PROPOSED RULES
Before an agency may permanently adopt a new or amended section or repeal an 
existing section, a proposal detailing the action must be published in the Texas 
Register at least 30 days before action is taken. The 30-day time period gives 
interested persons an opportunity to review and make oral or written comments on 
the section. Also, in the case of substantive action, a public hearing must be 
granted if requested by at least 25 persons, a governmental subdivision or 
agency, or an association having at least 25 members.
Symbology in proposed amendments. New language added to an existing section is 
indicated by the use of bold text. [Brackets] indicate deletion of existing 
material within a section.

TITLE 16. ECONOMIC REGULATION
PART I. Railroad Commission of Texas
CHAPTER 3. Oil and Gas Division
Conservation Rules and Regulations
16 TAC sec.3.31
The Railroad Commission of Texas proposes an amendment to sec.3.31 regarding gas 
reservoirs and gas well allowable. The proposed amendments relieve an 
unnecessary regulatory burden on marginal gas wells by exempting them from 
proration under certain circumstances. 
Larry G. Borella, Oil and Gas Section Assistant Director, Office of General 
Counsel, has determined for each year of the first five years the section is in 
effect, the public benefit anticipated as a result of adopting this amendment 
will be the economic benefit associated with reduced reporting to the commission 
and lowered cost of administrating the proration system. 
Rita E. Percival, planner for the Oil and Gas Division, has determined that for 
the first five-year period the proposed rule revision will be in effect, there 
will be fiscal implications as a result of enforcing or administering it. The 
effect on state government for the first five-year period sec.3.31 will be in 
effect is an estimated cost of $728 for computer program revisions for fiscal 
year 1997 and no cost for the fiscal years 1998 through 2001. There will be no 
fiscal implications for local government. There will be no cost of compliance 
with the proposed rule revision for small businesses as a result of enforcing or 
administering it. In fact, there may be some reduction in cost to operators due 
to reduced reporting requirements and correspondence with the commission. 
Comments may be submitted to Larry Borella, Assistant Director, Office of 
General Counsel, Railroad Commission of Texas, P. O. Box 12967, Austin, Texas 
78711-2967. In addition to comments on the proposed amendment, the commission 
will also accept comments on the following alternate language for subsection 
(g)(5)(B) that was considered, but rejected:
In fields where special field rules have been adopted and no well has a current 
reported deliverability test of greater than 250 MCF a day, the Commission staff 
will presume that the criteria of paragraph (1) of this subsection are satisfied 
and the allocation formula shall be suspended administratively if each of the 
operators and first purchasers in the field have been given at least 21 days 
notice of intent to suspend the allocation formula and no protest is made. The 
presumption may be rebutted in the manner provided by paragraphs (3) or (4) of 
this subsection.
Commission staff's belief that operators in a field should take the first step 
and be the moving party to take a field with special field rules to exempt 
status under a statewide rule and believes notice to first purchasers is not 
needed is reflected in the proposed amendments. The alternative language would 
effectively change special field rules without express affirmation from the 
operators in the field. Comments will be accepted for 30 days after publication 
in the Texas Register. For further information, please call Larry Borella at 
(512) 463-6924. 
This amendment is proposed under the Texas Natural Resources Code 
sec.sec.81.051, 81.052, 85.055, 85.201 - 85.202, 86.011, 86.012, 86.041, 86.042, 
86.081, 86.083 - 86.090, 111.083, 111.090 and 111.133 which provide the Railroad 
Commission of Texas with the authority to adopt rules for the following 
purposes: to govern and regulate persons and their operations under the 
jurisdiction of the Railroad Commission; to determine the status of gas 
production from all gas reservoirs; to distribute, prorate and apportion 
allowable production; to determine the lawful market demand for gas to be 
produced from each reservoir; to adjust correlative rights and opportunities; to 
determine the daily allowable production for each gas well; to effectuate the 
provisions and purposes of Chapter 86 of the Natural Resources Code; and to 
conserve and prevent waste of gas. 
The following is the statute, article, or code affected by the proposed 
amendment: Chapter 86, Texas Natural Resources Code. 

sec.3.31. Gas Reservoirs and Gas Well Allowable.
(a)-(e) (No change.)
(f) Fields operating under statewide rules<nl>.<ol>
[(1)] A statewide prorated field is any gas field in which no special field 
rules have been adopted and in which at least one well in the field has a 
current reported deliverability test of greater than <nl>250<ol> [200] Mcf a 
day. Daily allowable production of gas from individual wells in a statewide 
prorated field shall be determined by allocating the allowable production among 
the individual wells in the proportion that each well's deliverability (based on 
the latest deliverability test of record) bears to the summation of the most 
recent reported deliverability tests of all wells producing from the same field. 
Allocated allowables shall be subject to the well capability provisions of this 
section. 
[(2) A statewide exempt field is any gas field in which no special field rules 
have been adopted and in which no well in the field has a current reported 
deliverability test of greater than 200 Mcf a day. Wells in statewide exempt 
fields shall be assigned allowables equal to their capability to produce but in 
no event greater than 200 Mcf a day.] 
(g) Definitions of prorated and nonprorated wells and fields.
(1)-(4) (No change.) 
<nl>(5)<ol> <nl> Statewide Exempt Fields<ol>
<nl>(A)<ol> <nl>A statewide exempt field is any gas field in which no special 
field rules have been adopted and in which no well in the field has a current 
reported deliverability test of greater than 250 Mcf a day. Wells in statewide 
exempt fields shall be assigned allowables equal to their capacity to 
produce.<ol> 
<nl>(B)<ol> <nl>In fields where special field rules exist and no well has a 
current deliverability test of greater than 250 Mcf per day, an operator may 
request statewide exempt field status. The request may be granted 
administratively by the commission or commission designee if the applicant 
provides the commission with a declaration, signed by all operators, subject to 
the false filing penalties provided for in the Texas Natural Resources Code, 
sec.91.143, stating all operators in the field agree to exempt status. Wells in 
exempt fields with special rules shall be assigned allowables equal to their 
capability to produce but in no event greater than 250 Mcf per day. If 250 Mcf 
per day is exceeded by any well, the field will be changed to the existing 
special field rule allocation. Reinstatement of allocation formula may be 
initiated by the commission designee, or by one of the operators in the field. 
If the commission or commission designee declines to grant any request 
administratively, the applicant may request a hearing.<ol>
<nl>(6)<ol> [(5)] A limited well is a nonprorated well in a prorated field 
(other than a special or administrative special allowable well) with an 
allowable set below the maximum allowable it would receive under the allocation 
formula. A limited well shall be assigned an allowable at the rate that the well 
is capable of producing as determined by subsection (e) of this section.
<nl>(7)<ol> [(6)] A special allowable well is a nonprorated well granted a fixed 
allowable by the commission after notice and hearing.
<nl>(8)<ol> [(7)] An administrative special allowable well is a nonprorated well 
that has been granted an allowable pursuant to subsection (k) of this section.
<nl>(9)<ol> [(8)] The maximum allowable for a well is the largest allowable that 
can be assigned under applicable rules. For a limited well, the maximum 
allowable is the allowable the well would receive under the allocation formula. 
For a special allowable well, the maximum allowable is the allowable assigned 
pursuant to paragraph <nl>(7)<ol> [(6)] of this subsection. For administrative 
special allowable wells, the maximum allowable is 100 Mcf/day for wells 
qualifying as administrative special wells under subsection (k)(1) of this 
section and is the allowable the well would receive under the allocation formula 
for wells qualifying as administrative special allowable wells under subsection 
(k)(2) of this section. For a well in a one well field, the maximum allowable is 
the well's deliverability based on the latest deliverability test of record. For 
an associated gas well, the maximum allowable is the gas well allowable 
calculated by sec.3.49(b)(1) or (2) of this title (relating to gas-oil ratio). 
(h)-(k) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt. 
Issued in Austin, Texas, on December 30, 1996.
TRD-9618713
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: February 10, 1997
For further information, please call: (512) 463-7008

CHAPTER 9. Liquefied Petroleum Gas Division
The Railroad Commission of Texas proposes the repeal of sec.sec.9.231 - 9.247, 
relating to identification of approved appliances; installation of appliances; 
automatic shut-off devices; room heaters in public building; provision for 
combustion air; open flame appliances; testing appliances; appliances made for 
venting; appliance connectors; water heaters; appliance repairs and conversions; 
venting of appliances definitions; minimum safe performance; appliances to be 
vented and approved venting systems; maximum unvented BTU input; installation; 
and power venting. The sections proposed to be deleted are in existing 
subchapter D, titled LP-gas appliances and appurtenant equipment, which is being 
renamed to "Adoption by Reference of NFPA 54 (type-name="italic"> National Fuel 
Gas Code<ol>) and NFPA 501C (type-name="italic">Standard on Recreational 
Vehicles<ol>) and Adopted Exceptions to NFPA 54." 
In addition, the Commission proposes the repeal of sec.sec.9.951 - 9.965, 
relating to low pressure-high pressure piping; piping installation 
identification; specifications for approved low pressure piping or tubing 
materials; underground corrosion protection; piping layout; joining methods; 
drainage and drips; piping support; exterior piping; joint compound; bending 
pipe; cap outlets; pressure test of piping; specifications for approved high 
pressure piping materials; and joining of high pressure piping. The proposed 
repeal of these sections will remove all rules from existing subchapter L, 
relating to LP-gas piping and piping systems; therefore, the Commission proposes 
to redesignate subchapter L as being reserved for future use. 
The Commission also proposes the repeal of sec.sec.9.1651, 9.1653 - 9.1666, and 
9.1668 - 9.1695, relating to applicability of subchapter S; quality of design 
and installations of gas systems and equipment; LP-gas container working 
pressure; maximum container capacities; location and mounting of LP-gas 
containers; securing of LP-gas containers; shielding of LP-gas containers from 
heat of internal combustion engine exhaust system components; ventilation and 
labeling of compartments containing LP-gas cylinders; securing LP-gas container 
housings; LP-gas container appurtenances; valves for multiple LP-gas container 
assembly systems; automatic stop fill devices; protection of LP- gas container 
valves; LP-gas regulators; LP-gas excess flow valves; maximum vapor pressure; 
gas piping system materials; gas piping design; gas pipe sizing; joint 
materials; routing and protection of tubing and piping; location of supply 
connections; LP-gas supply connectors; high-pressure LP-gas connections; low- 
pressure LP-gas connections; appliance connections; gas shutoff valves; gas 
inlet cap; prohibiting use of gas piping as electrical ground; gas pipe hangers 
and supports; testing for gas leakage; gas appliances; venting requirements; 
installation of internal combustion engine generators; marking of appliances; 
location of appliances; clearances of heat-producing appliances; sizing and 
materials of supply ducts; sizing, materials, and openings of return air ducts; 
air duct joints and seams; air conditioning (other than automotive-type); 
required information; and required labels and identification plates. The 
proposed repeal of these sections in existing subchapter S, entitled 
installation or repair of LP-gas containers, piping or appliances in 
recreational vehicles, will remove all rules from that subchapter; therefore, 
the Commission proposes to redesignate subchapter S as being reserved for future 
use. 
The Commission also proposes the repeal of sec.sec.9.456, 9.469, 9.470, and 
9.927, relating to regulator relief valves; venting regulators; draining 
condensate; and Appendix G: flow of LP-gas through fixed orifices. These 
sections are proposed for repeal because the requirements are included in NFPA 
54. Section 9.456 relates to design criteria, which is an activity of 
manufacturers, not of licensees. Section 9.469 corresponds to NFPA 54, 
sec.2.8.4(2) and (3), while sec.9.470 corresponds to NFPA 54, sec.1.6.2. The 
chart in sec.9.927 is found in NFPA 54, Appendix F. 
The Commission simultaneously proposes, in newly designated subchapter D, new 
sec.9.251, relating to adoption by reference of NFPA 54 and NFPA 501C, and 
certain other NFPA publications; new sec.9.254 relating to clarification of 
certain terms used in NFPA 54 and 501C; new sec.9.257, relating to exclusion of 
NFPA 54, sec.6.31; new sec.9.260, relating to room heaters used in buildings; 
new sec.9.263, relating to identification of converted appliances; new 
sec.9.266, relating to identification of piping installation; new sec.9.269, 
relating to special exceptions for agricultural and industrial structures 
relating to appliance connectors and piping support; sec.9.272, relating to 
certification requirements for joining methods; and new sec.9.275, relating to 
high pressure gas piping or tubing. 
In addition, the Commission proposes amendments to existing sec.sec.9.1, 9.2, 
and 9.174, relating to application of rules, severability, and retroactivity; 
definitions; and hose specifications. The amendments in sec.9.1 are proposed to 
correct and clarify the existing and new subchapter titles; in sec.9.2, the 
Commission proposes to delete the definition of corrugated stainless steel 
tubing (CSST) because it is included in the NFPA 54 definitions. The definitions 
of high pressure gas piping or tubing, and low pressure gas piping or tubing are 
proposed to be amended to conform to the requirements for these in NFPA 54. The 
proposed amendment to sec.9.174 deletes subsection (f) because the requirements 
are covered in NFPA 54. 
The Commission proposes these actions to repeal outdated or incomplete rules and 
to replace them with the National Fire Protection Association's National Fuel 
Gas Code (commonly referred to as "NFPA 54"), a nationally-recognized standard 
adopted in whole or in part by most other states in the United States, and NFPA 
501C, Standard for Recreational Vehicles, also a nationally-recognized standard. 
The Commission proposes to adopt NFPA 54 and 501C in new sec.9.251, with certain 
exceptions and clarifications described in proposed new rules sec.sec.9.254, 
9.257, 9.260, 9.263, 9.266, 9.269, 9.272, and 9.275. The proposed simultaneous 
repeal of the existing sections in subchapters D, L, and S, and adoption of NFPA 
54 and 501C will establish consistent requirements for Texas licensees with most 
other states in the United States. The adoption by reference will incorporate 
the 1996 editions of NFPA 54 and 501C. 
The Commission also proposes to adopt by reference all other NFPA publications 
or portions of those publications referenced in NFPA 54 which apply to LP-gas 
activities only. In other words, if other LP-gas activities are to be performed 
by a licensee and those activities are included in an NFPA publication 
referenced in NFPA 54 or 501C, then the licensee shall perform those activities 
in compliance with the referenced document. For example, sec.6.2.6 of NFPA 54 
refers to another NFPA publication, NFPA 37, Standard for the Installation and 
Use of Stationary Combustion Engines and Gas Turbines. Licensees who will be 
performing that type of work shall also be required to purchase that NFPA 
publication and perform the work to those standards. 
The Commission proposes an effective date of June 1, 1997, for the 
implementation of the adoption by reference. This will allow sufficient time for 
submission and review of comments, preparation of the rules for final adoption, 
printing and distribution of new rulebooks, and training of Commission staff. As 
of the effective date, Commission examinations and review materials will include 
information from NFPA 54 and 501C. 
The adoption by reference of NFPA 54 will affect only licensees with Category D, 
E, K, and N licenses, which is approximately 1,739 of the 2,328 total number of 
licensees (there are 1,009 Category D, general installers and repairmen, 
licensees; 724 Category E, wholesale/retail dealers, licensees; one Category K, 
distribution system, licensee; and five Category N, manufactured housing 
installer and repairmen, licensees). The activities authorized by these licenses 
include activities relating to LP-gas piping and piping systems, and appliances 
and appurtenant equipment, activities which are addressed in NFPA 54. The 
adoption by reference of NFPA 501C will affect approximately 90 Category M, 
recreational vehicle installers and repairmen, licensees. Other categories of 
licenses authorize other LP-gas activities not addressed in NFPA 54 or 501C; 
these licensees should not be affected by this proposal. 
NFPA 54 was reviewed by the Commission's appointed NFPA 54 task force, which 
consists of members of the LP-gas industry from all areas of the state, and 
which met twice to review NFPA 54 and discuss whether any exceptions would be 
necessary for Texas. The specific sections of NFPA 54 which are proposed to be 
amended by Commission rule were identified and approved by the task force. The 
proposal has also been reviewed by the Commission's LP-gas advisory committee. 
Current Commission rules proposed to be repealed specify requirements for 
appliances and low and high pressure piping, including identification, 
installation, maintenance and testing, and also requirements regarding 
recreational vehicles. While the current rules are adequate to ensure safety for 
the general public, NFPA 54 and 501C address these activities with greater 
specificity and detail. The proposed adoption by reference of NFPA 54 and 501C 
would provide more specific requirements for the LP-gas industry in Texas, and 
ultimately improve safety for the general public. Because NFPA 54 and 501C have 
been adopted in whole or in part by most other states in the United States, the 
Texas LP-gas industry would benefit from its adoption because Texas companies 
would be held to the same standards when doing business in other states; 
therefore, LP-gas companies wishing to expand their businesses between other 
states would have a better opportunity to do so. 
There are some sections in NFPA 54 and 501C for which the Commission proposes to 
adopt alternative or additional language, or which the Commission chooses not to 
adopt. In particular, proposed new rule sec.9.254 defines the "authority having 
jurisdiction," a phrase used throughout NFPA publications, including both NFPA 
54 and 501C, to be the Railroad Commission of Texas. This language is proposed 
to identify the Commission as the "authority having jurisdiction" because the 
Commission has statutory authority over LP-gas safety matters in Texas. The 
proposed section also further defines the NFPA 54 term "qualified agency" to 
include a licensee or a homeowner in certain situations, as provided for in 
sec.9.177 (relating to connecting container to unapproved piping) of the 
Commission's LP-gas safety rules. 
Proposed new sec.9.257 indicates a section of NFPA 54 which the Commission 
declines to adopt. NFPA 54, sec.6.31 is not proposed for adoption because the 
Commission has its own adopted rules relating to CNG activities, at 16 TAC 
sec.13.1, et seq. 
Proposed new sec.9.260 describes current Commission requirements (in sec.9.234, 
relating to room heaters in public buildings) which are not specifically 
addressed in NFPA 54 with regard to room heaters in public buildings. Proposed 
new sec.sec.9.263 and 9.266 clarify NFPA, sec.5.1.3, to make it consistent with 
other referenced Commission rules regarding identification tags or decals; this 
language will help prevent duplication of identification tags or decals used for 
several different purposes. 
Proposed new sec.9.269 allows exceptions not found in NFPA 54 but previously 
adopted by the Commission (in sec.sec.9.239 and 9.958, relating to appliance 
connectors and piping support, respectively) for very specific uses of LP-gas in 
agricultural or industrial structures. Proposed new sec.9.272 describes 
certification requirements for individuals working with heat- fusion methods. 
These requirements are in the Commission's current rule sec.9.956 relating to 
joining methods, which is being renumbered to conform to the new numbering. 
Proposed new sec.9.275 includes text currently in Commission rules 
sec.sec.9.951(b), 9.964 and 9.965, relating to low pressure- high pressure 
piping, specifications for approved high pressure piping materials, and joining 
of high pressure piping. These sections are proposed to be repealed in order to 
be renumbered; the text is being moved to new sec.9.275. These requirements are 
being retained because they address high pressure piping, which is not included 
in NFPA 54. 
The adoption by reference of NFPA 54 will necessitate some Commission rulemaking 
in the future. Secretary of State rules, 1 TAC sec.sec.91.41 and 91.42, state 
that an adoption by reference must incorporate the document being adopted as it 
exists on the date of adoption. NFPA amends 54 approximately every four years, 
with the next republication to be in the year 2000, although NFPA occasionally 
adopts interim amendments. If NFPA changes 54 or adopts an interim amendment and 
the Commission wants to incorporate those changes into the requirements for 
Texas, then the Commission will have to re-adopt the new language or edition in 
order for the changes to be effective. Likewise, if NFPA changes any of the 14 
other NFPA documents referenced in NFPA 54 between now and the year 2000, for 
instance, then the Commission will have to adopt the changes in those particular 
editions for them to become effective. If the Commission waits until the year 
2000 to re-adopt NFPA 54, then the referenced documents that are changed between 
now and then will not become effective until the year 2000. For this reason, 
proposed new sec.9.251(b)(1)-(14) separately lists the 14 pamphlets referenced 
in NFPA 54 and the date of the edition being adopted. If the Commission wishes 
to adopt different editions of any of these referenced pamphlets, then only a 
minor rulemaking will be necessary, and the rule will always include a list of 
the NFPA standards currently effective in Texas. 
The adoption by reference of NFPA 54 and 501C means that the Commission must 
provide for public viewing a complete set of NFPA 54, 501C, and all the 
referenced NFPA documents at both the Secretary of State's office and the 
Commission's Austin office. Providing copies for public viewing complies with 
the public information law in Texas; however, because the NFPA documents are 
copyrighted, copies may not be made. The Commission does not assume any 
responsibility or liability for the use of the NFPA documents, other than as 
specified in the proposed rules. 
Proposed requirements in NFPA 501C are generally the same as existing Commission 
rules and should pose little burden to the Category M licensees who will be 
required to comply. However, some requirements in NFPA 54 may be considered 
controversial or be misunderstood by the LP-gas industry because they have not 
been required previously in Texas. For example, NFPA 54, sec.sec.1.5.2, 4.2.1, 
and 4.2.2, requires a leakage test or an inspection each time gas is introduced 
into a new piping system or into an existing system that has been shut off or 
turned off to ensure that no gas is escaping. NFPA 54 does not specify what test 
or inspection procedures should be used, nor does it further define "shut off" 
or "turned off," so the rule could be read to indicate that such a test is not 
necessary for a system which has run out of gas. NFPA's National Fuel Gas Code 
Handbook offers some commentary and interpretation of some NFPA 54 requirements. 
With regard to the test for leakage in NFPA 54, sec.4.2.2, the handbook says: 
Over the years the pressure test required for new piping systems, including 
additions to existing systems, has been confused with the test for leakage. As 
specified, the pressure test is required only for new piping systems or new 
additions, not including equipment shutoff valves, equipment connections, or 
equipment. 
The test for leakage is applicable whenever a gas piping system is placed in 
service either initially or after being shut off. The medium used for the test 
is the gas supplied at its supply pressure. The gas is applied to the piping, 
equipment, and equipment connections and valves. 
National Fuel Gas Code Handbook, 1992 edition, p. 104 Some LP-gas licensees 
already perform a leakage test or an inspection voluntarily. 
Thomas D. Petru, assistant director, LP-Gas Section, Gas Services Division, has 
determined that for each of the first five years the sections as proposed will 
be in effect there will be fiscal implications for state government. For the 
Commission, these will involve publication and distribution of new rulebooks, 
and retraining staff, including field inspectors. For this initial adoption 
only, NFPA will give about 2,000 copies of NFPA 54 to the Commission at no cost, 
as well as 30 sets of the 14 other NFPA documents referenced in NFPA 54. The 30 
sets will be used to comply with the Secretary of State's rules regarding 
adoptions by reference, as well as to supply Commission staff with adequate 
copies to carry out regulatory and enforcement duties. A complete set of NFPA 54 
and all 14 other referenced pamphlets currently costs approximately $300; as 
NFPA adopts new editions of 54 and the other pamphlets, the Commission will have 
to replace the old editions for its staff. There will also be an added cost of 
Commission staff time in order to review any upcoming changes to NFPA 54 and 
501C, and the approximately 19 other referenced NFPA documents to determine if 
any changes adopted by NFPA need to be immediately adopted by reference to be 
effective in Texas. These costs cannot be calculated, but will be handled 
through the regular budget and duties assigned to the LP-Gas Section of the 
Commission with nominal charges to licensees and the general public for purchase 
of new Commission rulebooks. There may be similar fiscal implications for local 
governments which rely on Commission safety standards. These costs are not 
calculable but at a minimum will include purchase of new rulebooks and possibly 
retraining of inspection staff. 
Mr. Petru also has determined that for each year of the first five years the 
sections as proposed will be in effect the public benefit anticipated as a 
result of enforcing the sections as proposed will be improvement in safety due 
to more specific requirements for the LP-gas industry with regard to piping, 
appliances, and recreational vehicles. The Texas LP-gas industry should also see 
some benefits when dealing with other states which have adopted NFPA 54 and 
501C. 
There will be some anticipated economic costs from the NFPA 54 adoption to small 
businesses and individuals who hold Category D, E, K, and N licenses, and who 
are required to comply with proposed new sec.sec.9.251 and 9.254. These will 
include cost for the Commission's rulebook and copies of NFPA 54 and other 
referenced pamphlets which will have to be purchased directly from NFPA or other 
entities, such as the Texas Propane Gas Association. Licensees required to 
comply with referenced NFPA publications, as required in sec.9.251(b), shall 
also be required to purchase the referenced NFPA publications. Other than the 
first 2,000 copies of NFPA 54 which NFPA will provide to the Commission, no NFPA 
publications will be provided or sold by the Commission. The cost for the NFPA 
documents will depend on whether the purchaser is a member or nonmember of NFPA; 
a membership costs $95 per year and the cost, for example, for NFPA 54 would be 
$24.75 for a member as compared to $27.50 for a non-member. However, LP-gas 
licensees probably will not join NFPA because reduced publication costs will not 
offset the annual membership fee. In addition, only current licensees will 
receive a copy of NFPA 54 at no charge; current licensees will be required to 
spend at least $8 for a new Commission rulebook up to about $540 for a complete 
set of NFPA 54 and the 14 referenced pamphlets. Applicants who complete 
licensing requirements after the effective date of this rulemaking will not 
receive a free copy of NFPA 54, and will have to spend the same $8 to $540 for 
the required publications. A more realistic cost to an individual or small 
business required to comply with the proposed rules is estimated to be about 
$85; this figure, as shown on the chart, includes the cost for a new Commission 
rulebook ($8), one copy of NFPA 54 ($27.50), one copy of NFPA 58 ($27.50), and 
one other NFPA pamphlet (averaging around $22). Given the 1,739 current Category 
D, E, K, and N licensees, the probable realistic economic impact would be around 
$147,815 to the industry. The following chart illustrates some of the 
anticipated costs of compliance relating to publications that must be purchased 
in order to comply with the adoption by reference of NFPA 54:
Figure 1: 16 TAC Chapter 9 Preamble
Other possible costs associated with NFPA 54 include the leak test required in 
sec.9.254(b), which may add some costs to licensees; the exact cost cannot be 
calculated but will include training the delivery drivers or other personnel to 
perform the required leak test. However, there will be no additional economic 
costs with regard to the requirements in new sec.sec.9.257, 9.260, 9.263, 9.266, 
9.269, 9.272, and 9.275 because these requirements are already in existence in 
the current LP-gas rules and have been renumbered in order to correspond more 
clearly with the NFPA 54 adoption by reference. 
With regard to the adoption by reference of NFPA 501C, there will be some 
anticipated economic costs to small business or individuals who hold Category M 
licenses and who are required to comply with proposed new sec.9.251. These will 
include a nominal charge for the Commission's new rulebook and the charge by 
NFPA for a copy of 501C, as shown in the following chart: 
Figure 2: 16 TAC Chapter 9 Preamble 
Compliance with 501C should not cause any added costs, other than purchase of 
publications, because the Commission's current rules contain very similar 
requirements to those found in 501C. 
Based on a combination of the two charts, the annual economic cost of compliance 
to industry with the adoption by reference of NFPA 54 and 501C could range 
anywhere from $14,632 at a minimum to $2,743,500 at a maximum, but should 
realistically be around $152,855 total for the 1,829 potentially affected 
licensees. The cost of compliance per individual could range from $35.50 to 
$1,500, but should be about $84 per individual (based on the costs for a 
Commission rulebook, one copy each of 54 and 58, and one other NFPA pamphlet). 
Comments on the proposal may be submitted to Kellie Martinec, Rules Coordinator, 
Office of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin, 
Texas 78711-2967. Comments will be accepted for 60 days after publication in the 
Texas Register and should refer to LP-Gas Docket Number 1495. For additional 
information, contact Thomas D. Petru at (512) 463- 6949. 

SUBCHAPTER A. General Applicability and Requirements
16 TAC sec.9.1, sec.9.2
The amendments are proposed under the Texas Natural Resources Code, sec.113.051, 
which authorizes the Commission to adopt rules relating to any and all aspects 
or phases of the LP-gas industry that will protect or tend to protect the 
health, welfare, and safety of the general public; and sec.113.052, which allows 
the Commission to adopt by reference the published codes of nationally 
recognized societies, including the National Fire Protection Association. 
The Texas Natural Resources Code, sec.113.051 and sec.113.052, is affected by 
the proposed amendments.

sec.9.1. Application of Rules, Severability, and Retroactivity. 
(a) The <nl>LP-Gas Section's<ol> [Liquefied Petroleum Gas Division's] safety 
rules apply to the design, construction, location, and operation of liquefied 
petroleum gas systems, equipment, and appliances. These standards also apply to 
truck and railcar loading racks, but do not apply to marine terminals, natural 
gasoline plants, refineries, tank farms, gas manufacturing plants, plants 
engaged in processing liquefied petroleum gases, or to railcar loading racks 
used in connection with these excluded establishments. 
(1) <nl>Subchapters A, General Applicability and Requirements, and B, Basic 
Rules, apply to all types of LP-gas activities, installations, or uses unless 
otherwise indicated.<ol> [Basic rules. The basic rules apply to all divisions 
except as otherwise indicated.] 
<nl>(2)<ol> <nl> Subchapter C, Vaporizers and Heaters, applies to vaporizers 
used with portable, mobile, or stationary LP-gas installations.<ol> 
<nl>(3)<ol> <nl> Subchapter D, Adoption by Reference of NFPA 54 (National Fuel 
Gas Code) and NFPA 501C (Standard on Recreational Vehicles) and Adopted 
Exceptions to NFPA 54, applies to the adoption by reference of NFPA 54 and 
specifies additional or alternative requirements from those found in NFPA 
54.<ol> 
<nl>(4)<ol> <nl> Subchapter E, Containers, applies to LP-gas systems using 
containers constructed in accordance with specifications issued by the United 
States Interstate Commerce Commission (ICC) or the United States Department of 
Transportation (DOT) When DOT or ICC containers are used in the manner 
prescribed by DOT, then DOT rules shall apply to container transportation and 
handling. When DOT or ICC containers are not used in the manner prescribed by 
DOT, they cease to be under DOT jurisdiction. When installed in Texas and used 
as LP-gas consumer containers, they are subject exclusively to the rules of the 
Railroad Commission of Texas. Where such containers are privately owned and 
permanently installed, they are not considered to be under DOT jurisdiction.<ol> 
<nl>(5)<ol> <nl> Subchapter F, Consumer LP-Gas Systems, applies to consumer LP-
gas systems using containers constructed in accordance with ASME Code, Section 
VIII, Division I.<ol> 
<nl>(6)<ol> <nl> Subchapter G is reserved for future use.<ol> 
<nl>(7)<ol> <nl> Subchapter H, Nonspecification Transport Containers; Trucks 
Transporting LP-Gas in Portable Containers, applies to nonspecification cargo 
tanks used in the transportation and distribution of LP-gas, and each truck used 
principally for transporting LP-gas in portable containers.<ol> 
<nl>(8)<ol> <nl> Subchapter I, LP-Gas Motor Fuel and Mobile Fuel Containers, 
applies to LP-gas motor fuel and mobile fuel containers installed and used on 
automobiles, trucks, buses, tractors, construction machinery, and farm tractors 
or other types of farm machinery.<ol> 
<nl>(9)<ol> <nl> Subchapter J is reserved for future use.<ol> 
<nl>(10)<ol> <nl> Subchapter K, Appendices, includes background or informational 
material. <ol> 
<nl>(11)<ol> <nl> Subchapter L is reserved for future use.<ol> 
<nl>(12)<ol> <nl> Subchapter M is reserved for future use.<ol> 
<nl>(13)<ol> <nl> Subchapter N is reserved for future use.<ol> 
<nl>(14)<ol> <nl> Subchapter O, Cylinder Filling Plants; Service Station 
Dispensers, applies to storage containers dispensing devices, and pertinent 
equipment used in bottle filling plants and service stations where LP-gas is 
stored and dispensed from fixed LP-gas equipment.<ol> 
<nl>(15)<ol> <nl> Subchapter P, Farm Carts, applies to farm carts which are used 
for the transportation and distribution of LP-gas.<ol> 
<nl>(16)<ol> <nl> Subchapter Q, LP-Gas Powered Vehicles and Carburetion 
Equipment Used in a Building or on Consumer's Premises, applies to industrial 
fork lifts, trucks, and other LP- gas powered vehicles and engine fuel equipment 
specifically designed to be used in a building or on a consumer's premises.<ol> 
<nl>(17)<ol> <nl> Subchapter R, LP-Gas Automatic Dispensers, applies to LP-gas 
automatic dispensers. <ol> 
<nl>(18)<ol> <nl> Subchapter S, Installation or Repair of LP- Gas Containers, 
Piping or Appliances in Recreational Vehicles, applies to the installation or 
repair of LP-gas containers, piping, or appliances in recreational vehicles.<ol> 
<nl>(19)<ol> <nl> Subchapter T, DOT MC-330 and MC-331 Transport Containers, 
applies to cargo tanks constructed to DOT MC-330 and MC-331 specifications used 
in the transportation and distribution of LP-gas.<ol> 
[(2) Division I. Division I containers constructed in accordance with DOT 
excluding those used in a mobile fuel or industrial forklift installation.] 
[(A) Division I applies to LP-gas systems utilizing containers constructed in 
accordance with specifications issued by the United States Interstate Commerce 
Commission (ICC) or United States Department of Transportation (DOT). When DOT 
or ICC containers are used in the manner prescribed by the DOT, then DOT rules 
shall apply to container transportation and handling.]
[(B) Where ICC or DOT containers are not used in the manner prescribed by the 
DOT, they cease to be under the DOT jurisdiction. When installed in Texas and 
used as LP-gas consumer containers, they are subject exclusively to the rules of 
the Railroad Commission of Texas. Where such containers are privately owned and 
permanently installed, they are not operated as prescribed by DOT regulation.] 
[(3) Division II. Division II applies to consumer LP-gas systems utilizing 
containers constructed in accordance with the Boiler and Pressure Vessel Code of 
the American Society of Mechanical Engineers, Division I.] 
[(4) Division III. Division III applies to bulk storage containers at 
installations where gas is stored, but not used on the premises.
[(5) Division IV. Division IV applies to nonspecification cargo tanks used in 
the transportation and distribution of LP-gas, and each truck used principally 
for transporting LP-gas in portable containers.] 
[(6) Division V. Division V applies to LP-gas motor fuel and mobile fuel 
containers installed and used on automobiles, trucks, buses, tractors, 
construction machinery, and farm tractors or other types of farm machinery.] 
[(7) Division VI. Division VI applies to vaporizers used with portable, mobile, 
or stationary LP-gas installations.] 
[(8) Division VII. Division VII applies to LP-gas piping and piping systems.] 
[(9) Division VIII. Division VIII applies to approved LP-gas appliances and 
pertinent equipment used in making appliance installations and regulates their 
location, installation, and connection.] 
[(10) Division IX. Division IX applies to storage containers, dispensing 
devices, and pertinent equipment used in bottle filling plants and service 
stations where LP-gas is stored and dispensed from fixed LP-gas equipment.] 
[(11) Division X. Division X applies to farm carts which are used for the 
transportation and distribution of LP-gas.] 
[(12) Division XI. Division XI applies to industrial fork lifts, trucks, and 
other LP-gas powered vehicles and engine fuel equipment specifically designed to 
be used in a building or on a consumer's premises.
[(13) Division XII. Division XII applies to LP-gas automatic dispensers. ] 
[(14) Division XIII. Division XIII applies to the installation or repair of LP-
gas container(s), piping, or appliances in recreational vehicles.]
[(15) Division XIV. Division XIV applies to cargo tanks constructed to MC-330 
and 331 Department of Transportation (DOT) specifications used in the 
transportation and distribution of LP-gas.] 
(b)-(d) (No change.)

sec.9.2. Definitions. 
The following words and terms, when used in this chapter, shall have the 
following meanings, unless the context clearly indicates otherwise.
[Corrugated stainless steel tubing-A type of tubing which is primarily used 
inside a building for LP-gas vapor service only. The tubing shall have a maximum 
operating pressure of 5 psig, and shall be one inch or less in diameter.]
High pressure gas piping <nl>or tubing<ol>-Piping <nl>or tubing<ol> used for 
conveying LP-gas liquid or vapor at pressures in excess of <nl>125<ol> [50] 
psig.
Low pressure gas piping or tubing-Piping or tubing used for conveying LP-gas 
liquid or vapor at pressures of <nl> 125 <ol> [50] psig or less [, except for 
corrugated stainless steel tubing, which shall be used for vapor service only 
and shall not exceed a maximum operating pressure of 5 psig]. <nl>In certain 
applications, the maximum pressure may be restricted to a level which is less 
than 125 psig. <ol>
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 30, 1996.
TRD-9618719
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Proposed date of adoption: June 1, 1997
For further information, please call: (512) 463-7008

SUBCHAPTER B. Basic Rules
16 TAC sec.9.174
The amendment is proposed under the Texas Natural Resources Code, sec.113.051, 
which authorizes the Commission to adopt rules relating to any and all aspects 
or phases of the LP-gas industry that will protect or tend to protect the 
health, welfare, and safety of the general public; and sec.113.052, which allows 
the Commission to adopt by reference the published codes of nationally 
recognized societies, including the National Fire Protection Association. 
The Texas Natural Resources Code, sec.113.051 and sec.113.052, is affected by 
the proposed amendment.

sec.9.174. Hose Specifications. 
(a)-(e) (No change.) 
[(f) Hose and hose connections on the low pressure side of the regulator or 
reducing valve shall be designed for a bursting pressure of not less than 125 
psig.]
Issued in Austin, Texas, on December 30, 1996. 
TRD-9618720
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Proposed date of adoption: June 1, 1997
For further information, please call: (512) 463-7008

SUBCHAPTER D. LP-Gas Appliances and Appurtenant Equipment
16 TAC sec.sec.9.231-9.247
(Editor's note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Railroad 
Commission of Texas or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the Texas Natural Resources Code, sec.113.051, 
which authorizes the Commission to adopt rules relating to any and all aspects 
or phases of the LP-gas industry that will protect or tend to protect the 
health, welfare, and safety of the general public; and sec.113.052, which allows 
the Commission to adopt by reference the published codes of nationally 
recognized societies, including the National Fire Protection Association. 
The Texas Natural Resources Code, sec.113.051 and sec.113.052, is affected by 
the proposed repeals.
sec.9.231. Identification of Approved Appliances.
sec.9.232. Installation of Appliances. 
sec.9.233. Automatic Shut-Off Devices. 
sec.9.234. Room Heaters in Public Building. 
sec.9.235. Provision for Combustion Air. 
sec.9.236. Open Flame Appliances. 
sec.9.237. Testing Appliances. 
sec.9.238. Appliances Made for Venting. 
sec.9.239. Appliance Connectors. 
sec.9.240. Water Heaters. 
sec.9.241. Appliance Repairs and Conversions. 
sec.9.242. Venting of Appliances Definitions. 
sec.9.243. Minimum Safe Performance. 
sec.9.244. Appliances to be Vented and Approved Venting Systems. 
sec.9.245. Maximum Unvented BTU Input. 
sec.9.246. Installation. 
sec.9.247. Power Venting. 
Issued in Austin, Texas, on December 30, 1996. 
TRD-9618714
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Proposed date of adoption: June 1, 1997
For further information, please call: (512) 463-7008

SUBCHAPTER D. <nl>Adoption by Reference of
NFPA 54 (National Fuel Gas Code) and NFPA 501C (Standard on Recreational 
Vehicles) and Adopted Exceptions to NFPA 54<ol> [LP-Gas Appliances and 
Appurtenant Equipment] 
16 TAC sec.sec.9.251, 9.254, 9.257, 9.260, 9.263, 9.266, 9.269, 9.272, 9.275
The new sections are proposed under the Texas Natural Resources Code, 
sec.113.051, which authorizes the Commission to adopt rules relating to any and 
all aspects or phases of the LP-gas industry that will protect or tend to 
protect the health, welfare, and safety of the general public; and sec.113.052, 
which allows the Commission to adopt by reference the published codes of 
nationally recognized societies, including the National Fire Protection 
Association. 
The Texas Natural Resources Code, sec.113.051 and sec.113.052, is affected by 
the proposed new sections.

sec.9.251. Adoption by Reference of NFPA 54 and NFPA 501C, and Certain Other 
NFPA Publications. 
(a) Except as modified in the remaining sections of this subchapter, the 
Commission adopts by specific reference the provisions established by the 
National Fire Protection Association in its 1996 edition of the National Fuel 
Gas Code, commonly referred to as NFPA 54 or Pamphlet 54, effective June 1, 
1997. Nothing in this section or subchapter shall prevent the Commission, after 
notice, from adopting additional requirements, whether more or less stringent, 
for individual situations to protect the health, safety and welfare of the 
general public. Any documents or parts of documents incorporated by reference 
into these rules shall be a part of these rules as if set out in full. 
(b) The Commission also adopts by reference all other NFPA publications or 
portions of those publications referenced in NFPA 54 which apply to LP-gas 
activities only. If LP-gas activities are to be performed by a licensee and 
those activities are covered in an NFPA publication referenced in NFPA 54, then 
the licensee shall perform those activities in compliance with that referenced 
document. The adopted referenced pamphlets are: 
(1) NFPA 30A, Automotive and Marine Service Station Code, 1996 edition; 
(2) NFPA 37, Standard for the Installation and Use of Stationary Combustion 
Engines and Gas Turbines, 1994 edition; 
(3) NFPA 51, Standard for the Design and Installation of Oxygen-Fuel Gas Systems 
for Welding, Cutting, and Allied Processes, 1992 edition; 
(4) NFPA 52, Standard for Compressed Natural Gas (CNG) Vehicular Fuel Systems, 
1995 edition; 
(5) NFPA 58, Standard for the Storage and Handling of Liquefied Petroleum Gases, 
1995 edition; 
(6) NFPA 70, National Electric Code, 1996 edition; 
(7) NFPA 82, Standard on Incinerators, Waste, and Linen Handling Systems and 
Equipment, 1994 edition; 
(8) NFPA 88A, Standard for Parking Structures, 1995 edition; 
(9) NFPA 90A, Standard for the Installation of Air Conditioning and Ventilating 
Systems, 1996 edition;
(10) NFPA 90B, Standard for the Installation of Warm Air Heating and Air 
Conditioning Systems, 1996 edition; 
(11) NFPA 96, Standard for Ventilation Control and Fire Protection of Commercial 
Cooking Operations, 1994 edition; 
(12) NFPA 211, Standard for Chimneys, Fireplaces, Vents, and Solid Fuel-Burning 
Appliances, 1996 edition;
(13) NFPA 409, Standard on Aircraft Hangars, 1995 edition; and 
(14) NFPA 501C, Standard on Recreational Vehicles, 1996 edition. 
(c) Licensees shall maintain at least one copy of those NFPA publications which 
cover the LP-gas activities performed by the licensee.
(d) NFPA 501C, Standard for Recreational Vehicles, shall apply to all persons 
performing LP-gas activities with regard to recreational vehicles.

sec.9.254. Clarification of Certain Terms Used in NFPA 54 and 501C. 
(a) Authority having jurisdiction. As pertains to the use of LP-gas in Texas, 
the phrase "authority having jurisdiction" defined in NFPA 54, sec.1.7, and NFPA 
501C, sec.1-3, and referenced in other NFPA publications shall be the Railroad 
Commission of Texas or any of its divisions or employees.
(b) Qualified agency. The term "qualified agency" as defined in NFPA 54, 
sec.1.7, shall include a person (as "person" is defined in sec.9.3 of this 
title, relating to definitions) who holds a current license issued by the 
Railroad Commission, or a homeowner performing certain LP-gas activities on his 
own property, as allowed in sec.9.177 of this title (relating to connecting 
containers to unapproved piping).

sec.9.257. Exclusion of NFPA 54, sec.6.31. 
The Commission does not adopt NFPA 54, sec.6.31, which refers to NFPA 52, 
Standard for Compressed Natural Gas (CNG) Vehicular Fuel Systems. Persons 
engaging in CNG activities shall comply with the Commission's adopted rules at 
16 TAC sec.13.1, et seq., and published in the Commission's Regulations for 
Compressed Natural Gas.

sec.9.260. Room Heaters in Public Buildings. 
In addition to applicable requirements in NFPA 54, Part 6, Installation of 
Specific Equipment, room heaters shall not be installed in homes for the aged, 
sanatoriums, convalescent homes, orphanages, and other institutions of this 
type. Room heaters in schools, day care centers, foster homes, hotels or other 
similar buildings or rooms used for temporary lodging shall be vented and 
equipped with a safety shut-off device. Room heaters with less than 40,000 Btu 
input and infrared heaters are not required to be vented, but shall have a 
safety shutoff device and an oxygen depletion system (ODS).

sec.9.263. Identification of Converted Appliances.
(a) In addition to the requirements of NFPA 54, sec.5.1.3, upon completion of 
the conversion and testing of LP-gas appliances, the licensee shall attach to 
each such appliance a decal or tag of metal or other permanent material 
indicating the following information: 
(1) the licensee's name; 
(2) the LP-gas license number; 
(3) the year the appliance was converted; and 
(4) the wording, "Converted to LP-Gas." 
(b) A single identification decal or tag may be used to satisfy the requirements 
in sec.sec.9.184, 9.266, 9.462, and 9.771 of this title (relating to uniform 
safety requirements, identification of piping installation, containers 
manufactured for underground installation, and vehicle identification labels, 
respectively) provided the decal or tag meets all the requirements of those 
sections.

sec.9.266. Identification of Piping Installation.
(a) In addition to the requirements of NFPA 54, Part 3, Gas Piping Installation, 
LP-gas piping shall be installed, altered, repaired, and tested only by persons 
properly licensed or certified by the LP-Gas Section of the Gas Services 
Division. 
(b) Upon completion of the installation, alteration, repair, or testing of an 
LP-gas piping system, the licensee shall attach to the end of the piping nearest 
the container a decal or tag of metal or other permanent material indicating the 
following information: 
(1) the licensee's name; 
(2) the LP-gas license number; and 
(3) the year the piping was installed, altered, repaired, or tested. 
(c) A single identification decal or tag may be used to satisfy the requirements 
in sec.sec.9.184, 9.263, 9.462, and 9.771 of this title (relating to uniform 
safety requirements, identification of converted appliances, containers 
manufactured for underground installation, and vehicle identification labels, 
respectively) provided the decal or tag meets all the requirements of those 
sections.

sec.9.269. Special Exceptions for Agricultural and Industrial Structures 
Regarding Appliance Connectors and Piping Support.
(a) In addition to the requirements of NFPA 54, sec.5.5.2 regarding gas hose 
connectors, agricultural structures, such as greenhouses or broiler houses, or 
industrial structures not inhabited by humans may have appliance connectors more 
than six feet in length provided that: 
(1) the hose used shall be marked as acceptable for LP-gas service; 
(2) the hose shall comply with sec.9.174(a) - (e) of this title (relating to 
Hose Specifications); 
(3) the length of the hose used shall be only that which is sufficient to serve 
the purpose for which it is intended; and 
(4) manufactured hose connections, such as quick-connect or threaded fittings, 
shall be used. 
(b) Broiler houses and other types of poultry houses only may connect LP-gas 
piping with stainless steel screw-type banded clamps in lieu of the required 
manufactured hose connections specified in subsection (a)(4) of this section, 
provided that the clamps are properly installed and the connections are gas-
tight, that the clamps are used in conjunction with hose barb adaptors, and that 
the system's operating pressure is 6 1/2 ounces or less. Other agricultural 
structures shall comply with the requirements of subsection (a)(4) of this 
section. 
(c) In addition to the requirements in NFPA 54, sec.3.3.6, Table II, the support 
spacing requirement for 3/4 to one inch pipe shall not apply to agricultural 
structures not inhabited by humans, such as greenhouses and broiler houses, 
provided that: 
(1) such piping is supported by ceiling trusses no more than ten feet apart; and 
(2) pipe joints and fittings are supported by the trusses. 

sec.9.272. Certification Requirements for Joining Methods. 
(a) In addition to the requirements in NFPA 54, sec.2.6.9, and in addition to 
other LP-gas certification requirements, prior to performing heat-fusion on 
polyethylene pipe or tubing, an individual shall be certified by either the 
Commission or a person or certification school authorized by the Commission. The 
certification shall confirm that the individual has a working knowledge of heat-
fusion methods and the ability to properly perform the heat-fusion activity. 
Licensees shall retain written proof regarding any current certifications for 
installation and repair methods for CSST. 
(b) The employer of an individual certified to perform heat-fusion activities 
shall complete LPG Form 506, which shall be maintained and available for review 
by a Commission representative. If the individual certified as required by 
subsection (a) of this section does not perform any heat-fusion activities for 
12 consecutive months, that individual shall be recertified prior to resuming 
any heat-fusion activities.

sec.9.275. High Pressure Gas Piping or Tubing. 
(a) High pressure gas piping or tubing, as defined in sec.9.2 of this title 
(relating to definitions), shall be of the following materials:
(1) Pipe shall be ASTM Steel Schedule 80 or better. 
(2) Copper or brass tubing shall be type "K" or L" with a minimum wall thickness 
of .032 inches. 
(3) All pipe fittings shall have a rating of 1,500 psi or greater. 
(4) Approved POL and pigtail assemblies shall be used.
(b) High pressure gas piping shall be joined by welding, threading, flaring, or 
flanging, and shall be gas-tight. 
(c) High pressure gas piping shall be installed and maintained in accordance 
with the requirements in NFPA 54, sec.sec.2.6.6, 2.6.7(d), 3.1.2, 3.1.3, and 
3.3.6. 
Issued in Austin, Texas, on December 30, 1996. 
TRD-9618721
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Proposed date of adoption: June 1, 1997
For further information, please call: (512) 463-7008

SUBCHAPTER F. Consumer LP-Gas Systems
16 TAC sec.sec.9.456, 9.469, 9.470
(Editor's note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Railroad 
Commission of Texas or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the Texas Natural Resources Code, sec.113.051, 
which authorizes the Commission to adopt rules relating to any and all aspects 
or phases of the LP-gas industry that will protect or tend to protect the 
health, welfare, and safety of the general public; and sec.113.052, which allows 
the Commission to adopt by reference the published codes of nationally 
recognized societies, including the National Fire Protection Association. 
The Texas Natural Resources Code, sec.113.051 and sec.113.052, is affected by 
the proposed repeals.
sec.9.456. Regulator Relief Valves. 
sec.9.469. Venting Regulators. 
sec.9.470. Draining Condensate. 
Issued in Austin, Texas, on December 30, 1996. 
TRD-9618715
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Proposed date of adoption: June 1, 1997
For further information, please call: (512) 463-7008

SUBCHAPTER K. Appendices
16 TAC sec.9.927
(Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Railroad 
Commission of Texas or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The repeal is proposed under the Texas Natural Resources Code, sec.113.051, 
which authorizes the Commission to adopt rules relating to any and all aspects 
or phases of the LP-gas industry that will protect or tend to protect the 
health, welfare, and safety of the general public; and sec.113.052, which allows 
the Commission to adopt by reference the published codes of nationally 
recognized societies, including the National Fire Protection Association. 
The Texas Natural Resources Code, sec.113.051 and sec.113.052, is affected by 
the proposed repeal.
sec.9.927. Appendix G: Flow of LP-Gas Through Fixed Orifices. 
Issued in Austin, Texas, on December 30, 1996. 
TRD-9618716
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Proposed date of adoption: June 1, 1997
For further information, please call: (512) 463-7008

SUBCHAPTER L. LP-Gas Piping and Piping Systems
16 TAC sec.sec.9.951-9.965
(Editor's note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Railroad 
Commission of Texas or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the Texas Natural Resources Code, sec.113.051, 
which authorizes the Commission to adopt rules relating to any and all aspects 
or phases of the LP-gas industry that will protect or tend to protect the 
health, welfare, and safety of the general public; and sec.113.052, which allows 
the Commission to adopt by reference the published codes of nationally 
recognized societies, including the National Fire Protection Association. 
The Texas Natural Resources Code, sec.113.051 and sec.113.052, is affected by 
the proposed repeals.
sec.9.951. Low Pressure-High Pressure Piping. 
sec.9.952. Piping Installation Identification. 
sec.9.953. Specifications for Approved Low Pressure Piping or Tubing Materials. 
sec.9.954. Underground Corrosion Protection. 
sec.9.955. Piping Layout. 
sec.9.956. Joining Methods. 
sec.9.957. Drainage and Drips. 
sec.9.958. Piping Support. 
sec.9.959. Exterior Piping. 
sec.9.960. Joint Compound. 
sec.9.961. Bending Pipe. 
sec.9.962. Cap Outlets. 
sec.9.963. Pressure Test of Piping. 
sec.9.964. Specifications for Approved High Pressure Piping Materials. 
sec.9.965. Joining of High Pressure Piping. 
Issued in Austin, Texas, on December 30, 1996. 
TRD-9618717
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Proposed date of adoption: June 1, 1997
For further information, please call: (512) 463-7008

SUBCHAPTER S. Installation or Repair of LP-Gas Containers, Piping or Appliances 
in Recreational Vehicles
16 TAC sec.sec.9.1651, 9.1653-9.1666, 9.1668-9.1695
(Editor's note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Railroad 
Commission of Texas or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the Texas Natural Resources Code, sec.113.051, 
which authorizes the Commission to adopt rules relating to any and all aspects 
or phases of the LP-gas industry that will protect or tend to protect the 
health, welfare, and safety of the general public; and sec.113.052, which allows 
the Commission to adopt by reference the published codes of nationally 
recognized societies, including the National Fire Protection Association. 
The Texas Natural Resources Code, sec.113.051 and sec.113.052, is affected by 
the proposed repeals.
sec.9.1651. Applicability of Subchapter S. 
sec.9.1653. Quality of Design and Installations of Gas Systems and Equipment. 
sec.9.1654. LP-Gas Container Working Pressure. 
sec.9.1655. Maximum Container Capacities. 
sec.9.1656. Location and Mounting of LP-Gas Containers.
sec.9.1657. Securing of LP-Gas Containers. 
sec.9.1658. Shielding of LP-Gas Containers from Heat of Internal Combustion 
Engine Exhaust System Components. 
sec.9.1659. Ventilation and Labeling of Compartments Containing LP-Gas 
Cylinders. 
sec.9.1660. Securing LP-Gas Container Housings. 
sec.9.1661. LP-Gas Container Appurtenances. 
sec.9.1662. Valves for Multiple LP-Gas Container Assembly Systems. 
sec.9.1663. Automatic Stop Fill Devices. 
sec.9.1664. Protection of LP-Gas Container Valves.
sec.9.1665. LP-Gas Regulators. 
sec.9.1666. LP-Gas Excess Flow Valves. 
sec.9.1668. Maximum Vapor Pressure. 
sec.9.1669. Gas Piping System Materials. 
sec.9.1670. Gas Piping Design. 
sec.9.1671. Gas Pipe Sizing. 
sec.9.1672. Joint Materials. 
sec.9.1673. Routing and Protection of Tubing and Piping. 
sec.9.1674. Location of Supply Connections. 
sec.9.1675. LP-Gas Supply Connectors. 
sec.9.1676. High-Pressure LP-Gas Connections. 
sec.9.1677. Low-Pressure LP-Gas Connections. 
sec.9.1678. Appliance Connections. 
sec.9.1679. Gas Shutoff Valves. 
sec.9.1680. Gas Inlet Cap. 
sec.9.1681. Prohibiting Use of Gas Piping as Electrical Ground. 
sec.9.1682. Gas Pipe Hangers and Supports. 
sec.9.1683. Testing for Gas Leakage. 
sec.9.1684. Gas Appliances. 
sec.9.1685. Venting Requirements. 
sec.9.1686. Installation of Internal Combustion Engine Generators. 
sec.9.1687. Marking of Appliances. 
sec.9.1688. Location of Appliances. 
sec.9.1689. Clearances of Heat-Producing Appliances.
sec.9.1690. Sizing and Materials of Supply Ducts.
sec.9.1691. Sizing, Materials, and Openings of Return Air Ducts. 
sec.9.1692. Air Duct Joints and Seams. 
sec.9.1693. Air Conditioning (Other Than Automotive-Type).
sec.9.1694. Required Information. 
sec.9.1695. Required Labels and Identification Plates.
Issued in Austin, Texas, on December 30, 1996. 
TRD-9618718
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Proposed date of adoption: June 1, 1997
For further information, please call: (512) 463-7008

CHAPTER 11.Surface Mining and Reclamation Division
SUBCHAPTER D.Coal Mining
16 TAC sec.11.221
(Editor's Note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Railroad 
Commission of Texas or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The Railroad Commission of Texas proposes the repeal of sec.11.221, relating to 
state program regulations, and simultaneously proposes adoption of new 
sec.sec.12.1-12.7, 12.9, 12.10, 12.12-12.19, 12.21-12.23, 12.69, 12.71-12.73, 
12.75-12.85, 12.100-12.163, 12.170-12.205, 12.207-12.223, 12.225-12.234, 12.236-
12.243, 12.300-12.304, 12.306, 12.307, 12.312-12.314, 12.317, 12.325-12.328, 
12.330-12.360, 12.362-12.393, 12.395-12.403, 12.500-12.528, 12.530-12.572, 
12.600, 12.610-12.613, 12.620-12.622, 12.624, 12.625, 12.650, 12.651, 12.660, 
12.661, 12.670-12.675, 12.677-12.684, 12.686-12.694, 12.696-12.699, 12.700, 
12.702-12.710, 12.800-12.817, relating to regulation of coal mining and 
reclamation and the Texas Abandoned Mine Land Reclamation Program. The current 
sec.11.221 adopts by reference the coal mining and reclamation regulations found 
in the Commission's publication entitled "Coal Mining Regulations." The 
Commission proposes to adopt these regulations as new Chapter 12. The 
simultaneous repeal of the rules by reference and proposal of new sections is to 
enable the text of the coal mining and reclamation regulations to be printed in 
the Texas Administrative Code. Anyone who has access to the Texas Administrative 
Code, both print and electronic versions, will have access to all the coal 
mining and reclamation regulations without having to purchase separately the 
coal mining and reclamation regulations through the Commission. The rules are 
being moved from Chapter 11 to new Chapter 12, relating to coal mining and 
reclamation regulations, so that the last three digits of the current numbering 
system can be retained under the proposed new numbering system to retain some 
correlation between the current and proposed numbering systems. 
The Commission proposes the simultaneous repeal of the current sec.11.221 and 
adoption of the new sections for the sole purpose of renumbering the existing 
regulations (now adopted by reference) and incorporating the text into the Texas 
Administrative Code. No requirements are being added to or deleted from the 
existing coal mining and reclamation regulations. Minor changes to the existing 
coal mining and reclamation regulations are being proposed to conform existing 
rules to Texas Register format; update information such as the Commission's 
address; correct grammar, punctuation, and capitalization errors; and update 
internal references. Consequently, comments should be restricted to the proposed 
numbering system; proposed changes for Texas Register format; updated 
information; corrected grammar, punctuation, and capitalization; and updated 
internal references. 
The current coal mining and reclamation regulations that contain definitions 
that are applicable throughout the chapter have been moved to sec.12.3. The 
definitions located in current coal mining and reclamation regulations 
sec.sec.701.008, 705.011, 707.020, 760.070, 762.074, 770.101, 786.206, 788.224, 
795.235, 846.001 and 850.701 have been moved to sec.12.3, where definitions are 
arranged alphabetically. The new sections that would correspond to these current 
coal mining and reclamation regulations containing definitions have been 
reserved for future rule expansions. 
The numbering convention of the existing rules is retained to a limited extent 
in proposed new sec.sec.12.1 - 12.676 and sec.sec.12.700 - 12.817. The current 
coal mining and reclamation regulations are commonly referred to by the last 
three numbers, or the suffix, of the rule number. The proposed new sections 
retain the suffix numbering system except that the zeroes appearing at the 
beginning of the suffix are being dropped. For example, current Coal Mining 
Regulation sec.761.071, entitled Areas Where Mining Is Prohibited or Limited, 
and incorporated by reference at sec.11.221, will become sec.12.71 under this 
proposed rulemaking. Certain rules of the current coal mining and reclamation 
regulations have been renumbered to new sections without retaining the last 
three digits of the current rule number in order to better conform to the Texas 
Administrative Code numbering system. The rules currently incorporated by 
reference at sec.11.221 that will not maintain their last three digits upon 
adoption in Chapter 12 are as follows: Rule Incorporated by Reference: Section 
843.680 - new 12.677, 843.681 - new 12.678, 843.682 - new 12.679, 843.683 - new 
12.680, 843.684 - new 12.681, 843.685 - new 12.682, 843.686 - new 12.683, 
843.687 - new 12.684, 845.690 - new 12.686, 845.691 - new 12.687, 845.692 - new 
12.688, 845.693 - new 12.689, 845.694 - new 12.690, 845.695 - new 12.691, 
845.696 - new 12.692, 845.697 - new 12.693, 845.698 - new 12.694, 846.001 - 
(definitions moved to sec.12.3), 12.695 (reserved.), 846.002 - new 12.696, 
846.003 - new 12.697, 846.004 - new 12.698, and 846.005 - new 12.699. 
Mark Barnett, staff attorney, Environmental Section, Office of General Counsel, 
has determined that for each year of the first five years the proposed repeal 
and new sections are in effect there will be no fiscal implications for state or 
local governments as a result of enforcing or administering the sections because 
the proposed new rules are substantively identical to those currently 
incorporated by reference in sec.11.221. 
Mr. Barnett has also determined that the public benefit anticipated as a result 
of enforcing or administering the repeal and new sections will be better access 
to the state regulations applicable to coal mining and reclamation operations 
because the regulations will be part of the Texas Administrative Code. The rules 
will be published in the Texas Register and the Texas Administrative Code and 
available electronically via the Secretary of State's Internet address. 
Individuals and small businesses may experience a reduction in the economic cost 
of compliance because it will be faster and easier to obtain the text of the 
coal mining and reclamation regulations directly through the Texas 
Administrative Code or other resources rather than by purchasing the rules from 
the Commission. 
Comments on the proposal may be submitted to Mark Barnett, Staff Attorney, 
Environmental Section, Office of General Counsel, Railroad Commission of Texas, 
P.O. Box 12967, Austin, Texas 78711-2967. Comments will be accepted for 30 days 
after publication in the Texas Register. For more information, call Mr. Barnett 
at (512) 463-6801. 
The repeal is proposed under the Texas Natural Resources Code, sec.134.013, 
which authorizes the Commission to adopt and amend rules pertaining to surface 
coal mining and reclamation operations. 
The following is the statute, article, or code affected by the proposed repeal: 
sec.11.221, Texas Natural Resources Code, Chapter 134.
sec.11.221. State Program Regulations.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618446
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: February 10, 1997
For further information, please call: (512) 463-7008

CHAPTER 12.Surface Mining and Reclamation Division
The Railroad Commission of Texas proposes new sec.sec.12.1-12.7, 12.9, 12.10, 
12.12-12.19, 12.21-12.23, 12.69, 12.71-12.73, 12.75-12.85, 12.100-12.163, 
12.170-12.205, 12.207-12.223, 12.225-12.234, 12.236-12.243, 12.300-12.304, 
12.306, 12.307, 12.312-12.314, 12.317, 12.325-12.328, 12.330-12.360, 12.362-
12.393, 12.395-12.403, 12.500-12.528, 12.530-12.572, 12.600, 12.610-12.613, 
12.620-12.622, 12.624, 12.625, 12.650, 12.651, 12.660, 12.661, 12.670-12.675, 
12.677-12.684, 12.686-12.694, 12.696-12.699, 12.700, 12.702-12.710, 12.800-
12.817, relating to regulation of coal mining and reclamation and the Texas 
Abandoned Mine Land Reclamation Program. The current sec.11.221 adopts by 
reference the coal mining and reclamation regulations found in the Commission's 
publication entitled "Coal Mining Regulations." The Commission proposes to adopt 
these regulations as new Chapter 12. The simultaneous repeal of the rules by 
reference and proposal of new sections is to enable the text of the coal mining 
and reclamation regulations to be printed in the Texas Administrative Code. 
Anyone who has access to the Texas Administrative Code, both print and 
electronic versions, will have access to all the coal mining and reclamation 
regulations without having to purchase separately the coal mining and 
reclamation regulations through the Commission. The rules are being moved from 
Chapter 11 to new Chapter 12, relating to coal mining and reclamation 
regulations, so that the last three digits of the current numbering system can 
be retained under the proposed new numbering system to retain some correlation 
between the current and proposed numbering systems. 
The Commission proposes the simultaneous repeal of the current sec.11.221 and 
adoption of the new sections for the sole purpose of renumbering the existing 
regulations (now adopted by reference) and incorporating the text into the Texas 
Administrative Code. No requirements are being added to or deleted from the 
existing coal mining and reclamation regulations. Minor changes to the existing 
coal mining and reclamation regulations are being proposed to conform existing 
rules to Texas Register format; update information such as the Commission's 
address; correct grammar, punctuation, and capitalization errors; and update 
internal references. Consequently, comments should be restricted to the proposed 
numbering system; proposed changes for Texas Register format; updated 
information; corrected grammar, punctuation, and capitalization; and updated 
internal references. 
The current coal mining and reclamation regulations that contain definitions 
that are applicable throughout the chapter have been moved to sec.12.3. The 
definitions located in current coal mining and reclamation regulations 
sec.sec.701.008, 705.011, 707.020, 760.070, 762.074, 770.101, 786.206, 788.224, 
795.235, 846.001 and 850.701 have been moved to sec.12.3, where definitions are 
arranged alphabetically. The new sections that would correspond to these current 
coal mining and reclamation regulations containing definitions have been 
reserved for future rule expansions. 
The numbering convention of the existing rules is retained to a limited extent 
in proposed new sec.sec.12.1 - 12.676 and sec.sec.12.700 - 12.817. The current 
coal mining and reclamation regulations are commonly referred to by the last 
three numbers, or the suffix, of the rule number. The proposed new sections 
retain the suffix numbering system except that the zeroes appearing at the 
beginning of the suffix are being dropped. For example, current Coal Mining 
Regulation sec.761.071, entitled Areas Where Mining Is Prohibited or Limited, 
and incorporated by reference at sec.11.221, will become sec.12.71 under this 
proposed rulemaking. Certain rules of the current coal mining and reclamation 
regulations have been renumbered to new sections without retaining the last 
three digits of the current rule number in order to better conform to the Texas 
Administrative Code numbering system. The rules currently incorporated by 
reference at sec.11.221 that will not maintain their last three digits upon 
adoption in Chapter 12 are as follows: Rule Incorporated by Reference: Section 
843.680 - new 12.677, 843.681 - new 12.678, 843.682 - new 12.679, 843.683 - new 
12.680, 843.684 - new 12.681, 843.685 - new 12.682, 843.686 - new 12.683, 
843.687 - new 12.684, 845.690 - new 12.686, 845.691 - new 12.687, 845.692 - new 
12.688, 845.693 - new 12.689, 845.694 - new 12.690, 845.695 - new 12.691, 
845.696 - new 12.692, 845.697 - new 12.693, 845.698 - new 12.694, 846.001 - 
(definitions moved to sec.12.3), 12.695 (reserved.), 846.002 - new 12.696, 
846.003 - new 12.697, 846.004 - new 12.698, and 846.005 - new 12.699. 
Mark Barnett, staff attorney, Environmental Section, Office of General Counsel, 
has determined that for each year of the first five years the proposed repeal 
and new sections are in effect there will be no fiscal implications for state or 
local governments as a result of enforcing or administering the sections because 
the proposed new rules are substantively identical to those currently 
incorporated by reference in sec.11.221. 
Mr. Barnett has also determined that the public benefit anticipated as a result 
of enforcing or administering the repeal and new sections will be better access 
to the state regulations applicable to coal mining and reclamation operations 
because the regulations will be part of the Texas Administrative Code. The rules 
will be published in the Texas Register and the Texas Administrative Code and 
available electronically via the Secretary of State's Internet address. 
Individuals and small businesses may experience a reduction in the economic cost 
of compliance because it will be faster and easier to obtain the text of the 
coal mining and reclamation regulations directly through the Texas 
Administrative Code or other resources rather than by purchasing the rules from 
the Commission. 
Comments on the proposal may be submitted to Mark Barnett, Staff Attorney, 
Environmental Section, Office of General Counsel, Railroad Commission of Texas, 
P.O. Box 12967, Austin, Texas 78711-2967. Comments will be accepted for 30 days 
after publication in the Texas Register. For more information, call Mr. Barnett 
at (512) 463-6801. 

SUBCHAPTER A.General
16 TAC sec.sec.12.1-12.7
The new sections are proposed under the Texas Natural Resources Code, 
sec.134.013, which authorizes the Commission to adopt and amend rules pertaining 
to surface coal mining and reclamation operations. 
The following is the statute, article, or code affected by the proposed new 
sections: sec.sec.12.1 - 12.7, 12.9, 12.10, 12.12 - 12.19, 12.21, 12.22, 12.23, 
12.69, 12.71, 12.72, 12.73, 12.75 - 12.77, 12.78 - 12.85, 12.100, 12.102, 12.103 
- 12.108, 12.109 - 12.115, 12.116 - 12.123, 12.124 - 12.138, 12.139 - 12.154, 
12.155 - 12.163, 12.170 - 12.184, 12.185 - 12.199, 12.200 - 12.205, 12.207 - 
12.221, 12.222, 12.223, 12.225 - 12.233, 12.234, 12.236 - 12.243, 12.300 - 
12.303, 12.304, 12.306, 12.307, 12.308 - 12.311, 12.312, 12.313, 12.314, 12.317, 
12.325 - 12.328, 12.330 - 12.360, 12.362 - 12.393, 12.395 - 12.403, 12.500 - 
12.528, 12.530 -12.572, 12.600, 12.610 - 12.613, 12.620 - 12.622, 12.624, 
12.625, 12.650, 12.651, 12.660, 12.661, 12.670 - 12.675, 12.677, 12.679 - 
12.684, 12.686 - 12.694, 12.696 - 12.699, 12.700, 12.702 - 12.710, 12.800 - 
12.817, Texas Natural Resources Code, Chapter 134.

sec.12.1. Objective.
The objective of these regulations is to fulfill the purposes of both the Texas 
and federal surface mining and reclamation acts relating to coal in a manner 
consistent with their language, legislative history, other applicable laws, and 
judicial interpretations. These purposes are delineated in sec.134.003 of the 
State Act and Section 102 of the Federal Act.

sec.12.2. Authority, Responsibility and Applicability. 
(a) The Commission has the authority and shall enforce state laws and 
regulations not inconsistent with the "Texas Surface Coal Mining and Reclamation 
Act" or the federal "Surface Mining Control and Reclamation Act of 1977" and the 
regulations lawfully promulgated thereunder. 
(b) This chapter applies to all coal exploration and surface coal mining and 
reclamation operations, except: 
(1) the extraction of coal by a landowner for his or her own noncommercial use 
from land owned or leased by him or her. Noncommercial use does not include the 
extraction of coal by one unit of an integrated company or other business or 
nonprofit entity which uses the coal in its own manufacturing or power plants; 
(2) the extraction of 250 tons of coal or less by a person conducting a surface 
mining and reclamation operation. A person who intends to remove more than 250 
tons is not exempted; 
(3) the extraction of coal as an incidental part of federal, state or local 
government-financed highway or other construction in accordance with the rules 
of the Commission and sec.sec.12.21 and 12.22 of this title (relating to 
Exemption for Coal Extraction Incident to Government-Financed Highway or Other 
Construction); and 
(4) the extraction of coal incidental to the extraction of other minerals where 
coal does not exceed 16 2/3 percent of the total tonnage of coal and other 
minerals removed annually for commercial use or sale or coal explorations 
subject to the Act. 
(c) The Commission is responsible for the regulation of surface coal mining and 
reclamation operations and coal exploration under the approved state program and 
the reclamation of abandoned mine lands under the approved state reclamation 
plan on non-federal and non-Indian lands. 
(d) The Secretary of the U.S. Department of the Interior may delegate to a state 
through a cooperative agreement certain authority relating to the regulation of 
surface coal mining and reclamation operations on federal lands in accordance 
with 30 CFR Part 745. 
(e) The Director, Office of Hearings and Appeals, U.S. Department of the 
Interior, is responsible for the administration of administrative hearings and 
appeals required or authorized by the Federal Act pursuant to the regulations in 
43 CFR Part 4.

sec.12.3. Definitions.
The following words and terms, when used in this chapter (relating to Coal 
Mining Regulations), shall have the following meanings unless the context 
clearly indicates otherwise.
Acid drainage --Water with a pH of less than 6.0 and in which total acidity 
exceeds total alkalinity, discharged from an active, inactive or abandoned 
surface coal mine and reclamation operation or from an area affected by surface 
coal mining and reclamation operations. 
Acid-forming materials --Earth materials that contain sulfide minerals or other 
materials which, if exposed to air, water, or weathering processes, form acids 
that may create acid drainage. 
Act or State Act --The "Texas Surface Coal Mining and Reclamation Act" (Texas 
Natural Resources Code, Chapter 134).
Adjacent area --Land located outside the affected area, permit area, or mine 
plan area, depending on the context in which adjacent area is used, where air, 
surface or ground water, fish, wildlife, vegetation or other resources protected 
by the Act may be adversely impacted by surface coal mining and reclamation 
operations.
Affected area --Any land or water surface which is physically altered by surface 
coal mining and reclamation operations. Affected area includes the disturbed 
area; any area upon which surface coal mining and reclamation operations are 
conducted; any adjacent lands the use of which is incidental to surface coal 
mining and reclamation operations; all areas covered by new or existing roads 
used to gain access to, or for hauling coal to or from surface coal mining and 
reclamation operations; any area covered by surface excavations, workings, 
impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, 
stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or 
depressions, repair areas, storage areas, shipping areas, any areas which 
contain sited structures, facilities, or other property material on the surface 
resulting from, or incident to, surface coal mining and reclamation operations; 
and the area located above underground workings. 
Agricultural activities --With respect to alluvial valley floors, the use of any 
tract of land for the production of animal or vegetable life, where the use is 
enhanced or facilitated by subirrigation or flood irrigation associated with 
alluvial valley floors. These uses include, but are not limited to, the 
pasturing, grazing or watering of livestock, and the cropping, cultivation or 
harvesting of plants whose production is aided by the availability of water from 
subirrigation or flood irrigation. Those uses do not include agricultural 
practices which do not benefit from the availability of water from subirrigation 
or flood irrigation. 
Agricultural use --The use of any tract of land for the production of animal or 
vegetable life. The uses include, but are not limited to, the pasturing, 
grazing, and watering of livestock, and the cropping, cultivation, and 
harvesting of plants.
Airblast --An airborne shock wave resulting from the detonation of explosives 
and which may or may not be audible.
Alluvial valley floors --The unconsolidated stream-laid deposits holding streams 
with water availability sufficient for subirrigation or flood irrigation 
agricultural activities but does not include upland areas which are generally 
overlain by a thin veneer of colluvial deposits composed chiefly of debris from 
sheet erosion, deposits formed by unconcentrated runoff or slope wash, together 
with talus, or other mass-movement accumulations, and windblown deposits.
Anthracite --Coal classified as anthracite in the American Society of Testing 
and Materials (ASTM) Standard D 388-77. Coal classifications are published by 
the ASTM under the title, "Standard Specification for Classification of Coals by 
Rank", ASTM D 388-77. This ASTM Standard is on file and available for inspection 
at the Office of the Surface Mining and Reclamation Division, Railroad 
Commission of Texas, 1701 North Congress Avenue, Austin, Texas.
APA --The "Administrative Procedure Act" (Texas Government Code, Chapter 2001). 
Applicant -- Any person seeking a permit from the Commission to conduct surface 
or underground coal mining and reclamation operations pursuant to the Act. With 
respect to Subchapter G of this chapter (relating to Surface Coal Mining and 
Reclamation Operations Permits and Coal Exploration Procedures Systems), this 
term includes a person who seeks to obtain exploration approval or a permit 
under that subchapter and the regulatory program. With respect to Subchapter M 
of this chapter (relating to Training), this term includes a person who submits 
an application to the Commission to request blaster training, examination or 
certification.
Application --The documents and other information filed with the Commission 
under this chapter (relating to Coal Mining Regulations) for the issuance of 
exploration approval or a permit. With respect to Subchapter M of this chapter 
(relating to Training), this term includes a request submitted to the Commission 
on a prescribed form, and including any required fee and any applicable 
supporting evidence or other attachments.
Approximate original contour --That surface configuration achieved by 
backfilling and grading of the mined areas so that the reclaimed area, including 
any terracing or access roads, closely resembles the general surface 
configuration of the land prior to mining and blends into and complements the 
drainage pattern of the surrounding terrain, with all highwalls, spoil piles and 
coal refuse piles eliminated. Permanent water impoundments may be permitted 
where the Commission has determined that they comply with sec.134.092(a)(8) of 
the Act.
Aquifer --A zone, stratum, or group of strata that can store and transmit water 
in sufficient quantities for a specific use.
Arid or semiarid area --In the context of alluvial valley floors, an area west 
of the 100th meridian west longitude, experiencing water deficits, where water 
use by native vegetation equals or exceeds that supplied by precipitation. As an 
example, the Eagle Pass field in Texas is in an arid or semiarid area. 
Auger mining --A method of mining coal at a cliff or highwall by drilling holes 
into an exposed coal seam from the highwall and transporting the coal along an 
auger bit to the surface. 
Best Technology Currently Available (BTCA) --Equipment, devices, systems, 
methods, or techniques which will:
(A) prevent, to the extent possible, additional contributions of suspended 
solids to stream flow or runoff outside the permit area, but in no event result 
in contributions of suspended solids in excess of requirements set by applicable 
state or federal laws; and 
(B) minimize, to the extent possible, disturbances and adverse impacts on fish, 
wildlife and related environmental values, and achieve enhancement of those 
resources where practicable. The term includes equipment, devices, systems, 
methods, or techniques which are currently available anywhere as determined by 
the Commission, even if they are not in routine use. The term includes, but is 
not limited to, construction practices, siting requirements, vegetative 
selection and planting requirements, animal stocking requirements, scheduling of 
activities and design of sedimentation ponds in accordance with sec.sec.12.330 
through 12.403 and 12.500 through 12.572 of this title (relating to Permanent 
Program Performance Standards -- Surface Mining Activities, and to Permanent 
Program Performance Standards -- Underground Mining Activities). The Commission 
shall have the discretion to determine the best technology currently available 
on a case-by-case basis, as authorized by the Act and this chapter (relating to 
Coal Mining Regulations).
Blaster --A person who is directly responsible for the use of explosives.
Blaster certification --To issue to an applicant a Commission Blaster 
Certificate. 
Blasthole --A hole drilled for the placement of explosives in rock or other 
material to be blasted. 
Blasting crew --Persons whose function is to load explosive charges and assist 
blasters in the use of explosives.
Cemetery --Any area of land where human bodies are interred.
Certificate issuance --To grant to an applicant his or her first Commission 
blaster certificate.
Certificate reissuance --To grant to an applicant, who has had a Commission 
blaster certificate that expired or was revoked, a subsequent certificate for 
which additional training and examination are required. 
Certificate renewal --To grant to an applicant, who holds a Commission blaster 
certificate that is currently valid and not expired or revoked, a subsequent 
certificate for which training and examination are not required.
Certificate replacement --To grant to an applicant, who holds a Commission 
blaster certificate that is currently valid and not expired, suspended, or 
revoked, a duplicate certificate as a substitute for one that was lost or 
destroyed.
Certified blaster --A person who has met the qualifications of Subchapter M of 
this chapter (relating to Training) and who has been issued a Commission blaster 
certificate that is currently valid and not expired, suspended, or revoked.
CFR -- The federal Code of Federal Regulations. 
Close of public comment period --The close of a public hearing on a surface 
mining permit application. When no public hearing is held, this time shall be 30 
days after the last publication of the newspaper notice required by 
sec.12.207(a) of this title (relating to Public Notices of Filing of Permit 
Applications).
Coal --Combustible carbonaceous rock, classified as anthracite, bituminous, 
subbituminous, or lignite by ASTM Standard D 388-77.
Coal exploration --The field gathering of:
(A) Surface or subsurface geologic, physical, or chemical data by mapping, 
trenching, drilling, geophysical, or other techniques necessary to determine the 
quality and quantity of overburden and coal of an area; or 
(B) The gathering of environmental data to establish the conditions of an area 
before beginning surface coal mining and reclamation operations under the 
requirements of this chapter (relating to Coal Mining Regulations). 
Coal exploration operation --The substantial disturbance of the surface or 
subsurface for the purpose of coal exploration.
Coal mine waste --Coal processing waste and underground development waste. 
Coal mining operation --The business of developing, producing, preparing and 
loading bituminous coal, subbituminous coal, anthracite, or lignite, or of 
reclaiming the areas upon which such activities occur. 
Coal preparation --Chemical or physical processing and the cleaning, 
concentrating, or other processing or preparation of coal.
Coal processing plant or coal preparation plant --A facility where coal is 
subjected to chemical or physical processing or cleaning, concentrating, or 
other processing or preparation. It includes facilities associated with coal 
preparation activities, including, but not limited to, the following: loading 
facilities; storage and stockpile facilities; sheds, shops and other buildings; 
water treatment and water storage facilities; settling basins and impoundments; 
coal processing and other waste disposal areas; and, roads, railroads and other 
transport facilities. It does not include facilities operated by the final 
consumer of the coal, such as an electricity generating power plant, when, in 
the opinion of the Commission, the primary purpose of the facilities is to make 
the coal ready for conversion into a different energy form and the facilities 
are located at or near the electricity generating plant or other point of final 
consumption away from the mine site and outside of the approved mine permit 
area. 
Coal processing waste --Earth materials which are combustible, physically 
unstable, or acid-forming or toxic-forming, which are wasted or otherwise 
separated from product coal, and slurried or otherwise transported from coal 
preparation plants, after physical or chemical processing, cleaning, or 
concentrating of coal.
Combustible material --Organic material that is capable of burning, either by 
fire or through oxidation, accompanied by the evolution of heat and a 
significant temperature rise. 
Commission --The Railroad Commission of Texas. 
Commission Blaster Certificate --A certificate issued by the Commission to a 
person determined to be qualified under sec.sec.12.700 through 12.710 of this 
title (relating to Training, Examination, and Certification of Blasters) to be 
directly responsible for the use of explosives in mining operations regulated by 
the Commission. 
Commissioner --One of the elected or appointed members of the decision making 
body defined as the Commission. 
Community or institutional building --Any structure, other than a public 
building or an occupied dwelling, which is used primarily for meetings, 
gatherings or functions of local civic organizations or other community groups; 
functions as an educational, cultural, historic, religious, scientific, 
correctional, mental-health or physical health care facility; or is used for 
public services, including, but not limited to, water supply, power generation 
or sewage treatment. 
Compaction --Increasing the density of a material by reducing the voids between 
the particles and is generally accomplished by controlled placement and 
mechanical effort such as from repeated application of wheel, track, or roller 
loads from heavy equipment. 
Complete application --An application for exploration approval or permit, which 
contains all information required under the Act and this chapter (relating to 
Coal Mining Regulations). 
Cropland --Land used for the production of adapted crops for harvest, alone or 
in a rotation with grasses and legumes, and includes row crops, small grain 
crops, hay crops, nursery crops, orchard crops, and other similar specialty 
crops, but does not include quick cover crops grown primarily for erosion 
control.
Cumulative impact area --The area, including the permit area, within which 
impacts resulting from the proposed operation may interact with the impacts of 
all anticipated mining on surface-water and ground-water systems. Anticipated 
mining shall include, at a minimum, the entire projected lives through bond 
release of:
(A) the proposed operation; 
(B) all existing operations; 
(C) any operation for which a permit application has been submitted to the 
Commission; and 
(D) all operations required to meet diligent development requirements for leased 
federal coal for which there is actual mine development information available.
Department --The U.S. Department of the Interior. 
Direct financial interest --Ownership or part ownership by an employee of lands, 
stocks, bonds, debentures, warrants, partnership shares, or other holdings and 
also means any other arrangement where the employee may benefit from his or her 
holding in or salary from coal mining operations. Direct financial interests 
include employment, pensions, creditor, real property and other financial 
relationships.
Director --The Director or Acting Director, Office of Surface Mining Reclamation 
and Enforcement, within the U.S. Department of the Interior, or the Director's 
representative. 
Disturbed area --An area where vegetation, topsoil, or overburden is removed or 
upon which topsoil, spoil, coal processing waste, underground development waste, 
or noncoal waste is placed by surface coal mining operations. Those areas are 
classified as disturbed until reclamation is complete and the performance bond 
or other assurance of performance required by Subchapter J of this chapter 
(relating to Bond and Insurance Requirements for Surface Coal Mining and 
Reclamation Operations) is released. 
Diversion -- A channel, embankment, or other manmade structure constructed to 
divert water from one area to another.
Division --The Surface Mining and Reclamation Division of the Railroad 
Commission of Texas.
Downslope --The land surface between the projected outcrop of the lowest coal 
bed being mined along each highwall and a valley floor.
Embankment --An artificial deposit of material that is raised above the natural 
surface of the land and used to contain, divert, or store water, support roads 
or railways, or for other similar purposes.
Employee --Shall include:
(A) Any person employed by the Commission who performs any function or duty 
under the Act, including any of the Commissioners of the Railroad Commission of 
Texas; and 
(B) Advisory board or Commission members and consultants who perform any 
function or duty under the Act, if they perform decision making functions for 
the Commission under the authority of state law or regulations. However, members 
of advisory boards or commissions established in accordance with state law or 
regulations to represent multiple interests are not considered to be employees. 
Ephemeral stream --A stream which flows only in direct response to precipitation 
in the immediate watershed or in response to the melting of a cover of snow and 
ice, and which has a channel bottom that is always above the local water table. 
Essential hydrologic functions --The role of an alluvial valley floor in 
collecting, storing, regulating, and making the natural flow of surface or 
ground water, or both, usefully available for agricultural activities by reason 
of the valley floor's topographic position, the landscape and the physical 
properties of its underlying materials. A combination of these functions 
provides a water supply during extended periods of low precipitation.
(A) The role of the valley floor in collecting water includes accumulating 
runoff and discharge from aquifers in sufficient amounts to make the water 
available at the alluvial valley floor greater than the amount available from 
direct precipitation. 
(B) The role of the alluvial valley floor in storing water involves limiting the 
rate of discharge of surface water, holding moisture in soils, and holding 
ground water in porous materials. 
(C) The role of the alluvial valley floor in regulating:
(i) the natural flow of surface water results from the characteristic 
configuration of the channel flood plain and adjacent low terraces; and 
(ii) the natural flow of ground water results from the properties of the 
aquifers which control inflow and outflow. 
(D) The role of the alluvial valley floor in making water usefully available for 
agricultural activities results from the existence of flood plains and terraces 
where surface and ground water can be provided in sufficient quantities to 
support the growth of agriculturally useful plants, from the presence of earth 
materials suitable for the growth of agriculturally useful plants, from the 
temporal and physical distribution of water making it accessible to plants 
throughout the critical phases of the growth cycle either by flood irrigation or 
by subirrigation, from the natural control of alluvial valley floors in limiting 
destructive extremes of stream discharge, and from the erosional stability of 
earth materials suitable for the growth of agriculturally useful plants.
Existing structure --A structure or facility used in connection with or to 
facilitate surface coal mining and reclamation operations for which construction 
began prior to approval of the state program. 
Experimental practice --The use of alternative surface coal mining and 
reclamation operation practices for experimental or research purposes. 
Explosives --Any chemical compound, mixture, or device by whose decomposition or 
combustion gas is generated with such rapidity that it can be used for blasting. 
Extraction of coal as an incidental part --The extraction of coal which is 
necessary to enable the construction to be accomplished. For purposes of 
sec.sec.12.21 and 12.22 of this title (relating to Applicability, and to 
Information to be Maintained On Site), only that coal extracted from within the 
right-of-way, in the case of a road, railroad, utility line or other such 
construction, or within the boundaries of the area directly affected by other 
types of government-financed construction, may be considered incidental to that 
construction. Extraction of coal outside the right-of-way or boundary of the 
area directly affected by the construction shall be subject to the requirements 
of the Act and this chapter (relating to Coal Mining Regulations).
Federal Act --The "Surface Mining Control and Reclamation Act of 1977" (Pub. L. 
95-87). 
Federal lands --Any land, including mineral interests, owned by the United 
States, without regard to how the United States acquired ownership of the lands 
or which agency manages the lands. It does not include Indian lands.
Federal lands program --A program established by the Secretary, pursuant to 
Section 523 of the Federal Act, to regulate surface coal mining and reclamation 
operations on federal lands. 
Flood irrigation --With respect to alluvial valley floors, supplying water to 
plants by natural overflow or the diversion of flows, so that the irrigated 
surface is largely covered by a sheet of water. 
Flyrock --Rock or other blasted material that is propelled from a blast through 
the air or along the ground.
Fragile lands --Areas containing natural, ecologic, scientific or esthetic 
resources that could be significantly damaged by surface coal mining operations. 
Examples of fragile lands include valuable habitats for fish or wildlife, 
critical habitats for endangered or threatened species of animals or plants, 
uncommon geologic formations, paleontological sites, National Natural Landmarks, 
areas where mining may result in flooding, environmental corridors containing a 
concentration of ecologic and esthetic features, and areas of recreational value 
due to high environmental quality. 
Fugitive dust --That particulate matter not emitted from a duct or stack which 
becomes airborne due to the forces of wind or surface coal mining and 
reclamation operations or both. During surface coal mining and reclamation 
operations, it may include emissions from haul roads; wind erosion of exposed 
surfaces, storage piles, and spoil piles; reclamation operations; and other 
activities in which material is either removed, stored, transported, or 
redistributed.
Fund --The Abandoned Mine Reclamation Fund established pursuant to Section 401 
of the Federal Act.
General area --With respect to hydrology, the topographic and ground-water basin 
surrounding a mine plan area which is of sufficient size, including areal extent 
and depth, to include one or more watersheds containing perennial streams and 
ground-water zones and to allow assessment of the probable cumulative impacts on 
the quality and quantity of surface- and ground-water systems in the basins. 
Government financing agency --A federal, state, county, municipal, or local unit 
of government, or a department, bureau, agency or office of the unit which, 
directly or through another unit of government, finances construction. 
Government-financed construction --Construction funded 50 percent or more by 
funds appropriated from a government financing agency's budget or obtained from 
general revenue bonds, but shall not mean government financing agency 
guarantees, insurance, loans, funds obtained through industrial revenue bonds or 
their equivalent, or in-kind payments.
Ground water --Subsurface water that fills available openings in rock or soil 
materials to the extent that they are considered water saturated.
Half-shrub --A perennial plant with a woody base whose annually produced stems 
die back each year.
Head-of-hollow fill --A fill structure consisting of any material, other than 
coal processing waste and organic material, placed in the uppermost reaches of a 
hollow where side slopes of the existing hollow measured at the steepest point 
are greater than 20 degrees or the average slope of the profile of the hollow 
from the toe of the fill to the top of the fill is greater than 10 degrees. In 
fills with less than 250,000 cubic yards of material, associated with contour 
mining, the top surface of the fill will be at the elevation of the coal seam. 
In all other head-of-hollow fills, the top surface of the fill, when completed, 
is at approximately the same elevation as the adjacent ridge line, and no 
significant area of natural drainage occurs above the fill draining into the 
fill area. 
Highwall --The face of exposed overburden and coal in an open cut of a surface 
coal mining activity or for entry to underground mining activities. 
Historically used for cropland --Refers to:
(A) lands that have been used for cropland for any 5 years or more out of the 10 
years immediately preceding the acquisition, including purchase, lease, or 
option, of the land for the purpose of conducting or allowing through resale, 
lease or option the conduct of surface coal mining and reclamation operations; 
(B) lands that the Commission determines, on the basis of additional cropland 
history of the surrounding lands and the lands under consideration, that the 
permit area is clearly cropland but falls outside the specific 5-years-in-10 
criterion, in which case the regulations for prime farmland may be applied to 
include more years of cropland history only to increase the prime farmland 
acreage to be preserved; or 
(C) lands that would likely have been used as cropland for any 5 out of the last 
10 years, immediately preceding such acquisition but for some fact of ownership 
or control of the land unrelated to the productivity of the land. 
Historic lands --Historic, cultural, or scientific resources. Examples of 
historic lands include archeological sites, National Historic Landmarks, 
properties listed on or eligible for listing on a state or National Register of 
Historic Places, properties having religious or cultural significance to Native 
Americans or religious groups, and properties for which historic designation is 
pending. 
Hydrologic balance --The relationship between the quality and quantity of water 
inflow to, water outflow from, and water storage in a hydrologic unit such as a 
drainage basin, aquifer, soil zone, lake, or reservoir. It encompasses the 
dynamic relationships among precipitation, runoff, evaporation, and changes in 
ground and surface water storage. 
Hydrologic regime --The entire state of water movement in a given area. It is a 
function of the climate and includes the phenomena by which water first occurs 
as atmospheric water vapor, passes into a liquid or solid form, falls as 
precipitation, moves along or into the ground surface, and returns to the 
atmosphere as vapor by means of evaporation and transpiration. 
Imminent danger to the health and safety of the public --The existence of any 
condition or practice, or any violation of a permit or other requirements of the 
Act in a surface coal mining and reclamation operation, which condition, 
practice, or violation could reasonably be expected to cause substantial 
physical harm to persons outside the permit area before such condition, 
practice, or violation can be abated. A reasonable expectation of death or 
serious injury before abatement exists if a rational person, subjected to the 
same condition or practices giving rise to the peril, would not expose himself 
to the danger during the time necessary for abatement. 
Impoundment --A closed basin, naturally formed or artificially built, which is 
dammed or excavated for the retention of water, sediment, or waste. 
Indian lands --All lands, including mineral interests, within the exterior 
boundaries of any federal Indian reservation, notwithstanding the issuance of 
any patent, and including rights-of-way, and all lands including mineral 
interests held in trust for or supervised by an Indian tribe. 
Indian tribe --Any Indian tribe, band, group, or community having a governing 
body recognized by the Secretary. 
Indirect financial interest --The same financial relationships as for direct 
ownership, but where the employee reaps the benefits of such interests, 
including interests held by his or her spouse, minor child and other relatives, 
including in-laws, residing in the employee's home. The employee will not be 
deemed to have an indirect financial interest if there is no relationship 
between the employee's functions or duties and the coal mining operation in 
which the spouse, minor children or other resident relatives hold a financial 
interest. 
In situ processes --Activities conducted on the surface or underground in 
connection with in-place distillation, retorting, leaching, or other chemical or 
physical processing of coal. The term includes, but is not limited to, in situ 
gasification, in situ leaching, slurry mining, solution mining, borehole mining, 
and fluid recovery mining. 
Intermittent stream --A stream or reach of a stream that: 
(A) drains a watershed of at least one square mile; or 
(B) is below the local water table for at least some part of the year, and 
obtains its flow from both surface runoff and ground-water discharge.
Irreparable damage to the environment --Any damage to the environment that 
cannot be or has not been corrected by actions of the applicant.
Land use --Specific uses or management-related activities, rather than the 
vegetation or cover of the land. Land uses may be identified in combination when 
joint or seasonal uses occur. Changes of land use or uses from one of the 
following categories to another shall be considered as a change to an 
alternative land use which is subject to approval by the Commission. 
(A) Cropland. Land used for the production of adapted crops for harvest, alone 
or in a rotation with grasses and legumes, and includes row crops, small grain 
crops, hay crops, nursery crops, orchard crops, and other similar specialty 
crops. Land used for facilities in support of cropland farming operations which 
is adjacent to or an integral part of these operations is also included for 
purposes of these land use categories. 
(B) Pastureland or land occasionally cut for hay. Land used primarily for the 
long-term production of adapted, domesticated forage plants to be grazed by 
livestock or occasionally cut and cured for livestock feed. Land used for 
facilities in support of pastureland or land occasionally cut for hay which is 
adjacent to or an integral part of these operations is also included. 
(C) Grazingland. Includes both grasslands and forest lands where the indigenous 
vegetation is actively managed for grazing, browsing, or occasional hay 
production. Land used for facilities in support of ranching operations which are 
adjacent to or an integral part of these operations is also included. 
(D) Forestry. Land used or managed for the long-term production of wood, wood 
fiber, or wood derived products. Land used for facilities in support of forest 
harvest and management operations which is adjacent to or an integral part of 
these operations is also included. 
(E) Residential. Includes single- and multiple-family housing, mobile home 
parks, and other residential lodgings. Land used for facilities in support of 
residential operations which is adjacent to or an integral part of these 
operations is also included. Support facilities include, but are not limited to, 
vehicle parking and open space that directly relate to the residential use. 
(F) Industrial/Commercial. Land used for: 
(i) extraction or transformation of materials for fabrication of products, 
wholesaling of products, or for long-term storage of products. This includes all 
heavy and light manufacturing facilities, such as lumber and wood processing, 
chemical manufacturing, petroleum refining, and fabricated metal products 
manufacturing. Land used for facilities in support of these operations which is 
adjacent to or an integral part of that operation is also included. Support 
facilities include, but are not limited to, all rail, road, and other 
transportation facilities; or 
(ii) retail or trade of goods or services, including hotels, motels, stores, 
restaurants, and other commercial establishments. Land used for facilities in 
support of commercial operations which is adjacent to or an integral part of 
these operations is also included. Support facilities include, but are not 
limited to, parking, storage or shipping facilities. 
(G) Recreation. Land used for public or private leisure-time use, including 
developed recreation facilities such as parks, camps, and amusement areas, as 
well as areas for less intensive uses such as hiking, canoeing, and other 
undeveloped recreational uses. 
(H) Fish and wildlife habitat. Land dedicated wholly or partially to the 
production, protection or management of species of fish or wildlife. 
(I) Developed water resources. Includes land used for storing water for 
beneficial uses, such as stockponds, irrigation, fire protection, flood control, 
and water supply. 
(J) Undeveloped land or no current use or land management. Land that is 
undeveloped or, if previously developed, land that has been allowed to return 
naturally to an undeveloped state or has been allowed to return to forest 
through natural succession.
Knowingly --With respect to sec.sec.12.696 through 12.699 of this title 
(relating to Individual Civil Penalties), that an individual knew or had reason 
to know in authorizing, ordering, or carrying out an act or omission on the part 
of a corporate permittee that such act or omission constituted a violation, 
failure, or refusal. 
Materially damage the quantity or quality of water --With respect to alluvial 
valley floors, changes in the quality or quantity of the water supply to any 
portion of an alluvial valley floor where such changes are caused by surface 
coal mining and reclamation operations and result in changes that significantly 
and adversely affect the composition, diversity, or productivity of vegetation 
dependent on subirrigation, or which result in changes that would limit the 
adequacy of the water for flood irrigation of the irrigable land acreage 
existing prior to mining. 
Mine plan area --The area of land and water within the boundaries of all permit 
areas during the entire life of the surface coal mining and reclamation 
operations. At a minimum, it includes all areas which are or will be affected 
during the entire life of those operations. Other terms defined in this section 
which relate closely to mine plan area are:
(A) permit area, which will always be within or the same as the mine plan area; 
(B) affected area, which will always be within or the same as the permit area; 
and 
(C) adjacent area, which may surround or extend beyond the affected area, permit 
area, or mine plan area.
Moist bulk density --The weight of soil (oven dry) per unit volume. Volume is 
measured when the soil is at field moisture capacity (1/3 bar moisture tension). 
Weight is determined after drying the soil at 105 degrees C. 
Monitoring --The collection of environmental data by either continuous or 
periodic sampling methods. 
Mulch --Vegetation residues or other suitable materials that aid in soil 
stabilization and soil moisture conservation, thus providing micro-climatic 
conditions suitable for germination and growth. 
Natural hazard lands --Geographic areas in which natural conditions exist which 
pose or, as a result of surface coal mining operations, may pose a threat to the 
health, safety or welfare of people, property or the environment, including 
areas subject to landslides, cave-ins, large or encroaching sand dunes, severe 
wind or soil erosion, frequent flooding, avalanches and areas of unstable 
geology. 
Noxious plants --Species that have been included on official Texas list of 
noxious plants. 
Occupied dwelling --Any building that is currently being used on a regular or 
temporary basis for human habitation. 
Office --The Office of Surface Mining Reclamation and Enforcement, within the 
U.S. Department of the Interior, established under Title II of the Federal Act. 
Operator --Any person engaged in coal mining who removes or intends to remove 
more than 250 tons of coal from the earth or from coal refuse piles by mining 
within 12 consecutive calendar months in any one location.
Outslope --The face of the spoil or embankment sloping downward from the highest 
elevation to the toe. 
Overburden --Material of any nature, consolidated or unconsolidated, that 
overlies a coal deposit, excluding topsoil. 
Owned or controlled and owns or controls --Any one or a combination of the 
following relationships:
(A) being a permittee of a surface coal mining operation;
(B) based on instrument of ownership or voting securities, owning of record in 
excess of 50 percent of an entity; 
(C) having any other relationship which gives one person authority directly or 
indirectly to determine the manner in which an applicant, an operator, or other 
entity conducts surface coal mining operations; or
(D) the following relationships are presumed to constitute ownership or control 
unless a person can demonstrate that the person subject to the presumption does 
not, in fact, have the authority directly or indirectly to determine the manner 
in which the relevant surface coal mining operation is conducted: 
(i) being an officer or director of an entity; 
(ii) being the operator of a surface coal mining operation; 
(iii) having the ability to commit the financial or real property assets or 
working resources of an entity;
(iv) being a general partner in a partnership; 
(v) based on the instruments of ownership or the voting securities of a 
corporate entity, owning of record 10 percent through 50 percent of the entity; 
or 
(vi) owning or controlling coal to be mined by another person under a lease, 
sublease or other contract and having the right to receive such coal after 
mining or having authority to determine the manner in which that person or 
another person conducts a surface coal mining operation. 
Owner of record or ownership interest of record --The owner and address as shown 
in the tax records of the Texas Assessor-Collector of taxes for the county where 
the property is located.
Perennial stream --A stream or part of a stream that flows continuously during 
all of the calendar year as a result of ground-water discharge or surface 
runoff. The term does not include intermittent stream or ephemeral stream. 
Performance bond --A surety bond, collateral bond or self-bond or a combination 
thereof, by which a permittee assures faithful performance of all the 
requirements of the Act, this chapter (relating to Coal Mining Regulations), and 
the requirements of the permit and reclamation plan. 
Performing any function or duty under this Act --Those decisions or actions, 
which if performed or not performed by an employee, affect the programs under 
the Act. 
Permanent diversion --A diversion remaining after surface coal mining and 
reclamation operations are completed which has been approved for retention by 
the Commission and other appropriate state and federal agencies.
Permanent impoundment --An impoundment which is approved by the Commission and, 
if required, by other state and federal agencies for retention as part of the 
postmining land use. 
Permit --A permit to conduct surface coal mining and reclamation operations 
issued by the Commission. 
Permit area --The area of land and water indicated on the map submitted by the 
operator with his application, as approved by the Commission, which area shall 
be covered by the operator's bond as required by sec.sec.134.121 through 134.127 
of the Act and shall be readily identifiable by appropriate markers on the site. 
This area shall include, at a minimum, all areas which are or will be affected 
by the surface coal mining and reclamation operations during the term of the 
permit. 
Permittee --A person holding or required by the Act or this chapter (relating to 
Coal Mining Regulations) to hold a permit to conduct surface or underground coal 
mining and reclamation operations issued by the Commission. 
Person --An individual, partnership, society, joint stock company, firm, 
company, corporation, business organization, governmental agency, or any 
organization or association of citizens. 
Person having an interest which is or may be adversely affected or person with a 
valid legal interest -- Shall include any person:
(A) who uses any resources of economic, recreational, esthetic, or environmental 
value that may be adversely affected by coal exploration or surface coal mining 
and reclamation operations or any related action of the Commission; or 
(B) whose property is or may be adversely affected by coal exploration or 
surface coal mining and reclamation operations or any related action of the 
Commission. 
Precipitation event --A quantity of water resulting from drizzle, rain, snow, 
sleet, or hail in a limited period of time. It may be expressed in terms of 
recurrence interval. As used in these regulations, precipitation event also 
includes that quantity of water emanating from snow cover as snowmelt in a 
limited period of time. 
Prime farmland --Those lands which are defined by the Secretary of Agriculture 
in 7 CFR 657 and which have been historically used for cropland.
Principal shareholder --Any person who is the record or beneficial owner of 10 
percent or more of any class of voting stock. 
Probable cumulative impacts --The expected total qualitative, and quantitative, 
direct and indirect effects of mining and reclamation activities on the 
hydrologic regime. 
Probable hydrologic consequences --The projected result of proposed surface coal 
mining and reclamation operations which may reasonably be expected to change the 
quantity or quality of the surface- or ground-water flow, timing and pattern; 
the stream-channel conditions; and the aquatic habitat on the permit area and 
other affected areas. 
Professional specialist --A person whose training, experience, and professional 
certification or licensing are acceptable to the Commission for the limited 
purpose of performing certain specified duties under this chapter (relating to 
Coal Mining Regulations). 
Prohibited financial interest --Any direct or indirect financial interest in any 
coal mining operation. 
Property to be mined --Both the surface and mineral estates on and underneath 
lands which are within the permit area.
Public building --Any structure that is owned or leased, and principally used by 
a governmental agency for public business or meetings.
Publicly-owned park --A public park that is owned by a federal, state or local 
governmental entity. 
Public office --A facility under the direction and control of a governmental 
entity which is open to public access on a regular basis during reasonable 
business hours. 
Public park --An area or portion of an area dedicated or designated by any 
federal, state, or local agency primarily for public recreational use, whether 
or not such use is limited to certain times or days, including any land leased, 
reserved, or held open to the public because of that use.
Public road -- Any thoroughfare open to the public for passage of vehicles. 
Qualified jurisdiction --A state or federal mining regulatory authority that has 
a blaster certification program approved by the U.S. Department of the Interior, 
Office of Surface Mining Reclamation and Enforcement, in accordance with the 
Federal Act. 
Qualified laboratory --A designated public agency, private consulting firm, 
institution, or analytical laboratory which can provide the required 
determination or statement required under sec.sec.12.234 through 12.243 of this 
title (relating to Small Operator Assistance Program). 
Rangeland --Land on which the natural potential (climax) plant cover is 
principally native grasses, forbs, and shrubs valuable for forage. This land 
includes natural grass lands and savannahs, such as prairies, and juniper 
savannahs, such as brushlands. Except for brush control, management is primarily 
achieved by regulating the intensity of grazing and season of use. 
Recharge capacity --The ability of the soils and underlying materials to allow 
precipitation and runoff to infiltrate and reach the zone of saturation. 
Reciprocity --The conditional recognition by the Commission of a blaster 
certificate issued by another qualified jurisdiction. 
Reclamation --Those actions taken to restore mined land as required by this 
chapter (relating to Coal Mining Regulations) to a postmining land use approved 
by the Commission. 
Recurrence interval --The interval of time in which a precipitation event is 
expected to occur once, on the average. For example, the 10-year, 24-hour 
precipitation event would be that 24-hour precipitation event expected to occur 
on the average once in 10 years. 
Reference area --A land unit maintained under appropriate management for the 
purpose of measuring vegetation ground cover, productivity and plant species 
diversity that are produced naturally or by crop production methods approved by 
the Commission. Reference areas must be representative of geology, soil, slope, 
and vegetation in the permit area. 
Regional Director --A Regional Director of the Office or a Regional Director's 
representative. 
Registered professional engineer --A person who is duly licensed by the Texas 
State Board of Registration for Professional Engineers to engage in the practice 
of engineering in this state.
Renewable resource lands --Aquifers and areas for the recharge of aquifers and 
other underground waters, areas for agricultural or silvicultural production of 
food and fiber, and grazing lands. With respect to Subchapter F of this chapter 
(relating to Lands Unsuitable for Mining), geographic areas which contribute 
significantly to the long-range productivity of water supply or of food or fiber 
products, such lands to include aquifers and aquifer recharge areas.
Road --A surface right-of-way for purposes of travel by land vehicles used in 
surface coal mining and reclamation operations or coal exploration. A road 
consists of the entire area within the right-of-way, including the roadbed, 
shoulders, parking and side areas, appr