbyville; Lakeside; Laredo; League City; Lewisville; Llano; 
Lubbock; Mclean; Midland; Murphy; North Richland Hills; Odem; Pampa; Paris; 
Perryton; Plano; Ponder; Quintana; Richardson; Richland Hills; Richwood; 
Roanoke; San Antonio; Saginaw; San Angelo; Seguin; Smithville; Southlake; 
Spearman; Springtown; Taft; Temple; Tyler; Weatherford; Westover Hills; 
Westworth Village; Wheeler; Wichita Falls; Wilmer; Woodville; Venus; AM-TEX 
Corporation; Holiday Water Services, Inc.; Hot Wells Association; Hp Water 
Services Company; Muniservice Corporation; Southwest Water Services, Inc.; Texas 
Utility Management.; Texoma Services; Water Technology; Black & Veatch 
Engineers; CH2M Hill Engineers; Jones & Carter, Engineers Inc.; Sunbelt 
Engineers; Argyle Water Supply Corporation (WSC); Bi-Co. WSC.; Brooksmith 
Special Utility District (SUD); Brown County Water Implementation District #1; 
Caddo Basin SUD; Central Bowie County WSC; Central Texas WSC; Cypresswood 
Utility District; Dallas County Park Cities Municipal Utility District (MUD); 
Dobbin-Planterville WSC; El Oso WSC; Flashing-Peggy WSC; Fort Bend MUD #2; 
Galveston County Water Conservation and Improvement District (WCID) #1; 
Glennwood WSC; Green Forest District; Harris County MUD #102; Harris County WCID 
#132; Highland WSC; Kingsland WSC; Kingsland MUD; Klein PUD; North Texas 
Municipal Water District (MWD); Oak Hill WSC; Pine Prairie WSC; San Patricio 
MWD.; Tarrant County MUD #1; Three Oaks WSC; Travis County WCID #17; Wickson 
Creek Special Utility District; Apache Shores Utility Corporation; Holiday Oaks 
Water System; Horseshoe Bend Water Works; Indian Hills Water Company; Kerrville 
South Water Co; Kruger Water Works; Lake Vista Utility Company; Randolph 
Properties; Resort Water Services, Inc.; individuals of the Texas Legislature; 
an individual M.D.; in addition, a number of other individuals commented against 
the proposed amendments to sec.337.206(h)(2).
Commenters in support of the proposed amendments to sec.337.206(j)(2) were: 
Demarco Energy Systems of America, Inc.; Earth Energy Associates-Denver, 
Colorado; Cen-Tex Health Associates; John Harris Services; Pride Electric 
Company; Monroeville Water Authority, Monroeville, Pennsylvania; individuals of 
the Texas Legislature. A number of other individuals also commented in favor of 
the proposed amendment to sec.337.206(h)(2).
25 TAC sec.sec.337.201, 337.202, 337.204-337.212
The amendments and new section are adopted under Health and Safety Code (Code), 
sec.341.002, which provides the Board of Health with the authority to adopt 
rules covering public water systems, and to establish standards and procedures 
for the management and control of sanitation and for health protection measures; 
sec.12.001, which provides the board with the authority to adopt rules to 
implement every duty imposed by law on the board, the department, and the 
commissioner of health. The amendments and new section will affect the Code, 
Chapter 341.
sec.337.204. Water Sources.
(a)-(b) (No change.)
(c)  Ground water sources and development.
(1) Ground water sources shall be so located that there will be no danger of 
pollution from flooding or from insanitary surroundings, such as privies, 
sewage, sewage treatment plants, livestock and animal pens, solid waste disposal 
sites, or abandoned and improperly sealed wells.
(A) No well site which is within 50 feet of a tile or concrete sanitary sewer, 
sewerage appurtenance, septic tank, or storm sewer, or which is within 150 feet 
of a septic tank perforated drainfield, absorption bed, evapotranspiration bed, 
or underground fuel storage tank will be acceptable for use as a public drinking 
water supply well. Sanitary or storm sewers constructed of ductile iron or PVC 
pipe meeting AWWA standards, having a minimum working pressure of 150 psi or 
greater, and equipped with pressure type joints may be located at distances of 
less than 50 feet from a proposed well site but in no case shall the distance be 
less than 10 feet.
(B) (No change.)
(C) No water wells shall be located within 500 feet of animal feed lots, solid 
waste disposal sites, lands on which sewage plant or septic tank sludge is 
applied, or lands irrigated by sewage plant effluent.
(D)  (No change.)
(E) Abandoned or inoperative wells within one quarter mile of a proposed source 
shall be reported to the department along with existing or possible pollution 
hazards which may affect ground water quality. This information must be 
submitted prior to construction or as required by the department.
(F) (No change.)
(2) (No change.)
(3)  Special attention must be given to the construction, disinfection, 
protection, and testing of a well to be used as a public water supply source.
(A) The department shall be furnished a copy of the well completion data, which 
includes the following items: the driller's log (geological log and material 
setting report); a cementing certificate; the results of a 36-hour pump test; 
the results of the department's bacteriological and chemical analyses; a copy of 
the Sanitary Control Easement; and an original or legible copy of a United 
States Geological Survey 7.5-minute topographic quadrangle showing an accurate 
well location.
(B) (No change.)
(C) The space between the casing and drill hole shall be sealed by using 
sufficient cement under pressure to provide for completely filling and sealing 
of the annular space between the casing and the drill hole. The well casing 
shall be cemented in this manner from the top of the shallowest formation to be 
developed to the earth's surface.
(D)-(P) (No change.)
(4) (No change.)
(d)  Surface water sources and development.
(1) An evaluation shall be made of the proposed surface water impoundment or 
flowing supply in the area of diversion and its tributary streams to determine 
the degree of pollution from all sources within the watershed.
(A) (No change.)
(B) The disposal of all liquid or solid wastes from any source on the watershed 
must be in conformity with applicable regulations and state statutes. 
Additionally, pesticides or herbicides which are used within the watershed shall 
be applied in strict accordance with the product label restrictions.
(C)-(D) (No change.)
(2) Intakes shall be so located and constructed as to permit a wide variation in 
depths from which the raw water is taken as well as to permit withdrawal of 
water when reservoir levels are very low. Fixed level intakes are acceptable if 
water quality data is available to establish that the effect on water quality 
will be minimal.
(A)-(C) (No change.)
(D) A restricted zone of 200 feet radius from the raw water intake works shall 
be established and all recreational activities and trespassing shall be 
prohibited in this area. Regulations governing this zone shall be in the city 
ordinances or the rules and regulations promulgated by a water district or 
similar regulatory agency. Provisions shall be made for the strict enforcement 
of such ordinances or regulations. The restricted zone shall be designated with 
signs recounting these restrictions. The signs shall be maintained in plain view 
of the public and shall be visible from all parts of the restricted area. In 
addition, special buoys may be required as deemed necessary by the department.
(E) (No change.)
(3) (No change.)
(e) Springs and other water sources.
(1) Water obtained from springs, infiltration galleries, wells in fissured 
areas, wells in carbonate rock formations, or wells that do not penetrate an 
impermeable strata and/or any other source subject to surface or near surface 
contamination of recent origin shall be evaluated for the provision of treatment 
facilities. Minimum treatment shall consist of coagulation with direct 
filtration and adequate disinfection. In all cases, the treatment process must 
achieve at least a three-log removal or inactivation of Giardia cysts and a 
four-log removal or inactivation of viruses before the water is supplied to any 
consumer.
(2) (No change.)
sec.337.205. Water Treatment.
(a) Ground waters.
(1)  Disinfection facilities shall be provided for all ground water supplies for 
the purpose of microbiological control and distribution protection and shall be 
in conformity with applicable disinfection requirements in subsection (c) of 
this section.
(2) Treatment facilities shall be provided for ground water if the water does 
not meet the drinking water standards. The facilities provided shall be in 
conformance with established and proven methods.
(A)  Filters provided for turbidity and microbiological quality control shall be 
preceded by coagulant addition and shall conform to the requirements utilized 
for surface water treatment in accordance with subsection (b)(12) of this 
section. Filtration rates for iron and manganese removal, regardless of the 
media, shall be based on a maximum rate of five gallons per square foot per 
minute.
(B) (No change.)
(C) All processes involving exposure of the water to atmospheric contamination 
shall provide for subsequent disinfection of the water ahead of ground storage 
tanks. Likewise, all exposure of water to atmospheric contamination shall be 
accomplished in a manner such that insects, birds, and other foreign materials 
will be excluded from the water. Aerators and all other such openings shall be 
screened with 16-mesh or finer corrosion resistant screen.
(D) (No change.)
(b) Surface water.
(1) (No change.)
(2) All water secured from surface sources shall be given complete treatment at 
a plant which provides facilities for pretreatment disinfection, taste and odor 
control, continuous coagulation, sedimentation, filtration, covered clear well 
storage, and terminal disinfection of the water with chlorine or suitable 
chlorine compounds. In all cases, the treatment process must achieve at least a 
three-log removal or inactivation of Giardia cysts and a four-log removal or 
inactivation of viruses before the water is supplied to any consumer.
(3) Based on current acceptable design standards, the treatment capacity of a 
water plant shall always be in excess of the system's anticipated maximum daily 
demand.
(4) No cross-connection or interconnection shall be permitted to exist in a 
filtration plant between a conduit carrying filtered or post-chlorinated water 
and another conduit carrying raw water or water in any prior stage of treatment. 
Vacuum breakers must be provided on each hose bibb within the plant facility. No 
conduit or basin containing raw water or any water in a prior stage of treatment 
shall be located directly above, or be permitted to have a single common 
partition wall with, another conduit or basin containing finished water.
(5)-(6) (No change.)
(7) Treatment plants shall be provided with efficient devices for measuring and 
applying chemicals to the water under treatment.
(A)-(B)  (No change.)
(C) Dry chemical feeders shall be in a separate room and be provided with 
facilities for dust control.
(D)-(E) (No change.)
(F) Coagulants shall be applied to the water in the mixing basins or chambers so 
as to permit their complete mixing with the water. Coagulants shall be applied 
continuously during treatment plant operation.
(G) (No change.)
(H) Make-up water supply lines to chemical feeder solution mixing chambers shall 
be provided with an air gap or other acceptable backflow prevention device.
(8) Provision for chemical application points at the raw water source and beyond 
the mixing basin or chamber shall be provided for taste and odor control, 
stabilization, and disinfection for quality control.
(9) Chemicals shall be stored off the floor in a separate, dry, above ground 
level room and protected against flooding or wetting from floors and walls.
(A)-(C) (No change.)
(10) (No change.)
(11)  Basins for straight-flow sedimentation of coagulated waters shall provide 
a total detention time of at least six hours for clarification plants and 4.5 
hours for softening plants. The settling chamber of a solids contact 
clarification unit shall provide a total detention time of at least two hours. 
Where shorter detention times are desired, engineering data, pilot plant test 
data, full scale installation data, and other information as required by the 
department shall be submitted to the department to justify the alternate 
process.
(A) Facilities for sludge removal shall be provided by mechanical means or by 
the provision of hopper-bottomed basins with valves capable of complete draining 
of the units. Clarifiers shall be provided with facilities for determining the 
depth of sludge in the unit.
(B) (No change.)
(C)  Sedimentation basins may be square, rectangular, round, or other shapes 
approved by the department. The length of rectangular settling basins shall 
preferably be at least twice their width with a side water depth of 10 feet to 
12 feet in nonsoftening water treatment. Square and round sedimentation basins 
may also be used for clarification and softening plants; however, the detention 
time must comply with the requirements of this paragraph.
(D)  Sedimentation basins shall be provided with facilities for draining the 
basin in a period not to exceed six hours. In the event that the plant site 
topography is such that gravity draining cannot be realized, a permanently 
installed electric powered pump station shall be provided to dewater the basin.
(12) Filters shall be gravity or pressure type.
(A)-(B) (No change.)
(C) Pressure sand filters shall be subject to the loading provisions in 
subparagraph (A) of this paragraph for gravity sand filters. When used, the 
pressure filters shall be installed such that duplicate capacity is available to 
furnish the design capacity with one filter out of service.
(i) The use of pressure filters shall be limited to installations with less than 
0.50 million gallons per day capacity.
(ii) Visual inspection of the filter media and internal filter surfaces shall be 
conducted on an annual basis to ensure that the filter media is in good 
condition and the coating materials continue to provide adequate protection to 
internal surfaces.
(D)-(E) (No change.)
(F) The rate of flow of backwash water shall not be less than 20 inches vertical 
rise per minute (12.5 gpm/sq. ft.) and usually not more than 30 inches vertical 
rise per minute (18.7 gpm/sq. ft.). This shall expand the filtering bed 30 to 
50%. The free board in inches shall exceed the wash rate in inches of vertical 
rise per minute.
(i)-(ii)  (No change.)
(G) When used, surface filter wash systems shall be installed with an 
atmospheric vacuum breaker or a reduced pressure principle backflow preventer in 
the supply line. If an atmospheric vacuum breaker is used it shall be installed 
in a section of the supply line through which all the water passes and which is 
located above the overflow level of the filter.
(H)-(K) (No change.)
(13) (No change.)
(14) The identification of influent, effluent, waste backwash, and chemical feed 
lines shall be accomplished by use of labels or various colors of paint. Where 
labels are used, they shall be placed along the pipe at no greater than five 
foot intervals. Where colors are used they shall follow the color code 
prescribed following. Color coding must be by solid color or banding. If bands 
are used, they shall be placed along the pipe at no greater than five foot 
intervals. The color code is as follows:
[graphic]
(15) An adequately equipped laboratory must be available locally where daily 
bacteriological and chemical tests can be made on water supplied by all plants 
serving 25,000 persons or more. For plants serving less than 25,000 population, 
the facilities for making bacteriological tests may be omitted and the required 
bacteriological samples submitted to one of the department's approved 
laboratories. All surface water treatment plants shall be provided with 
equipment for making at least the following determinations: pH, Chlorine 
Residual, Alkalinity, Turbidity, "Jar" tests, and other tests deemed necessary 
to monitor specific water quality problems or to evaluate specific water 
treatment processes. All surface water treatment plants shall provide sampling 
taps for raw, settled, and filtered water.
(c) Disinfection.
(1) (No change.)
(2) All ground water must be disinfected prior to distribution. The point of 
application must be ahead of the water storage tank(s) if storage is provided 
prior to distribution. Permission to use alternate disinfectant application 
points must be obtained in writing from the department.
(3) All water stored in treated water storage tanks for pumping directly to the 
distribution system must contain a disinfectant residual. Disinfection 
facilities must be provided for all such locations where an adequate 
disinfectant residual is not maintained from prior treatment.
(4)  (No change.)
(5) A self-contained breathing apparatus or full face supplied air respirator 
that meets Occupational Safety and Health Administration (OSHA) standards for 
construction and operation, and a small bottle of fresh ammonia solution (or 
approved equal) for testing for chlorine leakage shall be provided and 
accessible outside the chlorinator room when chlorine gas is used.
(6) (No change.)
(7) Adequate ventilation which includes both high level and floor level screened 
vents shall be provided for all enclosures in which gas chlorine is being stored 
or fed. Enclosures containing more than one open 150-pound cylinder of chlorine 
shall also provide forced air ventilation which includes screened and louvered 
floor level and high level vents, a fan which is located at and draws air in 
through the top vent and discharges through the floor vent, and a fan switch 
located outside the enclosure.
(8) Hypochlorination solution containers and pumps must be housed and locked to 
protect them from adverse weather conditions and vandalism. The solution 
container top must be completely covered to prevent the entrance of dust, 
insects, and other contaminants.
(9) Safety equipment and training programs for all chemicals used in water 
treatment shall meet applicable standards established by OSHA or the Texas 
Hazard Communications Act, Health and Safety Code, Chapter 502.
(d) Special treatment processes. The adjustment of fluoride ion content, special 
treatment for iron and manganese reduction, special methods for taste and odor 
control, demineralization, and other proposals covering other than usual 
treatment will be considered as special projects. All treatment shall be 
accomplished prior to the storage tanks. Permission to utilize alternate 
treatment points must be obtained in writing from the department.
(e)-(f) (No change.)
(g) Effective January 1, 1993, all chemicals and any additional or replacement 
process media used in treatment of water supplied by public water systems must 
conform to American National Standards Institute/National Sanitation Foundation 
(ANSI/NSF) Standard 60 for direct additives and ANSI/NSF Standard 61 for 
indirect additives. Conformance with these standards must be obtained by 
certification of the product by an organization accredited by ANSI.
sec.337.206. Water Distribution.
(a) Design and standards. All potable water distribution systems including pump 
stations, mains, and both ground and elevated storage tanks, shall be designed, 
installed, and constructed in accordance with current American Water Works 
Association (AWWA) standards with reference to materials to be used and 
construction procedures to be followed. In the absence of AWWA standards, 
departmental review may be based upon the standards of the American Society for 
Testing and Materials (ASTM), commercial, and other recognized standards 
utilized by design engineers.
(1) Effective January 1, 1993, all newly installed pipes and related products 
must conform to American National Standards Institute/National Sanitation 
Foundation (ANSI/NSF) Standard 61 and must be certified by an organization 
accredited by ANSI.
(2)-(3) (No change.)
(4)  Water transmission and distribution lines must be installed in accordance 
with the manufacturer's instructions. However, the top of the water line must be 
located below the frost line and in no case shall the top of the water line be 
less than 12 inches below ground surface.
(5) The hydrostatic leakage rate shall not exceed the amount as determined by 
the formulas established or recommended by the AWWA.
(b) (No change.)
(c) Minimum water line sizes. These are minimum requirements for domestic flows 
only and do not consider fire flows. These requirements should be exceeded when 
the design engineer deems it necessary. It should be noted that the required 
sizes are based strictly on the number of customers to be served and not on the 
distances between connections or differences in elevation or the type of pipe. 
No new water line under two inches in diameter will be allowed to be installed 
in a public water system distribution system after January 1, 1992.
[graphic]
(d) Minimum pressure requirement. The system must be designed to maintain a 
minimum pressure of 35 psi at all points within the distribution network at flow 
rates of at least 1.5 gallons per minute per connection. When the system is 
intended to provide fire fighting capability, it must also be designed to 
maintain a minimum pressure of 20 psi under combined fire and drinking water 
flow conditions.
(1) Where the topography of the area to be served is such that air locks in the 
lines may occur, air release devices shall be installed in such a manner as to 
preclude the possibility of submergence or possible entrance of contamination.
(2) Where distribution system conditions are such that it is necessary to 
provide service to a multi-story building, more than one pressure plane or where 
distribution system conditions and demands are such that low pressures develop, 
the method of providing increased pressure shall be by means of booster pumps 
taking suction from storage tanks. If an exception to this requirement is 
desired, the designing engineer must furnish for the department's review all 
planning material for booster pumps taking suction from other than a storage 
tank. The planning material must contain a full description of the supply to the 
point of suction, maximum demands on this part of the system, location of 
pressure recorders, safety controls and other pertinent information. Where 
booster pumps are installed to take suction directly from the distribution 
system, a minimum residual pressure of 20 pounds per square inch (psi) must be 
maintained on the suction line at all times. Such installations must be equipped 
with automatic pressure cut-off devices so that the pumping units become 
inoperative at a suction pressure of less than 20 psi. In addition, a continuous 
pressure recording device may be required at a predetermined suspected critical 
pressure point on the suction line in order to record the hydraulic conditions 
in the line at all times. If such a record indicates critical minimum pressures 
(less than 20 psi), adequate storage facilities must be installed with the 
booster pumps taking suction from the storage facility. Fire pumps used to 
maintain pressure on automatic sprinkler systems only for fire protection 
purposes are not considered as in-line booster pumps.
(3) Each community public water system shall provide accurate metering devices 
at each service connection for the accumulation of water usage data. Systems 
where no direct charge is made for the water shall be excused from this 
requirement.
(4) The system shall be provided with sufficient valves and blowoffs so that 
necessary repairs can be made without undue interruption of service over any 
considerable area and for the purpose of flushing the system when required. The 
engineering report shall establish criteria for this design.
(5) The system shall be designed by the engineer so as to afford effective 
circulation of water with a minimum of dead ends. All dead-end mains shall be 
provided with acceptable flush valves and discharge piping. All dead-end lines 
less than two inches in diameter will not require flush valves if they terminate 
as a customer service. Where dead ends are necessary as a stage in the growth of 
the system, they shall be located and arranged with a view to ultimately 
connecting them so as to provide circulation.
(e) Location of water lines.
(1) When water lines and sanitary sewers are installed, they shall be installed 
no closer to each other than nine feet in all directions and parallel lines must 
be installed in separate trenches. Where the nine foot separation distance 
cannot be achieved, the guidelines in this subsection shall apply. The 
guidelines also are listed in tabular form in the following table.
[graphic]
(A) Where a sanitary sewer parallels a water line, the sewer shall be 
constructed of cast iron, ductile iron, or PVC meeting ASTM specifications with 
a pressure rating for both the pipe and joints of 150 psi. The vertical 
separation shall be a minimum of two feet between outside diameters and the 
horizontal separation shall be a minimum of four feet between outside diameters. 
The sewer shall be located below the water line.
(B) Where a sanitary sewer crosses a water line and the sewer is constructed of 
cast iron, ductile iron, or PVC with a minimum pressure rating of 150 psi, an 
absolute minimum distance of six inches between outside diameters shall be 
maintained. In addition, the sewer shall be located below the water line where 
possible and one length of the sewer pipe must be centered on the water line.
(C) Where a sewer crosses under a water line and the sewer is constructed of ABS 
truss pipe, similar semi-rigid plastic composite pipe, clay pipe, or concrete 
pipe with gasketed joints, a minimum two-foot separation distance shall be 
maintained. The initial backfill shall be cement stabilized sand (two or more 
bags of cement per cubic yard of sand) for all sections of sewer within nine 
feet of the water line. This initial backfill shall be from one quarter diameter 
below the centerline of the pipe to one pipe diameter (but not less than 12 
inches) above the top of the pipe.
(D) Where a sewer crosses over a water line all portions of the sewer within 
nine feet of the water line shall be constructed of cast iron, ductile iron, or 
PVC pipe with a pressure rating of at least 150 psi using appropriate adapters. 
In lieu of this procedure, the new conveyance may be encased in a joint of 150 
psi pressure class pipe at least 18 feet long and two nominal sizes larger than 
the new conveyance. The space around the carrier pipe shall be supported at five 
feet intervals with spacers or be filled to the spring line with washed sand. 
The encasement pipe should be centered on the crossing and both ends sealed with 
cement grout or manufactured seal.
(E)  The sewer need not be disturbed where a new water line is to be installed 
parallel to an existing sewer that shows no evidence of leakage and the water 
line is installed above the sewer a minimum of two feet vertically and four feet 
horizontally. Should excavation for the water line produce evidence that the 
sewer is leaking, the sewer must be repaired or replaced as described in 
subparagraphs (A) or (D) of this paragraph.
(F) The sewer need not be disturbed where a new water line is to cross over (by 
two feet or more) existing sewer showing no evidence of leakage. Should 
excavation for the water line produce evidence that the sewer is leaking, then 
the sewer must be repaired or replaced as described in subparagraphs (C) or (D) 
of this paragraph.
(2)  Unless sanitary sewer manholes and the connecting sewer can be made 
watertight and tested for no leakage, they must be installed so as to provide a 
minimum of nine-feet of horizontal clearance from an existing or proposed water 
line. Where the nine foot separation distance cannot be achieved, an encasement 
pipe as described in paragraph (1)(D) of this subsection may be used for the 
water line.
(3) Fire hydrants shall not be installed within nine feet vertically or 
horizontally of any sanitary sewer regardless of construction.
(4) No physical connection shall be made between a drinking water supply and a 
sewer. Any appurtenance shall be designed and constructed so as to prevent any 
possibility of sewage entering the drinking water system.
(5) No sewer carrying domestic or industrial wastes shall cross suction mains to 
pumping equipment. Water lines shall not be installed closer than 10 feet to 
septic tank drainfields. No raw water lines shall be installed within five feet 
of any tile or concrete sanitary sewer.
(f) Sanitary precautions and disinfection. Sanitary precautions, flushing, 
disinfection procedures, and bacteriological sampling as prescribed in AWWA 
standards for disinfecting water mains shall be followed in laying water lines.
(1) Pipe shall not be laid in water or placed where it can be flooded with water 
or sewage during its storage or installation.
(2) Special precautions must be taken when water lines are laid under any 
flowing stream or semipermanent body of water such as marsh, bay, or estuary. In 
these cases, the water main shall be installed in a separate watertight pipe 
encasement or valves shall be provided in the line on each side of the crossing 
with facilities to allow the underwater portion of the system to be isolated and 
tested to determine that there are no leaks in the line under water.
(3) New mains shall be thoroughly disinfected in accordance with AWWA Standard 
C651 and then flushed and sampled before being placed in service. Samples shall 
be collected for bacteriological analysis to check the efficiency of the 
disinfection procedure which shall be repeated if contamination persists. A 
minimum of one sample for each 1,000 feet of completed water line will be 
required or at the next available sampling point beyond 1,000 feet as designated 
by the design engineer.
(g)  Interconnections.
(1) Each proposal for a direct connection between public drinking water systems 
under separate administrative authority will be considered on an individual 
basis.
(A) Documents covering the responsibility for sanitary control shall accompany 
planning material submitted.
(B) Each water supply shall be of a safe, potable quality.
(2)  Where an interconnection between systems is proposed to provide a second 
source of supply for one or both systems, the system being utilized as a second 
source of supply must be capable of supplying a minimum of 0.35 gallons per 
minute per connection for the total number of connections in the combined 
distribution systems.
(h) Backflow, siphonage.
(1) No water connection from any public drinking water supply system shall be 
made to any establishment where an actual or potential contamination or system 
hazard exist without an air gap separation between the drinking water supply and 
the source of potential contamination. The containment air gap is sometimes 
impractical and, instead, reliance must be placed on individual "internal" air 
gaps or mechanical backflow prevention devices. Under these conditions, 
additional protection shall be required at the meter in the form of a backflow 
prevention device (in accordance with AWWA Standards C510 and C511, and AWWA 
Manual M14) on those establishments handling substances deleterious or hazardous 
to the public health. The water purveyor need not require backflow protection at 
the water service entrance if an adequate cross-connection control program is in 
effect that includes an annual inspection and testing by a certified backflow 
prevention device tester. It will be the responsibility of the water purveyor to 
ensure that these requirements are met.
(2) No water connection from any public drinking water supply system shall be 
made to any condensing, cooling, or industrial process or any other system of 
nonpotable usage over which the public water supply system officials do not have 
sanitary control, unless the said connection is made in accordance with the 
requirement of paragraph (1) and of this subsection water from such systems 
cannot be returned to the potable supply, except that water from heat exchangers 
using potable water may be returned to the potable water supply by meeting the 
standards as provided by the 1990 Basic/National Standard Plumbing Code, Section 
P-1505.12.2 for use of heat exchangers with an essentially nontoxic transfer 
fluid. Such heat exchangers using an essentially nontoxic transfer fluid are 
permitted to be of single wall construction.
(A) Essentially nontoxic fluid is a fluid having a toxicity rating or class of 
1, as listed in Clinical Toxicology of Commercial Products, 5th Edition.
(B) Heat exchangers using an essentially nontoxic transfer fluid with single-
wall construction must provide backflow preventers on both the intake side and 
the return side of the heat exchanger which are activated by the lockout circuit 
in the event of pressure failure.
(C) The heat exchanger must be prominently and permanently labeled with 
instructions concerning proper installation.
(3) Overhead bulk water dispensing stations must be provided with an air gap 
between the filling outlet hose and the receiving tank to protect against back 
siphonage and cross-contamination.
(4) All backflow prevention devices shall be tested upon installation by a 
backflow prevention device tester as designated by the water purveyor. It is 
recommended that the designated tester be certified by the manufacturer or as 
specified in the water purveyor's regulations. It is strongly recommended that 
all backflow prevention devices be tested annually with their "test and 
maintenance" report forms retained for a minimum of three years.
(5) The use of a backflow prevention device at the service connection shall be 
considered as additional backflow protection and shall not negate the use of 
backflow protection on internal hazards as outlined and enforced by local 
plumbing codes.
(i) Water hauling. When drinking water is distributed by tank truck or trailer, 
in lieu of distribution piping, it must be accomplished in the following manner.
(1) Water shall be obtained from an approved source.
(2) The equipment used to haul the water must be approved by this department and 
must be constructed as follows.
(A) The tank truck or trailer shall be used for transporting drinking water only 
and shall be labeled "Drinking Water." Tanks which have been used previously for 
purposes other than transporting potable liquids shall not be used for hauling 
drinking water.
(B) The tank shall be watertight and of an approved material which is impervious 
and easily cleaned and disinfected. Any paint or coating and any plastic or 
fiberglass materials used as contact surfaces must be approved by the U.S. 
Environmental Protection Agency, the U.S. Food and Drug Administration, the U.S. 
Public Health Service, or the National Sanitation Foundation. Effective January 
1, 1993, any newly installed surfaces must conform to ANSI/NSF Standard 61 and 
must be certified by an organization accredited by ANSI.
(C) The tank shall have a manhole and a manhole cover which overlaps the raised 
manhole opening by a minimum of two inches and terminates in a downward 
direction. The cover shall fit firmly on the manhole opening and shall be kept 
locked.
(D) The tank shall have a vent which is faced downward and located to minimize 
the drawing of contaminants into the stored water. The vent must be screened 
with 16-mesh or finer corrosion resistant material.
(E) Connections for filling and emptying the tank shall be properly protected to 
prevent the possible entrance of contamination. These openings must be provided 
with caps and keeper chains.
(F) A drain shall be provided which will completely empty the tank for cleaning 
or repairs.
(G) When a pump is used to transfer the water from the tank, the pump shall be 
permanently mounted with a permanent connection to the tank. The discharge side 
of the pump shall be properly protected between uses by a protective cap and 
keeper chain.
(H) Hoses used for the transfer of drinking water to and from the tank shall be 
used only for that purpose and labeled for drinking water. The hoses shall 
conform to ANSI/NSF Standard 61 and must be certified by an entity recognized by 
the department. Hoses and related appurtenances must be cleaned and disinfected 
on a regular basis during prolonged use or before start-up during intermittent 
use. Hoses must be properly stored between uses and must be provided with caps 
and keeper chains or have the ends connected together.
(I) The tank shall be disinfected monthly and at any time that contamination is 
suspected.
(J) At least one sample per month from each tank shall be collected and 
submitted for bacteriological analysis to one of the department's approved 
laboratories for each month of operation.
(K) A minimum free chlorine residual of 0.5 mg/liter or, if chloramines are used 
as the primary disinfectant, a chloramine residual of 1.0 mg/liter (measured as 
total chlorine) shall be maintained in the water being hauled. Chlorine or 
chlorine containing compounds may be added on a "batch" basis to maintain the 
required residual.
(L) Operational records detailing the amount of water hauled, purchases, and 
source of water shall be maintained.
sec.337.208. Minimum Water System Capacity Requirements.
(a)  General provisions. The following requirements are to be used in evaluating 
both the total capacities for public water systems and the capacities at 
individual pump stations and pressure planes. The capacities listed following 
are minimum requirements only. Additional supply, storage, service pumping, and 
pressure maintenance facilities will be required by the department if a normal 
operating pressure of 35 psi cannot be maintained throughout the system. 
Additional capacities will also be required if the system is unable to maintain 
a minimum pressure of 20 psi during fire fighting, line flushing, and other 
unusual conditions. In all sections governing quantity requirements, total 
storage capacity does not include pressure tank capacity.
(b) Community water systems.
(1) Ground water supply requirements are as follows.
(A) If fewer than 50 connections without ground storage, the system must have 
the following:
(i) a pressure tank capacity of 50 gallons per connection; and
(ii) a well capacity of 1.5 gallons per minute per connection.
(B) If fewer than 50 connections with ground storage, the system must have the 
following:
(i) a total storage capacity of 200 gallons per connection;
(ii) a pressure tank capacity of 20 gallons per connection;
(iii) a well capacity of 0.6 gallon per minute per connection; and
(iv) a service pump capacity of 2.0 gallons per minute per connection.
(C) For 50 to 250 connections, the system must have the following:
(i) a total storage capacity of 200 gallons per connection;
(ii) pressure maintenance facilities which have either elevated storage based on 
100 gallons per connection or pressure tank capacity of 20 gallons per 
connection;
(iii) a well capacity of 0.6 gallon per minute per connection; and
(iv) a service pump capacity such that each pump station or pressure plane shall 
have two or more pumps having a total capacity of 2.0 gallons per minute per 
connection.
(D) For more than 250 connections, the system must have the following:
(i) total storage capacity of 200 gallons per connection;
(ii) pressure maintenance facilities with either elevated storage based on 100 
gallons per connection or pressure tank capacity of 20 gallons per connection 
with a maximum of 30,000 gallons for systems with fewer than 2,500 connections. 
Elevated storage in the amount of 100 gallons per connection is required for 
systems with over 2,500 connections. Systems with over 50,000 connections which 
utilize multiple production plants may, with the department's approval, 
substitute additional ground storage capacity, service pumping capacity, and 
auxiliary power for elevated storage in excess of five million gallons. Pressure 
tank installations are not recommended for systems between 1,000 and 2,500 
connections and serious consideration should be given to the provision of 
elevated storage;
(iii) well capacity such that two or more wells have a total capacity of 0.6 
gallons per minute per connection. Where an interconnection is provided with 
another acceptable water system capable of supplying at least 0.35 gallons per 
minute for each connection in the combined system under emergency conditions, an 
additional well will not be required as long as the 0.6 gallons per minute per 
connection requirement is met for each system on an individual basis. Each water 
system will still be required to meet the storage and pressure maintenance 
requirements on an individual basis unless the interconnection is permanently 
open. In this case, the systems will be considered as a single system;
(iv) service pump capacity such that each pump station or pressure plane has two 
or more pumps having a total capacity of 2.0 gallons per minute per connection 
or has a total capacity of at least 1,000 gallons per minute and be able to meet 
peak hourly demands with the largest pump out of service, whichever is less; and
(v) auxiliary power such that it is sufficient to deliver a minimum of 0.35 
gallon per minute per connection to the distribution system in the event of the 
loss of normal power supply. Auxiliary power is required for all systems which 
do not meet the elevated storage requirement. Alternately, an emergency 
interconnection can be provided with another public water system that has 
auxiliary power and is able to supply at least 0.35 gallon per minute for each 
connection in the combined system.
(E) Mobile home parks with a density of eight or more units per acre and 
apartment complexes supplying fewer than 100 connections without ground storage 
must have the following:
(i) a pressure tank capacity of 50 gallons per connection with a maximum of 
2,500 gallons required; and
(ii)  a well capacity of 1.0 gallon per minute per connection.
(F)  Mobile home parks and apartment complexes supplying 100 or more 
connections, or fewer than 100 connections and utilizing ground storage must 
have the following:
(i) a total storage of 200 gallons per connection;
(ii) a pressure tank capacity of 20 gallons per connection;
(iii) a well capacity of 0.6 gallon per minute per connection. Systems with 250 
or more connections must have either two wells or an approved interconnection 
which is capable of supplying at least 0.35 gallons per minute for each 
connection in the combined system; and
(iv) a service pump capacity of 2.0 gallons per minute per connection. Systems 
with 250 or more connections must have duplicate service pumps with a combined 
capacity of at least 2.0 gallons per minute per connection.
(2) Surface water supply requirements are as follows:
(A) a raw water pump capacity of 0.6 gallon per minute per connection with the 
largest pump out of service;
(B)  a treatment plant capacity of 0.6 gallon per minute per connection under 
normal rated design flow;
(C) transfer pumps (where applicable) with a capacity of 0.6 gallon per minute 
per connection with the largest pump out of service;
(D) covered clearwell storage capacity at the treatment plant based on 50 
gallons per connection or, for systems serving more than 250 connections, 5.0% 
of daily plant capacity;
(E) total storage capacity of 200 gallons per connection;
(F) service pump capacity with each pump station or pressure plane having two or 
more pumps having a total capacity of 2. 0 gallons per minute per connection or 
have a total capacity of at least 1,000 gallons per minute and be able to meet 
peak hourly demands with the largest pump out of service, whichever is less;
(G) pressure maintenance facilities having either elevated storage based on 100 
gallons per connection or pressure tank capacity of 20 gallons per connection 
with a maximum of 30,000 gallons for systems with fewer than 2,500 connections. 
Elevated storage in the amount of 100 gallons per connection is required for 
systems with over 2,500 connections. Systems with over 50,000 connections which 
utilize multiple production plants may, with the approval of the department, 
substitute additional ground storage capacity, service pumping capacity, and 
auxiliary power for elevated storage in excess of 5.0 million gallons. Pressure 
tank installations are not recommended for systems of between 1,000 and 2,500 
connections and serious consideration should be given to the provision of 
elevated storage; and
(H) auxiliary power is required for systems which serve more than 250 
connections and do not meet the elevated storage requirement. Auxiliary power 
must be such that it is sufficient to deliver a minimum of 0.35 gallons per 
minute per connection to the distribution system in the event of the loss of 
normal power supply. Alternately, an emergency interconnection can be provided 
with another public water system that has auxiliary power and is able to supply 
at least 0.35 gallon per minute for each connection in the combined system.
(c) Noncommunity water systems serving transient accommodation units. The 
following water quantity requirements are applicable to noncommunity water 
systems serving accommodation units such as hotel rooms, motel rooms, travel 
trailer spaces, campsites, and similar accommodation.
(1) Ground water supply requirements are as follows.
(A) If fewer than 100 accommodation units without ground storage, the system 
must have the following:
(i) a pressure tank capacity of 10 gallons per unit with a minimum of 220 
gallons; and
(ii)  a well capacity of 1.0 gallon per minute per unit.
(B) For systems serving fewer than 100 accommodation units with ground storage 
or serving 100 or more accommodation units, the system must have the following:
(i) a ground storage capacity of 35 gallons per unit;
(ii)  a pressure tank capacity of 10 gallons per unit;
(iii) a well capacity of 0.6 gallon per minute per unit; and
(iv) a service pump capacity such that two or more pumps have a total capacity 
of 1.0 gallon per minute per unit.
(2) All surface water supplies regardless of size must have the following:
(A) a ground storage capacity of 35 gallons per unit with a minimum of 1,000 
gallons as clearwell capacity;
(B) a pressure tank capacity of 10 gallons per unit with a minimum requirement 
of 220 gallons;
(C) a raw water pump capacity of 0.6 gallon per minute per unit with the largest 
pump out of service;
(D) a transfer pump capacity (where applicable) of 0.6 gallon per minute per 
unit with the largest pump out of service;
(E) a treatment plant capacity of 0.6 gallon per minute per unit; and
(F) a service pump capacity such that two or more pumps have a total capacity of 
1.0 gallon per minute per unit.
(d) Noncommunity water systems serving other than transient accommodation units.
(1) The following table is applicable to paragraphs (2) and (3) of this 
subsection and shall be used to determine the maximum daily demand for the 
various types of facilities listed:
[graphic]
(2) Ground water supply requirements are as follows.
(A)  If fewer than 300 persons per day are served, the system must have the 
following:
(i) a minimum pressure tank capacity of 220 gallons with additional capacity, if 
necessary, based on a sanitary survey conducted by the department's personnel; 
and
(ii) a well capacity which is capable of supplying the maximum daily demand of 
the system during the hours of operation.
(B) If 300 or more persons per day are served, the system must have the 
following:
(i) a ground storage capacity which is equal to 50% of the maximum daily demand;
(ii) a minimum pressure tank capacity of 220 gallons with additional capacity, 
if necessary, based on a sanitary survey conducted by the department's 
personnel;
(iii) a well capacity which is capable of supplying the maximum daily demand; 
and
(iv) a service pump capacity of at least three times the maximum daily demand.
(3) Each surface water supply, regardless of size, shall meet the following 
requirements:
(A) a clearwell capacity which is equal to 50% of the maximum daily demand;
(B) a minimum pressure tank capacity of 220 gallons with additional capacity, if 
necessary, based on a sanitary survey conducted by the department's personnel;
(C) a treatment plant capacity which is capable of supplying the system's 
maximum daily demand;
(D) a raw water pump capacity capable of supplying the maximum daily demand of 
the system with the largest pump out of service;
(E) a transfer pump capacity (where applicable) sufficient to provide maximum 
daily demand with the largest pump out of service; and
(F) two or more service pumps with a total capacity of three times the maximum 
daily demand.
(e) Water wholesalers. The following additional requirements apply to systems 
which supply wholesale treated water to other public water supplies.
(1) All wholesalers must provide sufficient production, treatment, and service 
pumping capacity to meet or exceed the combined maximum daily commitments 
specified in their various contractual obligations.
(2)  For systems supplying both retail and wholesale connections, the 
department's requirements for the system's wholesale connections are in addition 
to the department's requirements for the system's retail connections.
(f)  Purchased water systems. The following requirements apply only to systems 
which purchase treated water to meet all or part of their production, storage, 
service pump, or pressure maintenance capacity requirements.
(1) The contract shall authorize the purchase of sufficient quantities of water 
to meet the monthly or annual needs of the purchaser.
(2) The contract shall also establish the maximum rate at which water may be 
drafted on a daily and on an hourly basis. In the absence of specific maximum 
daily or maximum hourly rates in the contract, a uniform purchase rate for the 
contract period will be used.
(3) The maximum authorized daily purchase rate specified in the contract plus 
the actual production capacity of the system shall be at least 0.6 gallons per 
minute per connection.
(4) For systems which purchase water under direct pressure, the maximum hourly 
purchase authorized by the contract plus the actual service pump capacity of the 
system must be at least 2.0 gallons per minute per connection or provide at 
least 1,000 gallons per minute and be able to meet peak hourly demands with the 
largest pump out of service, whichever is less.
(5) All other minimum capacity requirements specified in this section shall 
apply.
sec.337.209. Minimum Acceptable Operating Practices for Public Drinking Water 
Systems.
(a) (No change.)
(b) Bacteriological. Submission of samples for bacteriological analysis shall be 
as required by sec.sec.337.1-337.21 of this title (relating to Drinking Water 
Standards Governing Drinking Water Quality and Reporting Requirements for Public 
Water Supply Systems). Special samples may be required by the department for 
monitoring purposes in addition to the routine samples required by 
sec.sec.337.1-337.21. These samples shall be submitted to the department or one 
of its approved laboratories. (A list of the approved laboratories can be 
obtained by contacting the department).
(c) (No change.)
(d) Monthly operation reports. A monthly report of water works operation must be 
compiled. The report shall show raw and treated water analyses, amounts of 
various chemicals, daily distribution system pumpages, dates of dead-end main 
flushes, cleanings of storage tanks, daily turbidity analyses for surface water 
sources, results of bacteriological and chemical tests performed, and other 
pertinent data. A copy must be kept on file for review and made available during 
inspections.
(1)  A copy of the monthly report must be submitted to the Texas Department of 
Health, 1100 West 49th Street, Austin, Texas 78756-3192 by the 15th day of the 
following month. The copy submitted to the department must contain all the 
information required by the Drinking Water Standards and the results of any 
special monitoring tests which have been required.
(2) Systems serving fewer than 100 connections which utilize ground water 
sources or purchase treated water only are not required to compile monthly 
reports.
(e)  Operation by certified personnel. All systems which charge, either directly 
or indirectly, for drinking water and all systems utilizing surface water must 
be under the direct supervision of a certified water works operator. The 
operator shall ensure that the water system complies with the requirements of 
this section.
(1) No district, municipality, firm, corporation, or individual shall furnish to 
the public any drinking water for which any charge is made, unless the 
production, processing, treatment, and distribution is at all times under the 
direct daily supervision of a competent water works operator holding a valid 
certificate of competency issued under the direction of the department. A Grade 
"D" certificate is valid for systems with 250 or fewer connections. Systems 
serving in excess of 250 connections must employ an operator with a Grade "C" or 
higher certificate. Systems serving in excess of 1, 000 connections must employ 
at least two Grade "C" certified operators.
(2)  Each surface water treatment plant must have at least a Grade "C" surface 
water operator on duty when the plant is in operation or be provided with 
continuous turbidity and disinfectant residual monitors with automatic plant 
shutdown and alarms to summon operators so as to ensure that the water produced 
continues to meet the department's drinking water standards during periods in 
which the plant is unattended.
(f) Disinfectant residual and monitoring. Facilities shall be provided to 
maintain an adequate disinfectant residual throughout the distribution system 
and equipment shall be available for monitoring the concentration of the 
disinfectant.
(1) Mechanical disinfection facilities capable of maintaining an acceptable 
disinfectant residual shall be provided for all public water supplies. At all 
times, the disinfection equipment shall be operated to maintain the following 
minimum disinfectant residuals in the far reaches of the distribution system:
(A)  a free chlorine residual of 0.2mg/l; or
(B) a chloramine residual of 0.5mg/l (measured as total chlorine) for those 
systems that feed ammonia.
(2) The disinfectant residual in the distribution system must be tested 
periodically using a test kit which employs a diethyl-p-phenylenediamine (DPD) 
indicator. The record of these test results shall be maintained for a period of 
not less than three years.
(A) Systems which utilize ground water or purchased water sources only and which 
serve fewer than 100 connections or 250 persons daily must test the disinfectant 
residual at representative locations in the distribution system at least every 
seven days.
(B) Except those systems which utilize ground water or purchased water sources 
only and serve fewer than 100 connections or 250 persons daily, all public water 
systems must conduct daily disinfectant residual tests at representative 
locations throughout the distribution system.
(g) Disinfection of new or repaired facilities. Disinfection by or under the 
direction of water system personnel must be performed when repairs are made to 
existing facilities and before new facilities are placed into service. 
Disinfection must be performed in accordance with AWWA requirements and water 
samples must be submitted to an approved laboratory. The sample results must 
indicate that the facility is free of microbiological contamination before it is 
placed into service.
(h)-(i) (No change.)
(j) Cross-connection control. Water department personnel, plumbing inspectors, 
and others shall inspect individual water facilities prior to providing service 
and periodically thereafter to prevent possible cross-connections between the 
potable (safe) water system and any nonpotable (unsafe) water. Continuous 
efforts shall be made by water department personnel, plumbing inspectors, and 
others to locate possible cross-connections between privately owned water 
systems and the public water system. As these undesirable cross-connections are 
located, they shall be eliminated so as to prevent possible contamination of the 
water supplied by the public water facilities.
(k)-(o) (No change.)
(p) Ground, elevated, and pressure storage tank maintenance. Ground, elevated, 
and pressure tanks must be inspected annually by water system personnel or a 
contracted inspection service. The results of these inspections must be recorded 
and maintained for a period of not less than five years.
(1) Ground and elevated storage tank inspections must determine that the vents 
are in place and properly screened, the roof hatches closed and locked, flap 
valves and gasketing provide adequate protection against insects, rodents, and 
other vermin, the interior and exterior coating systems are continuing to 
provide adequate protection to all metal surfaces, and that the tank remains in 
a watertight condition.
(2) Pressure storage tank inspection must determine that the pressure release 
device and pressure gauge are operational, the air-water ratio is being 
maintained at the proper level, the exterior coating systems are continuing to 
provide adequate protection to all metal surfaces, and that the tank remains in 
a watertight condition. Pressure tanks provided with an inspection port must 
have the interior surface inspected every five years.
(q) (No change.)
(r)  Data on water system ownership and management. The department shall be 
provided with information regarding water system ownership and management.
(1) When a water system changes ownership, a written notice of the transaction 
must be provided to the department by the current owner or responsible official 
30 days prior to the date of the transaction. The notice must include the name 
of both the current and prospective owner or responsible official, the proposed 
date of the transaction, the address and phone number of the new owner or 
responsible official, the system's Texas Department of Health identification 
number, and any other information necessary to properly identify the 
transaction.
(2) On an annual basis, each certified operator which supervises more than one 
water system shall provide the department with his/her certificate number, 
address and telephone number, and the name and identification number of each 
public water system which he or she supervises. Each operating company shall 
provide this information for itself and for each of its operators.
(s) Boil water notice. In the event of numerous or prolonged periods of low 
distribution pressures, water outages, repeated unacceptable bacteriological 
samples, or failure to maintain adequate chlorine residuals, a boil water notice 
or other protective measures may be required at the discretion of the 
department. Once a water system has been notified by the department to issue a 
boil water notice, the system must notify its customers within 72 hours using 
specific language and procedures approved by the department. Boil water notices 
must remain in effect until rescinded by the department. Once the order is 
lifted, the customers must be notified in a manner similar to the original 
notice. A copy of these notices must be provided to the department.
(t) Water leakage. All water storage facilities, distribution system lines, and 
related appurtenances must be maintained in a watertight condition.
(u) Minimum pressures. All public water systems shall be operated so as to 
provide a minimum pressure of 35 psi throughout the distribution system under 
normal operating conditions. The system shall also be operated to maintain a 
minimum pressure of 20 psi during emergencies such as fire fighting.
(v) System ownership. All community water systems shall post a legible sign at 
each of its production, treatment, and storage facilities. The sign shall be 
located in plain view of the public and shall provide the name of the water 
supply and an emergency telephone number where a responsible official can be 
contacted.
This agency hereby certifies that the rule as adopted has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on February 28, 1992.
TRD-9202965
Robert A. MacLean, M.D.
Deputy Commissioner
Texas Department of Health
Effective date: March 20, 1992
Proposal publication date: October 11, 1991
For further information, please call: (512) 834-6662
       
Public Water Systems
25 TAC sec.337.211
The repeal is adopted under Health and Safety Code (Code), sec.341.002, which 
provides the Board of Health with the authority to adopt rules covering public 
water systems, and to establish standards and procedures for the management and 
control of sanitation and for health protection measures; sec.12. 001, which 
provides the board with the authority to adopt rules to implement every duty 
imposed by law on the board, the department, and the commissioner of health. The 
repeal will affect the Code, Chapter 341.
This agency hereby certifies that the rule as adopted has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on February 28, 1992.
TRD-9202966
Robert A. MacLean, M.D.
Deputy Commissioner
Texas Department of Health
Effective date: March 20, 1992
Proposal publication date: October 11, 1991
For further information, please call: (512) 834-6662
       
TITLE 28. INSURANCE
Part I. Texas Department of Insurance
Chapter 5. Property and Casualty Insurance
Subchapter G. Workers' Compensation Insurance
28 TAC sec.5.6701
The State Board of Insurance of the Texas Department of Insurance adopts new 
section 28 TAC sec.5.6701 establishing standards, qualifications, and 
requirements regarding servicing companies necessary to service the Texas 
Workers' Compensation Facility (facility), without changes to the proposed text 
as published in the January 7, 1992, issue of the Texas Register (17 TexReg 96).
The State Board of Insurance of the Texas Department of Insurance adopts this 
section because the Texas Insurance Code, Article 5.76-2, sec.4.08 requires the 
agency to promulgate and adopt rules to implement sec.4.08. sec.4.08 requires 
the State Board of Insurance (board) to establish standards, qualifications, 
requirements, and all other particulars regarding servicing companies necessary 
to service the Texas Workers' Compensation Employers' Rejected Risk Fund of the 
Texas Workers' Compensation Insurance Facility. Section 4.08 also requires the 
board to establish practices, policies, and procedures for the selection of 
servicing companies on a competitive basis. This new section sets out such 
standards, qualifications, and requirements for the servicing companies as well 
as the practices, policies, and procedures for the selection of the servicing 
companies.
The section sets out provisions for the determination of the number of contracts 
to be awarded, the qualification to bid, bid solicitation, submittal of bids, 
contract award requests to reconsider, and allocation of policies to servicing 
contractors. The new section provides that the board shall determine an 
appropriate number of servicing company contracts for which bids are to be 
solicited. The bid solicitation subsection of the section provides that the 
board shall advertise for bids in advance of the bid opening date so that 
bidders will have time to acquire and examine the invitation to bid and prepare 
a bid. The invitation to bid shall set out all requirements to be met for a bid 
to be considered responsive, the time and place at which bids will be opened, 
and the manner in which bids are to be submitted. The contract award subsection 
provides for the basis upon which the board shall award servicing contracts. 
Bids will be evaluated on multiple weighted criteria, which shall include, but 
are not necessarily limited to: demonstrated ability to perform the services 
required; past experience in performing the same or similar services; 
demonstrated financial responsibility; and history of compliance with applicable 
laws and regulations. The requests to reconsider subsection provides that any 
bidder not awarded a contract may submit a written request to the board for 
reconsideration. This subsection sets out the information required to be in the 
request for reconsideration. Oral presentations on a request for 
reconsideration, limited to one hour in length may be heard by the board but a 
bidder is not required to make an oral presentation. If a bidder chooses not to 
make an oral presentation, the board shall consider only the written materials 
submitted with the Request. The board shall make its decision by vote in open 
meeting and shall state the reasons for its decision. Once the board has made 
its decision, no further Requests for Reconsideration will be entertained by the 
board. No contract awarded by the board shall be effective prior to the deadline 
for submitting Requests for Reconsideration. The allocation of policies to 
servicing contractors subsection provides that risks will be assigned so that at 
any time, to the greatest extent possible, the number of risks and the premium 
volume will be consistent among all servicing contractors.
No comments were received regarding adoption of the new section.
The new section is adopted under the Texas Insurance Code, Article 5.76-2 
sec.4.08, which authorizes and, in fact, requires the State board of Insurance 
to establish standards, qualifications, requirements, and all other particulars 
regarding servicing companies necessary to service the Texas Workers' 
Compensation Employers' Rejected Risk Fund of the Texas Workers' Compensation 
Insurance Facility as well as to establish practices, policies, and procedures 
for the selection of servicing companies on a competitive basis.
This agency hereby certifies that the rule as adopted has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on March 2, 1992.
TRD-9203018
Linda k. von Quintus-Dorn
Chief Clerk
Texas Department of Insurance
Effective date: March 23, 1992
Proposal publication date: April 6, 1992
For further information, please call: (512) 463-6327
       
Chapter 15. Surplus Lines Insurance
Subchapter A. General Regulation of Surplus Lines Insurance
28 TAC sec.15.3
The State Board of Insurance of the Texas Department of Insurance adopts an 
amendment to sec.15.3, without changes to the proposed text as published in the 
November 8, 1991, issue of the  Texas Register (16 TexReg 6413).
Section 15.3 concerns the licensing of surplus lines agents. The amendment to 
this section is necessary to avoid duplication or conflict with the board's 
rules. The amendment removes the specific dollar amounts now contained in the 
section as a part of a larger proposal to consolidate fee provisions in sec.19. 
801, and sec.19.802 of Subchapter I of this title (relating to Licensing Fees); 
to provide staggered renewal dates to conform to uniform license renewal 
requirements; and to set new fees to defray administrative costs.
The amendment to Section 15.3(a)(2) will remove the specific dollar amount of 
the license fee and provide a reference to  sec.19.802 of this title (relating 
to Amounts of Fees) where the fee will be set out. This will allow these rules 
to conform to sec.sec.19.801-19.803 which consolidates agents licensing fees. 
The amendment to sec.15.3(b) will provide for a staggered renewal date.
Commenting for this section was the Texas Association of Life Underwriters. 
There were no comments against this section.
The Texas Association of Life Underwriters stated that it is committed to the 
protection of the insurance-buying public and takes the position that adequate 
licensing requirements and fees play an important role in the enhancement of 
professional sales and services rendered by agents, and unanimously endorses the 
rules to increase agent licensing fees. The board agrees that licensing fees 
should be increased.
The amendment is adopted under the Texas Insurance Code, Article 1.04, which 
authorizes the State Board of Insurance to issue rules in accordance with the 
laws of this state, and Article 1.14-2, sec.3A, which provides that the State 
Board of Insurance may promulgate rules to enforce Article 1.14-2.
This agency hereby certifies that the rule as adopted has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on March 2, 1992.
TRD-9203015
Linda K. von Quintus-Dorn
Chief Clerk
Texas Department of Insurance
Effective date: March 23, 1992
Proposal publication date: November 8, 1991
For further information, please call: (512) 463-6327
       
Chapter 19. Agents' Licensing
Subchapter I. Licensing Fees
28 TAC sec.sec.19.202, 19.302, 19.601, 19.706, 19.1311
(Editor's note: The Texas Department of Insurance inadvertantly proposed in the 
November 8, 1991, issue of the Texas Register  the following sections under 
incorrect subchapters. These sections should have been proposed as follows:
Subchapter C. Written Examination for Applicants for License to Write Insurance 
Upon Any One Life in Excess of 5,000 Under the Insurance Code, Article 21.07, 
sec.4A-sec.19.202
Subchapter D. Written Examination for Applicants for Accident and Health 
Insurance Agents License Under the Insurance Code, Article 27.07-1, sec.16-
sec.19.302
Subchapter G. Licensing of Insurance Adjusters-sec.19.601
Subchapter H. Variable Contract Agents-sec.19.706
Subchapter N. Licensing and Regulation of Risk Managers -sec.19.1311
The State Board of Insurance of the Texas Department of Insurance adopts 
amendments to sec.sec.19.202, 19.302, 19.601, 19.706, and 19.1311, with no 
changes to the proposed text as published in the November 8, 1991, issue of the 
Texas Register (16 TexReg 6413).
The proposed amendments concerning licensing fees are necessary to avoid 
duplication or conflict within the board's rules. The proposed amendments remove 
the specific dollar amounts now contained in the sections. This is in order to 
coordinate these rules with rules being adopted in sec.19.801 and sec.19.802 of 
this subchapter in which the specific licensing fees will be set forth. These 
amendments, in conjuction with the licensing fees set forth in sec.19.801 and 
sec.19.802 of this subchapter, allow the setting of new fees to defray 
administrative costs.
The removal of the specific dollar amounts from these sections will allow the 
setting of the specific dollar amounts in one rule dealing with all licensing 
fees. The licensing fees will be set forth in sec.19.802 of this subchapter.
Commenting for the sections was the Texas Association of Life Underwriters. No 
comments were received against these sections.
The Texas Association of Life Underwriters stated that it is committed to the 
protection of the insurance-buying public and takes the position that adequate 
licensing requirements and fees play an important role in the enhancement of 
professional sales and services rendered by agents, and unanimously endorses the 
rules to increase agent licensing fees. The board agrees that licensing fees 
should be increased.
The amendments are adopted under the Texas Insurance Code, Article 1.04, which 
authorizes the State Board of Insurance to issue rules in accordance with the 
laws of this state, and under the following articles of the Texas Insurance 
Code, which authorize the board to determine the amount of fees for various 
types of licenses, namely: Article 3.75, sec.7 (variable contract agent); 
Article 21.07 (Group II insurance agent); Article 21.07-1 (Group I legal reserve 
life insurance agent); Article 21.07-4 (insurance adjuster); and Article 21.14-1 
(risk manager).
This agency hereby certifies that the rule as adopted has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on March 2, 1992.
TRD-9203016
Linda K. von Quintus-Dorn
Chief Clerk
Texas Department of Insurance
Effective date: March 23, 1992
Proposal publication date: November 8, 1991
For further information, please call: (512) 463-6327
       
TITLE 31. NATURAL RESOURCES AND CONSERVATION
Part II. Texas Parks and Wildlife Department
Chapter 57. Fisheries
Potentially Harmful, Fish, Shellfish and Aquatic Plants
31 TAC sec.sec.57.111-57.121
The Texas Parks and Wildlife Commission in a regularly scheduled public hearing 
on January 23, 1992, adopted without changes the repeal of sec.sec.57.111-57. 
121, concerning harmful or potentially harmful exotic fish, shellfish, and 
aquatic plants published in the December 20, 1991, issue of the Texas Register 
(16 TexReg 7446).
Proposed changes in rules concerning harmful or potentially harmful exotic fish, 
shellfish, and aquatic plants were extensive. To facilitate ease in 
understanding of new proposed rules, the existing rules were repealed. New rules 
(sec.sec.57.111-57.130) were adopted subsequent to repeal of sec.sec.57.111-
57.121.
Repeal of these sections will greatly facilitate understanding of new rules 
concerning exotic species and will provide greater protection of the states 
aquatic resources.
No comments were received regarding adoption of the repeals.
The repeals are adopted under the Parks and Wildlife Code, Chapter 66, which 
authorizes the commission to adopt rules to regulate harmful or potentially 
harmful exotic fish, shellfish, and aquatic plants.
This agency hereby certifies that the rule as adopted has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on February 27, 1992.
TRD-9202882
Paul M. Shinkawa
Director, Legal Services
Texas Parks and Wildlife Department
Effective date: March 19, 1992
Proposal publication date: December 20, 1991
For further information, please call: 1-800-792-1112, ext. 4860 or (512) 389-
4860
       
Part III. Texas Air Control Board
Chapter 112. Control of Air Pollution from Sulfur Compounds
Control of Sulfur Dioxide
31 TAC sec.112.5
The Texas Air Control Board (TACB) adopts an amendment to sec.112.5, with 
changes to the proposed text as published in the August 30, 1991, issue of the 
Texas Register  (16 TexReg 4730).
The adopted amendment to sec.112.5, concerning allowable emissions from solid 
fossil fuel-fired boilers, makes an editorial correction to the title of the 
section, deletes outdated interim emission limits, and replaces the "new proven 
technology" terminology. This terminology will be replaced with a requirement 
for certain older power plants to meet emission limits by July 31, 1996 or for 
the owner/operator of the units to fund a study that would determine whether or 
not sulfur dioxide (SO[sub]2[sub]) emissions from the affected sites contribute 
significantly to adverse health or welfare effects in the Dallas-Fort Worth 
(DFW) area. If the contribution is determined to be significant, then controls 
would be required in the year 2000. If the contribution is determined to be 
insignificant, then no site emissions reduction would be required.
The amendment is adopted in response to a formal petition by the Sierra Club to 
enforce provisions of sec.112.5 which requires the application of new proven 
technology in the control of SO[sub]2[sub] emissions from coal-fired electric 
generation plants. The Sierra Club petition requested that the TACB take action 
to enforce existing sec.112.5; however, the TACB staff was concerned that the 
"proven technology" terminology was outdated and unenforceable as written. 
Consequently, the staff developed an alternative proposal which was approved for 
hearing by he Regulation Development Committee on June 6, 1991 and was also 
acceptable to the Sierra Club. There are four power plant units, all owned by 
Texas Utilities Electric (TU), that would be affected by these amendments.
A public hearing was held in Austin on September 25, 1991. Testimony was 
received from 282 commenters during the comment period which closed October 4, 
1991. Comments received from the Lone Star Chapter of the Sierra Club (Sierra), 
the American Lung Association (ALA), the League of Women Voters (LWV), the City 
of Rockdale, the Rockdale Chamber of Commerce, the county judge of Milam County, 
the City of Cameron, a state senator, 63 individuals, and seven Sierra Club 
petitions signed by 199 individuals in the DFW area all gave general support to 
the proposal. TU, the Public Utility Commission (PUC), the Aluminum Company of 
America (ALCOA), the county judge of Freestone County, a medical doctor, a state 
representative, the Titus County Health department, the City of Fairfield, the 
City of Mount Pleasant, and the Forsite Corporation (Forsite) opposed the 
proposal. Two commenters supported TU without actually commenting on the 
proposal itself. The following discussion categorizes the testimony into health 
and welfare issues, Federal Clean Air Act (FCAA) issues, cost issues, and 
miscellaneous issues.
Health and Welfare Issues . Sierra, ALA, and seven individuals suggested that 
SO[sub]2[sub] emissions from the TU Monticello and Big Brown facilities are 
contributing to white haze which causes a reduction in visibility resulting in 
an adverse impact on the aesthetic enjoyment of air resources and the quality of 
life, and are contributing to a respiratory aggravation to asthmatics. While 
recognizing that the TACB-sponsored Dallas Winter Visibility Study (DWVS) was 
not a long-term definitive that the findings indicated visibility impairment was 
due to sulfate particles. Sierra, LWV, and an individual stated that 
SO[sub]2[sub] emissions are converted to sulfate particles which are detrimental 
to health. Sierra, five individuals, and the 199 individuals that signed the 
Sierra Club petitions claim that the TU facilities generate massive quantities 
of SO[sub]2[sub] that should be reduced. Fifty individuals supported the 
limitation of these emissions to improve air quality. Sierra further stated that 
controls will be even more important after particulate control equipment is 
installed and the units return to full capacity. Sierra argued that future 
SO[sub]2[sub] emissions will be more than the current 160,000 tons per year. 
Sierra commented that all major utilities in Texas use low sulfur coal, 
scrubbers, or both, with the exception of these four facilities. TU and Forsite 
argued that the DWVS is flawed and inconclusive. TU, the county judge of 
Freestone County, a medical doctor, and the Titus County health officer claimed 
that TU has caused no adverse health effects.
At present, the staff finds insufficient verifiable scientific evidence to 
demonstrate a quantitative link between the TU emissions and either the white 
haze or any aggravation of asthma experienced in the DFW area. The National 
Ambient Air Quality Standards have been set for SO[sub]2[sub] to protect the 
health of the general population to include exercising asthmatics. Since 1974, 
SO[sub]2[sub] has been monitored in the DFW area and SO[sub]2[sub] 
concentrations there are less than 10% of the level allowed under the health 
standard. Furthermore, SO[sub]2[sub] levels in the DFW area are lower than those 
in any other metropolitan area in the state. This indicates that the current 
SO[sub]2[sub] levels in the DFW area are not detrimental to public health. The 
full impact of sulfates and other compounds created in the atmosphere from 
SO[sub]2[sub] are not known at this time. Health standards for sulfates have not 
been established by the TACB or the U.S. Environmental Protection Agency (EPA).
The staff agrees that the DWVS was inconclusive because of resource limitations 
and limited scope. Nevertheless, the DWVS and other research does point to the 
possibility that sulfates from power plants may contribute to visibility 
problems. The DWVS indicated that the DFW visibility impairment is due in part 
to sulfate particles. The TU facilities are the largest identi- fied sources of 
SO[sub]2[sub] emissions which could affect the DFW area. SO[sub] 2[sub] is a 
known precursor of sulfates. The staff believes that a future study is needed to 
determine if there is a quantitative link between TU emissions and sulfates in 
the DFW area. If a link is confirmed, reduction in TU emissions could improve 
visibility as well as reduce the potential for health problems.
The proposed amendment has been changed to allow TU to have the option to 
control emissions by July 31, 1996 or to fund a study for the purpose of 
documenting whether an adverse health or welfare effect exists. The study should 
be completed by July 31, 1996, and if a significant contribution to the 
visibility problem in the DFW area from one or both of the subject TU sites is 
found, then the contributing sites will reduce [sub]2[sub] emissions to 1.2 
pounds of SO[sub]2[sub] per million Btu (MMBtu) by the year 2000. If the study 
finds that SO[sub]2[sub] emissions from the TU sites are not significantly 
contributing to visibility problems in the DFW area, then no site emission 
reductions would be required.
If TU elects the study option, it would be required to submit a formal proposal 
of the study design for evaluation, modification and approval or rejection by 
the TACB. The study shall be directed by a steering committee comprised of 
experts chosen from several disciplines. The study shall have specific 
milestones and a commitment to provide conclusive results. In the last few 
years, there have been significant improvements in atmospheric sampling and 
analysis technology and atmospheric modeling. These advances, along with 
adequate funding, will be expected to yield a study that is conclusive. The 
study provides an opportunity to substantiate an adverse health or welfare 
effect prior to requiring emission reductions.
FCAA Issues. TU and ALCOA claim that a TACB requirement for scrubbing 
SO[sub]2[sub] emissions would be inconsistent with FCAA requirements to meet a 
1.2 pounds per MMBtu average among all units owned by a company.
TU claims that FCAA requirements allow each utility to analyze its own system 
and make SO[sub]2[sub] reductions with methods that are most cost-effective and 
least disruptive to the company. TU claims that congress specifically considered 
this flexibility and obviously decided not to deny it to "grandfathered" units 
not subject to new source performance standards (NSPS). TU and a state 
representative argued that under the FCAA, reductions are not required in Texas 
before the year 2000 and that no program benefits or bonus allowances are 
allowed for making early reductions. They further argued that controls should 
not be required at this time since Texas has been federally designated under 
Title IV as a "Clean Air State."
Since the TACB received the Sierra petition, the FCAA Title IV Acid Rain program 
has provided an SO[sub]2[sub] reduction schedule, a classification of states and 
individual facilities, regulatory flexibility, and the opportunity for utilities 
to receive federal credit allowances for any reductions. The program has a goal 
of reducing acid rain pollutants by 10 million tons in the U. S. by the year 
2000. These reductions are to be accomplished in two phases. The first phase 
would require controls to be installed at units with the highest rates of 
emissions compared rates of emissions compared to electricity generated. 
Nationwide, there are 261 of these units in 21 states identified for control by 
January 1, 1995. None of these units are located in Texas.
Phase two of the program targets all remaining units with emissions rates higher 
than what is now allowed for new units. The schedule for these units is January 
1, 2000. There are four such units in Texas, all operated by TU.
The FCAA, however, does not rely on mandating control equipment or setting 
emissions limits to accomplish the 10-million ton reduction goal. Instead, a 
market-based allowance trading system is established. A ton of SO[sub]2[sub] 
represents an allowance, and a utility would hold rights to a certain number 
based on the amount of electricity generated by the company during the late 
1980's. Actual SO[sub]2[sub] emissions would be audited annually and compared to 
the corporation's allowances. Deficiencies in allowances would result in 
penalties, while excesses could be sold or leased. Control options available to 
a company to reduce actual emissions to levels adequately covered by the 
company's allowances include: lower emitting fuels; installing control 
equipment; and/or shutting down older, higher emitting units.
Additionally, Texas qualifies as a clean state since the statewide average 
emission rate is substantially below the cut-off point for eligibility 
established by the FCAA. By virtue of this designation, Texas utilities are 
eligible for bonus allowances.
Under the federal program, TU is required to achieve an overall reduction in 
SO[sub]2[sub] emissions to meet a 1.2 pounds of SO[sub]2[sub] per MBtu 
systemwide average by "bubbling" all their facilities. Bubbling involves a 
procedure which enables a utility to average all its steam-electric station 
(SES) emissions together. In Texas, TU may not necessarily need to reduce the 
emissions from Monticello and Big Brown SES under the FCAA because of 
companywide averaging. TU could obtain the required companywide average by 
reductions at other plants, by adding new SES sites fired by natural gas, or by 
purchasing reduction credits from other companies. The staff has decided that 
bubbling between the TU sites would not be appropriate if an individual site is 
demonstrated to be significantly contributing to he DFW area visibility 
problems. SO[sub]2[sub] reductions achieved prior to 2000 would preclude TU from 
taking advantage of the federal credit allowances. Consequently, it appears to 
the staff to be less reasonable to require controls prior to 2000, unless TU 
significantly contributes to a visibility problem. A study to determine if TU 
makes a significant contribution to the DFW visibility problem would resolve 
this issue.
The control of SO[sub]2[sub] emissions for visibility or health purposes is not 
addressed by the FCAA. The FCAA Title IV program cited by the commenter is 
designed to achieve overall reductions throughout the U.S. to assist in 
alleviating the air pollution problem known as acid rain. The TACB rule change 
will assist in achieving that nationwide overall SO[sub]2[sub] reduction and 
will go significantly beyond the FCAA mandate if it is determined that TU makes 
a significant contribution to the DFW visibility problem. To achieve more 
consistency with Title IV of the FCAA while addressing the potential 
contribution the TU units may be making to the DFW visibility problem, the 
proposed requirement has been replaced by a requirement to meet 1.2 pounds per 
MMBtu at each site. This will allow TU to meet the lower emission standard with 
flexibility that is more consistent with the FCAA.
TU contends that the TCB standard of 3.0 pounds per MMBtu is much more 
restrictive than that of many other states. The TACB agrees that the current 3.0 
pounds per MMBtu standard is more restrictive than those in many other states. 
The fact that emissions averaged over Texas as a whole are below 0.8 pound per 
MBtu has resulted in Texas beingdesignated a federal clean air state with 
respect to acid rain. The TACB will continue to go beyond the federal and other 
states' requirements wherever a demonstrated problem exists.
Cost Issues. Sierra, ALA, and seven individuals argued that improved visibility 
and reduced health problems will justify any increase in electricity costs that 
are passed on to the ratepayer. Sierra and an individual suggested that since 
these plants generate the state's lowest cost energy due to local mining of 
lignite, the incremental cost of controls would not put them at a disadvantage. 
Eleven individuals expressed a willingness to pay any increase in personal 
utility bills that might result from the cost of control. TU and PUC claimed 
that the required technology will result in unnecessary costs being passed on to 
the rate-payer.
The TACB is mandated by the Texas Clean Air Act (TCAA) to: "...safeguard the 
state's air resources from pollution by controlling or abating air pollution and 
emissions of air contaminants consistent with the protection of public health, 
general welfare, and physical property, including the aesthetic enjoyment of air 
resources by the public and the maintenance of adequate visibility." Further, 
the TCA says: "The boa shall seek to accomplish the purposes...through the 
control of air contaminants by all practical and economically feasible methods." 
The costs involved in executing these mandates are ultimately passed on to the 
general public through increased costs of goods and services. The public and the 
legislature have decided that such costs are necessary for protection of the 
air, and public health and wel- fare, if the need exists.
TU contends that the TACB has not followed the CAA requirement to require 
controls that are both technologically feasible and economically reasonable. TU 
claims that there has been no analysis or demonstration to show that the costs 
and benefits are reasonable for a requirement to retrofit the "latest and most 
expensive technology" on old units with limited lives. Sierra commented that the 
operating life of these units can be extended 20 years and that costs can be 
amortized during that period.
The staff has carefully considered both issues of technological feasibility and 
economic reasonableness in the proposal to require controls for emission 
reduction. SO[sub]2[sub] scrubbing has been available and required on new units 
since the promulgation of NSPS, Subpart Da by the EPA in 1979. SO[sub]2[sub] 
removal is technologically feasible by scrubbing or several alternative 
technologies retrofitted to existing combustion units of SES. Nationwide, other 
existing SES units have been required to install SO[sub]2[sub] scrubbers. 
Economic reasonableness is based on the cost per ton or emissions reduced or on 
whether other units have been required to install the controls. Amortized 
equipment and operational costs were estimated in the proposal to be $250 
million per year and the estimated reductions of 75,000 to 100,000 tons per year 
of SO[sub]2[sub] would yield a cost of $2,500 to $3,500 per ton of SO[sub]2[sub] 
removed. The staff has determined that this cost per ton is reasonable when 
compared with other reasonably available control technology. Actually, this cost 
would be expected to be lower since a recalculation using a new EPA data base 
shows the cost of retrofit and the cost per ton removed will be significantly 
less.
Miscellaneous Issues. TU contended that the existing "new proven technology" 
requirement could be interpreted by the TACB to require the industry to retrofit 
using any new technology, at any time and on any unit, without consideration of 
cost, environmental benefit, or technical practicability. Also, the commenter 
argued that no similar provisions exist in any other TACB rule. Two individuals 
stated that this rule has been on the books for a decade and should be enforced.
The TACB legal staff has concluded that the rule is outdated and unenforceable 
as written. The adopted amendment will delete the "proven technology" clause and 
replace it with enforceable rule language. The current wordings of subsections 
(a) and (b) which require "new proven technology" are being deleted.
An individual argued that NSPS regulations are inferior as control rules, are 
often obsolete when promulgated, and relate only to an average in pollution 
control. The commenter further argued that new control technology should be 
required on all retrofit facilities as soon as the technology is marketed. Other 
comenters also argued that massive control action is required immediately.
Both economic and political reality require governmental regulatory agencies 
like the TACB to employ all practical and economically feasible methods for 
protecting the air resources without either unreasonably burdening the American 
industry, crippling its competitive ability, or arbitrarily creating real 
economic hardships for part of the general public. The staff intends an 
equitable, practical, and evenhanded approach to pollution control while still 
resolving local and regional problems. The NSPS regulations, Subpart Da, 
currently require 90% removal of SO[sub]2[sub] (for all emissions in excess of 
1.2 pounds per MMBtu) for large SES units constructed after 1979. Such control 
requirements require technologically sophisticated and very effective control 
equipment. A study of the NSPS regulations (Code of Federal Regulations 40, 
Parts 53 to 60) will show that air pollution control nationwide is, as 
previously stated, balanced by economic and political realities.
Finally, the wording in sec.112.5 has been changed for clarity and consistency. 
In the section title, the term "Steam Generators" is more appropriate than 
"Boilers" for use in this section. In subsection (a), the abbreviation "(MMBtu)" 
is added after the words "million Btu," and in subsections (b) and (c), the 
staff has changed "million Btu" for consistency.
The amendment is adopted under the 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.112.5. Allowable Emissions from Solid Fossil Fuel-Fired Steam Generators.
(a) Except as provided in subsection (b) of this section, no person may cause, 
suffer, allow, or permit emissions of sulfur dioxide (SO[sub]2[sub]) from any 
solid fossil fuel-fired steam generator to exceed 3.0 pounds per million Btu 
(MMBtu) heat input.
(b) No person may cause, suffer, allow, or permit emissions of SO[sub]2[sub] 
from any solid fossil fuel-fired steam generator located in Milam County, which 
began operation prior to January 1, 1955, to exceed 4.0 pounds per MMBtu heat 
input.
(c)  Units having a design heat input of greater than 1500 MMBtu per hour and, 
which on January 1, 1991, were not subject to new source performance standards, 
shall meet one of the following requirements.
(1) After July 31, 1996, no person may cause, suffer, allow, or permit emissions 
of SO[sub]2[sub] from any solid fossil fuel-fired steam generator to exceed 1.2 
pounds per MBtl heat input or an equivalent in total allowable annual site 
emissions,
(2)  The owner/operator of the unit(s) shall fund and support a research study 
of atmospheric haze, also known as "white haze," in the Dallas-Fort Worth (DFW) 
area, to be completed by July 31, 1996. Within 90 days from the effective date 
of this rule, the owner/operator shall submit a formal proposal for this study 
designed to allow successful completion of this study by the date specified 
previously. The proposal shall include milestone dates, the study's general 
approach and objectives, and shall include minimum and maximum financial 
responsibilities on the part of the owner/operator. The Texas Air Control Board 
(TACB) executive director shall approve or reject the study within 120 days from 
date of the proposal submittal. The TACB shall base its approval or rejection on 
the technical merits and adequacy of approach to the research study. Should the 
proposal be rejected, an extension, not to exceed 60 days, for renegotiation may 
be granted at the discretion of the executive director. Should this extension 
expire without proposal approval, then subsection (c)(1) shall apply. Following 
such approval, the study shall be directed by a steering committee selected by 
TACB in consultation with the owner/operator of the unit(s) and shall be 
controlled, comprehensive, state-of-the-art, and quality-assured. The steering 
committee shall define the scope of the study and establish appropriate 
milestones to assure completion of the study by July 31, 1996. The study shall 
be designed to demonstrate conclusively whether or not a reduction of SO[sub] 
2[sub] emissions from the affected unit(s) to 1.2 pounds per MMBtu will 
significantly improve visibility in the DFW area. No later than October 31, 
1996, TACB shall make a finding based on the study as follows, either:
(A)  that reductions of SO[sub]2[sub] emissions from the affected unit(s), as 
defined in subsection (c) of this section, will significantly improve visibility 
in the DFW area. If such finding is made, then the affected unit(s) shall 
achieve compliance with a SO[sub]2[sub] emission limit of 1.2 pounds per MMBtu 
or an equivalent in total allowable annual site emissions by July 31, 2000; or
(B) that reductions of SO[sub]2[sub] emissions from the affected unit(s), as 
defined in subsection (c) of this section, will not significantly improve 
visibility in the DFW area. If such a finding is made or if TACB can not make a 
finding on the basis of the study by October 31, 1996, then the affected unit(s) 
shall maintain compliance with subsection (a) of this section.
This agency hereby certifies that the rule as adopted has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on February 28, 1992.
TRD-9202970
Lane Hartsock
Deputy Director, Air Quality Planning Program
Texas Air Control Board
Effective date: March 20, 1992
Proposal publication date: August 30, 1991
For further information, please call: (512) 908-1451
       
Part IX. Texas Water Commission
Chapter 335. Industrial Solid Waste and Municipal Hazardous Waste
Subchapter G. Location Standards for Hazardous Waste Storage, Processing, or 
Disposal
31 TAC sec.335.202
The Water Commission (TWC) adopts an amendment to sec.335.202, concerning 
industrial solid waste and municipal hazardous waste, without changes to the 
proposed text as published in the October 25, 1991, issue of the Texas Register  
(16 TexReg 6041).
The amendment is adopted in order to clarify the siting requirements imposed by 
new provisions of the Texas Solid Waste Disposal Act (TSWDA), Chapter 361, Texas 
Health and Safety Code (Vernon Supplement 1991), recently promulgated by the 
legislature in Senate Bill 1099, 72nd Legislature, 1991.
Section 335.202 is amended by the definition of residence. The amendments to 
this section are adopted without changes and will not be republished.
Written comments to the proposed amendment were submitted by the following: the 
law firm of Brown Maroney & Oaks Hartline; and the law firm of Hutcheson & 
Grundy.
One commenter stated that the setting of a specific distance figure appears to 
be reasonable for this rule, but in order to provide a perimeter of safety 
around all residences, the TWC should expand, rather than shorten, the 100-foot 
distance. This commenter cited numerous cases in support of the contention that 
the concept of curtilage should be relied upon in determining which parts of the 
real property and fixtures should be included in the area considered to be the 
residence. Curtilage has been defined as a yard, courtyard, or other piece of 
ground included as part of a residence. This commenter urges that the cases 
cited by him have illustrated that distances of 200 feet or more have been 
recognized by various jurisdictions with respect to the property included within 
a residence. He therefore urged expansion of the distance involved in this rule 
from 100 feet to 200 feet.
In response to this comment, the TWC states that the distance included in the 
proposed rule is calculated to include a 100-foot perimeter of safety around the 
structure, and should be ample in view of the distance restrictions imposed by 
sec.335.205 of this title (relating to Prohibition of Permit Issuance).
Another commenter claims that in the TSWDA, sec.361.102(c), the statute refers 
to a residence as a "structure," thus indicating that the state legislature's 
intent was that the structure itself, without any additional area, be considered 
as the residence.
The Act, sec.361.102(c) states, in pertinent part, that distances shall be 
measured from a residence, church, school, day care center, surface water body 
used for a public drinking water supply, or park was in place at the time the 
distance was certified for the original permit.
The TWC believes that the term "such structure" was meant to apply to the 
existence or nonexistence of a residence, church, school, or day care center on 
the property located within 1/2 mile of a new commercial hazardous waste 
management facility or an areal expansion of an existing commercial hazardous 
waste management facility. The TWC's interpretation of this language does not 
restrict the measurement of this language does not restrict the measurement of 
the 1/2 mile distance to the "structure" of a residence, church, school, day 
care center, surface water body used for a public drinking water supply, or 
park. Instead, the term "structure" appears to limit this provision to the 
inclusion of those enumerated residences or community facilities which existed 
on the property within 1/2 mile of the proposed commercial hazardous waste 
management facility at the time the distance was certified for the original 
permit.
This commenter also claims that the TWC cannot use a distance greater than 75 
feet in drafting this rule. The Act, sec.361.102(f) states that the measurement 
of distances required by sec.361.102(a), (b), (c), and (d) shall be taken from a 
perimeter around the proposed hazardous waste management unit. The perimeter 
shall be not more than 75 feet from the edge of the proposed hazardous waste 
management unit. This commenter argues that this 75-foot limitation should be 
imputed to the distance from a residence. The TWC disagrees. The 75-foot 
limitation in the Act, sec.361.102(f) applies expressly to the perimeter from 
the edge of the proposed hazardous waste management unit. This provision of the 
Act does not reference how the distance should be measured from a residence or 
other building, water, source, or park. The TWC, therefore, does not find this 
provision limiting with respect to the distance from a residence at which the 
1/2 mile buffer zone should be measured.
In addition, the TWC staff was instructed by the commission to inquire of the 
City of Austin Planning and Zoning Division as to the calculation of distances 
under their zoning and subdivision regulations. TWC staff was informed that all 
distances are measured from the property line.
The amendment is adopted under the Texas Water Code, sec.5.104 and sec.26.011, 
which gives the commission the authority to adopt any rules necessary to carry 
out its powers, duties, and policies and to protect water quality in the state. 
The section is also adopted under the TSWDA, sec.361.017 and sec.361.024, which 
gives the commission the authority to regulate industrial solid wastes and 
hazardous municipal solid wastes and to adopt rules and promulgate rules 
consistent with the general intent and purposes of the Act.
This agency hereby certifies that the rule as adopted has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on February 28, 1992.
TRD-9202939
Mary Ruth Holder
Director, Legal Division
Texas Water Commission
Effective date: March 20, 1992
Proposal publication date: October 25, 1991
For further information, please call: (512) 463-8069
       
Subchapter J. Industrial Solid Waste and Hazardous Waste Fee System
The Texas Water Commission adopts amendments to sec.sec.335.321-335.324, the 
repeal of sec.sec.335.325-335.333, and new sec.sec.335.325-335.332, concerning 
the industrial solid waste and hazardous waste fee system. Amendments 
sec.sec.335. 321-335.324 and new sec. sec.335.325, 335.328, and 335.329 are 
adopted with changes to the proposed text as published in the January 14, 1992,  
Texas Reqister (17 TexReg 299). New sec. sec.335.326, 335.327, 335.330-335.332, 
and the repeal of  sec.sec.335.325-335.333 are adopted without changes and will 
not be republished.
The Health and Safety Code, Chapter 361, Subchapter D authorizes the commission 
to establish a hazardous waste fee system related to the generation and 
disposition of hazardous waste and the operation of hazardous waste facilities 
subject to permits. House Bill 1986, Acts of the 72nd Legislature, 1991, amended 
the Health and Safety Code, Chapter 361, Subchapter D, to restructure and expand 
the hazardous waste fee program. The commission adopted rules on an emergency 
basis effective August 28, 1991 (16 TexReg 4780) to implement the provisions of 
House Bill 1986 and restructure the existing hazardous waste fee program. These 
emergency rules were renewed for a 60-day period by notice filed December 18, 
1991 with the Texas Register. These permanent rules will replace the emergency 
rules on their effective date.
Section 335.321, relating to purpose, is changed to clarify, in sec.335.321(d) 
(1), that 25% of the commercial fees from commercial hazardous waste facilities 
is to be distributed to local governments. Minor changes to sec.335.321(b) are 
to correct the punctuation and form of the section.
Section 335.322, relating to definitions, is changed to include additional 
definitions for the terms "processing" and "recycled" as these terms are defined 
for the broad purposes of this chapter. The definition of these terms will help 
clarify the assessment of hazardous waste generation and management fees under 
this subchapter.
Section 335.323, relating to generation fee assessment, is changed by adding 
language to subsection (c) which clarifies that a hazardous wastewater which is 
exempt from assessment due to neutralization or treatment may still be subject 
to assessment as a nonhazardous waste. A new subsection (e) is added to extend 
the exemption from generation fee assessment to those wastes which are recycled. 
The former subsection (e), containing the rate schedule for generation fees, is 
relettered as subsection (f). New sec.335.323(g) is added to incorporate into 
regulation the policy that a claim for exemption from or adjustment to a 
generation fee assessment must be presented in writing to the executive director 
prior to the due date of the assessment.
Section 335.324, relating to facility fee assessment, is changed by replacing 
references to September 1, 1985, in subsections (b) and (c), to September 1 of 
each year. This correction, in regards to affidavits of exemption from 
permitting requirements, will properly refer to the current fiscal year as the 
period for which the exemption from fee assessment would be applied. Section 
335. 324(i) is changed by deleting a reference to a minimum fee for hazardous 
waste storage and processing units of $2,500. This provision is redundant since 
a minimum fee of $2,500 for such units is already applied to all hazardous waste 
facilities under sec.335.324(d).
Section 335.325, relating to hazardous waste management fee assessment, is 
changed by adding language to subsection (a) which clarifies that the assessment 
of hazardous waste management fees is applied to the storage, processing, or 
disposal of hazardous waste for which a permit is required. This provision will 
preclude the assessment of management fees under those practices, such as 
certain treatment or reclamation processes, which are permitted by rule or 
exempt from permit requirements. Additional language is included in 
sec.335.325(e) to clarify which fee rate under sec.335.325(j) will apply to the 
management of hazardous waste in surface impoundments. The additional provision 
specifies that hazardous waste in surface impoundments, which is not exempt from 
the assessment of a hazardous waste management fee under sec.335.325(e), will be 
assessed the fee for waste processing under sec.335.325(j). Subsection (j) of 
this section is also changed by replacing the category of waste disposition 
labeled "treatment" in the fee rate schedule with the term "processing," since 
the term "processing" has been more specifically defined for the purposes of 
this chapter. Consistent with changes to other provisions of this section 
relating to the assessment of fees for storage and recycling, the fee rates for 
storage are changed to refer to monthly, rather than quarterly, assessments and 
the fee rates for recycling are deleted. The rate schedule is further changed 
with the addition of the terms "ton" and "dwt" (for dry weight ton) where 
appropriate to clarify the units of measure to which the fee rates apply. The 
reference to recycled wastes is deleted from subsection (k) consistent with its 
deletion from the rate crhr in subsection (j). Section 335.325(m) is changed by 
replacing the provision for assessment of fees for storage of hazardous waste 
with an alternate provision. The proposed rule would levy an assessment on waste 
stored more than 90 days and then require an additional assessment of one-half 
the original assessment for each subsequent 90-day period. The change adopted 
will retain the initial 90-day period, but will assess a reduced fee for each 
subsequent month the hazardous waste is still in storage. Also, a generator may 
take advantage of the allowable 30-day extension without incurring a liability 
for assessment. These changes will simplify recordkeeping for waste generators 
and storage facilities and make the monthly assessment periods for all methods 
of waste management consistent. Finally, sec.335.325(o) is changed by replacing 
the 1.0% limit on total organic carbon for certain wastewater streams which may 
qualify for reduced incineration fees with a limit of 5.0% total organic carbon. 
This change will broaden the definition of organic wastewater streams which will 
qualify for the reduced incineration fee and reduce financial incentives for 
diverting such streams from thermal treatment processes to land disposal in 
injection wells where the fee assessment will be based on a presumably lower 
dry-weight basis.
Section 335.328, relating to fees payment, is changed by adding new subsection 
(c) which provides that an owner or operator required to pay a monthly waste 
management fee may elect to pay a fee quarterly if the amount due in any month 
does not exceed $50 or $150 in any quarter. This provision will allow less 
frequent payments and reduce the administrative costs of handling and processing 
relatively small cash receipts. Subsection (b) is also changed by adding a 
qualification to the requirement for monthly payment consistent with the option 
available under new subsection (c).
Section 335.329, relating to records and reports, is changed by the addition of 
language to subsection (b)(5) which qualifies the requirement to submit a 
monthly waste management summary report to allow for quarterly submission 
consistent with the changes made to sec.335.328, relating to fees payment.
Comments on the proposed rules were received from a number of generators of 
industrial solid waste and operators of hazardous waste management facilities or 
their representatives. Written comments were received from DuPont, Merichem 
Company, Exxon Company, U.S.A. and the firm of Brown McCarroll & Oaks Hartline. 
Also, inquiries received by the agency from operators subject to the emergency 
rules adopted August 28, 1991 identified provisions which required additional 
clarification. The most common response from hazardous waste generators was that 
the fee on recycling of waste did not appear to be consistent with the objective 
of promotion of waste recycling and reclamation as preferable alternatives to 
further treatment, incineration, or disposal. The agency feels that the 
assessment of a fee to recover the costs of regulating a waste management 
activity is an appropriate objective, but also agrees that recycling of 
hazardous waste should be supported, particularly on-site reclamation of waste 
streams. Section 335.323, relating to generation fee assessment, and 
sec.335.325, relating to hazardous waste management fee assessment, are adopted 
with changes which exempt recycled waste and hazardous waste recycling from 
generation fee assessment and waste management fee assessment, respectively. A 
number of respondents also requested consideration of a policy which would allow 
less frequent reporting and payment of waste management fees if the payment 
amounts were relatively small. The agency agrees that the administrative costs 
of processing some reports of waste activity and fee receipts may be excessive 
in comparison to the amount received. Sections 335.328, relating to fees payment 
and 335.329, relating to records and reports, are adopted with changes which 
will authorize quarterly, rather than monthly, payments of hazardous waste 
management fees when relatively small amounts of waste activity are to be 
reported.
Many hazardous waste storage facilities responded that the emergency rule 
regarding the assessment of fees for waste storage was unclear in its 
application and required complex recordkeeping to document which wastes were 
subject to an assessment. A commenter noted that the 30-day extension allowed 
under existing rules regarding the 90-day storage limit for permit-exempt 
facilities should be considered in setting fees on hazardous waste storage. The 
changes to the rate schedule for waste management fees reflect an attempt to 
simplify the waste storage assessment by applying a fee to storage more 
consistent with the monthly fee for other methods of waste management and the 
opportunity for a 30-day extension of the storage time limit. Operators of 
surface impoundments for storage or treatment of hazardous waste commented that 
the fee schedule in effect did not clearly define how wastes managed in such 
facilities should be assessed. In recognizing this deficiency, sec.335.325(e) is 
adopted with additional language which clarifies this assessment. One commenter 
stated that the definition of certain dilute organic wastewaters, which qualify 
for reduced assessments if incinerated, was too restrictive and did not 
adequately address many dilute wastewater streams for which underground 
injection or treatment and discharge to surface waters were the only 
economically viable waste management alternatives under the existing fee 
structure. The agency is in agreement that a broader definition, which provides 
an incentive for other waste management and disposal options, is appropriate and 
sec.335.325(o) is adopted with such a change.
A commenter also noted that fees for all methods of waste management should be 
based on dry weight, that there should be no distinction made for wastes from in 
state and wastes from out of state, and that fees for land treatment should be 
equal to those for other treatment methods. While the agency will continue to 
reevaluate the use of a dry weight measure for wastes which are injected in deep 
wells, current statutory language specifies that dry weight be used for injected 
wastes and total weight for other methods. As to the issue of the impact of 
differential fees for imported wastes, these concerns are not without validity. 
Such fees can, if not applied carefully, have undesirable effects on proper 
waste management and the use of available capacity. The agency feels, however, 
that its application of higher fees for imported waste can be justified as an 
attempt to recover from out-of-state generators a reasonable amount of revenue, 
commensurate with that paid by in-state generators in the form of generation, 
facility, and permit application fees to which those out-of-state generators are 
not subject. The agency further disagrees that the fee for land treatment should 
be the same as that for other methods of treatment. The assessment of fees for 
land treatment facilities similar to those for land disposal is consistent with 
the regulatory definition of such operations as land disposal facilities and 
with the historical treatment of such facilities in the hazardous waste fee 
program.
A commenter indicated that the language of sec.335.321(d)(1), relating to the 
application of revenue from commercial hazardous waste facilities, should be 
clarified to more accurately track the language of the Health and Safety Code. 
The agency agrees and sec.335.321(d)(1) is adopted with minor wording changes. 
It was also requested that consideration be given to excluding certain materials 
from the determination of the dry weight of a waste stream under some 
conditions. This provision would exclude brines added to maintain density 
control for the purposes of satisfying no-migration requirements of federal 
disposal well regulations. Another commenter provided similar, but broader, 
comments regarding injected waste streams. This commenter requested 
consideration of exclusion of all inorganic salts from the determination of dry 
weight and recommended that the assessment of fees for waste management should 
be determined for individual waste streams rather than composite waste streams. 
Such an approach would possibly relate more accurately the fee assessments to 
the hazardous wastes produced by facilities. This would eliminate the effects of 
combining hazardous and nonhazardous streams or the dilution of certain 
hazardous streams to render them nonhazardous. The agency agrees that the 
determination of fees on component rather than composite waste streams has 
merit. It is uncertain, however, whether the current system of recordkeeping and 
reporting of waste management activities can support such an approach without 
significant change. There are also valid reasons why it may not be the best 
application of waste management policy, particularly in terms of characteristic 
wastes which are often readily treated to be nonhazardous. The changes proposed 
by these respondents regarding the exclusion of brines from the dry weight 
determination has implications for the entire rate structure for hazardous waste 
management fees and the definition and use of a A weight measure. Until the 
impacts of such proposals can be evaluated in detail, in terms of revenue 
effects, the equity of the related fee assessments and the implications for 
waste management incentives and policies, no specific change in the 
determination of dry weight is recommended. It is the intention of the 
commission, however, to research further the question of whether all inorganic 
salts should be excluded from consideration in the dry weight determination, 
regardless of origin, and determine if amendment to these regulations is 
warranted. Other changes included in this adoption are intended to correct 
errors or provide further clarification and improve administration of the 
revised industrial solid waste and hazardous waste fee program.
31 TAC sec.sec.335.321-335.332
The amendments and new sections are adopted under the Health and Safety Code, 
Chapter 361, as amended by House Bill 1986, Acts of the 72nd Legislature, 1991, 
which provides the Texas Water Commission with the authority to establish an 
industrial solid waste and hazardous waste fee program and implement fee 
assessments for industrial solid waste and hazardous waste generators, 
facilities and permit applicants, and the commercial and noncommercial 
management of hazardous waste and under the Water Code, sec.5.103, which gives 
the Texas Water Commission the authority to adopt any rules necessary to carry 
out its powers, duties, and responsibilities.
sec.335.321. Purpose.
(a) It is the purpose of this subchapter to establish an industrial solid waste 
and hazardous waste fee program. Under this program the following fees are 
imposed:
(1) an annual fee on each generator of Class I industrial solid waste or 
hazardous waste;
(2) an annual fee on each facility which either holds a Class I industrial solid 
waste or hazardous waste permit or operates Class I industrial solid waste or 
hazardous waste management units subject to permit authorization;
(3) a fee on the operator of a hazardous waste storage, processing, or disposal 
facility for hazardous waste which is managed on site by the facility;
(4)  a fee on each application for a permit for an industrial solid waste or 
hazardous waste facility assessed under sec.305.53 of this title (relating to 
Application Fees).
(b) Hazardous and solid waste fees fund.
(1)  The hazardous and solid waste fees fund shall be used for the purpose of 
regulation of industrial solid waste and hazardous waste, including payment to 
other state agencies for services provided under contract relating to 
enforcement of the Health and Safety Code, Chapter 361.
(2) The fund shall consist of:
(A) generation fees assessed under sec.335.323 of this title (relating to 
Generation Fee Assessment);
(B) facility fees assessed under sec.335.324 of this title (relating to Facility 
Fee Assessment);
(C) hazardous waste management fees assessed and apportioned under sec.335.325 
of this title (relating to Hazardous Waste Management Fee Assessment);
(D) application fees assessed under sec.305.53 of this title (relating to 
Application Fees); and
(E) interest penalties for late payment of industrial solid waste and hazardous 
waste fees imposed by sec.335.331 of this title (relating to Failure to Make 
Payment or Report).
(c) Hazardous and solid waste remediation fee fund.
(l) The hazardous and solid waste remediation fee fund shall be used for the 
purpose of the following:
(A)  necessary and appropriate removal and remedial action at sites at which 
solid waste or hazardous substances have been disposed if funds from a liable 
party, independent third party, or the federal government are not sufficient for 
the removal or remedial action;
(B) necessary and appropriate maintenance of removal and remedial actions for 
the expected life of those actions if funds from a liable party have been 
collected and deposited in the fund for that purpose or if funds from a liable 
party, independent third party, or the federal government are not sufficient for 
the maintenance;
(C)  expenses related to complying with the federal Comprehensive Environmental 
Response, Compensation and Liability Act of 1980 (42 United States Code, 
sec.sec.9601 et seq) as amended, the federal Superfund Amendments and 
Reauthorization Act of 1986 (10 United States Code, sec.2701 et seq), and the 
Health and Safety Code, Chapter 361, Subchapters F and I;
(D) expenses concerning the regulation and management of household hazardous 
substances and the prevention of pollution of the water resources of the state 
from the uncontrolled release of hazardous substances; and
(E) expenses concerning the cleanup or removal of a spill, release, or potential 
threat of release of a hazardous substance where immediate action is appropriate 
to protect human health and the environment.
(2) The fund shall consist of:
(A) hazardous waste management fees assessed and apportioned under sec.335.325 
of this title (relating to Hazardous Waste Management Fee Assessment);
(B) interest and penalties imposed under sec.335.331 of this title (relating to 
Failure to Make Payment or Report);
(C) money paid by a person liable for facility cleanup and maintenance under 
provisions of the Health and Safety Code, sec.361.197;
(D) interest received from the investment of the fund in accounts under the 
charge of the treasurer; and
(E) monies collected on behalf of the commission or transferred from other 
agencies under any applicable provisions of the Health and Safety Code, 
including sec.361.138 relating to fees on lead-acid batteries, or grants from 
any person made for the purpose of remediation of facilities under the Health 
and Safety Code, Chapter 361.
(d) Hazardous waste management fees collected under  sec.335.325 of this title 
(relating to Hazardous Waste Management Fee Assessment) shall be credited to the 
funds of the state as follows:
(1)  One quarter, or 25%, of the hazardous waste management fee collected from a 
commercial waste storage, processing, or disposal facility shall be credited to 
the hazardous and solid waste fees fund to be distributed to the county in which 
the facility paying the fee is located. Funds due the affected county shall be 
paid by the commission within 60 days of the receipt and verification of 
payments from a commercial hazardous waste facility in the county.
(2)  The remaining amount of commercial hazardous waste management fees and the 
total amount of noncommercial hazardous waste fees shall be deposited as 
follows:
(A) One half, or 50%, of each amount shall be credited to the hazardous and 
solid waste remediation fee fund.
(B) One half, or 50%, of each amount shall be credited to the hazardous and 
solid waste fees fund.
sec.335.322. Definitions.  The following words and terms, when used in this 
subchapter, shall have the following meanings, unless the context clearly 
indicates otherwise.
   Captured facility -A manufacturing or production facility which generates an 
industrial solid waste or hazardous waste which is routinely stored, processed, 
or disposed, on a shared basis, in an integrated waste management unit owned and 
operated by and located within a contiguous manufacturing facility.
   Class I waste -Any industrial solid waste or mixture of industrial solid 
wastes meeting the definition of Class I waste under sec.335.1 of this title 
(relating to Definitions).
   Class I nonhazardous waste-Any Class I waste which is not a hazardous waste 
as defined in this section.
   Commercial waste storage, processing, and disposal facility-Any facility 
which accepts an industrial solid waste or a hazardous waste for storage, 
processing (including incineration), or disposal for a charge.
   Generator-Any person whose act or process produces industrial solid waste or 
hazardous waste or whose act first causes an industrial solid waste or a 
hazardous waste to become subject to regulation by the commission.
   Hazardous waste -Those solid wastes not otherwise exempted which have been 
identified or listed as hazardous wastes by the administrator of the United 
States Environmental Protection Agency pursuant to the federal Solid Waste 
Disposal Act, 42 United States Code, sec.sec.6901 et seq, as amended.
   Industrial solid waste-A solid waste meeting the definition of industrial 
solid waste under sec.335.1 of this title (relating to Definitions).
   Land disposal facility-Any landfill, surface impound- ment (excluding an 
impoundment treating, processing, or storing waste that is disposed pursuant to 
the Texas Water Code, Chapter 26 or Chapter 27), waste pile, facility at which 
land farming, land treatment, or a land application process is used, or an 
injection well. Land disposal does not include the normal application of 
agricultural chemicals or fertilizers.
   Noncommercial waste storage, processing, or disposal facility-Any facility 
that accepts an industrial solid waste or a hazardous waste for storage, 
processing (including incineration), or disposal for no charge or that stores, 
processes, or disposes of wastes generated on site by the facility.
   Processing-For the purposes of this subchapter, the term "processing" has the 
same meaning as defined in sec.335.1 of this title (relating to Definitions).
   Recycled-For the purposes of this subchapter, a waste is recycled if it is 
used, reused, or reclaimed in a manner consistent with the definition of a 
recyclable material or nonhazardous recyclable material under sec.335.17 of this 
title (relating to Special Definitions for Recyclable Materials and Nonhazardous 
Recyclable Materials) and sec.335.24 of this title (relating to Requirements for 
Recyclable Materials and Nonhazardous Recyclable Materials).
sec.335.323. Generation Fee Assessment.
(a) An annual generation fee is hereby assessed each generator which generates 
Class I industrial solid waste or hazardous waste or whose act first causes such 
waste to become subject to regulation under Subchapter B of this chapter on or 
after September 1, 1985. These fees shall be deposited in the hazardous and 
solid waste fee fund. The amount of a generation fee is de- termined by the 
total amount of Class I nonhazardous waste or hazardous waste generated during 
the previous calendar year. The annual generation fee may not be less than $50. 
The annual generation fee for hazardous waste shall not be more than $25,000 and 
for nonhazardous waste not more than $1,000.
(b) Hazardous wastes subject to the provisions of  sec.335.78 of this title 
(relating to Special Requirements for Hazardous Waste Generated by Conditionally 
Exempt Small Quantity Generators) and precluded from the quantity determinations 
of such section shall be considered for the purposes of this subchapter in the 
total volume of hazardous waste generated and subject to fee assessment.
(c) Wastewaters containing hazardous wastes which are designated as hazardous 
solely because they exhibit a hazardous characteristic as defined in 40 Code of 
Federal Regulations, Part 261, Subpart C, relating to characteristics of 
hazardous waste, and are rendered nonhazardous by neutralization or other 
treatment on-site in totally enclosed treatment facilities or wastewater 
treatment units for which no permit is required under sec.335.2 of this title 
(relating to Permit Required) or  sec.335.41 of this title (relating to Purpose, 
Scope, and Applicability) are exempt from the assessment of hazardous waste 
generation fees. This exemption from hazardous waste fee assessment in no way 
limits a generator's obligation to report such waste generation or waste 
management activity under any applicable provision of this chapter and does not 
preclude the assessment of generation fees for nonhazardous waste resulting from 
such treatment.
(d) Wastes generated in a removal or remedial action accomplished through the 
expenditure of public funds from the hazardous and solid waste remediation fee 
fund shall be exempt from any generation fee assessed under this section.
(e) Wastes which are recycled shall be exempt from any generation fee assessed 
under this section.
(f) Generation fees are to be assessed according to the following schedule 
including waste reported in tons and the annual fee:
(1)  hazardous waste:
(A) less than one ton-no charge;
(B) from one-5O tons-$100;
(C) greater than 50 tons-$2.00 per ton;
(2) nonhazardous waste:
(A) less than one ton-no charge;
(B) from one-100 tons-$50;
(C) greater than 100 tons-$.50 per ton
(g) Any claim of exemption from or adjustment to the assessment of a generation 
fee under this section must be made in writing to the executive director prior 
to the due date of the assessment.
sec.335.324. Facility Fee Assessment.
(a) An annual facility fee is hereby assessed on each permittee who holds one or 
more Class I industrial solid waste or hazardous waste permits and each facility 
operating a Class I industrial solid waste or hazardous waste management unit 
subject to permit authorization. These fees shall be deposited in the hazardous 
and solid waste fees fund. The fee for each year is assessed on each facility 
for which a permit or the requirement to comply with permit authorization is in 
effect during any part of the fiscal year.
(b) An applicant who has, prior to September 1, submitted an affidavit of 
exclusion from permit requirements, shall not be subject to the annual facility 
fee, pending a decision by the commission on the affidavit of exclusion. If the 
commission determines that the facility is subject to the permit requirement, 
the applicant shall pay the fee within 30 days or is sub- ject to the penalties 
for late payment established under sec.335. 331 of this title (relating to 
Failure to Make Payment or Report).
(c)  An applicant who files an affidavit after September 1 shall be subject to 
the annual facility fee for the billing year in which the affidavit is filed. 
The applicant shall not be subject to the annual facility fee for the following 
year, pending a decision by the commission on the affidavit of exclusion. If the 
commission determines that the facility is subject to the permit requirement, 
the applicant shall pay the fee within 30 days or is subject to the penalties 
for late payment established herein.
(d) The annual facility fee assessed is the cumulative total of fees for all 
Class I industrial solid waste or hazardous waste management units at the 
facility which are authorized by permit or subject to authorization on September 
1, 1991, and September 1 of each year thereafter. The minimum fee for each 
hazardous waste facility shall be $2, 500. The maximum fee for each hazardous 
waste facility shall be $25,000. The minimum fee for each facility authorized to 
manage only nonhazardous waste shall be $500 and the maximum fee $5,000.
(e) A fee under this section for storage or processing in tanks or containers 
will not be assessed against the owner or operator of an elementary 
neutralization unit or wastewater treatment unit exempt from the requirement of 
a permit under sec.335.41(d) of this title (relating to Purpose, Scope, and 
Applicability).
(f) An "other unit," for the purposes of subsection (i) of this section, is an 
incinerator, thermal processing unit, or other processing unit, not otherwise 
listed in subsection (i) of this section, used for waste reduction, recycling, 
or hazard reduction and subject to compliance with permit requirements.
(g) For facilities which require post-closure care permits, the fee for a closed 
unit shall apply. A fee is assessed for each unit which received waste after 
January 26, 1983, and which has been closed pursuant to an approved closure plan 
and which is subject to the post-closure care permit requirements. Disposal 
units which are closed in a manner such that all hazardous wastes and hazardous 
constituents are removed pursuant to an approved closure plan are not subject to 
the fee.
(h)  The facility fee assessment in subsection (i)(2)-(5) of this section shall 
be based on the surface area of the waste management unit in which the storage, 
treatment, or disposal of waste has been authorized.
(i) Facility fees shall be assessed according to the following schedule:
[graphic]
sec.335.325. Hazardous Waste Management Fee Assessment.
(a) A fee is hereby assessed on each owner or operator of a commercial or 
noncommercial hazardous waste storage, processing, or disposal facility, except 
as provided in subsections (b)-(e) of this section, for hazardous wastes which 
are stored, processed, disposed, or otherwise managed on or after October 1, 
1991. For the purpose of this section, the storage, processing, or disposal of 
hazardous waste for which no permit is required under sec.335.2 of this title 
(relating to Permit Required) or sec.335.41 of this title (relating to Purpose, 
Scope, and Applicability) is not subject to a hazardous waste management fee.
(b) A fee imposed on the owner or operator of a commercial hazardous waste 
storage, processing, or disposal facility for hazardous wastes which are 
generated in this state and received from an affiliate or wholly owned 
subsidiary of the commercial facility, or from a captured facility, shall be the 
same fee imposed on a noncommercial facility. For the purpose of this section, 
an affiliate of a commercial hazardous waste facility must have a controlling 
interest in common with that facility.
(c) The storage, processing, or disposal of hazardous wastes generated in a 
removal or remedial action accomplished through the expenditure of public funds 
from the hazardous and solid waste remediation fee fund shall be exempt from the 
assessment of a waste management fee under this section.
(d) A fee shall not be imposed on the owner or operator of a waste storage, 
processing, or disposal facility for the storage of hazardous wastes if such 
wastes are stored within the time periods allowed by and in accordance with the 
provisions of sec.335.69 of this title (relating to Accumulation Time).
(e) A fee may not be imposed under this section on the operation of a facility 
permitted under the Water Code, Chapter 26, or the federal National Pollutant 
Discharge Elimination System Program for wastes treated, processed, or disposed 
of in a wastewater treatment system that discharges into surface waters of the 
state. For the purpose of this section, the management of a hazardous waste in a 
surface impoundment which is not exempt from assessment under this subsection 
will be assessed the fee for processing under subsection (j) of this section.
(f) The hazardous waste management fee authorized under this section shall be 
based on the total weight or volume of a hazardous waste except for wastes which 
are disposed of in an underground injection well in which case the fee shall be 
based on the dry weight of the waste, measured in dry weight tons (dwt), as 
defined in sec.335.322 of this title (relating to Definitions) and sec.335.326 
of this title (relating to Dry Weight Determination).
(g) The hazardous waste management fee for wastes generated in this state shall 
not exceed $20 per ton for wastes which are landfilled.
(h) The operator of a hazardous waste storage, processing, or disposal facility 
receiving hazardous waste from out-of-state generators shall be assessed the fee 
amount required on wastes generated in state plus an additional increment to be 
established by rule, except as provided in subsection (k) of this section.
(i) for the purposes of subsection (j) of this section, energy recovery means 
the burning or incineration of a hazardous waste fuel and fuel processing means 
the handling of a waste fuel, including storage and blending, prior to its 
disposal by burning.
(j)  Except as provided in subsections (k)-(o) of this section, hazardous waste 
fees shall be assessed according to the following schedule:
[graphic]
(k) For hazardous wastes which are generated out of state, the fee will be that 
specified in subsection (j) of this section, except that the fee for the 
storage, processing, incineration, and disposal of hazardous waste fuels shall 
be the same for wastes generated out of state and in state.
(l) Except as provided in subsection (m) of this section, only one hazardous 
waste management fee shall be paid for a hazardous waste managed at a facility. 
In any instance where more than one fee could be applied under this section to a 
specific volume of waste, the higher of the applicable fees will be assessed.
(m) A fee for storage of hazardous waste shall be assessed in addition to any 
fee for other waste management methods at a facility. No fee shall be assessed 
under this section for the storage of a hazardous waste for a period of less 
than 90 days as determined from the date of receipt or generation of the waste 
(or the effective date of this section). The fee rate specified in the schedule 
under subsection (j) of this section shall apply to the quantity of waste in any 
month which has been in storage for more than 90 days or the number for which an 
extension has been granted under sec.335.69 of this title (relating to 
Accumulation Time).
(n) A facility which receives waste transferred from another facility shall pay 
any waste management fee applicable under this section and shall not receive 
credit for any fee applied to the management of the hazardous waste at the 
facility of origin.
(o) The fee rate for incineration of aqueous wastes containing 5.0% or less of 
total organic carbon will be 10% of the fee for incineration under the schedule 
in subsection (j) of this section.
sec.335.328. Fees Payment.
(a) Generation and facility fees are payable each year for all Class I 
industrial solid waste and hazardous waste generators, permittees, and 
facilities. Fees must be paid by check, certified check, or money order payable 
to "Texas Water Commission". Annual facility fees are payable by permittees, 
owners, or operators regardless of whether the facility is in actual operation. 
All annual generation and facility fees shall be due by a date to be established 
by the Texas Water Commission at the time payment is requested.
(b) Except as provided in subsection (c) of this section, hazardous waste 
management fees are to be paid monthly by each operator of a hazardous waste 
storage, processing, or disposal facility for wastes managed subject to the 
provisions of sec.335.325 of this title (relating to Hazardous Waste Management 
Fee Assessment) in that month. Fees must be paid by check, certified check, or 
money order to "Texas Water Commission" and shall be due by the 25th day 
following the end of the month for which payment is due.
(c) An owner or operator required to pay a hazardous waste management fee who 
owes less than $50 for a calendar month or less than $150 for a calendar quarter 
is not required to file a monthly report under sec.335.329 of this title 
(relating to Records and Reports) but should file a quarterly report with and 
pay a quarterly fee to the commission.
sec.335.329. Records and Reports.
(a) Generators are required to:
(1) keep records of all hazardous waste and industrial solid waste activities 
regarding the quantities generated, stored, processed, and disposed on site or 
shipped off site for storage, processing, or disposal in accordance with the 
requirements of sec.335.9 of this title (relating to Recordkeeping and Annual 
Reporting Procedures Applicable to Generators);
(2) keep records of the dry weight amount of each hazardous waste designated for 
disposal in an underground injection well;
(3) provide each operator of a hazardous waste underground injection well a 
certificate of computation of the dry weight of a hazardous waste to be 
disposed. For each off-site shipment, the dry weight amount of each hazardous 
waste to be disposed in an underground injection well is to be recorded in Item 
J of the Uniform Hazardous Waste Manifest as required under  sec.335.30 of this 
title (relating to Appendix I); and
(4) submit the appropriate reports required under  sec.335.13(b) of this title 
(relating to Recordkeeping and Reporting Procedures Applicable to Generators 
Shipping Hazardous Waste and Primary Exporters of Hazardous Waste) on forms 
furnished or approved by the executive director.
(b) Owners or operators of hazardous waste storage, processing, or disposal 
facilities are required to:
(1) for on-site facilities, keep records of all hazardous waste and industrial 
solid waste activities regarding the quantities stored, processed, and disposed 
on site or shipped off site for storage, processing, or disposal in accordance 
with the requirements of sec.335.9 of this title (relating to Recordkeeping and 
Annual Reporting Procedures Applicable to Generators);
(2) for off-site facilities, submit the appropriate reports required under 
sec.335.15(2) of this title (relating to Recordkeeping and Reporting 
Requirements Applicable to Owners or Operators of Storage, Processing, or 
Disposal Facilities);
(3) record the dry-weight amount of each hazardous waste disposed in an 
underground injection well at the facility;
(4) document the basis for the assessment of any applicable fee as determined 
under sec.335.325 of this title (relating to Hazardous Waste Management Fee 
Assessment), including any adjustment to or exemption from assessment; and
(5) except as provided in sec.335.328 of this title (relating to Fees Payment), 
submit a monthly summary of on-site hazardous waste management activities 
subject to the assessment of fees under sec.335.325 of this title (relating to 
Hazardous Waste Management Fee Assessment) on forms furnished or approved by the 
executive director. This summary report shall be due by the 25th day following 
the end of the month (or quarter) for which a report is made. An owner or 
operator required to comply with this subsection shall continue to prepare and 
submit monthly (or quarterly) summaries, regardless of whether any storage, 
processing, or disposal was made during a particular month (or quarter), by 
preparing and submitting a summary indicating that no hazardous waste was 
managed during that month (or quarter).
(c) Records or reports required to be kept under this section shall be retained 
for a minimum of three years after the date the record or report is made.
(d) The periods of record retention required by this section are automatically 
extended during the course of any unresolved enforcement action regarding the 
regulated activity.
This agency hereby certifies that the rule as adopted has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on February 27, 1992.
TRD-9202907
Mary Ruth Holder
Director, Legal Division
Texas Water Commission
Effective date: March 19, 1992
Proposal publication date: January 14, 1992
For further information, please call: (512) 463-8069
       
31 TAC sec.sec.335.325-335.333
The repeals are adopted under the Health and Safety Code, Chapter 361, as 
amended by House Bill 1986, Acts of the 72nd Legislature, 1991, which provides 
the Texas Water Commission with the authority to establish an industrial solid 
waste and hazardous waste fee program and to implement fee assessments for the 
commercial and noncommercial management of hazardous wastes.
This agency hereby certifies that the rule as adopted has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on February 27, 1992.
TRD-9202908
Mary Ruth Holder
Director, Legal Division
Texas Water Commission
Effective date: March 19, 1992
Proposal publication date: January 14, 1992
For further information, please call: (512) 463-8069
       
(Editor's Note: Senate Bill 2, First Called Session, 72nd Legislature, 
transferred all the powers, duties, rights and obligations of the Texas 
Department of Health (TDH) pertaining to the disposal of solid waste, the 
setting of sanitary standards for drinking water and the protection of public 
water supplies and bodies of water, the regulation of on-site sewage disposal 
systems, the administration of on-site sewage disposal systems, the 
administration of on-site wastewater treatment research, and the disposal of 
radioactive substances to the Texas Water Commission (TWC), effective March 1, 
1992. The Texas Register is administratively transferring these rules from Title 
25, Part 1. Texas Department of Health to Title 31, Part IX, Texas Water 
Commission. However, the TWC has determined that several of TDH's procedural 
rules should not be recodified as they conflict with the TWC's current 
procedural regulations. It is the TWC's intention that its existing procedural 
rules apply to the newly transferred programs.
The following table illustrates the rule numbers under Title 25 (first set of 
rule numbers) and the new corresponding numbers under Title 31. The subchapter 
and undesignated head listed below are TWC's designation.
Any interested party may contact the Texas Register Section and request copies 
of any of the rules that have been administratively transferred from Texas 
Department of Health to the Texas Water Commission.
Sections 337.201, 337.202, 337.204 - 337.210, 337.211 (repealed and new), and 
337.212 are published in the adopted section of this issue under Title 25. The 
new numbering scheme is as follows.)
Chapter 290. Water Hygiene
Public Water Systems
Old: sec.sec.337.201-337.212   New: sec.sec.290.38-290.49
       
TITLE 34. PUBLIC FINANCE
Part I. Comptroller of Public Accounts
Chapter 3. Tax Administration
Subchapter O. State Sales and Use Tax
34 TAC sec.3.286
The Comptroller of Public Accounts adopts an amendment to sec.3.286, concerning 
seller's and purchaser's responsibilities, without changes to the proposed text 
as published in the January 21, 1992, issue of the Texas Register  (17 TexReg 
463).
The amendment is the result of changes to the Tax Code, Chapter 151, made by the 
72nd Legislature, 1991, First Called Session.
One change is to subsection (a)(1)(F) and (G) where the definition of "engaged 
in business" was expanded effective October 1, 1991.
The second change because of legislation affects the sales tax permit fee that 
will no longer be required on or after October 1, 1991. Subsection (c) was 
amended to reflect this change.
The third change due to legislation was the addition of subsection (1), which 
covers the cancellation of an inactive permit.
The last change due to legislation is to subsection (h)(2)(B). Taxes that become 
delinquent on or after September 1, 1991, draw interest at the rate of 12%, 
compounded monthly.
Subsection (a)(4) was amended to include all local taxing jurisdictions governed 
by the County Sales and Use Tax Act in the definition of special purpose 
district. The change was made to specifically include those taxes imposed under 
Title 3, Chapter 324.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Tax Code, sec.111.002, which provides the 
comptroller with the authority to prescribe, adopt, and enforce rules relating 
to the administration and enforcement of the provisions of the Tax Code, Title 
2.
This agency hereby certifies that the rule as adopted has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on February 27, 1992.
TRD-9202900
Martin Cherry
Chief, General Law Section
Comptroller of Public Accounts
Effective date: March 19, 1992
Proposal publication date: January 21, 1992
For further information, please call: (512) 463-4028
       
TITLE 37. PUBLIC SAFETY AND CORRECTIONS
Part XIII. Texas Commission on Fire Protection
(Editor's Note: Senate Bill 383, the Government Code, sec.419, transferred all 
the powers, duties, rights, and obligations of the State Fire Marshal's office, 
the town rating unit of the Property Division of the Texas Department of 
Insurance, the Fire Department Emergency Board, and the Commission on Fire 
Protection Personnel Standards and Education to the newly created Texas 
Commission on Fire Protection. The Texas Register is administratively 
transferring the the rules from Title 28, Part I, Chapter 27, Texas Department 
of Insurance, Title 37, Part VIII, Commission on Fire Protection Personnel 
Standards and Education, and Title 37, Part XIII, Fire Department Emergency 
Board to Title 37, Part XIII, Texas Commission on Fire Protection. The following 
table illustrates the old and new corresponding chapter numbers. The text to 
these rules will not be printed.
Old Chapters:
TITLE 37
231
233-247
401-450
28
Subchapter F and G
H
A
B
C
and E
New Chapters
420
421-460
461-465
501-510
520
521-530
531-540
541-550
591-600





TITLE 40. SOCIAL SERVICES AND ASSISTANCE
Part I. Texas Department of Human Services
Chapter 3. Income Assistance Services
Subchapter P. Relationship/Domicile
40 TAC sec.3.1601
The Texas Department of Human Services (DHS) adopts an amendment to sec.3. 1601 
concerning relationship requirements in the Aid to Families with Dependent 
Children (AFDC) Program.
The justification for the amendment is to comply with a policy clarification 
from the United States Department of Health and Human Services.
The amendment will function by allowing AFDC recipients to live with a first 
cousin once removed or a great-great-great grandparent.
The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 
and 31, which provides the department with the authority to administer public 
and financial assistance programs. The amendment is adopted in compliance with 
federal requirements to be effective January 1, 1992.
sec.3.1601. Aid to Families with Dependent Children Relationship/Domicile 
Requirements.  Aid to families with dependent children clients must meet 
relationship/domicile requirements stipulated in 45 Code of Federal Regulations, 
sec.233.90(c)(1)(v) or, effective January 1, 1992, must live with a first cousin 
once removed or a great-great-great grandfather or grandmother.
This agency hereby certifies that the rule as adopted has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on February 28, 1992.
TRD-9202995
Nancy Murphy
Agency liaison, Policy and Document Support
Texas Department of Human Services
Effective date: January 1, 1992
For further information, please call: (512) 450-3765
       
TITLE 43. TRANSPORTATION
Part I. Texas Department of Transportation
Chapter 1. Administration
Advisory Committees
43 TAC sec.sec.1.80-1.84
The Texas Department of Transportation adopts new sec. sec.1.80-1.84 concerning 
advisory committees, without changes to the proposed text as published in the 
December 6, 1991, issue of the Texas Register (16 TexReg 6998).
Senate Bill 352, 72nd Legislature, Regular Session, 1991, and House Bill 9, 72nd 
Legislature, 1st Called Session, 1991, created four advisory committees 
regarding aviation, bicycles, the environment, and public transportation. The 
legislature authorized the commission to adopt rules governing the operations of 
each advisory committee it created.
These rules provide uniform procedures applicable to all advisory committees to 
ensure that all committees are operated in a similar manner. The new sections 
prescribe the purpose, operation and procedures, and responsibilities, of 
advisory committees.
No comments were received regarding adoption of the new sections.
The new sections are adopted under Texas Civil Statutes, Article 6666, which 
provides the Texas Transportation Commission with the authority to establish 
rules for the conduct of work of the Texas Department of Transportation, and 
more specifically by Texas Civil Statutes, Articles 46c-3, 6663b, 6673g, and 
6673h, which create the four advisory committees and authorize the commission to 
adopt rules to govern the operations of those committees.
This agency hereby certifies that the rule as adopted has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on February 28, 1992.
TRD-9202971
Diane L. Northam
Legal Administrative Assistant
Texas Department of Transportation
Effective date: March 20, 1992
Proposal publication date: December 6, 1991
For further information, please call: (512) 463-8630