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

TITLE 16. ECONOMIC REGULATION
PART IV. Texas Department of Licensing and Regulation
CHAPTER 65.Boiler Division
16 TAC sec.sec.65.10, 65.20, 65.50, 65.80
The Texas Department of Licensing and Regulation adopts amendments to 65.10, 
65.20, 65.50 and 65.80 concerning boiler installers. Section 65.10 is adopted 
with changes to the proposed text as published in the May 31, 1996, issue of the 
Texas Register (21 TexReg 4879). Sections 65.20, 65.50, and 65.80 are adopted 
without changes to the proposed text as published in the May 31, 1996, issue of 
the Texas Register (21 TexReg 4879) and will not be republished.
The amendments as adopted will eliminate improper or incomplete boiler 
installations by determining the scope and capabilities of the installers, 
reduce the economic impact on owner/operators due to down time for installation 
completion or correction, and increase public safety by ensuring the completed 
installation meets minimum safety standards. In sec.65.10 the definition of 
installer was reworded for clarification.
The amendments as adopted will increase public safety by determining boilers and 
their appurtenances meet all requirements of the appropriate construction codes 
and the Texas Boiler Law and Rules prior to operation, decrease the risk of 
accidents, and reduce expense and equipment down time for owner/operators to 
correct installation deficiencies.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the Health and Safety Code, Chapter 755 , which 
provides the Texas Department of Licensing and Regulation with the authority to 
promulgate and enforce a code of rules in keeping with standard usage for the 
construction, inspection, installation, use, maintenance, repair, alteration, 
and operation of boilers.

sec.65.10.Definitions.
The following words and terms, when used in this chapter, shall have the 
following meanings, unless the context clearly indicates otherwise.
Installer-Any person, firm, or corporation who installs boilers and 
appurtenances within the state.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on July 5, 1996.
TRD-9609688
Tommy V. Smith
Executive Director
Texas Department of Licensing and Regulation
Effective date: August 1, 1996
Proposal publication date: May 31, 1996
For further information, please call: (512) 463-7357

CHAPTER 70.Industrialized Housing and Buildings
16 TAC sec.sec.70.50, 70.51, 70.60, 70.61, 70.70, 70.73, 70.75, 70.77 The Texas 
Department of Licensing and Regulation adopts amendments to sec.sec.70.50, 
70.51, 70.60, 70.61, 70.70, 70.73, 70.75, and 70.77 concerning industrialized 
housing and buildings. Section 70.70 is adopted with changes to the proposed 
text as published in the April 5, 1996, issue of the Texas Register (21 TexReg 
2897). Sections 70.50, 70.51, 70.60, 70.61, 70.73, 70.75, and 70.77 are adopted 
without changes to the proposed text as published in the April 5, 1996, issue of 
the Texas Register (21 TexReg 2897) and will not be republished.
The amendment to sec.70.50 identifies the minimum time period manufacturers and 
builders must keep reports on file and clarifies the information that must be 
reported to the Department. This amendment also requires manufacturers and 
builders to file amended reports when the final destination is not known at the 
time of the original report.
The amendment to sec.70.51 identifies which copy of the inspection report must 
be filed with the Department.
The amendment to sec.70.60 amended the requirement that a representative of a 
design review agency has to be present during the manufacturer's certification 
inspection. The rule now requires a representative of the design review agency 
to be present for the certification inspection only when the certification 
inspection team feels that it is necessary. This rule was amended because having 
a representative of the design review agency present for the certification 
inspection can be very costly for the manufacturer when there is no need for 
that representative.
The amendment to sec.70.61 changed the requirement that every module be 
inspected at least at one point during the manufacturing process to at one point 
prior to completion of the structural, plumbing, mechanical, or electrical phase 
and to require system testing to be observed by the inspector at least once 
every third inspection.
The amendment to sec.70.70 deleted the choice of the Department as a design 
review agency because the Department does not have adequate manpower to perform 
this function and added the National Electrical Code to the section requiring 
resubmission of plans upon adoption of the new code editions. This was amended 
to clarify that adoption of any new code edition requires resubmission of plans.
The amendment to sec.70.73 deleted the choice of the Department to perform site 
inspections because the Department does not have adequate manpower to perform 
this function. sec.70.73(e) was deleted because it was basically the same as 
sec.70.73(d). Section 70.73(f) was changed to sec.70.73(e) and the minimum time 
period a builder must keep inspection reports on file was defined. Section 
70.73(g) was deleted as unnecessary because the adopted building codes define 
when a certificate of occupancy is issued and where it shall be posted.
The amendment to sec.70.75 added the requirement that the manufacturer provide 
the industrialized builder with documentation that will assist the builder to 
obtain a permit from the city where the industrialized house or building is to 
be sited and also clarified the information the builder must provide the owner 
of the building.
The amendment to sec.70.77 added that it is the responsibility of the 
manufacturer to assure that his facility has been certified and that it is the 
manufacturer's responsibility to assure that an in-plant inspection has been 
performed before a decal or insignia is affixed to the unit.
The justification for the amendments is to clarify the responsibilities of the 
registrants which will ensure clearer implementation of the statute. In 
sec.70.70 the word election was changed to selection in subparagraph (a)(1). The 
manufacturer is selecting a third party, not electing a third party.
No comments were received regarding adoption of the amendments.
The amendments are adopted under Texas Civil Statutes, Article 5221f-1 which 
authorizes the department to regulate industrialized housing and buildings.

sec.70.70.Responsibilities of the Registrants-Manufacturer's Design Package.
(a) REVIEW AND APPROVAL. The manufacturer's design package must be reviewed and 
approved in accordance with the following. 
(1)-(4) (No change.)
(5) Upon adoption of a new edition of the Uniform Building Code, the Standard 
Building Code, and the National Electrical Code in sec.70.100 of this title 
(relating to Mandatory State Codes), approvals dated before the effective date 
of the adoption are no longer valid for industrialized housing, buildings, 
modules, and modular components constructed after the effective date of 
adoption. Manufacturers will be notified of the change in code editions 180 days 
before the effective date of the change. Manufacturers who wish to continue 
building to previously approved documents must resubmit these documents to their 
DRA for review and approval to the new code editions. Approval of these 
documents will be evidenced by application of a new approval date and the 
council's stamp of approval to each document. The manufacturer may make the 
transition from current code edition to new code edition in any of the following 
ways. 
(A) (No change.)
(B) The manufacturer may transition approval of documents in his design package 
180 days prior to the effective date of adoption of the new edition of the 
Uniform Building Code, the Standard Building Code, and the National Electrical 
Code. The manufacturer must notify the department of their intent to do so. All 
documents approved within the 180 day transition period must be approved to both 
the current and the new editions of the Uniform Building Code group, the 
Standard Building Code group, and the National Electrical Code. 
(C) (No change.) 
(6)-(8) (No change.)
(b)-(f) (No change.)
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on July 5, 1996.
TRD-9609689
Tommy V. Smith
Executive Director
Texas Department of Licensing and Regulation
Effective date: August 1, 1996
Proposal publication date: April 5, 1996
For further information, please call: (512) 463-7357

16 TAC sec.70.100, sec.70.101
The Texas Department of Licensing and Regulation adopts amendments to sec.70.100 
and sec.70.101 concerning industrialized housing and buildings. sec.70.100 is 
adopted with changes to the proposed text as published in the April 5, 1996, 
issue of the Texas Register (21 TexReg 2897). Section 70.101 is adopted without 
changes to the proposed text as published in the April 5, 1996, issue of the 
Texas Register (21 TexReg 2897) and will not be republished.
The amendment to sec.70.100 adopts the current editions of the model building 
codes. Article 5221f-1 gives the Industrialized Building Code Council the 
authority to adopt more recent editions of the building code if the council 
determines that the revision is in the public interest and consistent with the 
purposes of the Act. The council determined that it would be in the public 
interest and consistent with the purposes of the Act to adopt the current code 
editions. The code groups responsible for publishing the International Plumbing 
Code was changed because it was incomplete as originally stated in the proposal.
Section 70.101 was changed to amend the Uniform Building Code and the Standard 
Building Code to adopt the same edition of the One and Two Family Dwelling Code; 
to adopt the Texas Accessibility Standards; and to adopt the CABO Model Energy 
Code and ASHRAE/IES 90.1/89 energy code. The same edition of the One and Two 
Family Dwelling Code was adopted because the Council wanted to be consistent in 
the code requirements for industrialized housing. The Texas Accessibility 
Standards were adopted because the Council did not feel that industrialized 
housing and buildings should have to meet two different codes for accessibility. 
The CABO Model Energy Code and ASHRAE 90.1/89 were adopted to comply with 
federal requirements for energy efficiency in new construction. The 
justification for the amendments is to adopt the latest edition of the 
applicable building codes to ensure clearer implementation of the statute. The 
comment received was favorable to the amendments but advised that the code 
groups responsible for publishing the International Building Code as stated in 
the proposal was incomplete.
The amendments are adopted under Texas Civil Statutes, Article 5221f-1 which 
authorizes the department to regulate industrialized housing and buildings.

sec.70.100.Mandatory State Codes.
All industrialized housing and buildings, modules, and modular components, shall 
be constructed in accordance with the following codes and their appendices: 
(1) National Fire Protection Association - National Electrical Code, 1996 
Edition; and 
(2) either: 
(A) the Uniform Building Code, 1994 Edition, published by the International 
Conference of Building Officials; the Uniform Mechanical Code, 1994 Edition, 
published by the International Conference of Building Officials; and the 
International Plumbing Code, 1995 Edition, published by the International Code 
Council, and Building Officials and Code Administrators International, and 
International Conference of Building Officials and Southern Building Code 
Congress International; or 
(B) (No change.)
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on July 5, 1996.
TRD-9609690
Tommy V. Smith
Executive Director
Texas Department of Licensing and Regulation
Effective date: December 7, 1996
Proposal publication date: April 5, 1996
For further information, please call: (512) 463-7357

TITLE 25. HEALTH SERVICES
PART I. Texas Department of Health
CHAPTER 39.Primary Health Care Services Program
Medically Underserved Community-State Matching Incentive Program
30 TAC sec.sec.39.61-39.75
The Texas Department of Health (department) adopts new sec.sec.39.61-39.75, 
concerning assistance to communities in recruiting primary care physicians to 
high need areas. Section 39.70 is adopted with changes to the proposed text as 
published in the April 12, 1996, issue of the Texas Register (21 Tex Reg 3117). 
Sections 39.61-39.69, and 39.71-39.75 are adopted without changes and therefore 
the sections will not be republished. The new sections will implement the 
Medically Underserved Community-State Matching Incentive Program as established 
by Health and Safety Code, Chapter 46, which directs the department to allocate 
funds to qualified community groups in medically underserved areas to cover 
certain costs of establishing physicians' practices. 
These sections define eligibility criteria for contributing communities, 
participating physicians, and state designation as a medically underserved area; 
establish procedures for applying for funds and the prioritization of need among 
eligible applicant communities; and establish specifications for matching fund 
contracts, including requirements for community contributions of funds. 
A summary of comments received and the department's responses follow.
COMMENT: Concerning sec.39.63(2), one commenter questioned the requirement that 
contributing communities must be non-profit entities to apply for matching 
funds. 
RESPONSE: Because limited funds are available, the department believes they 
should be directed to community-based organizations, as corporate and other for-
profit entities already have resources to support practice start-up costs. 
However, physicians who are recruited to partner with the community 
organizations are not required to practice as non-profit entities. 
COMMENT: Concerning sec.39.63(2)(C), two commenters questioned the reason for 
requiring at least $15,000 in contributions toward the physician recruitment 
project from communities applying for funding. 
RESPONSE: The department feels the $15,000 minimum is reasonable to ensure that 
total project funding will be significant enough to launch a successful project 
beneficial to both the physician and the community involved, since start up 
costs are expected to be substantial. Also, adding necessary administrative 
costs to contracts for significantly lesser amounts could prove uneconomical for 
the state. 
COMMENT: Concerning sec.39.64(2), one commenter asked about the requirement that 
physicians recruited must have completed a primary care residency program within 
seven years of their application for this program. 
RESPONSE: The department wishes to enable communities to address their primary 
care needs for many years into the future. Requiring that physicians have 
completed their residency training no more than seven years from the date of the 
application should foster recruitment of physicians with longer career 
potentials for community service. 
COMMENT: Concerning sec.39.67(3)(B), one commenter noted the potential cost and 
difficulty associated with providing a financial viability statement with the 
application to the program. 
RESPONSE: The department believes that the rule as proposed allows communities 
sufficient flexibility in selecting the provider of this assurance, while also 
protecting the state's interest in sound project financial management.
COMMENT: Concerning sec.39.70(4), one commenter questioned the appropriateness 
of including the number of physician assistants or nurse practitioners 
practicing in the community as one of the indicators of need. 
RESPONSE: The department feels this is a valid indicator of primary care service 
delivery capacity and notes that this is only one of at least ten indicators 
that will be used to prioritize need among eligible communities.
COMMENT: Concerning sec.39.70, department staff suggested that flexibility in 
applying additional indicators of community need after their announcement to 
applicants would be desirable. 
RESPONSE: The department agrees and has amended sec.39.70 accordingly. Comments 
on the proposal were received from the Texas Medical Association, the Texas 
Medical Association Rural Health Committee, and the City of Marfa, Texas. 
Comments were also received from the office of Senator David Sibley. The 
commenters were neither for nor against the sections in their entirety; however, 
they had questions and offered suggestions regarding changes.
The new sections are adopted under Health and Safety Code sec.46.004, which 
requires the Board of Health (board) to adopt rules to implement this program; 
and under Health and Safety Code sec.12.001(b), which authorizes the board to 
adopt rules for the performance of every duty imposed by law on the board, the 
department and commissioner of health. 

sec.39.70.Methodology for Prioritizing Neediest Communities. 
The department will prioritize the communities found eligible for participation 
in the program to assure that the neediest communities are provided grants. The 
prioritization process will quantify indicators of need (not listed in any 
assigned priority order) which include, but are not limited to, the following:
(1) no practicing primary care physicians; 
(2) with only one primary care physician and a population of at least 2,000; 
(3) no federally or state-funded primary health care clinic;
(4) no practicing physician assistants or nurse practitioners;
(5) the participating physician will be the only physician practicing in one of 
the primary care specialties; 
(6) large minority population, if the participating physician is a member of the 
same minority group; 
(7) designation by the United States Department of Health and Human Services as 
a primary care Health Professional Shortage Area (HPSA) for at least the last 
five years; 
(8) a population-to-primary care provider ratio in the top 25% of all counties 
in the state; 
(9) poverty rates above the state average; and 
(10) median family incomes at least 25% below the state average. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on July 3, 1996.
TRD-9609594
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: July 24, 1996
Proposal publication date: April 12, 1996
For further information, please call: (512) 458-7236

CHAPTER 97.Communicable Diseases 
The Texas Department of Health (department) adopts amendments to sec.97.1, 
sec.97.3, and sec.97.4; the repeal of sec.97.11 and sec.97.13; and new sec.97.11 
and sec.97.13. Sections sec.97.1, sec.97.11 and sec.97.13 are adopted with 
changes to the proposed text published in the March 8, 1996, issue of the Texas 
Register (21 Tex Reg 1845). Sections sec.97.3, and sec.97.4 are adopted without 
changes and will not be republished. 
Specifically these sections add diseases to the list of reportable disease (ie, 
cryptosporidiosis and ehrlichiosis), and modify an existing disease (ie, 
Haemophilus influenzae infections, invasive). These changes will allow the 
department to conduct specific surveillance activities in its efforts to better 
understand the epidemiology of these diseases. This information will form the 
basis for developing prevention and control measures as appropriate in the 
future. 
These sections also contain major revisions to those processes involving 
notification of emergency response employees of possible exposures to selected 
reportable diseases and mandatory testing of persons suspected of exposing 
certain other persons to selected reportable diseases. The sections simplify and 
clarify the processes for managing postexposure activities involving emergency 
response employees and other public safety employees as defined by the sections. 
A summary of comments received regarding the proposed sections and the 
department's responses are as follows: 
COMMENT: Concerning sec.97.11, two commenters requested the department to 
develop a standard form for notification requests as described in this section. 
RESPONSE: The department agrees. In anticipation of this request, the Infectious 
Disease Epidemiology and Surveillance Division has already contacted 
representatives of local health departments, the Texas Society of Infection 
Control Practitioners, and the department's Bureau of Emergency Management in 
efforts to develop a model form for use in the notification process. 
COMMENT: Concerning sec.97.11, one commenter requested that emergency response 
employees report possible exposures to diseases directly to the local health 
authority instead of to the hospital. 
RESPONSE: The department disagrees. The Texas Health and Safety Code, sec.81.048 
specifically states that emergency responders are to report possible exposures 
to the hospital. The hospital then reports to the local health authority.
COMMENT: Concerning sec.97.11, one commenter felt the health authority's 
involvement in the assessment of exposure was unnecessary. 
RESPONSE: The department disagrees. The health authority should evaluate the 
circumstances involving the possible exposure and determine whether a real risk 
of transmission exists. Assessment of exposures is a duty of health authorities 
that is consistent with those described in the Texas Health and Safety Code, 
Chapter 121, sec.121.024 entitled "Duties." 
COMMENT: Concerning sec.97.11(b)(1) and (b)(2), one commenter suggested that 
diphtheria and pertussis should be moved from subsection (b)(2) of this section 
to (b)(1). 
RESPONSE: The department agrees, and has made the necessary changes. 
COMMENT: Concerning sec.97.11 (b)(1) and (b)(2), one commenter suggested that 
poliomyelitis, rubella, mumps, and Q fever pneumonia should be moved from 
subsection (b)(2) of this section to (b)(1). 
RESPONSE: The department disagrees. Airborne transmission of Q fever from person 
to person has never been documented to our knowledge. Rather than being 
airborne, the viral agents for mumps, poliomyelitis, and rubella are spread by 
droplets or direct contact with nasopharyngeal secretions of infected persons. 
COMMENT: Concerning sec.97.11 (b)(1) and (b)(2), two commenters suggested that 
chickenpox should be moved from subsection (b)(2) of this section to (b)(1). 
RESPONSE: The department agrees, and has made the necessary change. 
COMMENT: Concerning sec.97.11 (b)(1) and (b)(2), five commenters suggested that 
meningococcal infections should be moved from subsection (b)(2) of this section 
to (b)(1). 
RESPONSE: The department disagrees. Close proximity for short periods of time 
does not place an individual at increased risk of acquiring meningococcal 
infections due to Neisseria meningitidis.
COMMENT: Concerning sec.97.11(b)(1), six commenters suggested that the disease 
listed as tuberculosis should be modified to specify pulmonary tuberculosis and 
laryngeal tuberculosis. 
RESPONSE: The department agrees, and has made the necessary changes. 
Tuberculosis diagnosed in body sites other than the lungs and larynx is not 
infectious to persons in enclosed spaces. 
COMMENT: Concerning sec.97.11 (b)(2), one commenter suggested deleting 
meningitis (specific type) from this subsection, since this general category of 
disease is not likely to be transmissible by procedures such as examination of 
the throat, oral or tracheal intubation or suctioning, or mouth-to-mouth 
resuscitation. 
RESPONSE: The department disagrees. Some etiologic agents of meningitis, such as 
Streptococcus pyogenes, are transmissible via this mode of exposure. 
COMMENT: Concerning sec.97.13, one commenter suggested that this section be 
deleted. 
RESPONSE: The department disagrees. The Texas Health and Safety Code, sec.81.050 
instructs the Board of Health to promulgate rules governing testing of persons 
suspected of exposing emergency responders to a reportable disease. The current 
sec.97.13, therefore, cannot be deleted. 
COMMENT: Concerning sec.97.13, one commenter requested that before mandatory 
testing as provided by this section can be requested, the emergency responder 
should have initially complied with sec.97.11. 
RESPONSE: The department disagrees. The Texas Health and Safety Code, sec.81.050 
does not require this. 
COMMENT: Concerning sec.97.13, one commenter requested clarification concerning 
who determines the disease(s) for which the source patient will be tested. 
RESPONSE: The department agrees with the request, and has made the necessary 
changes. The health authority will determine the disease(s) for which the source 
patient will be tested. A new paragraph will be added to subsection (f) which 
will further delineate the health authority's responsibilities.
COMMENT: Concerning sec.97.13, two commenters requested clarification regarding 
who pays for tests ordered under this section. 
RESPONSE: The Texas Health and Safety Code, sec.81.050 does not address who pays 
for the laboratory tests. It would seem reasonable to expect the emergency 
responder's employer to underwrite the costs of these tests, but the department 
has no legal authority to apportion these costs. 
COMMENT: Concerning sec.97.13, the Texas Workers' Compensation Commission was 
specifically concerned about the potential confusion between the persons covered 
by the Texas Health and Safety Code, sec.81.050 and sec.85.116. The Commission 
suggests revising the title of sec.97.13 by adding the phrase "and Required 
Procedures for Employers and Employees Related to Workers' Compensation or 
Similar Benefits." According to this comment, "this would advise those who may 
not be interested in required testing of a source that they may need to read the 
rule to determine how to qualify for certain benefits."
RESPONSE: The department disagrees. The department's rulemaking authority under 
sec.81.050 is limited to prescribing the criteria that constitute exposure, and 
designating a person to evaluate the report of the exposure. The rule as written 
complies with these requirements, and restates provisions from the statute. The 
department does not feel it has the authority to make a further explanation of 
the law relating to Workers' Compensation in this rule. Adding wording to the 
section title that mentions Workers' Compensation would mislead readers about 
the purpose and content of the rule. The department's only authority under the 
Texas Health and Safety Code, sec.85.116 is prescribing the criteria that 
constitute exposure to the human immunodeficiency virus (HIV), and this has been 
done in a separate rule (Title 25, Texas Administrative Code, sec.97.140). 
COMMENT: Concerning sec.97.13, the Texas Workers' Compensation Commission 
suggested that placing information about Workers' Compensation insurance in a 
rule entitled "Mandatory Testing of Persons Suspected of Exposing Certain Other 
Persons to Selected Reportable Diseases" is confusing. 
RESPONSE: The department agrees that putting subsections relating to Workers' 
Compensation is confusing, but this reflects the current organization of the 
statute. Placing this language in a new section would be more appropriate, but 
this cannot be done without new rulemaking. 
COMMENT: Concerning sec.97.13 (k)(1), the Texas Workers' Compensation Commission 
suggested that the department amend this subsection by changing "employee" to 
"emergency responder," as "emergency responder" is defined in the rule, and 
"employee" is not. 
RESPONSE: The department agrees, and has made the necessary changes. 
COMMENT: Concerning sec.97.13 (k)(2), the Texas Workers' Compensation Commission 
suggested that the department amend "employee" in subsection (k)(2) to use the 
definition of "employee" in Chapter 607 of the Texas Government Code (which is 
limited to public safety employees and emergency medical services employees of 
the state or political subdivisions). 
RESPONSE: The department disagrees. See the department's response to the 
previous comment. The term "employee" will not be used in subsections (k) and 
(l), and therefore the term need not be defined. The definition of "employee" in 
Chapter 607 of the Texas Government Code is more restrictive than the list of 
employees covered by the Texas Health and Safety Code, sec.81.050 and this rule. 
COMMENT: Concerning sec.97.13 (k)(3), the Texas Workers' Compensation Commission 
suggested that the department revise the text of this subsection by changing 
"reportable disease" to "HIV infection," as the Texas Health and Safety Code 
sec.85.116 includes only HIV infection, rather than all reportable diseases. 
RESPONSE: The department agrees, and has made the necessary changes. 
COMMENT: Concerning sec.97.13 (k)(3), the Texas Workers' Compensation Commission 
suggested that the department revise the text of this subsection to change 
"should" to "must," as the Texas Health and Safety Code sec.85.116 mandates the 
postexposure procedure to qualify for Workers' Compensation.
RESPONSE: The department agrees, and has made the necessary changes. 
COMMENT: Concerning sec.97.13, the Texas Workers' Compensation Commission 
suggested that the department revise the rule to include a notice posting 
requirement for employers of the employees subject to the postexposure 
requirements of the Texas Health and Safety Code, sec.81.050 and sec.85.116, and 
a requirement that the postexposure testing for emergency responders be paid by 
the employer or Workers' Compensation insurance carrier and, for state 
employees, by paid by the Workers' Compensation Division of the Attorney 
General's Office. 
RESPONSE: The department disagrees. The department's rulemaking authority under 
the Texas Health and Safety Code sec.81.050 is limited to prescribing the 
criteria that constitute exposure and designating a person to evaluate the 
report of the exposure. The department's only authority under sec.85.116 is 
prescribing the criteria that constitute exposure to HIV, and this has been done 
in a separate rule (Title 25, Texas Administrative Code, sec.97.140). The 
department is not aware of any other statutory authority to require or enforce 
the provisions embodied in the suggested changes. 
COMMENT: Concerning sec.97.13 (k), a representative from the Texas Workers' 
Compensation Commission addressed the board reiterating the Commission's concern 
that there be some mention of notice posting requirements in these rules, and 
that a statement be included which advises emergency responders and their 
employers to contact the Commission for more information on Workers' 
Compensation. The Commission also suggested the title for this section be 
revised to include mention of Workers' Compensation. 
RESPONSE: The board agreed with these suggested revisions, and the changes have 
been made. However, because of statutory limitations on the department in the 
area of Workers' Compensation issues, the changes to sec.97.13 (k) are limited 
to referrals to the Texas Workers' Compensation Commission and their rules. 
Minor editorial changes were made for clarification purposes. 
Several individuals and the following associations presented written comments on 
the proposed rules: the Texas Worker's Compensation Commission; the City of 
Houston Health and Human Services Department; the Galveston County Health 
District; the Texas Society of Infection Control Practitioners; the Dallas/Ft. 
Worth Regional Chapter of the Association for Professionals in Infection Control 
and Epidemiology, Inc. (APIC); Parkland Hospital, Dallas; Methodist Hospital, 
Lubbock; Southwest Texas Methodist Hospital, San Antonio; All Saints Health 
System, Ft. Worth; and Texas Department of Health staff. The commenters were 
generally supportive of the rules. However, they had questions, comments, 
suggestions, and concerns about specific sections. 

Control of Communicable Diseases
25 TAC sec.sec.97.1, 97.3, 97.11, and 97.13 
The amendments are proposed under the Health and Safety Code, Chapter 81, which 
provides the Board of Health (board) with the authority to prevent and control 
communicable disease; 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. The statutory basis for 
the notification of emergency responders is found in sec.81.048 of the Health 
and Safety Code, while sec.81.050 serves as the statutory basis for the 
mandatory testing of persons suspected of exposing certain other persons to 
selected reportable diseases.

sec.97.1.Definitions.
The following words and terms, when used in these sections, shall have the 
following meanings unless the context clearly indicates otherwise. 
AIDS-Acquired immune deficiency syndrome as defined by the Center for Disease 
Control and Prevention of the United States Public Health Service. The 
publication designating the most current definition may be requested from: Texas 
Department of Health, HIV/STD Epidemiology Division, 1100 West 49th Street, 
Austin, Texas 78756, (512) 490-2555 or 1-800-299-2973. 
Exposure-A situation or circumstance in which there is significant risk of 
becoming infected with the etiologic agent for the disease involved. 
Significant risk-A determination relating to a human exposure to an etiologic 
agent for a particular disease, based on reasonable medical judgments given the 
state of medical knowledge, relating to the following:
(A) nature of the risk (how the disease is transmitted);
(B) duration of the risk (how long an infected person may be infectious); 
(C) severity of the risk (what is the potential harm to others); and 
(D) probability the disease will be transmitted and will cause varying degrees 
of harm. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on July 3, 1996.
TRD-9609631
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: July 26, 1996
Proposal publication date: March 8, 1996
For further information, please call: (512) 458-7236

25 TAC sec.97.11, sec.97.13
The repeals are proposed under the Health and Safety Code, Chapter 81, which 
provides the Board of Health (board) with the authority to prevent and control 
communicable disease; 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. The statutory basis for 
the notification of emergency responders is found in sec.81.048 of the Health 
and Safety Code, while sec.81.050 serves as the statutory basis for the 
mandatory testing of persons suspected of exposing certain other persons to 
selected reportable diseases. 
Issued in Austin, Texas, on July 3, 1996.
TRD-9609632
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: July 26, 1996
Proposal publication date: March 8, 1996
For further information, please call: (512) 458-7236

The new sections are proposed under the Health and Safety Code, Chapter 81, 
which provides the Board of Health (board) with the authority to prevent and 
control communicable disease; 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. The statutory basis for 
the notification of emergency responders is found in sec.81.048 of the Health 
and Safety Code, while sec.81.050 serves as the statutory basis for the 
mandatory testing of persons suspected of exposing certain other persons to 
selected reportable diseases. 

sec.97.11.Notification of Emergency Medical Service Employee, Fire Fighter, or 
Peace Officer of Possible Exposure to a Disease.
(a) Purpose. The Communicable Disease Prevention and Control Act (Act), 
sec.81.048, requires a licensed hospital to notify a health authority in certain 
instances when an emergency medical service employee, peace officer, or fire 
fighter may have been exposed to a reportable disease during the course of duty 
from a person delivered to the hospital under conditions that were favorable for 
transmission. 
(b) Disease and criteria which constitute exposure. The following diseases and 
conditions constitute a possible exposure to the disease for the purposes of the 
Act, sec.81.048: 
(1) chickenpox; diphtheria; measles (rubeola); pertussis; pneumonic plague; 
pulmonary or laryngeal tuberculosis; and any viral hemorrhagic fever, if the 
worker and the patient are in the same room, vehicle, ambulance, or other 
enclosed space; 
(2) Haemophilus influenzae type b infection, invasive; meningitis (specify 
type); meningococcal infections, invasive; mumps; poliomyelitis; psittacosis; Q 
fever (pneumonia); rabies; and rubella, if there has been an examination of the 
throat, oral or tracheal intubation or suctioning, or mouth-to-mouth 
resuscitation; 
(3) acquired immune deficiency syndrome (AIDS); anthrax; brucellosis; dengue; 
ehrlichiosis; hepatitis, viral; human immunodeficiency virus (HIV) infection; 
malaria; plague; syphilis; tularemia; typhus; any viral hemorrhagic fever; and 
yellow fever, if there has been a needlestick or other penetrating puncture of 
the skin with a used needle or other contaminated item; or either a splatter or 
aerosol into the eye, nose, or mouth or any significant contamination of an open 
wound or non-intact skin with blood or body fluids; and 
(4) amebiasis; campylobacteriosis; cholera; cryptosporidiosis; Escherichia coli 
O157:H7 infection; hepatitis A; salmonellosis, including typhoid fever; 
shigellosis; and Vibrio infections, if fecal material is ingested. 
(c) Notification processes. The following notification processes shall apply 
when possible exposures to reportable diseases occur. 
(1) If the hospital has knowledge that, on admission to the hospital, the person 
transported has any of the reportable diseases listed in subsection (b)(1) of 
this section, then notice of a possible exposure of an emergency medical service 
employee, peace officer, or fire fighter to the disease shall be given to the 
health authority for the jurisdiction where the hospital is located. 
(2) For possible exposures to any of the diseases listed in subsection (b)(2)-
(4) of this section, the emergency medical service employee, peace officer, or 
fire fighter shall provide a medical professional at the hospital with notice, 
preferably written, or the circumstances of the possible exposure. Once the 
hospital has knowledge of a possible exposure, then notice shall be given as 
follows. 
(A) The hospital shall report the following information to the health authority 
for the jurisdiction where the hospital is located:
(i) the name of the emergency medical service employee, peace officer, or fire 
fighter possibly exposed; 
(ii) the date of the exposure; 
(iii) the circumstances of the exposure; 
(iv) whether laboratory testing was performed for diseases potentially 
transmitted by such exposures; and 
(v) positive test results for these diseases. 
(B) The health authority shall determine whether or not significant risk of 
disease transmission exists and report his/her assessment of the possible 
exposure event to the director of the entity that employs the emergency medical 
service employee, peace officer, or fire fighter. 
(C) The director of the entity that employs the emergency medical service 
employee, peace officer, or fire fighter shall inform the employee of the health 
authority's assessment. 
(D) A person notified of a possible exposure under this section shall maintain 
the confidentiality of the information provided to him or her. 
(d) Obligation to test. This section does not create a duty for a hospital to 
perform a test that is not necessary for the medical management of the person 
delivered to the hospital.

sec.97.13.Mandatory Testing of Persons Suspected of Exposing Certain Other 
Persons to Reportable Diseases, and Workers' Compensation Issues Relevant to 
Postexposure Management of Emergency Responders.
(a) Purpose. The Communicable Disease Prevention and Control Act, Health and 
Safety Code, sec.81.050, provides a mechanism by which an emergency medical 
service employee, paramedic, fire fighter, correctional officer, or law 
enforcement officer, who receives a bona fide exposure to a reportable disease 
in the course of employment or volunteer service may request the Texas 
Department of Health (department) or the department's designee to order testing 
of the person who may have exposed the worker. 
(b) Definitions. For the purposes of this section, the following words and/or 
terms will have the following meanings, unless the context clearly indicates 
otherwise. 
(1) Correctional officer-A public safety worker employed by either a county or 
the Texas Department of Criminal Justice whose normal duties and 
responsibilities include management or supervision of incarcerated persons. 
(2) Emergency responder-An emergency medical services employee, paramedic, fire 
fighter, correctional officer, or law enforcement officer who is employed by or 
volunteers for an employer with the responsibility of answering emergency calls 
for assistance. 
(3) Requestor-An emergency responder who presents a sworn affidavit to a health 
authority to request testing of a person who may have exposed him/her to a 
reportable disease in the course of his/her duties.
(4) Source-The person who may have exposed an emergency responder to a 
reportable disease during the emergency responder's course of duties. 
(c) Diseases and criteria that constitute exposure. The reportable diseases and 
the criteria that constitute exposure to such diseases are as outlined in 
sec.97.11 (b)(1)-(4) of this title (relating to Notification of Emergency 
Medical Service Employee, Fire Fighter, or Peace Officer of Possible Exposure to 
a Disease). 
(d) The department's designee. For the purposes of implementing the Health and 
Safety Code, sec.81.050 (d),(e), and (h), the following physicians have been 
delegated by the department to be the department's designee who will determine 
if a risk of exposure to a reportable disease has occurred:
(1) the health authority for the jurisdiction in which the emergency responder 
is employed; 
(A) if the health authority does not choose to make a determination of the risk 
of exposure, a licensed physician employed by the local health department who 
has responsibility for the control of reportable diseases in the jurisdiction 
served by the health department; or 
(B) if the health authority does not choose to make a determination of the risk 
of exposure and there is not a separate physician employed by the county or 
municipal health department with responsibility for the control of reportable 
disease, or for counties which do not have an appointed health authority, the 
regional director of the department of which the county or municipality is a 
part; and 
(2) for the Texas Department of Criminal Justice (TDCJ), the TDCJ Deputy 
Director of Health Services (Institutional Division) shall serve as the 
designated health official in determining risk of exposure to correctional 
officers employed by the TDCJ. 
(e) Criteria under which a request for mandatory testing can be made. A request 
under this section may be made only if the emergency responder:
(1) has experienced the exposure in the course of his or her employment or 
volunteer service; 
(2) believes that the exposure places him or her at risk of a reportable 
disease; and 
(3) presents to the department's designee a sworn affidavit that delineates the 
reasons for the request. 
(f) Initial actions required of the department's designee. Upon receiving a 
request for mandatory testing in accordance with subsection
(e) of this section, the department's designee shall: 
(1) review the emergency responder's request and inform him or her whether the 
request meets the criteria establishing risk of infection with a reportable 
disease; 
(2) determine which diagnostic tests may be indicated to verify exposure to 
certain reportable diseases; 
(3) give the source who is subject to the order prompt and confidential written 
notice of the order which must include the following items: 
(A) the grounds and provision of the order, and the factual basis for its 
issuance; 
(B) a referral to appropriate health care facilities where the source can be 
tested for certain reportable diseases; 
(C) a notice to the source who is subject to the order of the right to refuse to 
be tested; and 
(D) a statement of the authority of the department's designee to ask for a court 
order requiring the test; and 
(4) request the prosecuting attorney who represents the state in district court 
to petition said court for a hearing on the order, in the event that the source 
who is subject to the order refuses to comply.
(g) Source's right to an attorney. If the source who is subject to the order 
refuses to comply, and a hearing in district court ensues, then:
(1) the source has a right for an attorney to be present at the hearing; 
(2) the court shall appoint an attorney for a source who cannot afford legal 
representation; and 
(3) the source may not waive the right to an attorney unless he/she has 
consulted with an attorney. 
(h) Court proceedings. The district court proceedings include:
(1) a determination as to whether exposure occurred and whether the exposure 
presents a possible risk of infection as outlined in sec.97.11 (b)(1)-(4) of 
this title; 
(2) consideration of evidence if introduced by either the attorney for the state 
and/or the attorney for the source; 
(3) at the conclusion of the hearing, taking appropriate action being either: 
(A) an order requiring counseling and testing of the person for certain 
reportable diseases; or 
(B) a refusal to issue an order if the court has determined that the counseling 
and testing of the source is unnecessary; and 
(4) the option to assess court costs against the requestor if the court finds 
that there was not reasonable cause for the request. 
(i) Additional actions required of the department's designee. The department's 
designee shall be responsible for the following actions with respect to testing: 
(1) develop protocols for coding test specimens to ensure that any identifying 
information concerning the source will be destroyed as soon as the testing is 
complete; 
(2) inform the requestor of the test results: 
(3) inform both the requestor and the source of the need for medical follow up 
and counseling services in the event that the source is found to have a 
reportable disease; and 
(4) advise appropriate postexposure medical follow up as recommended by the 
United States Public Health Service. 
(j) HIV counseling and testing. HIV counseling and testing conducted under this 
section must conform to the model protocol on HIV counseling and testing 
required under the Health and Safety Code, sec.85.081. 
(k) Workers' compensation issues. For the purposes of qualifying for workers' 
compensation or any other similar benefits for compensation, the following shall 
apply: 
(1) An emergency responder who claims a possible work-related exposure to a 
reportable disease must provide the employer with a sworn affidavit of the date 
and circumstances of the exposure and document that, not later than the tenth 
day after the date of the exposure, the emergency responder had a test result 
that indicated an absence of the reportable disease. 
(2) An emergency responder exposed to a reportable disease during the course of 
employment shall be entitled to the benefits described in the Texas Government 
Code, Chapter 607. 
(3) A state emergency responder claiming an exposure to HIV infection in the 
normal course of his/her duties must follow the postexposure procedure mandated 
by the Health and Safety Code, sec.85.116 and sec.97.140 of this title (relating 
to Counseling and Testing for State Employees Exposed to Human Immunodeficiency 
Virus (HIV) Infection on the Job). 
(4) For posting and notice requirements, refer to the rules of the Texas 
Workers' Compensation Commission in Title 28, Texas Administrative Code, Chapter 
110 (relating to Required Notice of Coverage General Provisions).
(5) For further clarification of workers' compensation issues, emergency 
responders and their employers should contact the Texas Workers' Compensation 
Commission at 1-800-252-7031. 
(l) Testing of the exposed person. An emergency responder who may have been 
exposed to a reportable disease, may not be required to be tested. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on July 3, 1996.
TRD-9609633
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: July 26, 1996
Proposal publication date: March 8, 1996
For further information, please call: (512) 458-7236

CHAPTER 289.Radiation Control
Irradiator Regulations
25 TAC sec.289.258
The Texas Department of Health (department) adopts new sec.289.258, concerning 
licensing and radiation safety requirements for irradiators, with changes to the 
proposed text as published in the February 16, 1996, issue of the Texas Register 
(21 TexReg 1240); 
The new section covers licensing and specific safety requirements for the use of 
sealed sources containing radioactive material in irradiators used to irradiate 
objects or materials. This section is an item of compatibility with the United 
States Nuclear Regulatory Commission (NRC), and as an agreement state, Texas 
must adopt it. 
Following is a summary of changes that were made to the section as a result of 
comments received. 
The title of the section was changed from "Licenses and Radiation Safety 
Requirements for Irradiators" to "Licensing and Radiation Safety Requirements 
for Irradiators" to provide consistency with other section titles in this 
chapter. In subsection (b), paragraph (12) was deleted because the term "sealed 
source" is already defined in sec.289.201 of this title. In subsection (d)(4), 
the words "an outline" and "listed" were changed to "a copy" and "as outlined" 
to clarify the requirements an applicant for a specific license must meet before 
an application is approved by the department. In subsection (o)(2), the words 
"remain locked in the event of" were deleted and substituted with the words "not 
be deactivated by" to make it more clear that the loss of electric power itself 
would not cause the door to become unlocked. In subsection (w)(2), the wording 
"and the irradiator not used until the repairs have been made" at the end of the 
sentence was deleted and another sentence was added to read "If repairs are 
required, the irradiator shall not be operated unless alternative methods are 
utilized to provide an equivalent level of safety until repairs are completed" 
to clarify that the operator could continue to operate in the case of minor 
defects and malfunctions that are not significant to the safe operation of the 
irradiator. Other minor grammatical changes were made to the section. 
The following are the public comments made concerning the proposed section and 
the department's responses to those comments. 
Comment. Concerning subsection (d)(4), one commenter suggested that the 
requirements in this paragraph be changed to more specifically describe the 
requirements needed to apply for a specific license for irradiators. 
Response. The department acknowledged the comment and made changes to reflect 
that a copy of the written operating, safety, and emergency procedures be 
submitted with the application rather than just an outline of the procedures.
Comment. Concerning the section in general, one commenter requested that the 
existing facilities currently licensed in the state of Texas be granted a grace 
period for compliance of at least six months to allow for the installation of 
equipment and/or manufacturers retro fits that may be required for compliance.
Response. Most of the requirements in this section are currently required by 
license condition for existing facilities. The requirements for new irradiator 
licenses being constructed after August 1, 1996 are designated in this section. 
The department acknowledged the comment and made no change as a result of the 
comment. 
Comment. Concerning subsection (h)(2), one commenter was uncertain about what 
was required. Is the chain that is located behind the personnel access door, 
releases air pressure to the sterilizer unit, and lowers the source into the 
pool, considered a "backup access control"? If not, what type of detection 
system is required (photocells, pressure mats?...). The commenter felt that this 
requirement needed to be more specific. 
Response. The chain system or backup system in the particular case of this 
commenter appears to meet the requirements of this section. The department 
acknowledged the comment and made no change as the result of the comment.
Comment. Concerning subsection (o)(2), one commenter suggested that the wording 
be changed to clarify the requirement that the loss of electric power itself 
would not cause the door to become unlocked. 
Response. The department agreed with the comment and changed the subsection 
accordingly. 
Comment. Concerning subsection (w)(2), two commenters suggested that the 
department consider modifying the provision that the irradiator not be used 
until repairs have been made. The provisions should clarify that the operator 
could continue to operate in the case of minor defects and malfunctions that are 
not significant to the safe operation of the irradiator. 
Response. If repairs are required, the irradiator shall not be operated unless 
alternative methods are utilized to provide an equivalent level of safety until 
repairs are completed. The department acknowledged the comments and made the 
appropriate changes to the paragraph. 
Comment. Concerning subsection (cc)(1)(E), one commenter stated that this 
subsection needed to be more specific as to what "inoperability of the access 
control system" meant. For example, if the key switch at the control panel 
needed to be replaced, was this considered a reportable accident? 
Response. As long as the access control systems functions to prevent 
unauthorized access to the sources, it is operable and would not need to be 
reported. The department acknowledged the comment and made no change as a result 
of the comment. 
Commenters included representatives from Johnson & Johnson Medical Inc. of El 
Paso; Baxter of El Paso; SteriGenics of Charlotte, North Carolina; and the U.S. 
Nuclear Regulatory Commission of Washington, D.C. The commenters were generally 
in favor of the proposal; however, they presented comments and suggestions for 
changes to the proposal as previously discussed. 
The new section is adopted under the Health and Safety Code, Chapter 401, which 
provides the Texas Board of Health with authority to adopt rules and guidelines 
relating to the control of radiation; and sec.12.001, which authorizes the board 
to adopt rules for the performance of every duty imposed by law on the board, 
the department, and the commissioner of health. 

sec.289.258.Licensing and Radiation Safety Requirements for Irradiators. 
(a) Purpose and scope. 
(1) This section contains requirements for the issuance of a license authorizing 
the use of sealed sources containing radioactive material in irradiators that 
irradiate objects or materials using gamma radiation. This section also contains 
radiation safety requirements for operating irradiators. In addition to the 
requirements of this section, all licensees, unless otherwise specified, are 
subject to the requirements of sec.289.112 of this title (relating to Hearing 
and Enforcement Procedures), sec.289.114 of this title (relating to Notices, 
Instructions, and Reports to Workers; Inspections), sec.289.126 of this title 
(relating to Fees for Certificates of Registration, Radioactive Material(s) 
Licenses, Emergency Planning and Implementation, and other Regulatory Services), 
sec.289.201 of this title (relating to General Provisions), sec.289.202 of this 
title (relating to Standards for Protection of Radiation), and sec.289.252 of 
this title (relating to Licensing of Radioactive Material). Nothing in this 
section relieves the licensee from complying with other applicable federal, 
state and local regulations governing the siting, zoning, land use, and building 
code requirements for industrial facilities. 
(2) The requirements in this section apply to panoramic irradiators that have 
either dry or wet storage of the radioactive sealed sources and to underwater 
irradiators in which both the source and the product being irradiated are 
underwater. Irradiators whose dose rates exceed 500 rads (5 grays) per hour at 1 
meter from the radioactive sealed sources in air or in water, as applicable for 
the irradiator type, are covered by this section. 
(3) The requirements in this section do not apply to self-contained, dry-source-
storage irradiators (those in which both the source and the area subject to 
irradiation are contained within a device and are not accessible by personnel), 
medical radiology or teletherapy, radiography (the irradiation of materials for 
nondestructive testing purposes), gauging, or open-field (agricultural) 
irradiations. 
(b) Definitions. The following words and terms, when used in these sections, 
shall have the following meanings, unless the context clearly indicates 
otherwise. 
(1) Annually - At intervals not to exceed 390 days. 
(2) Doubly encapsulated sealed source - A sealed source in which the radioactive 
material is sealed within a capsule and that capsule is sealed within another 
capsule. 
(3) Irradiator - A facility that uses radioactive sealed sources for the 
irradiation of objects or materials and in which radiation doses rates exceeding 
500 rads (5 grays) per hour exist at 1 meter from the sealed radioactive sources 
in air or water, as applicable for the irradiator type, but does not include 
irradiators in which both the sealed source and the area subject to irradiation 
are contained within a device and are not accessible to personnel. 
(4) Irradiator operator - An individual who has successfully completed the 
training and testing described in subsection (r) of this section and is 
authorized by the terms of the license to operate the irradiator without a 
supervisor present, who has completed the requirements of subsection (r)(1)-(3) 
of this section. 
(5) Panoramic dry-source-storage irradiator - An irradiator in which the 
irradiations occur in air in areas potentially accessible to personnel and in 
which the sources are stored in shields made of solid materials. The term 
includes beam-type dry-source-storage irradiators in which only a narrow beam of 
radiation is produced for performing irradiations. 
(6) Panoramic irradiator - An irradiator in which the irradiations are done in 
air in areas potentially accessible to personnel. The term includes beam-type 
irradiators. 
(7) Panoramic wet-source-storage irradiator - An irradiator in which the 
irradiations occur in air in areas potentially accessible to personnel and in 
which the sources are stored under water in a storage pool.
(8) Pool irradiator - Any irradiator in which the sources are stored or used in 
a pool of water, including panoramic wet-source-storage irradiators and 
underwater irradiators. 
(9) Product conveyor system - A system for moving the product to be irradiated 
to, from, and within the area where irradiation takes place. 
(10) Radiation room - A shielded room in which irradiations take place. 
Underwater irradiators do not have radiation rooms. 
(11) Seismic area - Any area where the probability of horizontal acceleration in 
rock of more than 0.3 times the acceleration of gravity in 250 years is greater 
than 10%, as designated by the United States Geological Survey. 
(12) Underwater irradiator - An irradiator in which the sources always remain 
shielded underwater and humans do not have access to the sealed sources or the 
space subject to irradiation without entering the pool. 
(c) Application for a specific license. Applications for specific licenses shall 
be filed in accordance with sec.289.252(d) of this title.
(d) Specific licenses for irradiators. 
(1) The agency will approve an application for a specific license for the use of 
licensed material in an irradiator if the applicant meets the requirements 
contained in this section. 
(2) The applicant shall satisfy the general requirements specified in 
sec.289.252 of this title and the requirements contained in this section. 
(3) The application shall describe the training provided to irradiator operators 
including: 
(A) classroom training; 
(B) on-the-job or simulator training; 
(C) safety reviews; 
(D) means employed by the applicant to test each operator's understanding of the 
agency's regulations and licensing requirements and the irradiator operating, 
safety, and emergency procedures; and 
(E) minimum training and experience of personnel who may provide training. 
(4) The application shall include a copy of the written operating, safety, and 
emergency procedures as outlined in subsection (s) of this section that 
describes the radiation safety aspects of the procedures.
(5) The application shall describe the organizational structure for managing the 
irradiator, specifically the radiation safety responsibilities and authorities 
of the radiation safety officer and those management personnel who have 
radiation safety responsibilities or authorities. In particular, the application 
shall specify who, within the management structure, has the authority to stop 
unsafe operations. The application shall also describe the training and 
experience required for the position of radiation safety officer. 
(6) The application shall include a description of the access control systems 
required by subsection (h) of this section, the radiation monitors required by 
subsection (k) of this section, the method of detecting leaking sources required 
by subsection (v) of this section including the sensitivity of the method, and a 
diagram of the facility that shows the locations of all required interlocks and 
radiation monitors. 
(7) If the applicant intends to perform and analyze leak tests of dry-source-
storage sealed sources, the applicant shall establish procedures for leak 
testing and submit a description of these procedures to the agency. The 
description shall include at least the following: 
(A) instruments to be used; 
(B) methods of performing the analysis; and 
(C) pertinent experience of the individual who analyzes the samples. 
(8) If licensee personnel are to load or unload sources, the applicant shall 
describe the qualifications and training of the personnel and the procedures to 
be used. If the applicant intends to contract for source loading or unloading at 
its facility, the loading or unloading shall be done by a person specifically 
authorized by the agency, the commission, an agreement state, or a licensing 
state to load or unload irradiator sources. 
(9) The applicant shall describe the inspection and maintenance checks, 
including the frequency of the checks required by subsection (w) of this 
section. 
(e) Start of construction. The applicant may not begin construction of a new 
irradiator prior to the submission to the agency of both an application for a 
license for the irradiator and the fee required by sec.289.126 of this title. As 
used in this section, the term "construction" includes the construction of any 
portion of the permanent irradiator structure on the site but does not include: 
engineering and design work; purchase of a site; site surveys or soil testing; 
site preparation; site excavation; construction of warehouse or auxiliary 
structures; and other similar tasks. Any construction activities undertaken 
prior to the issuance of a license are entirely at the risk of the applicant and 
have no bearing on the issuance of a license with respect to the requirements of 
the Texas Radiation Control Act (Act), rules, regulations, and orders issued 
under the Act. 
(f) Applications for exemptions. Any applications for a license or for amendment 
of a license authorizing use of a teletherapy-type unit for irradiation of 
materials or objects may include proposed alternatives for the requirements of 
this section. The agency will approve the proposed alternatives if the applicant 
provides adequate rationale for the proposed alternatives and demonstrates that 
they are likely to provide an adequate level of safety for workers and the 
public. 
(g) Performance criteria for sealed sources. 
(1) Sealed sources. Sealed sources installed after August 1, 1996 shall: 
(A) have been evaluated in accordance with sec.289.252(i) of this title; 
(B) be doubly encapsulated; 
(C) use radioactive material that is as nondispersible as practical and that is 
as insoluble as practical if the source is used in a wet-source-storage or wet-
source-change irradiator; 
(D) be encapsulated in a material resistant to general corrosion and to 
localized corrosion, such as 316L stainless steel or other material with 
equivalent resistance if the sources are for use in irradiator pools; and 
(E) have been leak tested and found leak-free in prototype testing of the sealed 
source after each of the tests described in paragraphs (2)-(7) of this 
subsection. 
(2) Temperature. The test source shall be held at -40 degrees C for 20 minutes, 
600 degrees C for 1 hour, and then be subjected to thermal shock test with a 
temperature drop from 600 degrees C to 20 degrees C within 15 seconds.
(3) Pressure. The test source shall be twice subjected for at least 5 minutes to 
an external pressure (absolute) of 2 million newtons per square meter. 
(4) Impact. A 2-kilogram steel weight, 2.5 centimeters in diameter, shall be 
dropped from a height of 1 meter onto the test source.
(5) Vibration. The test source shall be subjected three times for 10 minutes 
each to vibrations sweeping from 25 hertz to 500 hertz with a peak amplitude of 
five times the acceleration of gravity. In addition, each test source shall be 
vibrated for 30 minutes at each resonant frequency found. 
(6) Puncture. A 50-gram weight and pin, 0.3-centimeter pin diameter, shall be 
dropped from a height of 1 meter onto the test source.
(7) Bend. If the length of the source is more than 15 times larger than the 
minimum cross-sectional dimension, the test source shall be subjected to a force 
of 2000 newtons at its center equidistant from two support cylinders, the 
distance between which is 10 times the minimum cross-sectional dimension of the 
source. 
(h) Access control requirements in addition to the requirements of 
sec.289.202(u) of this title. 
(1) Each entrance to a radiation room at a panoramic irradiator shall have a 
door or other physical barrier to prevent inadvertent entry of personnel if the 
sources are not in the shielded position. Product conveyor systems may serve as 
barriers as long as they reliably and consistently function as a barrier. It 
shall not be possible to move the sources out of their shielded position if the 
door or barrier is open. Opening the door or barrier while the sources are 
exposed shall cause the sources to return promptly to the shielded position. The 
personnel entrance door or barrier shall have a lock that is operated by the 
same key used to move the sources. The doors and barriers shall not prevent any 
individual in the radiation room from leaving.
(2) In addition, each entrance to a radiation room at a panoramic irradiator 
shall have an independent backup access control to detect personnel entry while 
the sources are exposed. Detection of entry while the source are exposed shall 
cause the sources to return to their fully shielded position and shall also 
activate a visible and audible alarm to make the individual entering the room 
aware of the hazard. The alarm shall also make at least one other individual who 
is onsite aware of the entry. That individual shall be trained on how to respond 
to the alarm and be prepared to promptly render or summon assistance. 
(3) A radiation monitor shall be provided to detect the presence of high 
radiation levels in the radiation room of a panoramic irradiator before 
personnel entry. The monitor shall be integrated with personnel access door 
locks to prevent room access when radiation levels are high. Attempted personnel 
entry while the monitor measures high radiation levels shall activate the alarm 
described in paragraph (2) of this subsection. The monitor may be located in the 
entrance (normally referred to as the maze) but not in the direct radiation 
beam. 
(4) Before the sources move from their shielded position in a panoramic 
irradiator, the source control shall automatically activate conspicuous visible 
and audible alarms to alert people in the radiation room that the sources will 
be moved from their shielded position. The alarms shall give individuals enough 
time to leave the room and to operate the control described in paragraph (5) of 
this subsection before the sources leave the shielded position. 
(5) Each radiation room at a panoramic irradiator shall have a clearly visible 
and readily accessible control that allows an individual in the room to return 
the sources to their fully shielded position. 
(6) Each radiation room of a panoramic irradiator shall contain a control that 
prevents the sources from moving from the shielded position unless the control 
has been activated and the door or barrier to the radiation room has been closed 
within a preset time after activation of the control. 
(7) Each entrance to the radiation room of a panoramic irradiator and each 
entrance to the area within the personnel access barrier of an underwater 
irradiator shall have a sign bearing the radiation symbol and the words, 
"CAUTION (or DANGER), RADIOACTIVE MATERIAL." Panoramic irradiators shall also 
have a sign stating "CAUTION (or DANGER), HIGH RADIATION AREA," or "GRAVE 
DANGER, VERY HIGH RADIATION AREA," whichever is applicable, but the sign may be 
removed, covered, or otherwise made inoperative when the sources are fully 
shielded. 
(8) If the radiation room of a panoramic irradiator has roof plugs or other 
movable shielding, it shall not be possible to operate the irradiator unless the 
shielding is in its proper location. The requirement may be met by interlocks 
that prevent operation if shielding is not placed properly or by an operating 
procedure requiring inspection of shielding before operating. 
(9) Underwater irradiators shall have a personnel access barrier around the pool 
that shall be locked to prevent access when the irradiator is not attended. Only 
operators and facility management may have access to keys to the personnel 
access barrier. There shall be an intrusion alarm to detect unauthorized entry 
when the personnel access barrier is locked. Activation of the intrusion alarm 
shall alert an individual (not necessarily onsite) who is prepared to respond or 
summon assistance. 
(i) Shielding. 
(1) The radiation dose rate in areas that are normally occupied during operation 
of a panoramic irradiator may not exceed 2 millirems (0.02 millisievert) per 
hour at any location 30 centimeters or more from the wall of the room when the 
sources are exposed. The dose rate shall be averaged over an area not to exceed 
100 square centimeters having no linear dimension greater than 20 centimeters. 
Areas where the radiation dose rate exceeds 2 millirems (0.02 millisievert) per 
hour shall be locked, roped off, or posted.
(2) The radiation dose at 30 centimeters over the edge of the pool of a pool 
irradiator may not exceed 2 millirems (0.02 millisievert) per hour when the 
sources are in the fully shielded position. 
(3) The radiation dose rate at 1 meter from the shield of a dry-source-storage 
panoramic irradiator when the source is shielded may not exceed 2 millirems 
(0.02 millisievert) per hour and at 5 centimeters from the shield may not exceed 
20 millirems (0.2 millisievert) per hour.
(j) Fire protection. 
(1) The radiation room at a panoramic irradiator shall have heat and smoke 
detectors. The detectors shall activate an audible alarm. The alarm shall be 
capable of alerting a person who is prepared to summon assistance promptly. The 
sources shall automatically become fully shielded if a fire is detected. 
(2) The radiation room at a panoramic irradiator shall be equipped with a fire 
extinguishing system capable of extinguishing a fire without the entry of 
personnel into the room. If water is used, the system for the radiation room 
shall have a shut-off valve to control flooding into unrestricted areas. 
(k) Radiation monitors. 
(1) Irradiators with automatic product conveyor systems shall have a radiation 
monitor with an audible alarm located to detect loose radioactive sources that 
are carried toward the product exit. If the monitor detects a source, an alarm 
shall sound and product conveyors shall stop automatically. The alarm shall be 
capable of alerting an individual in the facility who is prepared to summon 
assistance. Underwater irradiators in which the product moves within an enclosed 
stationary tube are exempt from the requirements of this paragraph. 
(2) Underwater irradiators that are not in a shielded radiation room shall have 
a radiation monitor over the pool to detect abnormal radiation levels. The 
monitor shall have an audible alarm and a visible indicator at entrances to the 
personnel access barrier around the pool. The audible alarm may have a manual 
shut-off. The alarm shall be capable of alerting an individual who is prepared 
to respond promptly. 
(l) Control of source movement. 
(1) The mechanism that moves the sources of a panoramic irradiator shall require 
a key to actuate. Actuation of the mechanism shall cause an audible signal to 
indicate that the sources are leaving the shielded position. Only one key may be 
in use at any time, and only operators or facility management may possess it. 
The key shall be attached to a portable radiation survey meter by a chain or 
cable. The lock for source control shall be designed so that the key may not be 
removed if the sources are in an unshielded position. The door to the radiation 
room shall require the same key. 
(2) The console of a panoramic irradiator shall have a source position indicator 
that indicates when the sources are in the fully shielded position, when they 
are in transit, and when the sources are in the fully exposed position. 
(3) The control console of a panoramic irradiator shall have a control that when 
activated, shall return the source to its fully shielded position within its 
normal transit time. 
(4) Each control for a panoramic irradiator shall be clearly marked as to its 
function. 
(m) Irradiator pools. 
(1) For licenses initially issued after August 1, 1996, irradiator pools shall 
either: 
(A) have a water-tight stainless steel liner or a liner metallurgically 
compatible with other components in the pool; or 
(B) be constructed so that there is a low likelihood of substantial leakage and 
have a surface designed to facilitate decontamination. In either case, the 
licensee shall have a method to safely store the sources during repairs of the 
pool. 
(2) For licenses initially issued after August 1, 1996, irradiator pools shall 
have no outlets more than 0.5 meter below the normal low water level that could 
allow water to drain out of the pool. Pipes that have openings more than 0.5 
meter below the normal low water level and that could act as siphons shall have 
siphon breakers to prevent the siphoning of pool water. 
(3) A means shall be provided to replenish water losses from the pool. 
(4) A visible indicator shall be provided in a clearly visible location to 
indicate if the pool water level is below the normal low water level or above 
the normal high water level. 
(5) Irradiator pools shall be equipped with a purification system designed to be 
capable of maintaining the water during normal operation at a conductivity of 20 
microsiemens per centimeter or less and with a clarity so that the sources can 
be seen clearly. 
(6) A physical barrier, such as a railing or cover, shall be used around or over 
irradiator pools during normal operation to prevent personnel from accidentally 
falling into the pool. The barrier may be removed during maintenance, 
inspection, and service operations. 
(7) If long-handled tools or poles are used in irradiator pools, the radiation 
dose rate on the handling areas of the tools may not exceed 2 millirems (0.02 
millisievert) per hour. 
(n) Source rack protection. If the product to be irradiated moves on a product 
conveyor system, the source rack and the mechanism that moves the rack shall be 
protected by a carrier or guides to prevent products and product carriers from 
hitting or touching the rack or mechanism. 
(o) Power failures. 
(1) If electrical power at a panoramic irradiator is lost for longer than 10 
seconds, the sources shall automatically return to the shielded position. 
(2) The lock on the door of the radiation room of a panoramic irradiator shall 
not be deactivated by a power failure. 
(3) During a power failure, the area of any irradiator where sources are located 
may be entered only when using an operable and calibrated radiation survey 
meter. 
(p) Design requirements for irradiators. Design requirements for irradiators 
that have construction beginning after August 1, 1996. 
(1) Shielding. For panoramic irradiators, the licensee shall design shielding 
walls to meet generally accepted building code requirements for reinforced 
concrete and design the walls, wall penetrations, and entrance ways to meet the 
radiation shielding requirements of subsection (i) of this section. If the 
irradiator will use more than 5 million curies (2 x 10[sup]17 becquerels) of 
activity, the licensee shall evaluate the effects of heating of the shielding 
walls by the irradiator sources.
(2) Foundations. For panoramic irradiators, the licensee shall design the 
foundation, with consideration given to soil characteristics, to ensure it is 
adequate to support the weight of the facility shield walls.
(3) Pool integrity. For pool irradiators, the licensee shall design the pool to 
assure that it is leak resistant, that it is strong enough to bear the weight of 
the pool water and shipping casks, that a dropped cask would not fall on sealed 
sources, that all outlets or pipes meet the requirements of subsection (m)(2) of 
this section, and that metal components are metallurgically compatible with 
other components in the pool. 
(4) Water handling system. For pool irradiators, the licensee shall verify that 
the design of the water purification system is adequate to meet the requirements 
of subsection (m)(5) of this section. The system shall be designed so that water 
leaking from the system does not drain to unrestricted areas without being 
monitored. 
(5) Radiation monitors. For all irradiators, the licensee shall evaluate the 
location and sensitivity of the monitor to detect sources carried by the product 
conveyor system as required by subsection (k)(1) of this section. The licensee 
shall verify that the product conveyor is designed to stop before a source on 
the product conveyor would cause a radiation overexposure to any person. For 
pool irradiators, if the licensee uses radiation monitors to detect 
contamination under subsection (v)(2) of this section, the licensee shall verify 
that the design of radiation monitoring systems to detect pool contamination 
includes sensitive detectors located close to where contamination is likely to 
concentrate. 
(6) Source rack. For pool irradiators, the licensee shall verify that there are 
no crevices on the source or between the source and source holder that would 
promote corrosion on a critical area of the source. For panoramic irradiators, 
the licensee shall determine that source rack drops due to loss of power will 
not damage the source rack and that source rack drops due to failure of cables 
(or alternate means of support) will not cause loss of integrity of sealed 
sources. For panoramic irradiators, the licensee shall review the design of the 
mechanism that moves the sources to assure that the likelihood of a stuck source 
is low and that, if the rack sticks, a means exists to free it with minimal risk 
to personnel. 
(7) Access control. For panoramic irradiators, the licensee shall verify from 
the design and logic diagram that the access control system will meet the 
requirements of subsection (h) of this section. 
(8) Fire protection. For panoramic irradiators, the licensee shall verify that 
the number, locations, and spacing of the smoke and heat detectors are 
appropriate to detect fires and that the detectors are protected from mechanical 
and radiation damage. The licensee shall verify that the design of the fire 
extinguishing system provides the necessary discharge patterns, densities, and 
flow characteristics for complete coverage of the radiation room and that the 
system is protected from mechanical and radiation damage. 
(9) Source return. For panoramic irradiators, the licensee shall verify that the 
source rack will automatically return to the fully shielded position if power is 
lost for more than 10 seconds. 
(10) Seismic. For panoramic irradiators to be built in seismic areas, the 
licensee shall design the reinforced concrete radiation shields to retain their 
integrity in the event of an earthquake by designing to the seismic requirements 
of an appropriate source such as American Concrete Institute Standard ACI 318-
89, "Building Code Requirements for Reinforced Concrete," Chapter 21, "Special 
Provisions for Seismic Design," or local building codes, if current. 
(11) Wiring. For panoramic irradiators, the licensee shall verify that 
electrical wiring and electrical equipment in the radiation room are selected to 
minimize failures due to prolonged exposure to radiation. 
(q) Construction monitoring and acceptance testing requirements to be met prior 
loading sources for irradiators that have construction beginning after August 1, 
1996. 
(1) Shielding. For panoramic irradiators, the licensee shall monitor the 
construction of the shielding to verify that its construction meets design 
specifications and generally accepted building code requirements for reinforced 
concrete. 
(2) Foundations. For panoramic irradiators, the licensee shall monitor the 
construction of the foundations to verify that the foundation construction meets 
design specifications. 
(3) Pool integrity. For pool irradiators, the licensee shall verify that the 
pool meets design specifications and shall test the integrity of the pool. The 
licensee shall verify that outlets and pipes meet the requirements of subsection 
(m)(2) of this section. 
(4) Water handling system. For pool irradiators, the licensee shall verify that 
the water purification system, the conductivity meter, and the water level 
indicators operate properly. 
(5) Radiation monitors. For all irradiators, the licensee shall verify the 
proper operation of the monitor to detect sources carried on the product 
conveyor system and the related alarms and interlocks required by subsection 
(k)(1) of this section. For pool irradiators, the licensee shall verify the 
proper operation of the radiation monitors and the related alarm if used to meet 
subsection (v)(2) of this section. For underwater irradiators, the licensee 
shall verify the proper operation of the over-the-pool monitor, alarms, and 
interlocks required by subsection (k)(2) of this section. 
(6) Source rack. For panoramic irradiators, the licensee shall test the movement 
of the source racks for proper operation prior to source loading; testing shall 
include source rack lowering due to simulated loss of power. For all irradiators 
with product conveyor systems, the licensee shall observe and test the operation 
of the conveyor system to assure that the requirements in subsection (n) of this 
section are met for protection of the source rack and the mechanism that moves 
the rack; testing shall include tests of any limit switches and interlocks used 
to protect the source rack and mechanism that moves that rack from moving 
product carriers. 
(7) Access control. For panoramic irradiators, the licensee shall test the 
completed access control system to assure that it functions as designed and that 
all alarms, controls, and interlocks work properly.
(8) Fire protection. For panoramic irradiators, the licensee shall test the 
ability of the heat and smoke detectors to detect a fire, to activate alarms, 
and to cause the source rack to automatically become fully shielded. The 
licensee shall test the operability of the fire extinguishing system. 
(9) Source return. For panoramic irradiators, the licensee shall demonstrate 
that the source racks can be returned to their fully shielded positions without 
power. 
(10) Computer systems. For panoramic irradiators that use a computer system to 
control the access control system, the licensee shall verify that the access 
control system will operate properly if power is lost and shall verify that the 
computer has security features that prevent an irradiator operator from 
commanding the computer to override the access control system when it is 
required to be operable. 
(11) Wiring. For panoramic irradiators, the licensee shall verify that the 
electrical wiring and electrical equipment that were installed meet the design 
specifications. 
(r) Training. 
(1) Before an individual is permitted to operate an irradiator without a 
supervisor present, who has completed the requirements of this paragraph and 
paragraphs (2) and 
(3) of this subsection, the individual shall be instructed in: 
(A) the fundamentals of radiation protection applied to irradiators (including 
the differences between external radiation and radioactive contamination, units 
of radiation dose, dose limits, why large radiation doses shall be avoided, how 
shielding and access controls prevent large doses, how an irradiator is designed 
to prevent contamination, the proper use of survey meters and personnel 
dosimeters, other radiation safety features of an irradiator, and the basic 
function of the irradiator); 
(B) the requirements of this section and sec.289.114 of this title that are 
relevant to the irradiator; 
(C) the operation of the irradiator; 
(D) those operating, safety, and emergency procedures listed in subsection (s) 
of this section that the individual is responsible for performing; and 
(E) case histories of accidents or problems involving irradiators.
(2) Before an individual is permitted to operate an irradiator without a 
supervisor present, who has completed the requirements of this paragraph and 
paragraphs (1) and 
(3) of this subsection, the individual shall pass a written test on the 
instruction received consisting primarily of questions based on the licensee's 
operating, safety, and emergency procedures that the individual is responsible 
for performing and other operations necessary to safely operate the irradiator 
without supervision. 
(3) Before an individual is permitted to operate an irradiator without a 
supervisor present, who has completed the requirements of this paragraph and 
paragraphs (1) and 
(2) of this subsection, the individual shall have received on-the-job training 
or simulator training in the use of the irradiator as described in the license 
application. The individual shall also demonstrate the ability to perform those 
portions of the operating, safety, and emergency procedures that he or she is to 
perform. 
(4) The licensee shall conduct safety reviews for irradiator operators at least 
annually. The licensee shall give each operator a brief written test on the 
information. Each safety review shall include, to the extent appropriate, each 
of the following: 
(A) changes in operating, safety, and emergency procedures since the last 
review, if any; 
(B) changes in rules and license conditions since the last review, if any; 
(C) reports on recent accidents, mistakes, or problems that have occurred at 
irradiators, if any; 
(D) relevant results of inspections of operator safety performance;
(E) relevant results of the facility's inspection and maintenance checks; and 
(F) a drill to practice an emergency or abnormal event procedure.
(5) The licensee shall evaluate the safety performance of each irradiator 
operator at least annually to ensure that regulations, license conditions, and 
operating, safety, and emergency procedures are followed. The licensee shall 
discuss the results of the evaluation with the operator and shall instruct the 
operator on how to correct any mistakes or deficiencies observed. 
(6) Individuals who will be permitted unescorted access to the radiation room of 
the irradiator or the area around the pool of an underwater irradiator, but who 
have not received the training required for operators and the radiation safety 
officer, shall be instructed and tested in any precautions they should take to 
avoid radiation exposure, any procedures or parts of procedures listed in 
subsection (s) of this section that they are expected to perform or comply with, 
and their proper response to alarms required in this section. Tests may be oral. 
(7) Individuals who shall be prepared to respond to alarms required by 
subsections (h)(2) and (9), (j), (k), and (v)(2) of this section shall be 
trained and tested on how to respond. Each individual shall be retested at least 
once a year. Tests may be oral. 
(s) Operating, safety, and emergency procedures. 
(1) The licensee shall have and follow written operating procedures for: 
(A) operation of the irradiator, including entering and leaving the radiation 
room; 
(B) use of personnel dosimeters; 
(C) surveying the shielding of panoramic irradiators; 
(D) monitoring pool water for contamination while the water is in the pool and 
before release of pool water to unrestricted areas; 
(E) leak testing of sources; 
(F) inspection and maintenance checks required by subsection (w) of this 
section; 
(G) loading, unloading, and repositioning sources, if the operations will be 
performed by the licensee; and 
(H) inspection of movable shielding required by subsection (h)(8) of this 
section, if applicable. 
(2) The licensee shall have and follow emergency or abnormal event procedures, 
appropriate for the irradiator type, for: 
(A) sources stuck in the unshielded position; 
(B) personnel overexposures; 
(C) a radiation alarm from the product exit portal monitor or pool monitor; 
(D) detection of leaking source, pool contamination, or alarm caused by 
contamination of pool water; 
(E) a low or high water level indicator, an abnormal water loss, or leakage from 
the source storage pool; 
(F) a prolonged loss of electrical power; 
(G) a fire alarm or explosion in the radiation room; 
(H) an alarm indicating unauthorized entry into the radiation room, area around 
pool, or another alarmed area; 
(I) natural phenomena, including an earthquake, a tornado, flooding, or other 
phenomena as appropriate for the geographical location of the facility; and 
(J) the jamming of automatic conveyor systems. 
(3) The licensee may revise operating, safety, and emergency procedures without 
agency approval only if all of the following conditions are met: 
(A) the revisions do not reduce the safety of the facility;
(B) the revisions are consistent with the outline or summary of procedures 
including procedures for changes to operating, safety, and emergency procedures 
submitted with the license application; 
(C) the revisions have been reviewed and approved by the radiation safety 
officer; 
(D) the users or operators are instructed and tested on the revised procedures 
before they are put into use; and 
(E) changes to operating, safety, and emergency procedures shall be submitted to 
the agency after subparagraphs (A) through (D) of this paragraph are completed. 
(t) Personnel monitoring. 
(1) Irradiator operators shall wear either a film badge or a thermoluminescent 
dosimeter (TLD) while operating a panoramic irradiator or while in the area 
around the pool of an underwater irradiator. The film badge or TLD processor 
shall be accredited by the National Voluntary Laboratory Accreditation Program 
for high energy photons in the normal and accident dose ranges (see 
sec.289.202(p)(3) of this title. Each film badge or TLD shall be assigned to and 
worn by only one individual. Film badges shall be replaced at an interval not to 
exceed monthly and TLDs shall be replaced at an interval not to exceed three 
months. After replacement, each film badge or TLD shall be returned to the 
supplier for processing within 14 calendar days of the exchange date specified 
by the personnel monitoring supplier or as soon as practicable. In circumstances 
that make it impossible to return each film badge or TLD within 14 calendar 
days, such circumstances shall be documented and available for review by the 
agency. 
(2) Other individuals who enter the radiation room of a panoramic irradiator 
shall wear a dosimeter, which may be a pocket dosimeter. For groups of visitors, 
only two people who enter the radiation room are required to wear dosimeters. If 
pocket dosimeters are used to meet the requirements of the paragraph, a check of 
their response to radiation shall be done at least annually. Acceptable 
dosimeters shall read within 
(u) Radiation surveys. 
(1) A radiation survey of the area outside the shielding of the radiation room 
of a panoramic irradiator shall be conducted with the sources in the exposed 
position before the facility starts to operate. A radiation survey of the area 
above the pool of pool irradiators shall be conducted after the sources are 
loaded but before the facility starts to operate. Additional radiation surveys 
of the shielding shall be performed at intervals not to exceed three years and 
before resuming operation after addition of new sources or any modification to 
the radiation room shielding or structure that might increase dose rates. 
(2) If the radiation levels specified in subsection (i) of this section are 
exceeded, the facility shall be modified to comply with the requirements in 
subsection (i) of this section. 
(3) Portable radiation survey meters shall be calibrated at least annually to an 
accuracy of 
(4) Water from the irradiator pool, other potentially contaminated liquids, and 
sediments from pool vacuuming shall be monitored for radioactive contamination 
before release to unrestricted areas. Radioactive concentrations shall not 
exceed those specified in Table 2, Column 2 or Table 3 of sec.289.202(ggg)(2) of 
this title. 
(5) Before releasing resins for unrestricted use, they shall be monitored in an 
area with a background level less than 0.05 millirem (0.5 microsievert) per 
hour. The resins may be released only if the survey does not detect radiation 
levels above background radiation levels. The survey meter used shall be capable 
of detecting radiation levels of 0.05 millirem (0.5 microsievert) per hour. 
(v) Detection of leaking sources. 
(1) Each dry-source-storage sealed source shall be tested for leakage at 
intervals not to exceed six months using a leak test kit or method approved by 
the agency, the commission, an agreement state, or a licensing state. In the 
absence of a certificate from a transferor that a test has been made within the 
six months before the transfer, the sealed source may not be used until tested. 
The test shall be capable of detecting the presence of 0.005 microcurie (200 
becquerels) of radioactive material and shall be performed by a person approved 
by the agency, the commission, an agreement state, or a licensing state to 
perform the test. 
(2) For pool irradiators, sources may not be put into the pool unless the 
licensee tests the sources for leaks or has a certificate from a transferor that 
a leak test has been done within the six months before the transfer. Water from 
the pool shall be checked for contamination each day the irradiator operates. 
The check may be done either by using a radiation monitor on a pool water 
circulating system or by analysis of a sample of pool water. If a check for 
contamination is done by analysis of a sample of pool water, the results of the 
analysis shall be available within 24 hours. If the licensee uses a radiation 
monitor on a pool water circulating system, the detection of above normal 
radiation levels shall activate an alarm. The alarm set-point shall be set as 
low as practical, but high enough to avoid false alarms. The licensee may reset 
the alarm set-point to a higher level if necessary to operate the pool water 
purification system to clear up contamination in the pool if specifically 
provided for in written emergency procedures.
(3) If a leaking source is detected, the licensee shall arrange to remove the 
leaking source from service and have it decontaminated, repaired, or disposed of 
by an agency, commission, agreement state, or licensing state licensee who is 
authorized to perform these functions. The licensee shall promptly check its 
personnel, equipment, facilities, and irradiated product for radioactive 
contamination. No product may be shipped until the product has been checked and 
found free of contamination. If a product has been shipped that may have been 
inadvertently contaminated, the licensee shall arrange to locate and survey that 
product for contamination. If any personnel are found to be contaminated, 
decontamination shall be performed promptly. If contaminated equipment, 
facilities, or products are found, the licensee shall arrange to have them 
decontaminated or disposed of by an agency, commission, agreement state, or 
licensing state licensee who is authorized to perform these functions. If a pool 
is contaminated, the licensee shall arrange to clean the pool until the 
contamination levels do not exceed the appropriate concentration in Table 2, 
Column 2 of sec.289.202(ggg)(2) of this title. (See sec.289.202(xx) of this 
title for reporting requirements.)
(w) Inspection and maintenance. 
(1) The licensee shall perform inspection and maintenance checks that include, 
as a minimum, each of the following at the frequency specified in the license or 
license application: 
(A) operability of each aspect of the access control system required by 
subsection (h) of this section; 
(B) functioning of the source position indicator required by subsection (l)(2) 
of this section; 
(C) operability of the radiation monitor for radioactive contamination in pool 
water required by subsection (v)(2) of this section using a radiation check 
source, if applicable; 
(D) operability of the over-pool radiation monitor at underwater irradiators as 
required by subsection (k)(2) of this section; 
(E) operability of the product exit monitor required by subsection (k)(1) of 
this section; 
(F) operability of the emergency source return control required by subsection 
(l)(3) of this section; 
(G) leak-tightness of systems through which pool water circulates (visual 
inspection); 
(H) operability of the heat and smoke detectors and extinguisher system required 
by subsection (j) of this section (but without turning extinguishers on); 
(I) operability of the means of pool water replenishment required by subsection 
(m)(3) of this section; 
(J) operability of the indicators of high and low pool water levels required by 
subsection (m)(4) of this section; 
(K) operability of the intrusion alarm required by subsection (h)(8) of this 
section, if applicable; 
(L) functioning and wear of the system, mechanisms, and cables used to raise and 
lower sources; 
(M) condition of the barrier to prevent products from hitting the sources or 
source mechanism as required by subsection (n) of this section;
(N) amount of water added to the pool to determine if the pool is leaking; 
(O) electrical wiring on required safety systems for radiation damage; and 
(P) pool water conductivity measurements and analysis as required by subsection 
(x)(2) of this section. 
(2) Malfunctions and defects found during inspection and maintenance checks 
shall be repaired without undue delay. If repairs are required, the irradiator 
shall not be operated unless alternative methods are utilized to provide an 
equivalent level of safety until repairs are completed.
(x) Pool water purity. 
(1) Pool water purification system shall be run sufficiently to maintain the 
conductivity of the pool water below 20 microsiemens per centimeter under normal 
circumstances. If pool water conductivity rises above 20 microsiemens per 
centimeter, the licensee shall take prompt actions to lower the pool water 
conductivity and shall take corrective actions to prevent future recurrences.  
(2) The licensee shall measure the pool water conductivity frequently enough, 
but no less than weekly, to assure that the conductivity remains below 20 
microsiemens per centimeter. Conductivity meters shall be calibrated at least 
annually. 
(y) Attendance during operation. 
(1) Both an irradiator operator and at least one other individual, who is 
trained on how to respond and is prepared to promptly render or summon 
assistance if the access control alarm sounds, shall be present onsite whenever 
the: 
(A) irradiator is operated using an automatic product conveyor system; and 
(B) product is moved into or out of the radiation room when the irradiator is 
operated in a batch mode. 
(2) At a panoramic irradiator at which static irradiations (no movement of the 
product) are occurring, a person who has received the training on how to respond 
to alarms described in subsection (r)(7) of this section shall be onsite. 
(3) At an underwater irradiator, an irradiator operator shall be present at the 
facility whenever the product is moved into or out of the pool. Individuals who 
move the product into or out of the pool of an underwater irradiator need not be 
qualified as irradiator operators; however, they shall have received the 
training described in subsection (r)(6) and
(7) of this section. Static irradiations may be performed without a person 
present at the facility. 
(z) Entering and leaving the radiation room. 
(1) Upon first entering the radiation room of a panoramic irradiator after an 
irradiation, the irradiator operator shall use a survey meter to determine that 
the source has returned to its fully shielded position. The operator shall check 
the functioning of the survey meter with a radiation check source prior to 
entry. 
(2) Before exiting from and locking the door to the radiation room of a 
panoramic irradiator prior to a planned irradiation, the irradiator operator 
shall: 
(A) visually inspect the entire radiation room to verify that no one else is in 
it; and 
(B) activate a control in the radiation room that permits the sources to be 
moved from the shielded position only if the door to the radiation room is 
locked within a preset time after setting the control.
(3) During a power failure, the area around the pool of an underwater irradiator 
may not be entered without using an operable and calibrated radiation survey 
meter unless the over-the-pool monitor required by subsection (k)(2) of this 
section is operating with backup power. 
(aa) Irradiation of explosive or flammable materials. 
(1) Irradiation of explosive material is prohibited unless the licensee has 
received prior written authorization from the agency. Authorization will not be 
granted unless the licensee can demonstrate that detonation of the explosive 
would not rupture the sealed sources, injure personnel, damage safety systems, 
or cause radiation overexposures of personnel. 
(2) Irradiation of more than small quantities of flammable material (flash point 
below 140 degrees F) is prohibited in panoramic irradiators unless the licensee 
has received prior written authorization from the agency. Authorization will not 
be granted unless the licensee can demonstrate that a fire in the radiation room 
could be controlled without damage to sealed sources or safety systems and 
without radiation overexposures of personnel.
(bb) Records to be kept at the irradiator and retention periods.
(1) A copy of the license, license conditions, documents incorporated into a 
license by reference, and amendments thereto until superseded by new documents 
or until the agency terminates the license; 
(2) records of each individual's training, tests, and safety reviews provided to 
meet the requirements of subsection (r)(1) - (4), (6) and (7) of this section 
until three years after the individual terminates work; 
(3) records of the annual evaluations of the safety performance of irradiator 
operators required by subsection (r)(5) of this section for three years after 
the evaluation; 
(4) a copy of the current operating, safety, and emergency procedures required 
by subsection (s) of this section until superseded or the agency terminates the 
license. Records of the radiation safety officers review and approval of changes 
in procedures as required by subsection (s)(3)(C) of this section, retained for 
three years from the date of the change; 
(5) film badge and TLD results required by subsection (t) of this section until 
the agency terminates the license; 
(6) records of radiation surveys required by subsection (u) of this section for 
three years from the date of the survey; 
(7) records of radiation survey meter calibrations required by subsection (u) of 
this section and pool water conductivity meter calibrations required by 
subsection (x)(2) of this section until three years from the date of 
calibration; 
(8) records of the results of leak tests required by subsection (v)(1) of this 
section and the results of contamination checks required by subsection (v)(2) of 
this section for three years from the date of each test;
(9) records of inspection and maintenance checks required by subsection (w) of 
this section for three years; 
(10) records of major malfunctions, significant defects, operating difficulties 
or irregularities, and major operating problems that involve required radiation 
safety equipment for three years after repairs are completed; 
(11) records of the receipt, transfer and disposal, of all licensed sealed 
sources as required by sec.289.201(d) and sec.289.252(k) and (p) of this title; 
(12) records on the design checks required by subsection
(p) of this section and the construction control checks as required by 
subsection (q) of this section until the license is terminated. The records 
shall be signed and dated. The title or qualification of the person signing 
shall be included; and 
(13) records related to decommissioning of the irradiator as required by 
sec.289.252(u)(7) of this title. 
(cc) Reports. 
(1) In addition to the reporting requirements in other sections of this title, 
the licensee shall report the following events if not reported under other 
sections of this title: 
(A) source stuck in an unshielded position; 
(B) any fire or explosion in a radiation room; 
(C) damage to the source racks; 
(D) failure of the cable or drive mechanism used to move the source racks; 
(E) zinoperability of the access control system; 
(F) detection of radiation source by the product exit monitor;
(G) detection of radioactive contamination attributable to licensed radioactive 
material; 
(H) structural damage to the pool liner or walls; 
(I) abnormal water loss or leakage from the source storage pool; and 
(J) pool water conductivity exceeding 100 microsiemens per centimeter during 
normal operations. 
(2) The report shall include a telephone report within 24 hours as described in 
sec.289.252(r)(3)(A) of this title, and a written report within 30 days as 
described in sec.289.252(r)(3)(B) of this title.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on July 3, 1996.
TRD-9609596
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: August 1, 1996
Proposal publication date: February 16, 1996
For further information, please call: (512) 458-7236

TITLE 30. ENVIRONMENTAL QUALITY
PART I. Texas Natural Resource Conservation Commission 
CHAPTER 321.Control of Certain Activities By Rule
The Texas Natural Resource Conservation Commission (commission or agency) adopts 
new sec.sec.321.151-321.159, 321.211-321.220, 321.231-321.240, and 321.251-
321.259, relating to discharges to surface waters from ready-mixed concrete 
plants and/or concrete products plants or associated facilities, discharges to 
surface waters from motor vehicles cleaning facilities, discharges to surface 
waters from petroleum bulk stations and terminals, and the handling of wastes 
from commercial facilities engaged in livestock trailer cleaning. Sections 
321.151 - 321.157, 321.211 - 321.213, 321.215 - 321.217, 321.219, 321.231 - 
321.232, 321.234 - 321.237, 321.239, and 321.252 - 321.257 are adopted with 
changes to the proposed text as published in the January 5,
1996, issue of the Texas Register (21 TexReg 228). New sec.sec.321.158 - 
321.159, 321.214, 321.218, 321.220, 321.233, 321.238, 321.240, 321.51 and 
321.258 - 321.259 are adopted without changes and will not be republished. 
The purpose of the new sections is to streamline the current permitting process 
by controlling by rule certain activities, thereby eliminating the need for a 
commission permit for specific wastewater discharge and waste handling 
activities. The sections cover activities that are now subject to individual 
permits, but are categorized as posing a low risk of harm to human health and 
the environment, and represent a significant demand on agency resources if 
permitted individually. 
A public hearing on these rules was conducted on February 1, 1996. No oral 
testimony was provided at the hearing, in part due to inclement weather that 
day. Due to the inclement weather on the day of the public hearing, the original 
deadline for the submission of written comments was extended until March 1, 
1996. The extension of the deadline was published in the February 16, 1996, 
issue of the Texas Register (21 TexReg 1311). Written comments were provided by 
representatives of the following groups: Barton Springs/Edwards Aquifer 
Conservation District (the District); Texas Aggregates and Concrete Association 
(TACA); Exxon Company, U.S.A. (Exxon); Texas Automobile Dealers Association 
(TADA); Water Alliance, Inc. (Alliance); Texas Utilities Services, Inc. (TU); 
Citgo Petroleum Corporation (Citgo); Harris County Pollution Control Department 
(HCPCD); Diamond Shamrock Corporation (Diamond Shamrock); Texas Mid Continent 
Oil & Gas Association  (TMOGA); and Chevron U.S.A. Products Company (Chevron). 
All comments received by the public in writing on the proposed rules have been 
considered, and have been incorporated into the rules where appropriate. The 
District commented on proposed sec.sec.321.153, 321.213, 321.234, and 321.254 
(all relating to Certificate of Registration and Public Notice) requesting that 
public notification procedures be expanded to include notice to ground water 
districts, river authorities, or other water districts. The commission responds 
that it developed the proposed process as a way to give widespread notice in a 
fashion that is easy for the applicants. The agency will not be providing notice 
to the public on these matters; the applicant will. It believes it would be 
difficult for applicants to determine all the jurisdictions that could be 
affected by the proposed discharge, and the commission concludes that 
publication in a newspaper serves the purpose of notification to the districts 
and authorities. Additionally, a district or authority could develop 
coordination methods with county judges or mayors of cities if it desires to 
know of opportunities for public comment within those jurisdictions. TACA asked 
for clarification that notices required by sec.321.153 do not need to be 
published in a bilingual periodical. The commission responds that such 
publication is not required by this rule. TACA also posed a question relating to 
the same section of the rules, inquiring whether a person who did not submit 
public comments could file and be granted a motion for reconsideration. The 
commission responds that a person who files a motion for reconsideration need 
not be a commenter during the thirty day comment period set aside under the 
process. In response to this comment, however, sec.sec.321.153(b)(4) and (e), 
321.213(b)(4) and (e), 321.234(b)(4) and (c), and 321.254(b)(4) and (g) have 
been revised. This clarifies that the applicant and any commenters on the 
application will receive notice of the agency's decision on the applications. It 
is not likely that other parties would directly become aware of the action of 
the executive director and thus not be likely to file a motion for 
reconsideration. TACA also asked how long the agency would take in reviewing 
applications under this rule. The commission responds that the timing of 
approvals will depend on two main factors: 1) staff resources available, and 2) 
the number of applications received at a particular time. The agency goal is not 
to exceed 45 days, but the approvals could be granted in as short a time frame 
as one day. 
TACA and the District commented on proposed sec.321.154 requesting how a 
facility needs to treat wastewater and contact storm water to meet effluent 
discharge limitations. Additionally, TACA asked if the agency is encouraging 
acid treatment. The commission responds that the agency is flexible and will not 
prescribe a particular technology for treatment of these wastes. No requirements 
for agency review of treatment proposed at a facility is proposed. Some 
facilities may choose recycling practices to reduce the volume of discharges or 
implement practices to segregate uncontaminated storm water run-on and run-off 
to avoid the need to manage contact storm water. Oil and grease limitations can 
be met by implementing measures to keep excessive oil out of wastewater at the 
source. Further, to meet pH limitations, elementary neutralization of waste may 
be necessary, including the use of acidic solutions to meet the pH maximum 
limitation set in the rule. Total suspended solids (TSS) may be reduced through 
sedimentation either with or without the use of coagulants. 
TACA is concerned with the ability of existing facilities, not presently 
authorized by permits, to meet effluent limitations within the 90-day time 
frame. The commission agrees, and as mentioned above, the agency anticipates 
that the industry will need more time to determine treatment needs, if any, and 
then implement treatment at the facilities. The commission has revised 
sec.sec.321.152(b)(3) and 321.153(d) to allow up to 365 days for existing 
discharges to become registered and compliant with the rule. 
TACA commented on sec.321.154(d) of this same section inquiring whether reuse of 
concrete in road making or the return of concrete to a facility from a 
construction site constituted disposal and might be considered as a prohibited 
activity, since the proposed rule references the requirements of the Texas 
Health and Safety Code (THSC), Chapter 361. In response, the commission states 
that its general policy is to encourage the recycling of solid wastes. The THSC 
sec.361.003(34)(A)(ii) excludes from the definition of "solid waste" soil, dirt, 
rock, sand, or other natural or man-made materials used to fill land if the 
object of the fill is to make the land suitable for the construction of surface 
improvements. Clearly, construction of a road base constitutes filling. In 
addition, the commission regulations specify where certain recycling activities 
are exempt from the industrial solid waste regulations. The intent of subsection 
(d) is to ensure that improper disposal of solid waste does not occur when 
legitimate recycling is not the case. Should waste concrete become contaminated 
in a way that its placement into or on the ground could cause a threat to water 
in the state, disposal of that waste may be subject to the laws of this state 
and the existing rules of the commission. 
The District commented on sec.321.154(f), as well as sec.sec.321.215(f), 
321.235(f), and 321.256(c) (all relating to General Requirements), that 
noncompliance notification should be provided to parties other than the 
commission including potentially affected parties such as municipalities, 
groundwater districts, and river authorities. The commission responds that one 
primary intent of this regulation is to simplify the regulatory framework for 
particular classes of discharges where the nature of the operation poses a 
lesser degree of potential impact compared to other industrial discharges 
permitted individually. As such, the agency is opposed to making noncompliance 
notification more stringent than what is currently required of permittees in 
Texas. The commission notes that a district may review information submitted to 
the agency regional offices or to the Water Section of the Enforcement Division 
if it desires to monitor facilities which are within its area of jurisdiction. 
Since the commission is responsible for the enforcement of water quality 
standards, the agency has specific policies that lead to an enforcement response 
when noncompliances are significant. The commission would welcome a district or 
other local government to take advantage of the authority it may be granted 
under sec.26.175 of the Texas Water Code, wherein the entity could provide 
enforcement and inspection functions on behalf of the commission. 
TACA states that sec.321.154(j) could result in serious potential problems if a 
ready mix truck were prohibited from wash down of equipment, such as chutes, at 
a construction site. TACA mentions several drawbacks if ready mix trucks could 
not wash down equipment at a site not registered under these rules. It states 
that its industry policies are to avoid discharges which would be irresponsible, 
since this would be bad business or poor customer service. The commission agrees 
with TACA that the proposed rule was overly protective and that the agency has 
the ability to take enforcement action should it become aware of discharges at 
construction sites that cause unacceptable water pollution. Therefore, 
subsection (j) has been deleted 
HCPCD commented that proposed sec.sec.321.155, 321.216, and 321.236 (all 
relating to Specific Requirements for Discharge) be modified to state that all 
discharges from the facilities authorized by the various rules shall comply with 
sec.319.22 of this title (relating to Quality Levels-Inland Waters) and shall 
comply with sec.319.23 of this title (relating to Quality Levels-Tidal Waters). 
These sections specify concentration limitations for certain hazardous metals. 
The commission notes that sec.sec.319.22 and 319.23 apply to any permitted 
discharges in the state and that discharges from the type of facility being 
regulated under these rules are already subject to sec.sec.319.22 and 319.23, 
whether or not specifically stated in this rule. Therefore, the agency agrees 
with the comment, believes that this addition clarifies the regulations to which 
the discharger is subject. The commission has modified the three sections of the 
rules as the commenter requested. However, the addition to the rules should not 
be interpreted to mean that the agency believes these pollutants to be present 
in the discharges from these sources, and this addition does require a facility 
authorized under this rule to either monitor or report measurements to show 
compliance with either sec.319.22 or sec.319.23. 
The District also commented on sec.sec.321.155, 321.216, 321.236 and on 
Subchapter N in general. The District believes the agency should apply 
performance standards to the treatment facilities, since sampling verification 
is extremely limited. The District also asserts that sampling only for pH and 
making a visual inspection of the discharge is an inadequate set of controls. 
The commission disagrees with the comments and notes that parameters for 
periodic sampling and monitoring were contained in the figures published on 
pages 214 through 216 in the Texas Register on January 5, 1996. The agency 
responds that these parameters are adequate performance standards for discharges 
of this nature. In addition, there are no effluent limitations or treatment 
requirements specified for wastes from livestock trailer cleaning, as these 
wastes are not allowed to be discharged into waters in the state. Such wastes 
must be disposed of by land irrigation or storage pond evaporation, similar to 
agency requirements for waste from feedlots.  
TACA objected to the effluent limitations for pH and for TSS as specified in 
sec.321.155. TACA requests that the pH maximum be increased from 9.0 to 9.5, 
noting that the drinking water of Austin is 9.5. TACA suggests the TSS maximum 
limit of 65 mg/l be raised to 100 mg/l citing that this level is acceptable 
under the National Pollutant Discharge Elimination System (NPDES) storm water 
program and that if 100 mg/l is achieved under that program for four years, TSS 
monitoring is no longer required. 
The agency responds that both state and federal wastewater permits are 
consistently issued with a maximum pH of 9.0 across the state. A permit with 
higher pH maximum can be issued under both programs if an applicant can justify 
that it would not interfere with water quality. This limitation of 9.0 is 
technologically feasible. The City of Austin in its wastewater discharge permits 
has pH limitations of 9.0, even though its drinking water may be alkaline. 
Federal effluent limitations found in 40 CFR sec.411.32, relating to cement 
manufacturing and runoff from cement storage piles includes a pH maximum of 9.0, 
which has been determined by the United States Environmental Protection Agency 
(EPA) as achievable. The agency further points out that there may be situations 
where an operation may wish to deviate from the requirements of the rule. In 
such cases, the operation can request a site-specific permit for its discharge. 
The commission disagrees that TSS limitations for contact storm water and 
facility wastewater should be raised to 100 mg/l. TACA cites the NPDES storm 
water program as a rationale for relaxing the proposed limit. The agency is not 
attempting to authorize storm water discharges, except contact storm water, from 
these facilities which are adequately controlled under the NPDES program. The 
agency has determined that it is not appropriate to compare storm water effluent 
limitations to those set for facility wastewater. Technology Control to TSS from 
storm water runoff is different from what can be controlled from a particular 
process at a particular point source. Cement storage pile run-off more closely 
represents the type of wastewater being authorized under these rules (ready-mix 
concrete and concrete products). In 40 CFR sec.411.32, EPA has promulgated an 
effluent limitation for TSS as "not to exceed 50 mg/l" for cement storage pile 
run-off. This limitation was based upon a finding that this is the best 
practicable control technology currently available for  this type of contact 
storm water.  
TACA objected to sec.321.156(b) of this title (relating to Sampling, Reporting, 
and Recordkeeping) and the sampling and monitoring frequency of once per month, 
favoring instead once per year. The commission has studied this issue. To 
provide some sampling relief from sampling costs to a facility, the proposal did 
not include sampling and monitoring for chemical oxygen demand  and total 
organic carbon. Annual testing does not lend statistical confidence  to 
demonstrate compliance with the effluent limitations, monthly testing will  
remain in the rule. The agency clarifies that facilities with intermittent  
discharges need not sample in months when there is no discharge. It is also 
noted that the agency is not mandating all ready-mixed concrete, concrete 
products, and associated facilities to register under these rules. A facility 
may choose other alternatives to waste management which do not result in a 
discharge to waters in the state, thereby avoiding a need to meet  these rules. 
Options include wastewater recycling, discharge to a publicly owned treatment 
works (POTW), segregating storm water from contact with pollutants, and source 
reduction with periodic shipment of waste to an authorized disposal facility. As 
mentioned above in this response to comments, the commission is offering 
additional time to allow for compliance with the rule.  
TACA inquired whether actual samples needed to be retained, or if results of 
sampling would suffice under the recordkeeping requirements of proposed 
sec.321.156. The agency responds that the actual sample need not be retained. 
There should be adequate records which describe how subsections (a) through (c) 
were met. Additional information that is pertinent to sampling and analysis is 
described in sec.319.11 of this title (relating to Sampling and Laboratory 
Testing Methods), as referenced in subsection (a).  
The Alliance provided general comments on Subchapter L, sec.sec.321.1211-
321.220, which focused on their belief that runoff from vehicle cleaning 
operations need to be requlated. The commenter suggests that high levels of 
contaminants have been found in vehicle cleaning runoff, including detergents, 
floatable debris, turbidity, solids, various toxic metals and organics, visible 
oils and grease, and emulsified oils and grease. The commenter asserts that 
there are cases of severe surface water and groundwater contamination where a 
small source of vehicle cleaning waste accumulated over time to cause a problem. 
The commenter provided soil sample results from a typical equipment pressure 
cleaning facility to illustrate that many pollutants are present in this type  
of waste which are not controlled by specific effluent limits in the proposed  
rule. The commenter believes that separation technologies are an inadequate  
treatment for this type of wastewater and that such treatment does not meet  
best available technology (BAT) standards of EPA. Finally, as a general comment,  
the Alliance suggests that the agency needs to regulate non-point source 
discharges  from heavy equipment and fleet businesses which have cleaning 
operations under  this rule.  
The commission responds that the proposed rule is attempting to authorize 
discharge of facility wastewater from point sources. While acknowledging the  
national concern over non-point sources of pollution, control of such pollution  
is outside the scope of this rulemaking. In setting effluent limitations, the 
agency is specifying indicator parameters in the rule which, if met, will  
assure that high concentrations of specific pollutants will not be present in 
the discharge. It is difficult to interpret the applicability of soil sample  
results presented by the commenter to wastewater being discharged into a stream.  
Nor can the agency determine what type of equipment was being pressure washed  
which resulted in soil samples showing elevated levels of several pollutants.  
In the proposed rule, the commission narrowed the applicability of the rule  to 
exclude certain vehicle categories, as specified in sec.321.212(a)(4) and (5). 
The primary reason was to regulate pollutants from those excluded sources with 
controls or limitations set in a specific permit application. The agency 
recognizes the need to have assurances that discharges will not adversely affect 
water quality. The commission proposes the addition of a requirement for 
monitoring and reporting of chemical oxygen demand (COD) which  also specifies 
these discharges are subject to certain hazardous metal limitations.  In 
addition, the agency intends to consider approaches to authorize vehicle  
cleaning operations while narrowing the rule's applicability in the interim  
period.  
In response to the other general comments, the agency agrees that BAT is 
required for non-domestic point source discharges, such as those from vehicle 
cleaning operations. The commission is not aware of an EPA regulation or 
guideline  that prescribes a particular technology or set of effluent 
limitations for  vehicle cleaning operations. In developing this rule, the 
commission has developed  effluent limitations which represent the agency's best 
professional judgement  of limits that are both achievable and protective of 
water quality. TU provided a general comment on Subchapter L indicating that it 
was the understanding of the company that authorization under this rule was 
optional when a facility already had a discharge permit which in part allows 
discharge from vehicle cleaning operations. The commission concurs that 
registration under the above described conditions is optional. Where a facility 
has a permit  that controls the discharge of a variety of wastestreams, such as 
at a steam  electric station, it may be easier to maintain one permit to control 
these  discharges rather than authorizing some discharges by permit and other 
discharges  by registration under this rule.  
TADA is concerned that proposed sec.321.211 could require registration of 
entities not principally engaged in the business of motor vehicle cleaning. TADA 
further suggests that since franchised dealerships do not make cleaning 
facilities available to the public, the rule does not apply to such activities. 
TADA is making a differentiation between Standard Industry Classification (SIC) 
Code 7542 (car washes) identified in the rule and SIC Code 5511 (new and used 
car dealerships). TADA further suggests that dealerships are excluded from the 
rule since sec.321.211(a)(2) includes various fleet cleaning facilities while 
TADA believes dealerships have "inventory" not "fleets".  
The commission responds that this rule is to streamline authorizations for 
discharges of wastewater from point sources. If the agency were to follow this 
narrow interpretation, auto dealerships would need to immediately apply for 
individual permits to discharge wastewater from vehicle cleaning operations. 
Exclusion from this rule would necessitate a more complicated permitting process  
which the agency believes is undesirable to dealerships. As a result, 
sec.321.212(a)(2)  has been modified to delete the word "fleet" and replace it 
with the words  "motor vehicle".  
TADA also requested clarification that Subchapter L would not apply to TADA 
members if the flow of wastewater from vehicle cleaning operations is conveyed 
to a sump, septic system, or POTW. The agency has clarified that these 
dealerships are not subject to permit or registration requirements if  vehicle 
washing operations discharge to a POTW, where the monthly average discharge flow 
is less than 5000 gallons per day when the dealership is outside of a POTW 
service area, or if only non-point source discharges occur such as where 
cleaning occurs in a parking lot and not in a cleaning facility. The commission 
cannot determine if discharge to a sump would exempt a TADA member from 
permitting or registration requirements. It would depend on the fate of the 
wastewater after storage in the sump. Discharge of wastewater to a septic system 
is not covered under this rule. Therefore, existing permit requirements for non-
domestic wastewater would apply without any change as a result of this rule. The 
commission may consider an authorization by rule for such systems as an addition 
to future rulemaking relating to these type of discharges.  
The District and the Alliance commented on sec.321.212 which would allow car 
washes discharging less than 5,000 gallons per day to be exempt from 
registration.  The District suggested that a 1995 report entitled Water Quality 
and Quantity Impacts of Highway Construction and Operation: Summary and 
Conclusions could provide the agency with adequate justification for requiring a 
minimal amount of treatment of wastewater from the small volume  car washes. The 
Alliance believes the 5,000 gallon applicability limit was  a random decision by 
the agency and that low volume also means higher concentrations  of pollutants 
since many car washes recycle wastewater. The Alliance believes  that many 
discharges will avoid regulation under the rule, since most vehicle  cleaning 
operations, with commercial cleaning equipment, cannot produce more  than 3,000 
gallons per day on a heavy use basis.  
The commission responds that it will retain the proposed limitation of 5,000 
gallons per day. However, the agency is concerned that the exclusion could cause 
many operations currently recycling wastewater or discharging wastewater to a 
POTW to instead choose to discharge to surface waters. The rules are not 
intended to encourage new point sources of discharge. Therefore, sec.321.212 has 
been modified to exclude any motor vehicle cleaning facility located within the 
service area of a POTW. Such an operation will need to either obtain an 
individual permit from the agency, ensure facility wastewater is discharged to a 
POTW, or completely recycle the wastewater it generates. The Alliance commented 
on proposed sec.321.213(d) that 90 days for submittal of a notification to 
register an existing discharge is too short since it would be difficult to 
convey the message of a new rule throughout the state. Additionally, the 
Alliance is concerned with the lack of public notice that would occur under the 
circumstance of an existing facility registering within the first 90 days. In 
response, the commission is modifying this subsection as well as sec.321.213(a) 
to allow up to 365 days for existing discharges to become registered. The agency 
believes it needs to encourage compliance with the rule and agrees with the 
commenter that compliance will not be achieved if adequate time is not afforded 
to those we regulate to receive knowledge of the rulemaking. The commission 
disagrees that public notice of existing discharges needs to occur. As discussed 
above, existing discharges within the service area of a POTW will not be allowed 
to register under the rule. Establishing controls on these discharges by rule 
will have the effect of implementing new and stricter requirements on discharges 
which are presently unauthorized. Public concern over existing unauthorized 
discharges would likely  have already been received by the agency. It is fair to 
assume that if public  concerns over certain unauthorized discharges have not 
been raised, there  would not be concern by the public over establishing clearer 
and more strict  requirements. Additionally, by making the authorizations 
easier, the commission  believes it will receive a more complete response from 
persons required to  register under the rule. Any new facility which came into 
existence after  January 5, 1996, will need to comply with the public notice 
requirements. The Alliance commented on sec.321.216, urging the agency to 
regulate all parameters of pollutants such as those specified in the Alliance's 
general comments. The agency responds that it does not believe there would be a 
significant water quality gain in adding a substantial number of parameters to 
the rule. However, the commission has added COD to the list of constituents that 
will be monitored and reported by registrants under sec.321.216 of this title 
(relating to Specific Requirements for Discharge). This data is needed to 
characterize and control the discharge of detergents, various soaps, engine 
cleaners, degreasers, tire cleaners, and wax utilized at the facilities. In  
choosing to add the effluent testing, the commission notes that the cost of  
this test is low, while providing the agency information on the degree of  
oxygen demanding waste that will be discharged into surface waters.
The commission also believes many of the concerns of the commentor are satisfied 
by the adoption of this rule with a prohibition on discharges in POTW service 
areas. In making the decision not to increase monitoring parameters, the agency 
notes that it would be a substantial cost burden for small businesses to monitor 
all known pollutants possibly present in the discharges. This type  of financial 
burden is not typically placed on vehicle cleaning facilities which have 
obtained individual permits from the agency.  
However, the commission remains concerned with that portion of the vehicle 
cleaning facilities which are self-service or coin-operated and agrees with the 
commenters that it may be difficult for these type of operations to sufficiently 
monitor waste discharges. Other wastes not associated with vehicle washing or 
wastewater for vehicle washing often get discharged at car washes. For instance, 
pollutant sources such as transmission fluids, oil, and radiator fluids may be 
dumped when there is little chance of being caught at an unmanned vehicle 
cleaning facility. As such, the commission has revised this rule to  exclude 
self-service or coin-operated facilities from obtaining a registration to 
discharge waste under this subchapter. The agency has determined that it  should 
also consider additional rulemaking related to these type discharges; however, 
more information is needed before determining how best to regulate self-service 
or coin-operated facilities, mobile vehicle cleaning operations, cleaning of 
vehicles which may occur in parking lots, and further consideration of the 5000 
gallons per day exemption. To clarify that these discharges are not subject to 
any requirements under this rule, the commission has revised sec.321.212(a)(1)  
and added subsection (e) to exclude mobile vehicle cleaning operations and  
vehicle cleaning which may occur in parking lots. A rulemaking team which  
includes interested parties who operate vehicle cleaning businesses, 
municipalities  over 100,000 population and subject to NPDES storm water 
permits, and others  concerned with the nature of pollutants found in these 
types of discharges  will be formed to address these discharges. The agency 
believes it is progressive  step to move forward now to adopt a modified 
Subchapter L as a way to streamline  the authorization process that will likely 
benefit most entities immediately.   
The Alliance commented on sec.321.219 of this title (relating to Enforcement and 
Revocation) suggesting that the agency needs to be able to require operations 
smaller than 5000 gallons per day to be subject to registration and compliance 
with the standards under the rule. The commission responds that 
sec.sec.321.212(a) and 321.219 have been modified to allow the executive 
director to make a finding  that either a registration or permit is required 
under certain circumstances. The Alliance also commented that it is not clear 
where a registrant would collect a sample under the subchapter. The commenter 
believes a registrant will misinterpret where waters in the state begin and 
where the point source discharge commences. The commission responds that the 
rule does not apply to non-point sources of runoff. The rule applies to 
wastewater generated at  motor vehicle cleaning facilities and would not include 
discharges from the  cleaning of a motor vehicle that did not occur at a defined 
washing facility, for instance a vehicle washed in a parking lot at an 
automobile dealership. This would include a discharge at the point following 
treatment where an effluent  is discharged from the wastewater treatment plant. 
This discharge point would  be prior to discharge into waters in the state. The 
agency believes proposed  sec.321.211 adequately specifies the definitions of 
facility wastewater, motor vehicle cleaning facilities, and point source 
discharge.  
Citgo submitted a general comment on Subchapter M, sec.321.231-321.240, stating 
it supports the rule as proposed, believing it is a cost-effective approach to 
permitting that will reduce government and industry costs. TMOGA; Exxon; Diamond 
Shamrock; and Chevron each submitted general comments suggesting that sec.281.21 
of this title (relating to Draft Permit, Technical Summary, Fact Sheet, and 
Compliance Summary) has not been met by the commission since they were not aware 
of the agency preparing a fact sheet which would describe the basis for our 
rulemaking and effluent limitations. The commission disagrees that this 
regulation applies because the agency is not issuing a  TPDES permit nor a 
permit at all. The commission is proposing regulations through established 
agency and state procedures. Nonetheless, the agency does  not object to 
describing the rationale used to develop effluent limitations in Subchapter M, 
as presented in the following paragraphs.  
The commission has proposed Subchapter M to regulate by rule the surface 
discharge of facility wastewater and contact storm water from petroleum bulk 
stations and terminals. It is possible to regulate these discharges by rule 
because pollutants in these wastewaters are well-characterized. The agency 
already regulates discharges of certain petroleum-fuel contaminated wastewaters 
under Chapter 321, Subchapter H, and the effluent limitations and monitoring 
frequencies for Subchapter M parallel those of Subchapter H to a great extent. 
Monitoring requirements for benzene, toluene, ethyl benzene and xylene (BTEX) 
are included in the rule. These parameters are regulated because they are common 
constituents of gasoline, other petroleum-based fuels, and refined petroleum 
products. They are more soluble in water than other constituents, and are 
expected to be present in water which has come in contact with refined petroleum 
products.  
The effluent limitation for BTEX, 0.5 mg/l, is established to assure effective 
treatment of petroleum contaminated wastewaters. One of the more common 
technologies used for treatment of these wastewaters is air stripping. Benzene, 
toluene, ethylbenzene and xylene are relatively less volatile and thus less 
easily removed by air stripping than other constituents. The limitation is based 
on the assumption of 95-99% removal of BTEX at typical influent levels. When 
BTEX is discharged at or below the level specified in the rule, it is highly 
probable that more volatile constituents are also effectively treated.  
A separate limitation, 0.05 mg/l, is established for benzene. This is based on 
several factors. Certain constituents of petroleum products are relatively 
insoluble in water, but are soluble in benzene. If benzene is removed to the  
specified level, it is probable that benzene-soluble constituents are also  
removed. Although discharges from point sources permitted by the agency are  
exempt from the definition of a hazardous waste, the limitation which is being  
adopted also prevents the discharge of wastewater of a quality that would  
otherwise be equivalent in quality to a characteristically hazardous waste.  Of 
the four constituents, benzene, toluene, ethylbenzene, and xylene; only  benzene 
has criteria established in Chapter 307 of this title (relating to  Texas 
Surface Water Quality Standards (TSWQS)). The limitation for benzene is 
consistent with the implementation of the TSWQS and protective of water quality 
under typical discharge conditions.  
Additional limitations are established for total petroleum hydrocarbons (TPH), 
lead, and pH. Analysis for TPH provides an assessment of low-end hydrocarbon 
extractables and volatile compounds which are expected to be present in 
petroleum contaminated waters. The limitation, 15 mg/l, is readily achievable 
with existing  technology and is a typical permit requirement for this type of 
facility.  TPH analysis is preferred to oil and grease analysis, as the low-end 
hydrocarbon  extractable and volatile compounds are expelled during oil and 
grease analysis  and are not quantified due to the nature of the laboratory 
procedure. Effluent  monitoring and limitations are required for lead only if 
petroleum products  containing lead are stored on-site. Lead is regulated in the 
TSWQS and the  limit in this rule, 0.25 mg/l, is protective for acute aquatic 
toxicity. pH  is regulated at levels typical for water quality permits, 6-9 
standard units.  Monitoring frequencies for all parameters are typical of 
requirements within  water quality permits for similar facilities.  
Persons interested in the further information contained in this rationale are 
referred to the several sources. The commission promulgated regulations entitled 
30 TAC Chapter 321, Subchapter H   (relating to Discharge to Surface Waters from 
Treatment of Petroleum Substance  Contaminated Water) and also promulgated 30 
TAC Chapter 307 (relating to Texas  Surface Water Quality Standards). The agency 
has published Implementation  of Texas Natural Resource Conservation Commission 
Standards Via Permitting,  August 23, 1995 (referred to as agency Publication 
No. RG-194). The EPA published  "Model NPDES Permit for Discharges Resulting 
from the Cleanup of Gasoline  Released from Underground Storage Tanks" in June, 
1985.  
TMOGA, Diamond Shamrock, and Exxon also commented that the proposed rule 
requires major capital investments and time was needed for budgeting, designing, 
and installing wastewater treatment systems. TMOGA, Diamond Shamrock, and Exxon 
stated that the petroleum bulk stations and terminals (PBSTs) operate 24 hours 
per day but are manned by only a few people. The facilities discharge 
intermittently and of a small volume, and that, unlike several types of 
industry, the PBSTs do not have constant discharge processes.  
The agency responds that PBSTs under current requirements must be authorized to 
discharge by both the EPA and the commission. Such requirements result from the 
Clean Water Act and Chapter 26 of the Texas Water Code, regardless of whether 
discharges are small or intermittent. The rule being proposed would  allow an 
alternative to state authorization by an individual permit. New facilities  
would be expected to design and budget to meet effluent limitations just as  
must be done for a permit. The commission rules allow compliance with a water  
quality standard over a period of time, up to three years in length, as 
specified  in sec.307.2(f) of this title (relating to Description of Standards). 
However,  this allowance is only granted during the processing of a permit 
renewal or  amendment of a permit when new or more stringent water quality 
standards must  be met by a permittee. The commission does not support 
promulgating a statewide  rule that would allow discharges of waste that do not 
meet the quality commensurate  with achievable technology and that could pose 
adverse impacts on water quality  over a three-year period of time. The agency 
acknowledges that today there  may be un-regulated discharges of wastewater 
occurring from PBSTs in Texas,  in part due to the industry's anticipation of 
this rule; however, it would  be unfair to facilities which already have permits 
to grant a three-year variance  from effluent limitations to those entities 
which would seek authorization  under this rule. These existing unregulated 
facilities have many options for  avoiding noncompliance with this rule. Where 
discharges are intermittent or  small, a management option could be to avoid 
discharges completely. Some PBSTs  could discharge to POTWs thus being exempt 
from the rule. Neighboring PBST  facilities could pool costs and organize one 
treatment system for multiple  stations or terminals. The agency is also aware 
that most of the PBST facilities  have intermittent discharges which may be 
manageable by mobile treatment units  that can be used by several facilities 
operated by the same company. PBST  facilities could reduce treatment needs or 
possibly eliminate the need for  treatment of wastewater through effective 
source controls, including spill  prevention practices, establishment of best 
management practices to segregate  storm water flows or runoff from areas of a 
PBST facility where wastewater  is handled. Where a PBST facility shows good 
faith in efforts to comply with  this rule, but fails to meet the requirements 
of the rule immediately, the  agency has enforcement discretion to consider the 
particular facts relative  to the compliance problems.  
A primary option is treatment of waste. The treatment technology on which the 
rule is based is practical, available, and provides a cost-effective option  at 
achieving compliance. The commission disagrees that PBSTs would need three  
years to implement such systems, and believes such systems could be installed  
now in a matter of months culminating in registration after the effective  date 
of this rule. However, the commission is receptive to the arguments of  the 
commenters that capital expenditures, engineering, construction, and start-up  
of wastewater treatment that would meet the limitations of this rule cannot  
practically occur in a short period of time such as 90 days. TMOGA has indicated  
that many PBSTs have not budgeted the necessary capital needed to comply with  
the proposed rule. The agency acknowledges that requiring existing facilities  
to register within 90 days of the effective date of the rule may be too tight  
of a time frame to place on the PBSTs. The commission has modified 
sec.321.234(d)  and (e) to allow up to 365 days for existing facilities to 
register under  this rule. At time of issuance of a certificate of registration, 
the agency  will expect compliance with the effluent limitations in the rule.  
In general comments, TMOGA and Diamond Shamrock described the effluent 
limitations in the rule as very stringent. Compliance costs are described as 
requiring additional manpower with significant sampling costs. Exxon 
characterized sampling and monitoring requirements as unnecessary with 
significant operating costs. As these comments are repeated in specific comments 
on the rule, the commission's response will follow later in this preamble.  
TMOGA and Diamond Shamrock indicated the rules exceed federal requirements and 
requested that the rule be modified to reflect federal requirements for 
discharge from bulk fuel terminals. It is the agency's understanding that EPA 
Region 6 established a general permit for PBSTs effective July 12, 1984. 
Although the rule expired after five years, the authorization was 
administratively continued, and still applies today. However, this rule is out-
of-date relative to present day technology and management practices. The general 
permit authorizes discharges of process wastewater (including equipment cleaning 
and vehicle maintenance sources) and storm water. Alternatively, PBSTs with 
vehicle maintenance or equipment cleaning activities must meet EPA storm water 
permitting requirements. The commission believes the lack of a more stringent 
federal general permit has little to do with state stringency and more to do 
with resource constraints and similar factors that have prevented EPA Region 6 
attention to updating its general permit.  
TMOGA, Exxon, and Diamond Shamrock commented on proposed sec.321.231 and 
suggested that the definition of "contact stormwater" be modified to include  
stormwater which comes into contact with petroleum fuels. The commission agrees  
and has modified the definition. The same commenters suggested that the 
definition  of "facility wastewater" be modified to be more inclusive of all 
wastewater  at PBSTs. The agency agrees and has deleted the word "condensed" and 
made  other minor changes to the definition that are in agreement with the 
comments.  The same commenters suggested the definition of "treated facility 
wastewater"  be modified to show that treatment must meet the effluent 
limitations of this  chapter rather than compliance with Chapter 307 of this 
title (relating to  Texas Surface Water Quality Standards). The commission 
agrees and has modified  the definition in a manner similar to what was 
requested. In modifying the  definition, the agency notes that it may still deny 
a registration due to  special consideration of water quality, as described in 
proposed sec.321.235(h). TMOGA, Exxon, and Diamond Shamrock suggested that the 
applicability of the rule be changed to clarify in proposed sec.321.232(a) that 
facility wastewater is allowed to be discharged without treatment so long as it 
achieves the effluent limitations of the rule. The agency agrees and has 
modified sec.321.232(a)  to reflect this change.  
TMOGA, Diamond Shamrock, and Exxon have suggested that an advance copy of the 
registration form be submitted for industry review. The agency responds that the 
content of the registration form is not considered a part of this rule; however, 
the agency has no objection to sharing this form with industry representatives, 
and has provided copies for review and will incorporate the  comments we have 
received.  
TMOGA, Diamond Shamrock, Chevron, and Exxon suggested that proposed sec.321.234 
be revised to include a three-year period of compliance to allow time for 
budgeting, designing, and installation of wastewater treatment systems. The 
commenters specified that typical expenditures could be on the order of $200,00 
to $500,000 per site. The commenters state they believe air permits would also 
be necessary, presumably for wastewater treatment equipment that may have 
emissions.  
The commission addressed this comment in the response to general comments. 
Additionally, the agency responds that Standard Exemption No. 61 or standard 
permits would apply in many situations addressing air permitting requirements 
for air stripping. If a site-specific air permit were required, the normal 
agency turn around time is less than 180 days to get an air permit. The proposed 
365-day existing facility registration deadline should be sufficient time to 
allow for this contingency.  
TMOGA, Diamond Shamrock, and Exxon suggested that the notice procedures in 
proposed sec.321.234 are not preferred over the notice procedures proposed by 
the commission in the Texas Register on August 19, 1994, in an earlier version 
of the rule which was withdrawn from consideration. The commenters suggest the 
earlier process would be less expensive since it relied upon agency  publication 
of notice in the Texas Register instead of the proposed procedure  where the 
applicant is responsible for local newspaper notice.
The commenters  also contend that public notice of these rules is sufficient 
notice and that  notice of each site's registration is not necessary. Chevron 
commented in  a similar manner, although there was no suggestion that the agency 
revert  to the commission's August 19, 1994 proposal relating to notice. The 
agency responds that discussions on this issue, with representatives of TMOGA, 
Diamond Shamrock, and Exxon in a meeting in 1995, which resulted in 
modifications to the draft rule that eliminated any notice for those entities 
that were in existence on January 5, 1996, as specified in proposed 
sec.321.234(d). In response to these comments and other comments on the proposed 
Subchapter L rules, the commission stated earlier in this response to comments 
that the  period for existing facility registration has been revised from 90 
days after  the effective date of the rule to 365 days after the effective date 
of the  rule. Therefore, no notice costs to the existing facilities will result 
if  registration occurs within 365 days after the effective date of the rule. 
The commission also responds that it concurs with the commenters that the agency 
is not required under the Texas Water Code, sec.26.040 to provide public notice 
of the new facilities registering under this rule. The agency acknowledges these 
requirements are more strict than federal requirements for authorizations under 
general permits. Nonetheless, the commission has elected to provide for public 
participation in a manner that is as simple as possible. The commission finds 
that this notice process will be cost-effective compared to notice of individual 
permits which entails two mailed notices, one newspaper notice provided at the 
applicant's cost, and the opportunity for contested case hearings with 
associated costs.  
TMOGA, Diamond Shamrock, and Exxon suggested a change to state in proposed 
sec.321.235(a) that facility wastewater may be discharged as well as treated 
facility wastewater. As a result, the commission has modified the subsection in 
a manner which corresponds to the suggestion.  
TMOGA, Diamond Shamrock, and Exxon suggested a change to proposed sec.321.235(b) 
that treatment is not required unless necessary to meet the effluent limitations 
of this rule. The commission agrees with the suggestion and has modified the  
rule at sec.321.235 and also at sec.321.154(a).  
TMOGA, Diamond Shamrock, Chevron, and Exxon suggested that the agency delete the 
requirement for total petroleum hydrocarbon (TPH) monitoring because the  test 
is only good for screening but not for characterization of wastewater. The 
commenters suggest BTEX and benzene monitoring is sufficient characterization. 
TMOGA, Diamond Shamrock, and Exxon also suggested that the agency not require 
testing for lead since this element is not present in most petroleum fuels. 
Additionally, Chevron suggested that as an alternative to TPH, the PBSTs monitor  
Oil and Grease as a parameter.
The rationale for utilization of TPH and not Oil and Grease is described in the 
commission response to general comments. Also, the agency would expect TPH to 
quantify semi-volatile hydrocarbons present in wastewater, which would not be 
quantified in a BTEX or benzene test which is a measure of key volatile organic 
compounds. At this time, the agency specifies TPH monitoring in individual 
permits issued by the agency using this same rationale. The commission believes 
this practice is important to ensure that negative water quality impacts from  
these hydrocarbon compounds do not occur as a result of this rule. In response  
to the comments relating to lead, the agency points out that proposed 
sec.321.236(c)  suspends the necessity of lead monitoring when it is not 
contained in products  handled at particular PBSTs. The commission modifications 
to sec.321.235(b),  as described earlier in this response to comments also 
clarifies the agency  position.  
TMOGA and Exxon asked for clarification on the meaning of proposed 
sec.321.235(e). The commission responds that all discharges to surface water are 
required by law to meet water quality standards, including the requirement that 
discharges must not be acutely toxic to aquatic life. A statewide rule need not 
impose whole effluent toxicity (WET) testing on PBSTs when the agency can 
identify particular chemical parameters which when controlled with effluent 
limitations will largely eliminate the need for WET testing. The executive 
director may impose additional requirements on a specific PBST discharge per 
sec.321.235(h) should the agency find that the requirements for monitoring in 
accordance with sec.321.236 are inadequate.  
TMOGA, Diamond Shamrock, Chevron, and Exxon suggested that proposed 
sec.321.235(f) be modified to allow notification in 48 hours instead of the 
proposed 24 hours  when a PBST has discharged pollutants that may endanger human 
health, safety,  or the environment. The commission disagrees, as causing 
endangerment is a  serious noncompliance needing more immediate response from a 
responsible party.  This protocol is consistent with commission requirements in 
permits and consistent  with the Texas Water Code, sec.26.039(b). TMOGA and 
Diamond Shamrock ask  for clarification on what the agency would characterize as 
endangerment. The  commission responds that it has not defined the term in its 
regulations, but  can offer examples that may qualify as endangerment. For 
instance, endangerment could include a disaster; a discharge which threatens a 
water supply source, or causes potential or actual damage to a natural resource 
such as a fish kill; or a noncompliance which in the judgement of the discharger 
would alarm the general public. The agency believes these notifications are 
sometimes value judgements made by dischargers after review of the requirement 
in the rule and then implemented by company procedures aimed at guiding company 
employees.  The commission believes many PBSTs can easily implement this rule, 
since the  endangerment language in the referenced statute has been implemented 
for years  as part of agency spill contingency guidance.  
The same commenters suggested that noncompliances which do not endanger human 
health, safety, or the environment be allowed to be submitted in writing within 
ten days, instead of the proposed five days. The commission disagrees since the 
requirement would be inconsistent with other response times specified in permits 
regulating waste discharges. The agency also disagrees with the comment that 
this would better enable unmanned facilities to meet the rule requirements and 
notes that proposed sec.321.235(f) specifies such information must be reported 
only after becoming aware of the noncompliance. If a noncompliance was not 
initially discovered due to personnel not being present, the registrant is not 
subject to this requirement until the point in time the noncompliance was 
actually discovered. The commission believes the requirement of five days  to be 
reasonable.  
The same commenters suggested that noncompliance notification for effluent 
violations be established when the discharge exceeds 80% of the limitation, 
instead of the proposed 40% exceedance. The commenters suggest this is excessive 
paperwork for PBST dischargers to submit and for the agency to review. The 
commenters also specify that this requirement is not present in other 
authorizations by rule, so why in this rule? The commission disagrees with the 
commenters. The Enforcement Division of the agency is responsible for evaluating 
significant noncompliances and when such violations are discovered, the Texas 
Water Code, sec.5.117 mandates a formal enforcement response. It is the long-
established policy of the agency to judge significant noncompliances as those 
exceeding 40%. Therefore, the commission has determined it should not set up a 
deviation for PBST discharge violations inconsistent with its enforcement 
program. The  agency believes the way to reduce this paperwork burden is not by 
eliminating the reporting requirement, but to instead achieve compliance with 
the rule's effluent limitations. The commission also responds that the 
noncompliance notification requirements proposed are the same as those in the 
other three subchapters which are part of this rule. Further, the requirement is 
consistent with that specified in all waste discharge permits issued pursuant to 
Chapter 26 of the Texas Water Code. The specific requirement is not found in 
other authorizations by rule issued by this agency in the past. The commission 
believes  this inconsistency should be remedied not by eliminating the 
requirement from  sec.321.236,  but by updating the older rules. Consistency 
results in lessening the burden  on all regulated persons as well as greatly 
assisting the agency enforcement  personnel and field investigators who must 
interpret state regulations across  the state.  
TMOGA, Diamond Shamrock, and Exxon suggested a change in proposed sec.321.236 
that treatment not be required unless necessary to meet the effluent limitations 
of this rule. The commission agrees with the suggestion and has modified the  
rule.  
TMOGA, Diamond Shamrock, Chevron, and Exxon suggested a change in proposed 
sec.321.236 to reduce the frequency of monitoring from once per week to once per 
three months. The commenters indicated the relief is warranted since the 
discharges would be small in volume and stated in the comments that it would not 
be unusual for PBSTs to go months without discharging at all. The commenters 
stated the cost could be $10,000 annually for any one discharge point when 
procuring company employees for the sampling effort. In general comments and in 
several other comments, it has been indicated that it would be burdensome to 
monitor PBST discharges since personnel need training or that the facilities are 
unmanned at times.  
In response, the commission points out that the proposed rule clearly specifies 
that no sampling is necessary when no discharge is occurring. Therefore, based  
on the comments, it would be unusual for a PBST to sample more often than  
during those few instances in a given year when a discharge occurs. In response  
to similar comments received on the withdrawn rule in 1994, the agency did  
remove significant monitoring requirements, associated with non-contact storm  
water and for lead when it is not present at a PBST. The commission sees no  way 
to avoid the need for compliance monitoring of discharges by parties responsible  
for ensuring that discharge standards under the rule are met. The agency agrees  
with the commenters that some level of personnel need to be trained or hired  to 
monitor treatment or discharge quality. However, the commission believes  it has 
a responsibility to ensure discharges of wastewater are controlled  in the state 
systems.  
The commission remains confident that the sampling and monitoring frequency will 
not prove burdensome on the industry, considering the intermittent nature of 
PBST discharges. Nonetheless, the agency believes it could reduce monitoring 
frequency for those PBSTs that establish a record of compliance with the rule  
over a period of time after registration. The commission has revised sec.321.236  
to add a footnote (3) to Figure 1: 30 TAC sec.321.236 which will allow a  PBST 
to request a reduction in monitoring frequency from once per week to  once per 
two weeks, after two years of demonstrated compliance with the standards.  Two 
years was chosen because many of the PBSTs are expected to have significant  
variability in wastestreams needing treatment. Two years will require the  
establishment of a sound compliance record that would culminate in the 
monitoring  frequency reduction that could reduce monitoring costs by one-half.  
TMOGA, Diamond Shamrock, and Exxon suggested that the requirement to estimate 
flow on a daily basis be deleted from the rule and replaced with a requirement 
that during a given monitoring period, no discharge be documented. The 
commission responds that documenting a no discharge condition as suggested is, 
in fact, monitoring flow. On those apparently rare instances when discharges 
occur, the operator would estimate the volume of the discharge. For those 
discharges which occur regularly, a PBST should give thought to establishing a 
discharge weir for instantaneous measurement or using one of many common 
mechanisms for estimating discharge flow. On monitoring forms submitted 
quarterly, the agency will ask for a summary of the data, namely the number of 
discharge days in each month, the average flow which discharged on those days, 
and the  maximum flow which occurred in a given month.  
TMOGA, Diamond Shamrock, and Exxon suggested that the requirement to monitor the 
quality of discharge exclude discharges on holidays and discharges outside of 
normal business hours. The commission disagrees as the purpose of monitoring is 
to establish the quality of waste that is disposed of in surface waters, 
regardless of the time of day.  
TMOGA, Diamond Shamrock, and Exxon suggested that the effluent limitations be 
made significantly less stringent for benzene and BTEX. The commenters suggest 
raising the benzene limitation from 0.05 milligrams per liter to 0.5  and that 
the BTEX limitation be raised from 0.5 milligrams per liter to 2.2.  These 
limits are characterized as the ones most commonly seen in discharge  permits. 
The commission responds that it has included the rationale for the  effluent 
limitations earlier in its response to general comments. TMOGA, Exxon, and 
Diamond Shamrock commented on proposed sec.321.237(b) with a request for changes 
corresponding to the proposed changes to sec.321.236. The commission disagrees 
as specified in earlier comments.  
TMOGA, Diamond Shamrock, Chevron, and Exxon suggested that the requirement for 
retention of records related to solids disposal for five years be changed to 
three years, to be consistent with state industrial solid waste requirements. 
The commission agrees with the request and has made this change in proposed 
sec.321.156(c), sec.321.217(c), sec.321.237(c), and sec.321.256(f). These 
changes will make the requirements of record keeping consistent in all  four 
subchapters of these rules.  
TMOGA, Diamond Shamrock, Chevron, and Exxon suggested that proposed sec.321.240 
be modified to make annual fees on inactive facilities zero instead of the 
proposed $250. The commenters view the fees as excessive with little associated 
costs to the agency . The commission responds that the agency has already 
addressed the fee issue in the proposal preamble. The commission points out that 
the proposed fee structure will not pay for all permitting, enforcement, and 
field surveillance activities needed by the agency to implement this rule.  The 
program would be even less self-supported if inactive fees are zero. In  
addition, a facility may cancel its registration as an option to paying the  
annual assessment.   
HCPCD commented on proposed sec.321.255 and suggested a provision be added to 
ensure that ponds are protected from inundation from a 10-year, 24-hour  flood. 
The commission agrees that this type of protection is a suitable and  important 
design consideration and has modified sec.321.255 to add a new  subsection (f).  
The commission has made several changes to the four subchapters to add 
consistency and clarity. These changes include adding a definition for a common  
acronym "mg/l"; clarifying definitions of registrant in Subchapters J, L,  and 
M; updating the names of the organizational units of the agency; making  
sec.321.157 consistent with the restrictions sections of the other subchapters;  
and clarifying the noncompliance notification requirements relating to samples  
significantly above the effluent limitations. For consistency with the other  
subchapters, sec.321.211 and sec.321.212 were switched in order. A definition  
of "new facility" has been added to sec.321.231 to be consistent with the  other 
subchapters. Section 321.257(c) was moved to sec.321.253(g). To streamline  the 
rules under the commission's regulatory reform process sections relating  to 
motion for reconsideration were deleted and replaced with a cross reference  to 
Chapter 50, subchapter C of this title in sec.sec.321.152(a), 321.212(a),  
321.232(a), and 321.253(a).  
The commission has clarified sec.321.239 to allow the executive director to make 
a finding that a registration is required under certain circumstances where an 
unregistered small PBST is non-compliant. The commission has opted under 
enforcement actions to require operations at small PBSTs to be subject to 
registration and comply with the standards under the rule, rather than 
automatically requiring these entities to obtain an individual permit if found  
to be non-compliant.   
The commission has modified sec.321.253(a)(1) in Subchapter N: Handling of 
Wastes from Commercial Facilities Engaged in Livestock Trailer Cleaning to 
eliminate a conflict with sec.321.253(e). This change clarifies that a livestock 
trailer cleaning facility that is a component of a feedlot or concentrated 
animal feeding operation regulated under other parts of this chapter or under 
Chapter 305 of this title (related to Consolidated Permits) is not considered to 
be a commercial facility subject to Subchapter N. The commission has modified 
sec.321.254(f) to allow 180 days for existing facilities to become registered. 
This increase from 90 days should allow adequate time for public notice that 
registrations is required.  
The commission has prepared a Takings Impact Assessment for this rule pursuant 
to Texas Government Code, sec.2007.043. The specific purpose of the proposed 
rule is to streamline the current permitting process by controlling certain 
activities by rule, thereby eliminating the need for a commission permit for  
specific wastewater discharge and waste handling activities. Promulgation and 
enforcement of these rules will not create a burden on private real property 
that is the subject of the regulation. 

SUBCHAPTER J.Discharges to Surface Waters From Ready-Mixed Concrete Plants 
and/or Concrete Plants or Associated Facilities
sec.sec.321.151-321.159
The new sections are adopted under the Texas Water Code (Vernon 1992), 
sec.5.102, which provides the commission with general powers to carry  out 
duties under the Texas Water Code and sec.5.103, which provides the  commission 
with the authority to adopt any rules necessary to carry out the  powers and 
duties under the provisions of the Texas Water Code and other laws  of this 
state. Additionally, these sections are adopted pursuant to the Texas  Water 
Code (Vernon 1992), sec.26.040, which provides the commission with  the 
authority to regulate certain waste discharges by rule and set the requirements  
and conditions of the discharges of waste. 

sec.321.151.Definitions.
The following words and terms used in this subchapter shall have the following 
meanings unless the context clearly indicates otherwise.
Associated Facilities - Facilities associated with ready-mixed concrete plants 
or concrete products plants and establishments where maintenance and washing of 
ready-mix vehicles (both interior and exterior) or equipment occurs.  
Concrete Products Plants - Facilities primarily engaged in manufacturing 
concrete products as classified per Standard Industrial Classification (SIC) 
code 3272, and facilities primarily engaged in manufacturing concrete building 
blocks and bricks from a combination of cement and aggregate as per  SIC code 
3271. 
Contact Storm water - Storm water which comes in contact with any raw material, 
product, by-product, co-product, intermediate, or waste material.  
Domestic Sewage - Waterborne human (animal) waste and waste from domestic 
activities, such as washing, bathing, and food preparation.
Existing Facilities - Ready-mixed concrete plants, concrete products plants and 
associated facilities in active operation, including the  discharge of facility 
wastewater, prior to January 5, 1996.   
Facility Wastewater  - Any wastewater which is generated at ready-mixed concrete 
plants, concrete products plants, or associated facilities authorized by this 
rule, but not including domestic sewage. 
Grab Sample - An individual sample collected in less than 15 minutes.  
MGD - Million gallons per day.  
Mg/l  - Milligrams per liter.  
New Facilities - Ready-mixed concrete plants, concrete products plants and 
associated facilities not defined in this section as existing facilities.    
Point Source Discharge  - A discharge from any discernible, confined and 
discrete conveyance, including, but not limited to, any pipe, ditch, channel, 
tunnel, conduit or discrete fissure.  
Publicly Owned Treatment Works or "POTW"  - A treatment works owned by a state 
or municipality, which includes any device or system used in the storage, 
treatment, recycling, and reclamation of municipal sewage or industrial wastes 
of a liquid nature. This definition includes sewers, pipes or other conveyances 
only if they convey wastewater to a POTW providing treatment. This term also 
means the municipality which has jurisdiction over indirect discharges to and 
discharges from such a treatment works.  
Registrant - An individual or entity authorized by the executive director to 
discharge facility wastewater and contact storm water from ready-mixed concrete 
plants, concrete products plants, or associated facilities under the terms and 
requirements of this subchapter. 
Ready-Mixed Concrete Plants - Facilities, including temporary concrete batch 
plants, primarily engaged in mixing and delivering ready-mixed concrete as 
classified per Standard Industrial Classification code (SIC) 3273.  
Storm water - Storm water runoff, snow melt runoff, surface runoff, and 
drainage.
Temporary Concrete Batch Plants - Ready-mixed concrete plants temporarily 
located to be in proximity to a particular customer or construction site. 

sec.321.152. Purpose and Applicability.
(a) The purpose of this subchapter is to regulate by rule discharges of facility 
wastewater and contact storm water to surface water in the state from ready-
mixed concrete or concrete products plants and their associated facilities under 
the terms and requirements of this subchapter. Certificates of registration 
issued under this subchapter are subject to Chapter 50, Subcvhapter C of this 
title (relating to Action by Executive Director).  
(b) Discharges are allowable under this subchapter only by registrants of those 
facilities which have a certificate of registration issued  by the executive 
director under sec.321.153 of this title (relating to Certificate  of 
Registration), sec.321.154 of this title (relating to General Requirements  for 
Discharge) and sec.321.155 of this title (relating to Specific Requirements  for 
Discharge).  
(1) For new facilities, a certificate of registration issued by the executive 
director under sec.321.153 of this title, sec.321.154 of this title, and 
sec.321.155 of this title shall be obtained prior to discharge of wastewater 
from the subject facility.  
(2) Existing facilities currently operating under a valid agency wastewater 
discharge permit may apply for registration of these operations prior to the 
expiration date of the permit. Upon issuance of the final registration, the 
executive director shall void the permit.  
(3) An existing facility that does not hold a valid agency wastewater discharge 
permit must submit an application for registration or an application for a 
permit within 365 days after the date this rule takes effect.  
(c) If the executive director denies a registration application under this 
subchapter, the facility must obtain a permit pursuant to the Texas  Water Code, 
Chapter 26.  
(d) Facilities which do not meet the requirements of sec.321.154 and 
sec.321.155, of this title and do not discharge or transport facility wastewater 
to a publicly owned treatment works (POTW) which has a wastewater discharge 
permit issued by the executive director must apply for an emergency order, 
temporary order, or permit as provided by Chapter 305, Subchapter B,  of this 
title (relating to Consolidated Permits) for the discharge of wastewater  into 
or adjacent to water in the state. 

sec.321.153. Certificate of Registration and Public Notice.
(a) An applicant must apply for registration on a form approved by the agency. A 
completed application shall be submitted to the agency's Wastewater Permits 
Section (MC 148). Before issuing a certificate of registration, the executive 
director will review the application to determine whether the facility 
operations meet the requirements of sec.321.154 of this title (relating  to 
General Requirements for Discharge) and sec.321.155 of this title (relating  to 
Specific Requirements for Discharge).  
(b) The executive director may take action on an application to issue a 
certificate of registration, provided:  
(1) At least 30 days prior to approving an application and issuing the 
certificate of registration, notice of the application has been provided by the 
applicant, at the applicant's cost:  
(A)  in a newspaper regularly published and generally circulated within the 
county and area wherein the proposed facility and discharge is to be located;  
(B)  in writing by certified mail (return receipt requested) to the county judge 
of the county in which the facility is to be located and  also when the facility 
is to be located within the jurisdictional boundaries of a city or town, to the 
mayor of that city or town; and  
(C)  the notices of application are provided in a format approved by the 
commission and shall fairly set forth the substance of the application and 
proposed action, including but not limited to, the general location of any point 
of discharge, the method of obtaining additional information about the 
application, and the method for submitting comment, on the application.
(2) With any application for a registration, submitted pursuant to this 
subchapter, the applicant shall also provide proof to the executive director 
that public notice was provided in accordance with paragraph (1) of this 
subsection. The proof shall be provided within 14 days of obtaining the 
following information, which shall consist of:  
(A)  a signed affidavit from the publisher acknowledging that the notice was 
published, indicating the date of publication, and providing a copy of the 
newspaper clipping; and  
(B)  a sworn statement from the applicant that written notice was mailed to the 
appropriate entities, identified in this subsection, along with a copy(s) of the 
return receipt acknowledgment from the U.S. Postal Service.   
(3) The application, including the material required by paragraph (2) of this 
subsection, shall be mailed to the agency's Wastewater Permits Section (MC 148). 
The application shall undergo review by the executive director following the 
determination that notice requirements of this section are met.  
(4) Any pertinent comments received by the executive director prior to the end 
of the 30-day period, after all the notices have been provided, will be 
considered as a part of any decision of approval, denial, or modification of a 
request for registration from an applicant. The executive director shall mail 
notice of the final decision to the applicant and to any other person who 
submitted comments on the application.  
(c) The public notice provisions of this section do not apply to a facility 
which is operating under an agency wastewater discharge permit if the facility 
applies for registration prior to the expiration date of the  permit.  
(d) Public notice provisions of this section do not apply to an existing 
facility which is not operating under an agency wastewater discharge permit if 
an application for registration is received by the executive director within 365 
days after the date this rule takes effect. 

sec.321.154. General Requirements for Discharge. 
(a) Only contact storm water, facility wastewater, and treated facility 
wastewater which meet the requirements of this subchapter can be discharged into 
water in the state.  
(b) Facility wastewater and contact storm water shall be treated as required to 
conform to effluent discharge requirements, including a reduction of total 
suspended solids, oil and grease, and other possible pollutants and,  if 
necessary, adjustment of pH.  
(c) This rule does not authorize the discharge of domestic sewage into water in 
the state. All domestic sewage shall be either routed to an authorized and 
adequately designed septic tank/drain field system, POTW,  transported to an 
approved off-site disposal facility, or disposed of in accordance  with an 
approved agency order or permit.  
(d) Sludge and solid waste, including tank and truck cleaning and contaminated 
solids for disposal, shall be disposed of in accordance with  Chapter 361 of the 
Texas Health and Safety Code.  
(e) The discharge shall not cause any nuisance conditions.
(f) The facility shall take all steps necessary to prevent any adverse effects 
upon human health or safety, or to the environment. Any facility authorized 
under this subchapter shall comply with the following:
(1) The registrant shall report any noncompliance (including any unauthorized 
discharges or overflows) with the requirements of this subchapter which may 
endanger human health or safety or the environment. Report of such information 
shall be provided orally to the agency's regional office within 24 hours of 
becoming aware of the noncompliance. A written submission of such  information 
shall also be provided to the agency's regional office and to  the agency's 
Water Section, Enforcement Division (MC 149), within five working  days of 
becoming aware of the noncompliance. The written submission shall  contain a 
description of the noncompliance and its cause; the potential danger  to human 
health or safety, or the environment; the period of noncompliance, including 
exact dates and times; if the noncompliance has not been corrected, the 
anticipated time it is expected to continue; and, steps taken or planned to 
reduce, eliminate, and prevent recurrence of the noncompliance, and to mitigate 
its adverse effects.  
(2) Any noncompliance which is greater than 40% of the authorized effluent 
limitations as expressed in sec.321.155(a) of this title  (relating to Specific 
Requirements for Discharge) shall be reported in writing  to the agency's 
regional office and to the agency's Water Section, Enforcement  Division (MC 
149) within five working days of becoming aware
of the condition.   

(g) The registrant must notify the executive director, in writing,
of any change in control or ownership of facilities, or any expansion of
facilities  authorized under this subchapter. The applicant must send the
notification  to the agency's Wastewater Permits Section (MC 148).  

(h) The executive director may deny an application for registration
on the following grounds: the potential or actual adverse impact or close
proximity to a public park, school, recreational area, spring, water supply
well, surface water supply intake, water treatment plant intake, potable
water  storage facility or sewage treatment plant. In making such determination, 
the executive director may also consider other factors, as necessary to carry 
out its powers and duties under the Texas Water Code and other laws of the 
state.  
(i) The discharge shall not be acutely toxic to aquatic life, as described in 
Chapter 307 of this title (relating to Texas Surface Water Quality Standards).   

sec.321.155. Specific Requirements for Discharge. 
(a) Facilities regulated under this rule are authorized to discharge treated 
facility wastewater and contact storm water in accordance with the following 
maximum limitations and monitoring requirements: 
Figure: 30 TAC sec.321.155(a)  
(b) The pH of the discharge shall not be less than 6.0 nor greater than 9.0 
standard units and shall be monitored once per month by grab  sample.  
(c) There shall be no discharge of floating solids or visible foam in other than 
trace amounts, and no discharge of visible oil.  
(d) All discharges from ready-mixed concrete plants and/or concrete products 
plants or associated facilities shall comply with sec.319.22 of this title 
(relating to Quality Levels-Inland Waters) or shall comply with  sec.319.23 of 
this title (relating to Quality Levels-Tidal Waters).

sec.321.156. Sampling, Reporting, and Recordkeeping. 
(a) Unless otherwise specified in this rule, sampling and laboratory test 
methods shall comply with procedures specified in sec.319.11 of this title 
(relating to Sampling and Laboratory Testing Methods).  
(b) Results of monitoring of each constituent specified in sec.321.155 of this 
title (relating to Specific Requirements for Discharge) shall be reported by the 
registrant to the executive director on the Ready-Mixed Concrete Plants and 
Concrete Products Report form approved by the executive director. Monitoring 
results shall be reported to the executive director in  accordance with the 
following schedule.
Figure: 30 TAC sec.321.156(b)
(c) The registrant shall maintain results of monitoring of each constituent 
specified in sec.321.155 of this title (relating to Specific Requirements for 
Discharge) or the equivalent information shall be maintained for a minimum of 
three years and shall make these results readily available for review upon 
request. The registrant authorized under the terms of this subchapter shall 
maintain records of the process control, maintenance activities, and solids 
disposal to include at a minimum: volume and dates on which solids were removed, 
identity of any transporter, location and identity of any solids disposal site, 
and method of final disposal. This information shall be maintained for a minimum 
of three years and shall be readily available for review upon request. 

sec.321.157. Restrictions.
(a) This rule does not convey property rights or grant any exclusive privilege.  
(b) Separate authorizations may be required by the executive director, 
municipalities, or other agencies for discharges to publicly owned treatment 
works, domestic sewage plants, storm water sewers, or for air emissions.
(c) Any discharge of wastewater at a site other than the registered site or the 
POTW site is prohibited. Nothing in this rule shall be construed to authorize 
any injury to persons or property, or an invasion of other property
rights, or any infringement of state or local law or regulations.  
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on June 26, 1996.
TRD-9609547
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: July 26, 1996
Proposal publication date: January 5, 1996
For further information, please call: (512) 239-4640

SUBCHAPTER L.Discharge to Surface Waters From Motor Vehicles
Cleaning Facilities
30 TAC sec.sec.321.211-321.220  
The new sections are adopted under the authority of the Texas Water Code, 
sec.sec.5.103, 5.105 and 5.120, which provide the commission with the authority 
to promulgate rules as necessary to carry out its powers and duties under the 
Texas Water Code and other laws of the state and to establish  and approve all 
general policies of the commission.  

sec.321.211Definitions.
The following words and terms used in this subchapter shall have the following 
meanings unless the context clearly indicates otherwise: 
Domestic Sewage - Waterborne human (animal) waste and waste from domestic 
activities, such as washing, bathing, and food preparation.
Existing Facilities - Motor vehicles cleaning facilities in active operation, 
including the discharge of facility wastewater, prior to January 5, 1996.  
Facility Wastewater - Wastewater generated at motor vehicle cleaning facilities 
as a result of washing the exterior of motor vehicles and specifically excluding 
domestic sewage. 
Grab Sample - An individual sample collected in less than 15 minutes. 
MGD- Million gallons per day. 
Mg/l - Milligrams per liter.
Motor Vehicles Cleaning Facilities - Facilities engaged in washing, waxing, and 
polishing motor vehicles, or in furnishing facilities for the self-service 
washing of motor vehicles. 
New Facilities - Motor vehicles cleaning facilities not defined in this section 
as existing facilities.  
Point Source Discharge - A discharge from any discernible, confined and discrete 
conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, 
conduit or discrete fissure.  
Publicly Owned Treatment  Works or "POTW"- A treatment works owned by a state or 
municipality, which includes any device or system used in the storage, 
treatment, recycling, and reclamation of municipal sewage or industrial wastes 
of a liquid nature. This definition includes sewers, pipes or other conveyances 
only if they convey wastewater to a POTW providing treatment. This term also 
means the municipality which has jurisdiction over indirect discharges to and 
discharges from such a treatment works.   
Registrant - An individual or entity authorized by the executive director to 
discharge facility wastewater from facilities associated with motor vehicle 
cleaning under the terms and requirements of this subchapter.

sec.321.212. Purpose and Applicability.
(a) The purpose of this subchapter is to regulate by rule the surface discharge 
to water in the state of facility wastewater from motor vehicles cleaning 
facilities in accordance with the effluent limitations, monitoring requirements, 
and other conditions set forth herein. Certificates of registration issued under 
this subchapter are subject to Chapter 50, Subchapter C of this title (relating 
to Action by Executive Director. Except as provided by sec.321.219 of this title 
(relating to Enforcement and Revocation) and except as provided by subsection 
(e) of this section, this rule regulates the following type of facilities which 
in a given month discharge, on average, more than 5,000 gallons per day of 
operation:  
(1) Establishments primarily engaged in washing, waxing, and polishing motor 
vehicles. These type of facilities are classified as Standard Industrial 
Classification code 7542.  
(2) Companies, governmental entities, taxi companies, parcel delivery companies, 
or similar entities that have their own motor vehicle  cleaning facilities.  
(3) This subchapter only applies to the discharge of wastewater generated from 
washing the exterior of vehicles.  
(4) This subchapter does not apply to establishments, companies, or entities 
engaged in motor vehicle washing when the vehicles being washed are used for any 
of the following:  
(A)  transportation of municipal or industrial solid waste, including hazardous 
waste;  
(B)  transportation of hazardous materials or vehicles subject to placarding or 
labeling because of such transportation;  
(C)  exploration, production, or development of oil, natural gas, or geothermal 
resources.  
(5) This subchapter does not apply to establishments, companies, or entities 
engaged in motor vehicle washing when the vehicles being washed consist of the 
following types:  
(A)  semi-tractor trailer vehicles or similar carriers involved in 
transportation activities described in paragraph (4)(A) and (B) of this 
subsection.  
(B)  vehicles, trucks, or other equipment involved in transportation which, in 
the judgement of the executive director, has the potential to release toxic 
substances when the equipment's exterior is washed.  
(b) Discharges are allowable under this subchapter only by those registrants of 
facilities which have a certificate of registration issued  by the executive 
director under sec.321.213 of this title (relating to Certificate  of 
Registration), sec.321.215 of this title (relating to General Requirements  for 
Discharge) and sec.321.216 of this title (relating to Specific Requirements  for 
Discharge). For new facilities, a certificate of registration issued by  the 
executive director under sec.sec.321.213, 321.215, and 321.216 of  this title 
shall be obtained prior to discharge of wastewater from the subject  facility.  
(c) Facilities which do not meet the requirements of sec.321.215 and 
sec.321.216, of this title and do not discharge or transport facility wastewater 
to a POTW which has a wastewater discharge permit issued by the agency must 
apply for an emergency order, temporary order, or permit as provided by Chapter 
305, Subchapter B, of this title (relating to Consolidated Permits) for the 
discharge of wastewater into or adjacent to water in the state. 
(d) If the executive director denies a registration application under this 
subchapter, the facility must obtain a permit pursuant to the Texas  Water Code, 
Chapter 26.  
(e) No motor vehicle cleaning facility may obtain registration under this 
subchapter, if it is located within the service area of a POTW or within a 
similar service area which provides for the collection and disposal of 
wastewater. No self-service or coin-operated motor vehicle cleaning facility may 
obtain registration under this chapter. Such facilities must either discharge 
facility wastewater into the POTW, obtain authorization by individual permit 
issued pursuant to Chapter 305 of this title (relating to Consolidated Permits), 
or otherwise dispose of wastewater in a manner which complies with commission 
regulations. 

sec.321.213. Certificate of Registration and Public Notice.
(a) An applicant must apply for registration on a form approved by the executive 
director. A completed application shall be submitted to the  agency's Wastewater 
Permits Section (MC 148). An existing facility that does  not hold a valid 
agency wastewater discharge permit must submit an application for registration 
or an application for a permit within 365 days after the date this rule takes 
effect. Before issuing a certificate of registration, the executive director 
will review the application to determine whether the facility operations meet 
the requirements of sec.321.215 of this title (relating  to General Requirements 
for Discharge) and sec.321.216 of this title (relating  to Specific Requirements 
for Discharge).  
(b) The executive director may take action on an application to issue a 
certificate of registration, provided:  
(1) At least 30 days prior to approving an application and issuing the 
certificate of registration, notice of the application has been provided by the 
applicant, at the applicant's cost:  
(A)  in a newspaper regularly published and generally circulated within the 
county and area wherein the proposed facility and discharge is to be located;  
(B)  in writing by certified mail (return receipt requested) to the county judge 
of the county in which the facility is to be located and  also when the facility 
is to be located within the jurisdictional boundaries of a city or town, to the 
mayor of that city or town; and  
(C)  the notices of application are provided in a format approved by the 
commission and shall fairly set forth the substance of the application and 
proposed action, including but not limited to, the general location of any point 
of discharge, the method of obtaining additional information about the 
application, and the method for submitting comment on the application.
(2) With any application for a registration, submitted pursuant to this 
subchapter, the applicant shall also provide proof to the executive director 
that public notice was provided in accordance with paragraph (1) of this 
subsection. The proof shall be provided within 14 days of obtaining the 
following information, which shall consist of:  
(A)  a signed affidavit from the publisher acknowledging that the notice was 
published, indicating the date of publication, and providing a copy of the 
newspaper clipping; and  
(B)  a sworn statement from the applicant that written notice was mailed to the 
appropriate entities, identified in this subsection, along with a copy(s) of the 
return receipt acknowledgment from the U.S. Postal Service.   
(3) The application, including the material required by paragraph (2) of this 
subsection, shall be mailed to the agency's Wastewater Permits Section (MC 148). 
The application shall undergo review by the executive director following the 
determination that notice requirements of this section are met.  
(4) Any pertinent comments received by the executive director prior to the end 
of the 30-day period, after all the notices have been provided, will be 
considered as a part of any decision of approval, denial, or modification of a 
request for registration from an applicant. The executive director shall mail 
notice of the final decision to the applicant and to any other person who 
submitted comments on the application.  
(c) The public notice provisions of this section do not apply to an existing 
facility which is operating under an existing agency wastewater discharge permit 
if the facility applies for registration prior to the expiration date of the 
permit.  
(d) An existing facility which does not hold a valid agency wastewater discharge 
permit must submit an application for registration or an application for a 
permit within 365 days after the date this rule takes effect. Public notice 
provisions of this section do not apply to an existing facility if an 
application for registration is received by the executive director  within 365 
days after the date this rule takes effect.  

sec.321.215. General Requirements for Discharge. 
(a) Only facility wastewater which meets the requirements of this subchapter can 
be discharged into water in the state.  
(b) Facility wastewater shall be treated to conform to effluent discharge 
requirements, including a reduction of total suspended solids, oil  and grease 
and other possible pollutants and, if necessary, adjustment of  pH.  
(c) There shall be no discharge of domestic sewage into or adjacent to water in 
the state. All domestic sewage shall be either routed to an authorized and 
adequately designed septic tank/drain field system, POTW,  or transported to an 
approved off-site disposal facility, or disposed of in  accordance with an 
approved agency order or permit.  
(d) Disposal of solid wastes shall be in accordance with Chapter 361 of the 
Texas Health and Safety Code.  
(e) The discharge shall not cause any nuisance conditions.
(f) The facility shall take all steps necessary to prevent any adverse effects 
upon human health or safety, or to the environment. Any facility authorized 
under this subchapter shall comply with the following:
(1) The registrant shall report any noncompliance (to include any unauthorized 
discharges or overflows) with the requirements of this subchapter which may 
endanger human health or safety or the environment. Report of such information 
shall be provided orally to the agency's Regional Office within 24 hours of 
becoming aware of the noncompliance. A written submission of such  information 
shall also be provided to the agency's Regional Office and to  the agency's 
Water Section, Enforcement Division (MC 149), within five working  days of 
becoming aware of the noncompliance. The written submission shall  contain a 
description of the noncompliance and its cause; the potential danger  to human 
health or safety, or the environment; the period of noncompliance, including 
exact dates and times; if the noncompliance has not been corrected, the 
anticipated time it is expected to continue; and, steps taken or planned to 
reduce, eliminate, and prevent recurrence of the noncompliance, and to mitigate 
its adverse effects.  
(2) Any noncompliance which is greater than 40% of the authorized effluent 
limitations as expressed in sec.321.216(a) of this title  shall be reported in 
writing to the agency's Regional Office and to the agency's  Water Section, 
Enforcement Division (MC 149), within five working days of  becoming aware of 
the condition.  
(g) The registrant must notify the executive director, in writing, of any change 
in control or ownership of facilities, or any expansion of facilities  
authorized under this subchapter. The applicant must send the notification  to 
the agency's Wastewater Permits Section (MC 148).  
(h) The executive director may deny an application for registration on the 
following grounds: the potential or actual adverse impact on, or close proximity 
to, a public park, school, recreational area, spring, water supply well, surface 
water supply intake, water treatment plant intake, potable water  storage 
facility or sewage treatment plant. In making such determination, the executive 
director may also consider other factors necessary to carry out its powers and 
duties under the Texas Water Code and other laws of the state.  
(i) The discharge shall not be acutely toxic to aquatic life, as described in 
sec.sec.307.1-307.10 of this title (relating to Texas Surface Water Quality 
Standards).  

sec.321.216. Specific Requirements for Discharge. 
(a) All facilities regulated under this rule are authorized to discharge 
facility wastewater from motor vehicles cleaning facilities in  accordance with 
the following limitations and monitoring requirements: 
Figure: 30 TAC sec.321.216(a)  
(b) The pH of the discharge shall not be less than 6.0 nor greater than 9.0 
standard units and shall be monitored once per month (1/month) by grab sample.  
(c) There shall be no discharge of floating solids or visible foam in other than 
trace amounts, and no discharge of visible oil.  
(d) All discharges from motor vehicle cleaning facilities shall comply with 
sec.319.22 of this title (relating to Quality Levels-Inland Waters) or shall 
comply with sec.319.23 of this title (relating to Quality Levels-Tidal Waters). 

sec.321.217. Sampling, Reporting, and Recordkeeping. 
(a) Unless otherwise specified in this rule, sampling and laboratory test 
methods shall comply with procedures specified in sec.319.11 of this title 
(relating to Sampling and Laboratory Testing Methods).  
(b) All analytical results shall be reported by the registrant to the executive 
director on the Motor Vehicles Cleaning Facilities Report form approved by the 
executive director. Monitoring results shall be reported to the executive 
director in accordance with the following schedule. 
Figure: 30 TAC sec.321.217(b)  
(c) The registrant shall maintain results of monitoring of each constituent 
specified in sec.321.216 of this title or the equivalent information shall be 
maintained for a minimum of three years and shall make these results readily 
available for review upon request. The registrant authorized under the terms of 
this subchapter shall maintain records of the process control,  maintenance 
activities, and solids disposal to include at a minimum: volume  and dates on 
which solids were removed, identity of any transporter, location  and identity 
of any solids disposal site, and method of final disposal. This  information 
shall be maintained for a minimum of three years and shall be  readily available 
for review upon request.

sec.321.219. Enforcement and Revocation.
If any registrant or facility regulated by this subchapter fails to comply with 
the terms of this subchapter, the executive director may take enforcement action 
as provided by the Texas Water Code and in accordance with  Chapter 337 of this 
title (relating to Enforcement). The executive director may revoke any 
registration granted to a registrant or facility due to noncompliance with the 
requirements of this subchapter, after notice to the registrant and  opportunity 
for hearing, and such registrant shall cease any discharge until  such time as 
the facility is issued a wastewater discharge permit, an emergency  order, or 
temporary order as provided by Chapter 305, Subchapter B, of this  title 
(relating to Consolidated Permits) for the discharge of wastewater into  or 
adjacent to water in the state. The executive director may require a motor  
vehicle cleaning facility defined as exempt from registration under sec.321.212  
of this title (relating to Purpose and Applicability) to obtain a registration  
when an exempt facility is causing water pollution that could be avoided through  
compliance with the requirements of this subchapter.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on June 26, 1996.
TRD-9609546
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: July 26, 1996
Proposal publication date: January 5, 1996
For further information, please call: (512) 239-4640

SUBCHAPTER M.Discharges to Surface Waters from Petroleum Bulk
Stations and Terminals
30 TAC sec.sec.321.231-321.240
The new sections are proposed under the authority of the Texas Water Code, 
sec.sec.5.103, 5.105 and 5.120, which provides the commission with the authority 
to promulgate rules as necessary to carry out its powers and duties under the 
Texas Water Code and other laws of the state and to establish  and approve all 
general policies of the commission. 

sec.321.231. Definitions.
The following words and terms, when used in this subchapter shall have the 
following meanings, unless the context clearly indicates otherwise.
Contact Storm water-Storm water which comes into contact with any raw material, 
product, by-product, co-product, intermediate, petroleum fuel, or waste 
material.
Domestic Sewage-Waterborne human (animal) waste and waste from domestic 
activities, such as washing, bathing, and food preparation. 
Existing Facilities-Petroleum Bulk Stations and Terminals in active operation 
prior to January 5, 1996.
Facility Wastewater-Any liquids which are accidentally released from storage, 
transfer or loading facilities; liquids from equipment cleaning or vehicle 
maintenance; any water and hydrocarbon mixtures drawn from storage, transfer, or 
loading facilities; or other similar wastewater associated with petroleum fuel 
handling. Facility wastewater shall not include domestic sewage.
Grab Sample-An individual sample collected in less than 15 minutes.
MGD-Million gallons per day.
Mg/l-Milligrams per liter
New Facilities-Petroleum Bulk Stations and Terminals not defined in this section 
as existing facilities. 
Petroleum Bulk Stations and Terminals (PBST)-Establishments primarily engaged in 
the cooperative or wholesale distribution of refined petroleum products or 
petroleum fuels from bulk liquid storage facilities.
Petroleum Fuel-Gasoline, diesel fuel, fuel oil, fuel additives, kerosene and jet 
fuel, or any other petroleum-based material having physical and chemical 
properties similar to the listed materials and receiving approval by the 
executive director for designation as a petroleum fuel. 
Point Source Discharge -A discharge from any discernible, confined and discrete 
conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, 
conduit or discrete fissure.
Publicly Owned Treatment Works or "POTW"-A treatment works owned by a state or 
municipality, which includes any device or system used in the storage, 
treatment, recycling, and reclamation of municipal sewage or industrial wastes 
of a liquid nature. This definition includes sewers, pipes or other conveyances 
only if they convey wastewater to a POTW providing treatment. This term also 
means the municipality which has jurisdiction over indirect discharges to and 
discharges from such a treatment works. 
Registrant-An individual or entity authorized by the executive director to 
discharge facility wastewater and contact storm water from petroleum bulk 
stations and terminals under the terms and requirements of this subchapter.
Small Petroleum Bulk Stations and Terminal (Small PBST)-An establishment 
primarily engaged in the cooperative or wholesale distribution of refined 
petroleum products or petroleum fuels from a bulk liquid storage facility which 
consists of no greater than 100,000 gallons storage capacity total.
Storm water-Storm water runoff, snow melt runoff, surface runoff, and drainage.
Treated Facility Wastewater-Facility wastewater which has been biologically, 
chemically, or mechanically treated, or which has been treated using other 
advanced treatment methods and achieves a level of treatment which complies with 
this subchapter.

sec.321.232.Purpose and Applicability.
(a) The purpose of this subchapter is to regulate by rule the surface discharge 
of treated facility wastewater, facility wastewater which otherwise meets the 
effluent limitations of this chapter, and contact storm water from petroleum 
bulk stations and terminals to surface water in the state.  Certificates of 
registration issued under this subsection are subject to Chapter  50, Subchapter 
C of this title (relating to Action by Executive Director).   
(b) Discharges are allowable under this subchapter only by registrants of those 
facilities which have a certificate of registration issued  by the executive 
director under sec.321.234 of this title (relating to Certificate  of 
Registration and Public Notice), and which meet the requirements of sec.321.235  
of this title (relating to General Requirements for Discharge) and sec.321.236  
of this title (relating to Specific Requirements for Discharge).
(c) This rule does not apply to facilities which are part of a petroleum 
refinery or facilities which store or transfer non-petroleum products  such as 
organic, inorganic, or toxic chemicals.  
(d) An application for an emergency order, temporary order, or permit as 
provided by Chapter 305, Subchapter B, of this title (relating to Consolidated 
Permits) must be submitted for the discharge of any other wastewater not 
authorized by this rule to the water in the state.  
(e) Commission authorization by an emergency order, temporary order, or a 
separate permit is not required if treated or untreated facility wastewater, or 
other wastewater is either discharged or transported to a POTW  which has a 
wastewater discharge permit issued by the agency.  
(f) This rule does not authorize the discharge of any domestic sewage into or 
adjacent to water in the state. All domestic sewage shall be  either routed to 
an authorized and adequately designed septic tank/drain field  system, POTW, or 
disposed of in accordance with commission regulations.
(g) An agency emergency order, temporary order, or permit for discharge of any 
wastewater from a petroleum bulk station or terminal may supersede the 
provisions of this rule.  
(h) Small PBSTs, may be exempt from registration if there is no discharge of 
facility wastewater and if storm water pollution prevention measures are 
implemented to control storm water runoff, contact storm water run-on, and 
potential leaks or spills from the tanks and ancillary facilities. Storm water 
pollution prevention measures shall include, at a minimum, a diked  or curbed 
perimeter surrounding the tank area and ancillary facilities to  contain contact 
storm water runoff and any potential leaks or spills.
(i) If the executive director denies a registration application under this 
subchapter, the facility must obtain a permit pursuant to the Texas  Water Code, 
Chapter 26.  sec.321.233. Active Permits.   PBSTs that are currently  operating 
under a valid agency wastewater discharge permit may apply for registration  of 
these operations prior to the expiration date of the permit. Upon issuance  of 
the final registration, the executive director shall void the permit. This  
subchapter does not prevent the executive director from denying a registration  
or registration application and requiring the facility to have a permit.

sec.321.234.Certificate of Registration and Public Notice.
(a) An applicant must apply for registration on a form approved by the executive 
director. A completed application shall be submitted to the  agency's Wastewater 
Permits Section (MC 148). Before issuing a certificate of registration, the 
executive director will review the application to determine whether the facility 
operations meet the requirements of sec.321.235 of this title (relating to 
General Requirements for Discharge) and sec.321.236 of this title (relating to 
Specific Requirements for Discharge).  
(b) The executive director may take action on an application to issue a 
certificate of registration, provided:  
(1) At least 30 days prior to approving an application and issuing the 
certificate of registration, notice of the application has been provided by the 
applicant, at the applicant's cost:  
(A)  in a newspaper regularly published and generally circulated within the 
county and area wherein the proposed facility and discharge is to be located;  
(B)  in writing by certified mail (return receipt requested) to the county judge 
of the county in which the facility is to be located and  also when the facility 
is to be located within the jurisdictional boundaries of a city or town, to the 
mayor of that city or town; and  
(C)  the notices of application are provided in a format approved by the 
commission and shall fairly set forth the substance of the application and 
proposed action, including but not limited to, the general location of any point 
of discharge, the method of obtaining additional information about the 
application, and the method for submitting comment on the application.
(2) With any application for a registration, submitted pursuant to this 
subchapter, the applicant shall also provide proof to the executive director 
that public notice was provided in accordance with paragraph (1) of this 
subsection. The proof shall be provided within 14 days of obtaining the 
following information, which shall consist of:  
(A)  a signed affidavit from the publisher acknowledging that the notice was 
published, indicating the date of publication, and providing a copy of the 
newspaper clipping; and  
(B)  a sworn statement from the applicant that written notice was mailed to the 
appropriate entities, identified in this subsection, along with a copy(s) of the 
return receipt acknowledgment from the U.S. Postal Service.   
(3) The application, including the material required by paragraph (2) of this 
subsection, shall be mailed to the agency's Wastewater Permits Section (MC 148). 
The application shall undergo review by the executive director following the 
determination that notice requirements of this section are met.  
(4) Any pertinent comments received by the executive director prior to the end 
of the 30-day period, after all the notices have been provided, will be 
considered as a part of any decision of approval, denial, or modification of a 
request for registration from an applicant. The executive director shall mail 
notice of the final decision to the applicant and to any other person who 
submitted comments on the application.  
(c) The public notice provisions of this section do not apply to a facility 
which is operating under an agency wastewater discharge permit if the facility 
applies for registration prior to the expiration date of the  permit.  
(d) Public notice provisions of this section do not apply to an existing 
facility which is not operating under an agency wastewater discharge permit if 
an application for registration is received by the executive director within 365 
days after the date this rule takes effect.  
(e) For existing facilities that do not hold a valid agency wastewater discharge 
permit and are not authorized to discharge by an emergency order or temporary 
order, an application for registration or an application for an agency 
wastewater discharge permit must be submitted within 365 days after the date 
this rule takes effect.

sec.321.235.General Requirements for Discharge.
(a) Only contact storm water, facility wastewater, and treated facility 
wastewater which meet the requirements of this subchapter, including the 
effluent limitations specified in sec.321.236 of this title  (relating to 
Specific Requirements for Discharge) may be discharged into water in the state.  
(b) Facility wastewater and contact storm water shall be treated when necessary 
to conform to effluent discharge limitations, including reductions of total 
petroleum hydrocarbons, benzene, BTEX, lead, and other possible pollutants  and, 
if necessary, adjustment of pH.  
(c) Disposal of solid waste shall be in accordance with Chapter 361 of the Texas 
Health and Safety Code.  
(d) The discharge shall not cause any nuisance conditions.
(e) The discharge shall not be acutely toxic to aquatic life, as described in 
Chapter 307 of this title  (relating to Texas Surface Water Quality Standards).  
(f) The facility shall take all steps necessary to prevent any adverse effects 
upon human health or safety, or to the environment. Any facility authorized 
under this subchapter shall comply with the following:
(1) The registrant shall report any noncompliance (to include any unauthorized 
discharges or overflows) with the requirements of this subchapter which may 
endanger human health or safety or the environment. Report of such information 
shall be provided orally to the agency's Regional Office within 24 hours of 
becoming aware of the noncompliance. A written submission of such  information 
shall also be provided to the agency's Regional Office and to  the agency's 
Water Section, Enforcement Division  (MC 149), within five working  days of 
becoming aware of the noncompliance. The written submission shall  contain a 
description of the noncompliance and its cause; the potential danger  to human 
health or safety, or the environment; the period of noncompliance, including 
exact dates and times; if the noncompliance has not been corrected, the 
anticipated time it is expected to continue; and, steps taken or planned to 
reduce, eliminate, and prevent recurrence of the noncompliance, and to mitigate 
its adverse effects.  
(2) Any noncompliance which is greater than 40% of the authorized effluent 
limitations as expressed in sec.321.236(a) of this title  (relating to Specific 
Requirements for Discharge) shall be reported in writing  to the agency's 
Regional Office and to the agency's Water Section, Enforcement  Division (MC 
149), within five working days of becoming aware of the condition.   
(g) The registrant must notify the executive director, in writing, of any change 
in control or ownership of facilities, or any expansion of facilities  
authorized under this subchapter. The applicant must send the notification  to 
the agency's Wastewater Permits Section (MC 148).  
(h) The executive director may deny an application for registration on the 
following grounds: the potential or actual adverse impact on or close proximity 
to, a public park, school, recreational area, spring, water supply well, surface 
water supply intake, water treatment plant intake, potable water  storage 
facility or sewage treatment plant. In making such determination, the executive 
director may also consider other factors necessary to carry out its powers and 
duties under the Texas Water Code and other laws of the state.  

sec.321.236.Specific Requirements for Discharge. 
(a) Facilities regulated under this rule are authorized to discharge facility 
wastewater, treated facility wastewater, and contact storm water from point 
sources in accordance with the following maximum limitations and monitoring 
requirements. 
Figure 1: 30 TAC sec.321.236(a)
(b) The pH of the discharge shall not be less than 6.0 standard units nor 
greater than 9.0 standard units and shall be monitored once per week (*1) by 
grab sample.  
(c) There shall be no discharge of floating solids or visible foam in other than 
trace amounts and no discharge of visible oil.  
(d) Monitoring and reporting requirements for lead are suspended if none of the 
substances stored at the facility include refined petroleum products or 
petroleum fuels containing lead or lead additives. If at a later date refined 
petroleum products or petroleum fuels containing lead or lead additives are 
stored, then monitoring and reporting requirements for lead are resumed.  
(e) All discharges from petroleum bulk stations and terminals shall comply with 
sec.319.22 of this title (relating to Quality Levels-Inland Waters) or shall 
comply with sec.319.23 of this title (relating to Quality Levels-Tidal Waters). 

sec.321.237.Sampling, Reporting, and Recordkeeping. 
(a) Unless otherwise specified in this subchapter, sampling and laboratory test 
methods shall comply with procedures specified in sec.319.11 of this title 
(relating to Sampling and Laboratory Testing Methods).  
(b) Results of monitoring of each constituent specified in sec.321.236 of this 
title (relating to Specific Requirements for Discharge) shall be reported by the 
registrant to the executive director on the Petroleum Bulk Stations and 
Terminals Report form approved by the executive director. Monitoring results 
shall be reported to the executive director in accordance with the following 
schedule. 
Figure 1: 30 TAC sec.321.237(b) 
(c) The registrant shall maintain results of monitoring of each constituent 
specified in sec.321.236 of this title (relating to Specific Requirements For 
Discharge) or the equivalent information shall be maintained for a minimum of 
three (3) years and shall make these results readily available for review upon 
request. The registrant authorized under the terms of this subchapter shall 
maintain records of the process control, maintenance activities, and solids 
disposal to include at a minimum: volume and dates on which solids were removed, 
identity of any transporter, location and identity of any solids disposal site, 
and method of final disposal. This information shall be maintained for a minimum 
of three years and shall be readily available for review upon request. 

sec.321.238.Restrictions.
(a) This rule does not convey property rights  or grant any exclusive privilege.  
(b) Nothing in this rule shall be construed to authorize any injury to persons 
or property, or an invasion of other property rights, or any infringement of 
state or local law or regulations.  
(c) Separate authorizations may be required by the executive director, 
municipalities, or other agencies for discharges to publicly owned treatment 
works, domestic sewage plants, storm water sewers, or for air emissions. 

sec.321.239.Enforcement and Revocation.
If any registrant or facility regulated by this subchapter fails to comply with 
the terms of this subchapter, the executive director may take enforcement action 
as provided by the Texas Water Code and in accordance with  Chapter 337 of this 
title (relating to Enforcement). The executive director may revoke any 
registration granted to a registrant or facility due to noncompliance with the 
requirements of this subchapter, after notice to the registrant and  opportunity 
for hearing, and such registrant shall cease any discharge until  such time as 
the facility is issued a wastewater discharge permit, an emergency  order, or 
temporary order as provided by Chapter 305, Subchapter B, of this  title 
(relating to Consolidated Permits) for the discharge of wastewater into  or 
adjacent to water in the state. The executive director may require a small  PBST 
defined as exempt from registration under sec.321.232(h) of this title  
(relating to Purpose and Applicability) to register under the terms of this  
subchapter if an exempt facility is causing water pollution that could be  
avoided through compliance with the requirements of this subchapter. 

sec.321.240.Annual Waste Treatment Fee.  
(a) In accordance with sec.sec.305.501-305.507 of this title (relating to Waste 
Treatment Inspection Fee Program), registrants authorized to discharge to 
surface waters from petroleum bulk stations and terminals under the requirements 
of this subchapter shall remit to the commission an annual waste treatment fee.  
(b) The fee assessed annually shall be in accordance with the following fee rate 
schedule:  
(1) for any active facility, the fee shall be $500, as determined by either the 
information specified on the application for registration or on the Petroleum 
Bulk Stations and Terminals Report form submitted during the calendar year.  
(2) for any inactive facility, the fee shall be $250.
(3) any increased assessment above the amounts in paragraphs (1) or (2) of this 
subsection shall be in accordance with regulations adopted by the commission.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on June 26, 1996.
TRD-9609545
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: July 26, 1996
Proposal publication date: January 5, 1996
For further information, please call: (512) 239-4640

SUBCHAPTER N.Handling of Wastes From Commercial Facilities Engaged in Livestock 
Trailer Cleaning
30 TAC sec.sec.321.251-321.259   
The new sections are adopted under the authority of the Texas Water Code, 
sec.sec.5.103, 5.105 and 5.120, which provides the commission with the authority 
to promulgate rules as necessary to carry out its powers and duties under the 
Texas Water Code and other laws of the state and to establish  and approve all 
general policies of the commission.

sec.321.252.Definitions.
The following words and terms used in this subchapter shall have the following 
meanings unless the context clearly indicates otherwise. 
Agronomic Rate-The wastewater application rate designed:  
(A) to provide the amount of nitrogen needed by the crop or vegetation grown on 
the land; and 
(B) to minimize the amount of nitrogen in the wastewater that passes below the 
root zone of the crop or vegetation grown on the land to the ground water. 
Edwards Aquifer-That portion of an arcuate belt of porous, water-bearing 
limestones composed of the Comanche Peak, Edwards, and Georgetown formations 
trending from west to east to northeast through Kinney, Uvalde, Medina, Bexar, 
Comal, Hays, Travis, and Williamson Counties. (See Chapter 313 of this title 
relating to Edwards Aquifer.)
Existing Facilities-Commercial livestock trailer cleaning facilities in active 
operation prior to January 5, 1996.
Facility Wastewater-Any livestock trailer cleaning wastewater collected for 
treatment and disposal at a commercial facility, in accordance with the 
requirements of this subchapter. 
Grab Sample -An individual sample collected in less than 15 minutes.
Livestock Trailer Cleaning Facilities -Facilities which provide means to remove, 
contain, treat and dispose of wastes from livestock trailers. 
New Facilities-Commercial livestock trailer cleaning facilities not defined in 
this section as existing facilities. 
Publicly Owned Treatment Works or "POTW"-A treatment works owned by a state or 
municipality, which includes any device or system used in the storage, 
treatment, recycling, and reclamation of municipal sewage or industrial wastes 
of a liquid nature. This definition includes sewers, pipes or other conveyances 
only if they convey wastewater to a POTW providing treatment. This term also 
means the municipality which has jurisdiction over indirect discharges to and 
discharges from such a treatment works.
Recharge Zone-Generally, that area where the Edwards and associated limestones 
crop out in Kinney, Uvalde, Medina, Bexar, Comal, Hays, and Williamson Counties 
and the outcrops of other formations in proximity to the Edwards limestone, 
where faulting and fracturing may allow recharge of the surface waters to the 
Edwards Aquifer, and the area in Uvalde County within 500 feet of the Nueces, 
Dry Frio, Frio, and Sabinal Rivers downstream from the northern Uvalde County 
line to the recharge zone as otherwise delineated on official maps located in 
the offices of the commission and the Edwards Underground Water District. (See 
Chapter 313 of this title relating to Edwards Aquifer.) Registrant-An individual 
or entity authorized by the executive director to dispose of wastewater from 
commercial facilities associated with the handling of waste from livestock 
trailer cleaning under the terms and requirements of this subchapter.
Storm water-Storm water runoff, snow melt runoff, surface runoff, and drainage

sec.321.253.Purpose and Applicability.  
(a) The purpose of this subchapter is to regulate by rule the removal, 
containment, treatment and disposal of wastes occurring at commercial livestock 
trailer cleaning facilities. Certificates of registration issued under this 
chapter are subject to Chapter 50, Subchapter C of this title (relating  to 
Action by Executive Director). The requirements of this subchapter apply  to 
only those livestock trailer cleaning facilities that are described in  both 
paragraphs (1) and (2) of this subsection:  
(1) The facility is commercial. A facility is "commercial" if the owner or 
operator provides trailer cleaning services to other persons for profit, or 
provides such service in conjunction with other services.
(2) The facility utilizes evaporation ponds, storage pond(s) or other pond(s) 
with land application as a means of treatment and disposal.
(b) The requirements of this subchapter do not apply to other livestock trailer 
cleaning facilities.  
(c) A livestock trailer cleaning facility that is subject to the requirements of 
this subchapter must also comply with other commission rules, if applicable.  
(d) Executive director authorization by a registration issued pursuant to this 
subchapter is not required if untreated facility wastewater is either discharged 
or transported to a POTW which has a wastewater permit issued by the agency.  
(e) Notwithstanding subsection (a) of this section, a livestock trailer cleaning 
facility that is otherwise subject to the requirements of this subchapter, but 
which is a component of a feedlot or concentrated animal feeding operation 
regulated under the requirements of this Chapter or regulated by permit as 
provided by Chapter 305 of this title (relating to Consolidated Permits), is not 
subject to the requirements of this subchapter.  
(f) If the executive director denies a registration application under this 
subchapter, the facility must obtain a permit pursuant to the Texas  Water Code, 
Chapter 26.  
(g) New livestock trailer cleaning operations are prohibited from being 
registered under this rule when located on the Edwards Aquifer Recharge Zone. 
New livestock trailer cleaning operations located on the Edwards Aquifer 
Recharge Zone are required to submit an application for permit to the agency's 
Wastewater Permits Section (MC 148). 

sec.321.254. Certificate of Registration and Public Notice. 
(a) An applicant must apply for registration on a form approved by the executive 
director. A completed application shall be submitted to the  agency's Wastewater 
Permits Section (MC 148). Before issuing a certificate of registration, the 
executive director will review the application to determine whether the facility 
operations meet the requirements of sec.321.255 of this title (relating to 
General Requirements for Containment of Wastes and Pond(s)) and sec.321.256 of 
this title (relating to General Requirements for Land Application).  
(b) The executive director may take action on an application to issue a 
certificate of registration, provided:  
(1) At least 30 days prior to approving an application and issuing the 
certificate of registration, notice of the application has been provided by the 
applicant, at the applicant's cost:  
(A)  in a newspaper regularly published and generally circulated within the 
county and area wherein the proposed facility and discharge is to be located;  
(B)  in writing by certified mail (return receipt requested) to the county judge 
of the county in which the facility is to be located and  also when the facility 
is to be located within the jurisdictional boundaries of a city or town, to the 
mayor of that city or town; and  
(C)  the notices of application are provided in a format approved by the 
commission and shall fairly set forth the substance of the application and 
proposed action, including but not limited to, the general location of any point 
of discharge, the method of obtaining additional information about the 
application, and the method for submitting comment on the application.
(2) With any application for a registration, submitted pursuant to this 
subchapter, the applicant shall also provide proof to the executive director 
that public notice was provided in accordance with paragraph (1) of this 
subsection. The proof shall be provided within 14 days of obtaining the 
following information, which shall consist of:  
(A)  a signed affidavit from the publisher acknowledging that the notice was 
published, indicating the date of publication, and providing a copy of the 
newspaper clipping; and  
(B)  a sworn statement from the applicant that written notice was mailed to the 
appropriate entities, identified in this subsection, along with a copy(s) of the 
return receipt acknowledgment from the U.S. Postal Service.   
(3) The application, including the material required by paragraph (2) of this 
subsection, shall be mailed to the agency's Wastewater Permits Section (MC 148). 
The application shall undergo review by the executive director following the 
determination that notice requirements of this section are met.
(4) Any pertinent comments received by the executive director prior to the end 
of the 30-day period, after all the notices have been provided, will be 
considered as a part of any decision of approval, denial, or modification of a 
request for registration from an applicant. The executive director shall mail 
notice of the final decision to the applicant and to any other person who 
submitted comments on the application.  
(c) The public notice provisions of this section do not apply to a facility 
which is operating under an agency wastewater discharge permit if the facility 
applies for registration prior to the expiration date of the  permit.  
(d) Public notice provisions of this section do not apply to an existing 
facility which is not operating under an agency wastewater discharge permit if 
an application for registration is received by the executive director within 180 
days after the date this rule takes effect.  
(e) Livestock trailer cleaning facilities that are currently operating under a 
valid agency wastewater discharge permit may apply for registration  of these 
operations prior to the expiration date of the permit. Upon issuance  of the 
final registration, the executive director shall void the permit. This  
subchapter does not prevent the executive director from denying a registration  
application and requiring the facility to have a permit.
(f) An existing facility that does not hold a valid agency wastewater discharge 
permit must submit an application for registration or an application for a 
permit within 180 days after the date this rule takes effect.

sec.321.255.Requirements for Containment of Wastes and Pond(s).
(a) All livestock trailers shall be washed out on a concrete area which is 
adequately curbed and sloped to allow for containment of all solids and liquids 
removed from the trailers. Manure may be separated and allowed to dry in this 
contained concrete area. Wastewater containing solids shall be conveyed directly 
from the contained concrete area to the treatment or storage pond(s). The 
pond(s) may be designed to treat wastewater using evaporation, with or without 
the recycling of wastewaters, as the sole means of disposal or in conjunction 
with land application.  
(b) All pond(s) used for the retention of treated or untreated wastewater shall 
be adequately lined to control seepage. The following methods of pond lining are 
acceptable.  
(1) In-situ clay soils or placed and compacted clay soils meeting the following 
requirements:  
(A)  More than 30% passing a No. 200 mesh sieve;  
(B)  Liquid limit greater than 30%;  
(C)  Plasticity index greater than 15;  
(D)  A minimum thickness of two feet;  
(E)  Permeability equal to or less than 1x10-7 cm/sec (the requirements 
described in this subparagraph apply only to new ponds constructed or modified 
after the effective date of these regulations); and  
(F)  Soil compaction will be 95% standard proctor density at optimum moisture 
content (the requirements described in this subparagraph apply only to new ponds 
constructed or modified after the effective date of  these regulations).  
(2) Membrane lining with a minimum thickness of 30 mils, and an underdrain leak 
detection system.  
(3) An alternate method of pond lining may be utilized with prior approval from 
the executive director.  
(c) The registrant shall furnish certification by a Texas Registered 
Professional Engineer that the completed pond lining meets the appropriate 
criteria described in this section prior to utilization of the facilities. The 
certification shall be sent to the agency's Wastewater Permits Section (MC 148) 
and a copy to the appropriate agency Regional Office.  
(d) All wastewater retention ponds shall be operated in such a manner as to 
maintain a minimum freeboard of two feet and shall be monitored in each pond by 
use of an in-place gage. Gage measurements of freeboard shall be taken from each 
pond on each day that trailer cleaning services are provided, and the 
measurements shall be recorded. These records shall be maintained for a minimum 
of three years and shall be readily available for inspection by commission 
staff.  
(e) All waste containment structures or ponds must be constructed to comply with 
minimum distance requirements specified in sec.290.41 of this title (relating to 
Water Sources) and with the minimum distance requirements specified in 
sec.338.43 of this title (relating to Location of Dewatering, Monitoring, 
Domestic, Industrial, Injection and Irrigation Wells).  
(f) All waste containment structures or ponds must be protected from inundation 
by a 10-year, 24-hour rainfall event. 

sec.321.256.General Requirements.
(a) If land application is utilized for disposal of waste or wastewater, the 
following requirements shall apply:  
(1) Utilization and disposal methods.  
(A)  Liquid and solid waste shall be distributed on agricultural lands so that 
neither the waste nor rainfall runoff discharge into water in  the state.  
(B)  When irrigation disposal of wastewater is used, tailwater facilities shall 
be provided as necessary to prevent the release of applied wastewater to water 
in the state.  
(C)  Disposal of waste and wastewater shall be conducted in such a manner as to 
prevent nuisance conditions such as odors and flies.
(D)  Wastewater shall not be irrigated when the ground is frozen or saturated or 
during rainfall events.  
(2) Application rates. Liquid and solid waste or wastewater shall be applied in 
such concentrations and application to the soil shall be made at an agronomic 
rate suitable to the crop being grown, so as to not inhibit the growth of crops 
or forage or result in wastewater runoff.  
(3) Management of wastes. Collection, storage, and disposal of liquid and solid 
waste or wastewater shall be carried out in accordance with recognized practices 
of good agricultural management.  
(b) All solid waste materials stockpiled or retained on-site shall be isolated 
from all run-on storm water by dikes, terraces, berms, ditches,  or other 
similar structures and shall be maintained so as to retain all rainfall  which 
comes into contact with the stockpiled solid waste material.
(c) The facility shall take all steps necessary to prevent any adverse effects 
upon human health or safety, or to the environment. Any facility authorized 
under this subchapter shall report any noncompliance (including  any 
unauthorized discharges or overflows) pursuant to the requirements of  this 
subchapter which may endanger human health or safety or the environment. Report 
of such information shall be provided orally to the agency's Regional Office 
within 24 hours of becoming aware of the noncompliance. A written submission  of 
such information shall also be provided to the agency's Regional Office  and to 
the agency's Water Section, Enforcement Division (MC 149), within five  working 
days of becoming aware of the noncompliance. The written submission  shall 
contain a description of the noncompliance and its cause; the potential  danger 
to human health or safety, or the environment; the period of noncompliance,  
including exact dates and times; if the noncompliance has not been corrected,  
the anticipated time it is expected to continue; and, steps taken or planned  to 
reduce, eliminate, and prevent recurrence of the noncompliance, and to  mitigate 
its adverse effects.  
(d) The executive director must be notified, in writing, of any change in 
control or ownership of facilities, or any expansion of facilities authorized 
under this subchapter. The applicant must send the notification to the agency's 
Wastewater Permits Section (MC 148).  
(e) The executive director may require a facility which seeks authorization 
under this subchapter to apply for and obtain an agency permit. The executive 
director may declare that an application for permit must be submitted pursuant 
to the Texas Water Code, Chapter 26. In making such a determination,  the 
executive director may consider such factors as necessary to carry out  its 
powers and duties under the Texas Water Code and other laws of the State.   
(f) The registrant authorized under the terms of this subchapter shall maintain 
records of the process control, maintenance activities, and solids disposal to 
include at a minimum: volume and dates on which solids were removed from the 
facility, identity of any transporter, location and identity of any solids 
disposal site, and method of final disposal. This information  shall be 
maintained for a minimum of three years and shall be readily available  for 
review upon request.  
(g) The executive director may deny an application for registration on the 
following grounds: the potential or actual adverse impact on, or close proximity 
to, a public park, school, recreational area, spring, water supply well, surface 
water supply intake, water treatment plant intake, potable water  storage 
facility or sewage treatment plant. In making such determination, the executive 
director may also consider other factors, as necessary to carry out its powers 
and duties under the Texas Water Code and other laws of the state. 

sec.321.257. Restrictions.
(a) This rule does not convey property rights or grant any exclusive privilege.  
(b) Separate authorizations may be required by the executive director, 
municipalities, or other agencies for discharges to domestic sewage plants, 
storm water sewers, or for air emissions.  
(c) Nothing in this rule shall be construed to authorize any injury to persons 
or property, or an invasion of other property rights, or any infringement of 
state or local law or regulation.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal  authority. 
Issued in Austin, Texas, on June 26, 1996.
TRD-9609544
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: July 26, 1996
Proposal publication date: January 5, 1996
For further information, please call: (512) 239-4640