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 4. AGRICULTURE
PART I. Texas Department of Agriculture
CHAPTER 9.Seed Quality
Special Provisions for Labeling
4 TAC sec.9.10
The Texas Department of Agriculture (the department) proposes an amendment to 
sec.9.10, concerning the labeling of treated seed under the Texas Seed Law. The 
purpose of the proposed amendment is to provide notice to consumers using 
treated seed so that they can take precautionary action if necessary, based on 
the label. The Texas seed regulations currently do not address the labeling of 
treated seed offered for sale or sold within Texas, and the Federal Insecticide, 
Fungicide, and Rodenticide Act only covers applications of a substance to the 
seed and does not extend to the labeling of the seed product after treatment. 
The department published an emergency adoption of this proposed amendment in the 
December 17, 1996, issue of the Texas Register (21 TexReg 12039), effective 
until March 9, 1997. 
Charles Leamons, director for seed quality, has determined that for the first 
five-year period the section is in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
section. 
Mr. Leamons also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section is providing notice of seed treatment to consumers so that consumers 
using treated seed can take precautionary action if necessary based on the 
label. There will be no effect on small businesses. There is no anticipated 
economic cost to persons who are required to comply with the section as 
proposed.
Comments on the proposal may be submitted to Charles Leamons, Director for Seed 
Quality, Texas Department of Agriculture, P. O. Box 629, Giddings, Texas 78942. 
Comments must be received no later than 30 days from the date of the publication 
of the proposal in the Texas Register. 
The amendment is proposed under the Texas Agriculture Code, sec.61.002, which 
provides the Texas Department of Agriculture with the authority to adopt rules 
as necessary for the efficient enforcement of the Texas Seed Law. 
The Texas Agriculture Code, Chapter 61, is affected by the proposal. 

sec.9.10.Treated Seed.
<nl>Treated seed must meet the most current labeling requirements adopted in the 
Federal Seed Act regulations. The Department of Agriculture hereby adopts by 
reference the requirements found at 7 Code of Federal Regulations, sec.201.31a. 
Information relative to obtaining copies of the material adopted by reference 
may be obtained by writing to the Texas Department of Agriculture, Seed Quality, 
P. O. Box 629, Giddings, Texas 78942. A copy is also available for public 
inspection at the Texas Department of Agriculture, Seed Quality, W. H. (Bill) 
Pieratt Building, Giddings, Texas. <ol> [All treated seed shall be labeled in 
accordance with the Federal Insecticide, Fungicide and Rodenticide Act, as 
amended]. 
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 January 6, 1997.
TRD-9700166
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: February 17, 1997
For further information, please call: (512) 463-7583

TITLE 13. CULTURAL RESOURCES
PART IV. Records Management Interagency Coordinating Board 
CHAPTER 51.Electronic Documents
13 TAC sec.51.1, sec.51.3
The Records Management Interagency Coordinating Council proposes new sec.51.1 
and sec.51.3, concerning authentication of governmental electronic records. The 
Council first proposed these sections in the July 26, 1996, Texas Register (21 
TexReg 6931). The Council withdraws that proposal and submits a revised draft of 
the sec.51.1 which includes the judiciary in the definition for Government Body. 
The new rules are proposed under the authority of the Texas Government 
Code,sec.441.053(g). The rules will establish standards for government bodies to 
authenticate on-line electronic documents obtained from an official source or by 
means of digital signature. 
Robert S. Martin, Chairman of the Council, has determined that for each year of 
the first five years the rules are in effect there will be no fiscal 
implications for state and local government as a result of enforcing or 
administering the rules. 
Dr. Martin also has determined that for each year of the first five years the 
rules as proposed are in effect, the public will benefit from government records 
being made more readily available in electronic form with assurance that the 
records are identical to the original source. There will be no effect on small 
businesses. There is no anticipated economic cost to persons required to comply 
with the rules as proposed. 
Comments on the proposal may be submitted to Robert S. Martin, Chairman of the 
Records Management Interagency Coordinating Council, Texas State Library, P.O. 
Box 12927 Austin, Texas, 78711-2927, within 30 days of publication in the Texas 
Register. 
The rules are proposed under the Texas Government Code, sec.441.053, which 
provides the Records Management Interagency Coordinating Council with the 
authority to adopt rules to improve the state's management of records. The Texas 
Government Code, sec.441.053(g) is affected by the proposed rules. 

sec.51.1.Definitions.
The following words and terms, when used in this chapter, shall have the 
following meanings, unless the context clearly indicates otherwise. 
Electronic Format- Information accessible by a computer. 
Electronic Public Information - Any public information as defined in the Public 
Information Act, Government Code, sec.552.002, that is stored or transmitted in 
any electronic format. 
Governmental Body - A board, commission, department, committee, institution, 
agency, or office that is within or is created by the executive or legislative 
branch of state government and that is directed by one or more elected or 
appointed members; 
(A) a county commissioners court in the state; 
(B) a municipal governing body in the state; 
(C) a deliberative body that has rulemaking or quasi-judicial power and that is 
classified as a department, agency, or political subdivision of a county or 
municipality; 
(D) a school district board of trustees; 
(E) a county board of education; 
(F) the governing board of a special district; 
(G) the governing body of a nonprofit corporation organized under Chapter 76, 
Acts of the 43rd Legislature, 1st Called Session (Article 1434a Vernon's Texas 
Civil Statutes), that provide a water supply or wastewater service, or both, and 
is exempt from ad valorem taxation under sec.11.30, Tax Code; 
(H) the part, section, or portion of an organization, corporation, commission, 
committee, institution or agency that spends or that is supported in whole or in 
part by public funds of the state or of a governmental subdivision of the state; 
and 
(I) the judiciary. 
On-line - Accessible via a computer, a computer network such as the internet, or 
via a dial-in bulletin board system using a computer or computer terminal. 

sec.51.3.Authentication of On-line Electronic Public Information.
(a) Electronic public information will be considered authentic when: 
(1) it is on-line and meets the following requirements: 
(A) it is obtained directly from an electronic source that a governmental body 
has declared to be an official source of on-line electronic public information 
for that governmental body, and 
(B) the public information includes the statement, "This document can only be 
presumed to be authentic if it is in its original electronic format and only if 
obtained from an official source of the originating governmental body;" or 
(2) it is digitally signed and obtained as follows:
(A) it is in an electronic format with digital signature appended and 
(B) the digital signature meets the requirements of administrative rules of the 
Department of Resources, and 
(C) the digital signature is the official signature of a governmental body as 
defined by administrative rules of the Department of Information Resources. 
(b) Government bodies will notify the Texas State Library and Archives 
Commission each time they designate an official source of on-line electronic 
public information. 
(c) Subsection (a)(2) of this section will be valid only when the Department of 
Information Resources has adopted administrative rules to implement this 
section. 
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 January 7, 1997.
TRD-9700187
Robert S .Martin
Chairman
Records Management Interagency Coordinating Council
Earliest possible date of adoption: February 17, 1997
For further information, please call: (512) 463-5460

TITLE 22. EXAMINING BOARDS
PART XV. Texas State Board of Pharmacy
CHAPTER 283.Licensing Requirements for Pharmacists
22 TAC sec.283.7, sec.283.9
The Texas State Board of Pharmacy proposes amendments to sec.283.7 and 
sec.283.9, concerning Examination Requirements and Fee Requirements for 
Licensure by Examination and Reciprocity. 
These amendments will change the (1) method of payment of these fees by the 
applicant; (2) refund policies of the agency; (3) procedures to score transfer a 
NAPLEX score to other states; and (4) make the application deadlines the same 
for NAPLEX and Reciprocity Candidates. 
The Texas State Board of Pharmacy contracts with the National Association of 
Board's of Pharmacy (NABP) to develop, administer and grade the North American 
Pharmacist Licensing Examination. Beginning in March 1997, the pen and paper 
NAPLEX will convert to a computer-adaptive examination developed by NABP and 
administered in approved test network centers (Sylvan Technology Centers and 
approved test centers in board of pharmacy offices). With the implementation of 
the computer adaptive examination, NABP has changed the procedures for payment 
of fees, refunds, and score transfers. These rule amendments will make the rules 
consistent with the NABP policies. 
Fred S. Brinkley, Jr., R.Ph., M.B.A., Executive Director/Secretary has 
determined that for the first five-year period the rules are in effect there 
will be no fiscal implications for state or local government as a result of 
enforcing or administering the rules. 
Mr. Brinkley also has determined that for each year of the first five-year 
period the rules will be in effect the public benefit anticipated as a result of 
enforcing the rules will be the establishment of a system for licensing 
qualified individuals as pharmacists. 
There will be no effect on small businesses and there are no anticipated 
economic costs to persons who are required to comply with the rules as proposed. 
Comments on the proposal may be submitted to Gay Dodson, Director of Compliance, 
333 Guadalupe, Box 21, Suite 3-600, Austin, Texas, 78701-3942. 
The amendments are proposed under the Texas Pharmacy Act (Article 4542a-1, 
Vernon's Texas Civil Statutes), sec.30, which specifies that the Board shall 
establish reasonable and necessary fees so that fees, in the aggregate, produce 
sufficient revenue to cover the cost of administering this Act; and sec.21 which 
specifies the qualifications for licensing by examination.  
The statutes affected by the rules: Texas Civil Statutes, Article 4542a-1. 

sec.283.7. Examination Requirements.
Each applicant for licensure by examination shall pass the Texas Pharmacy 
Jurisprudence Examination and the NAPLEX. The examination requirements shall be 
as follows: 
(1)-(5) (No change) 
[(6) If the applicant should fail both NAPLEX and the Texas Pharmacy 
Jurisprudence Examination, the examinations shall be retaken at the same 
administration as specified in 283.11 of this title (relating to Examination 
Retake Requirements).] 
<nl>(6)<ol> [(7)] If the applicant should fail one of the examinations, the 
grade of the examination which the applicant initially passed may be used for 
the purpose of licensure by examination for a period of two years from the date 
of passing the initial examination.
<nl>(7)<ol> [(8)] Examination applications and fees as specified in 283.9(a) of 
this title (relating to Fee Requirements for Licensure by Examination and 
Reciprocity) shall be received in the board office no later than <nl>six weeks 
prior to the examination date. <ol>[the following prescribed deadlines: 
[(A) for the initial examination or retake of NAPLEX and the Texas Pharmacy 
Jurisprudence Examination - six weeks prior to the examination date; and 
[(B) for retake of the Texas Pharmacy Jurisprudence Examination only three weeks 
prior to the examination date.] 
<nl>(8)<ol> [(9)] Each applicant for licensure by examination utilizing NAPLEX 
scores transferred from another state shall meet the following requirements for 
licensure in addition to the requirements set out in paragraphs<nl> (1) - 
(7)<ol> [(1) - (8)] of this section. 
(A) The applicant shall request NABP to transfer NAPLEX scores to the board. 
Such request shall be <nl>in accordance with NABP policy. <ol> [postmarked no 
later than seven days from the date of the NAPLEX test administration.] 
(B) The applicant shall pay the fee set out in 283.9 of this title (relating to 
Fee Requirements for Licensure by Examination and Reciprocity).

sec.283.9. Fee Requirements for Licensure by Examination and Reciprocity.
(a) The fees for licensure by examination and reciprocity <nl>shall include one 
exam administration and <ol>are as follows:
<nl>(1)<ol> <nl>examination fee -- $300 effective for the June 1995 examination. 
Effective for the March 1997 examination, the $300 fee includes: <ol>
<nl>(A)<ol> <nl> a NAPLEX application fee of $250, which is to be paid to NABP 
in accordance with NABP policy; and <ol>
<nl>(B)<ol> <nl> an examination processing fee of $50, which is to be paid to 
the Texas State Board of Pharmacy and includes processing of the NAPLEX 
application and/or administration of the Texas Pharmacy Jurisprudence 
Examination).<ol>
[(1) examination fee--$200 effective for the June 1988 examination and $300 
effective for the June 1995 examination (includes administration of NABPLEX and 
Texas Pharmacy Jurisprudence Examination); and] 
(2) (No change.)
(b) If an applicant fails an examination or is required to take an examination 
for reinstatement of a license, the fees for <nl> one exam administration<ol> 
[administration of the examination(s)] are as follows: 
<nl>(1)<ol> <nl>NAPLEX and Texas Pharmacy Jurisprudence or NAPLEX only -- $300, 
effective for the June 1995 examination. Effective for the March 1997 
examination, the $300 fee includes: <ol>
<nl>(A)<ol> <nl> a NAPLEX application fee of $250, which is to be paid to NABP 
in accordance with NABP policy; and <ol>
<nl>(B)<ol> <nl> an examination processing fee of $50, which is to be paid to 
the Texas State Board of Pharmacy and includes processing of the NAPLEX 
application and/or administration of the Texas Pharmacy Jurisprudence 
Examination).<ol>
[(1) NAPLEX and Texas Pharmacy Jurisprudence or NAPLEX only--$200, effective for 
the June 1988 examination and $300, effective for the June 1995 examination; 
and] 
(2) (No change.)
<nl>(c)<ol> <nl>Rescheduling or canceling an examination appointment. Refunds of 
fees are available under limited circumstances as follows. <ol>
<nl>(1)<ol> <nl>Examination Fee - $300. <ol>
<nl>(A)<ol> <nl> $250 NAPLEX application fee -- refunds are available under 
limited circumstances and in accordance with NABP policy. Rescheduling of an 
examination appointment shall be in accordance with NABP policy. <ol>
<nl>(B)<ol> <nl> $50 examination processing fee - written notification must be 
received in the board office no later than six weeks before the scheduled 
examination date in order to receive a refund or to reschedule an 
examination.<ol>
<nl>(2)<ol> <nl> Reciprocity Fee -- $250. Written notification must be received 
in the board office no later than six weeks before the scheduled examination 
date in order to receive a refund or to reschedule an examination. <ol>
<nl>(3)<ol> <nl> Texas Pharmacy Jurisprudence Examination -- $50. Written 
notification must be received in the board office no later than six weeks before 
the scheduled examination date, in order to receive a refund or re-schedule an 
examination. <ol>
[(c) Payment of the fee shall include one exam administration. Such fee is 
nonrefundable, if the applicant fails to be present at a scheduled examination, 
unless the board receives written notification no later than six weeks before 
the date of such examination that the applicant will not be present at the 
examination.] 
(d)-(e) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 18, 1996.
TRD-9700081
Fred S. Brinkley, Jr., R.Ph., M.B.A.
Executive Director/Secretary
Texas State Board of Pharmacy
Earliest possible date of adoption: February 17, 1997
For further information, please call: (512) 305-8027

PART XXI. Texas State Board of Examiners of Psychologists
CHAPTER 461.General Rules
22 TAC sec.461.7
The Texas State Board of Examiners of Psychologists proposes an amendment to 
sec.461.7 concerning Inactive Status. The amendment is being proposed in order 
to consolidate all rules regarding inactive status for licensees/certificands, 
as well as to identify all other license statuses. 
Sherry L. Lee, Executive Director, has determined that for the first five-year 
period the rule is in effect there will be no fiscal implications for state or 
local government as a result of enforcing or administering the rule. 
Ms. Lee also has determined that for each year of the first five years the rule 
is in effect the public benefit anticipated as a result of enforcing the rule 
will be to make the rules easier to understand and follow and to better inform 
the public of the status of a particular licensee. There will be no effect on 
small businesses. There is no anticipated economic cost to persons who are 
required to comply with the rule as proposed. 
Comments on the proposal may be submitted to Janice C. Alvarez, Texas State 
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas 
78701, (512) 305-7700. 
The amendment is proposed under Texas Civil Statutes, Article 4512c, which 
provide the Texas State Board of Examiners of Psychologists with the authority 
to make all rules, not inconsistent with the Constitution and Laws of this 
State, which are reasonably necessary for the proper performance of its duties 
and regulations of proceedings before it. 
The proposed amendment does not affect other statutes, articles, or codes.

sec.461.7.<nl>License Statuses <ol>[Inactive Status].
<nl>(a)<ol> <nl>Active Status. Any person with a license on active status may 
practice psychology pursuant to that license. Any license that is not on 
inactive, delinquent, retired, resigned, void or revoked status is considered to 
be on active status. Active status is the only status under which a licensee may 
engage in the practice of psychology. <ol>
<nl>(b)<ol> <nl>Inactive Status <ol>
<nl>(1)<ol> Persons who seek inactive status [for their certification and/or 
licensure are required to] <nl> must<ol> return their [certificate and] license 
to the Board. [See Chapter 473 of this title (relating to fees).] <nl>A person 
may not engage in the practice of psychology under an inactive license.<ol>
<nl>(2)<ol><nl>A person may place his/her active license on inactive status for 
a period of two years. Reactivation of this license may occur at any time during 
this two-year period without the person having to take an exam provided that the 
person notifies the Board and pays the required fees. At the end of the two-year 
period, if the person has not been reactivated, the license automatically 
becomes void. The inactive status may be extended for additional increments of 
two years if, prior to the end of each two-year period, the person notifies the 
Board in writing that an extension is requested and submits proof to the Board 
of continuous licensure by a psychology licensing board in another jurisdiction 
for the past two-year period and payment of all required fees. A person may 
indefinitely remain on inactive status if he/she is licensed in another 
jurisdiction and complies with the extension requirements set forth above. Any 
person wishing to reactivate his/her license that has been on inactive status 
for four years or more must take and pass the Jurisprudence Exam with the 
minimum acceptable score as set forth in sec.463.14 of this title (relating to 
Cutoff Scores). <ol>
<nl>(3)<ol> <nl> Any person who returns to active status after having been on 
inactive status must provide proof of compliance with sec.461.11 of this title 
(relating to Continuing Education) before reactivation will occur. <ol>
(4) Persons who placed their license on inactive status prior to January 31, 
1992: 
(A) May be grandparented to active status within one year of the effective date 
of this rule by notifying the Board in writing, submitting the required 
continuing education hours, paying the required fees, and passing the 
Jurisprudence Exam; or 
(B) May extend their inactive status by notifying the Board, submitting 
documentation that they have been continuously licensed in another jurisdiction 
for the previous two years, and paying the required fees. 
<nl>(c)<ol> <nl>Delinquent Status. A person who fails to renew his/her license 
for any reason when required is considered to be on delinquent status. Any 
license delinquent for more than one consecutive year shall be void. A person 
may not engage in the practice of psychology under a delinquent license. <ol>
<nl>(d)<ol> <nl>Restricted status. Any license that is currently subject to 
disciplinary action and/or sanction is considered to be on restricted status. A 
person practicing under a restricted license must comply with any restrictions 
placed thereon by the Board. <ol>
<nl>(e)<ol> <nl>Retirement Status. A person who is on active or inactive status 
with the Board may retire by notifying the Board in writing prior to or up until 
the renewal date for the license. A person seeking to retire after his or her 
renewal date must submit a written request to the Board stating the reasons that 
notice was not given prior to the expiration date. A person with a pending 
complaint, a restricted license, a delinquent license, or who is otherwise not 
in compliance with all applicable Board rules may not retire his or her license 
without written permission from the Board. Permission to retire will not be 
granted for the purpose of allowing a licensee to avoid compliance with 
sec.461.11 of this title (relating to Continuing Education). A person who 
retires shall be reported to have retired in good standing. <ol>
<nl>(f)<ol> <nl>Resignation Status. A person may resign only upon express 
agreement by the Board. A person who resigns shall be reported as: <ol>
(1) Resigned in lieu of adjudication if permitted to resign while a complaint is 
pending; 
(2) Resigned in lieu of further disciplinary action if permitted to resign while 
the license is subject to restriction; and 
(3) Resigned in lieu of delinquency status if permitted to resign prior to 
voiding of the license due to failure to renew. 
<nl>(g)<ol> <nl>Void Status. The Board may void any license that is no longer in 
active or inactive standing. An individual may not engage in the practice of 
psychology under a void license. A license that has been voided may not be 
reinstated for any reason. A licensee whose license has been voided must submit 
a new application if he or she wishes to obtain a new license with the Board. 
<ol>
<nl>(h)<ol> <nl>Revoked Status. A license is revoked pursuant to Board Order 
after a disciplinary action in compliance with due process of law in which the 
Board has found that a licensee has violated the Board's rules and that the 
continued practice of psychology by the licensee is not in the best interest of 
the public. <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 January 6, 1997.
TRD-9700158
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: February 17, 1997
For further information, please call: (512) 305-7700

TITLE 30. ENVIRONMENTAL QUALITY
PART I. Texas Natural Resource Conservation Commission
CHAPTER 331.Underground Injection Control 
The Texas Natural Resource Conservation Commission (commission) proposes to 
repeal sec.sec.331.8 and 331.31-331.36, and proposes amendments to 
sec.sec.331.2, 331.4, 331.7, 331.9-331.13, 331.42-331.46, 331.63-331.66, 331.68, 
331.81-331.86, 331.121, and 331.122. 
EXPLANATION OF PROPOSED RULE. The purpose of this rule package is to make the 
rules consistent with federal regulations, clarify existing regulations, and 
amend regulations that have no environmental impact to allow for either greater 
flexibility than currently allowed or removal of unnecessary restrictions. While 
state requirements must be at least as stringent as the corresponding federal 
requirement, states authorized to implement the federal Underground Injection 
Control (UIC) program are not required to adopt the federal requirements 
verbatim (see 40 CFR sec.145.11(b)(1)). Therefore, in most cases, this proposed 
rule package neither contains identical language to the federal regulations 
referenced nor does it incorporate or paraphrase all of that corresponding 
federal provision. However, in all cases, a proposed rule ensures at least the 
equivalent level of environmental protection as that afforded by the 
corresponding federal regulation. The package is not intended as a major 
overhaul of the UIC program, but as an update for purposes of maintaining 
federal UIC program delegation and providing some regulatory relief. 
Proposed sec.331.2, regarding Definitions, is being amended to cross-reference 
30 TAC Chapter 3 for general definitions; incorporate 40 Code of Federal 
Regulations (CFR) sec.144.2 definitions for "Drilling mud," "Plugging," 
"Resource Conservation and Recovery Act (RCRA)," "Safe Drinking Water Act 
(SDWA)," and "Total dissolved solids"; to incorporate 40 CFR sec.146.3 
definitions for "Area of review," "Disposal well," and "Well stimulation"; to 
correct citations and clarify the language in the definition of "Existing 
injection well"; to delete the definition of "Permit"; to delete references to 
the Texas Water Commission in the definitions of "Salt cavern solid waste 
disposal well or salt cavern disposal well," and "Upper limit"; and to provide a 
definition for "Workover" as a part of the streamlining effort. 
Proposed sec.331.4, regarding required mechanical integrity, is being amended to 
improve clarity and to incorporate 40 CFR sec.144.51(q)(2). Proposed 
sec.331.7(b) (relating to Permit Required), is being amended to improve clarity 
and to incorporate 40 CFR sec.144.33(a)(3). 
The commission proposes to repeal sec.331.8 (relating to Application Required 
for Existing Wells) to remove an obsolete requirement. These rule provisions for 
Class I and III wells are proposed for repeal because all existing wells have 
already received permits. 
Proposed sec.331.9 (relating to Authorization by Rule) is being amended to 
delete subsections (a), (b), (d), (e), (h), and (i), which contain obsolete 
requirements; old subsections (c), (f), (g) and (j) are renumbered; two new 
paragraphs are added to renumbered subsection (b) to incorporate 40 CFR 
sec.144.24(b) and (c); and the subsection (b) language is also clarified. 
Renumbered sec.331.9(d) is being amended to clarify its language. 
Proposed sec.331.10 (b) is being amended to delete some obsolete information. 
Proposed sec.331.11(a)(4) is being amended to incorporate the first sentence of 
40 CFR sec.146.51(a). 
Proposed sec.331.12(a) is being amended for editorial changes. Proposed 
sec.331.12(a)(4) is being deleted to comply with the federal program. Proposed 
sec.331.12(b) is being amended to remove an obsolete agency name. 
Proposed sec.331.13(c)-(f) is being amended by adding two new subsections, (d) 
and (e); incorporating 40 CFR sec.144.7(b)(2) and (3); and renumbering old 
subsection (d) to (f) with an editorial change. 
The commission proposes to repeal Subchapter B, sec.sec.331.31-331.36 (relating 
to Jurisdiction Over In Situ Uranium Mining) to remove obsolete requirements. 
Subchapter B is being repealed in its entirety because those duties listed as 
belonging to the Department of Health have been transferred to the Texas Natural 
Resource Conservation Commission. Rather than renumber the remaining 
subchapters, Subchapter B will be reserved for future rulemaking. Proposed 
sec.331.42(a) is being amended for clarification. Proposed sec.331.42(b)(3) is 
being amended to clarify it and to incorporate 40 CFR sec.146.6(a)(1)(i) and 
(b). Proposed sec.331.42(b)(4) is being amended for clarification. Proposed 
sec.331.42(c) is amended to incorporate 40 CFR sec.146.6(a)(2). Old sec.331.42 
(c) and (d) are being renumbered to (d) and (e). 
Proposed sec.331.43(a), (b), and (d) are being amended for clarification; old 
subsections (c) and (e) are being renumbered to (b) and (c), respectively; and 
new subsections (d) and (e) are being added to incorporate 40 CFR sec.146.8(e) 
and (f), respectively. 
Proposed sec.331.44(a) is being amended to clarify its language; 
sec.331.44(a)(9) is being amended to permit addition of further paragraphs in 
subsection (a); sec.331.44(a)(10) is being amended to clarify its language and 
amend its punctuation; sec.331.44(a)(11) is being added to incorporate 40 CFR 
sec.144.55(b)(4); and sec.331.44(b)(7) is being amended to correct a citation. 
Proposed sec.331.45 is being amended to delete a reference to guidance because 
guidance is not enforceable. Proposed sec.331.45(1)(E), (J), and (K) are being 
amended to correct citations. 
Proposed sec.331.46(d) is being amended to be consistent with 40 CFR 
sec.144.51(o) and to clarify its language. Proposed sec.331.46(e) is being 
amended to incorporate 40 CFR sec.146.71(b), to allow for flexibility, and to 
clarify its language. Proposed sec.331.46(k) and (l)(2) are being amended to 
delete a reference to the TWC; sec.331.46(k) is also being amended  to clarify 
its language. Proposed sec.331.46(m) is being amended to incorporate 40 CFR 
sec.146.71(c)(2) and to clarify its language. Proposed sec.331.46(p) is being 
moved from sec.331.66(a)(5) and being amended to incorporate the last two 
sentences of 40 CFR sec.146.71(a). 
Proposed sec.331.63(b) is being amended to provide more flexibility and to 
clarify its language; subsection (h) is being amended for clarification and 
streamlining; old subsection (i) is being deleted and replaced by a new 
subsection (i) which is the former last sentence of subsection (h), moved into a 
separate subsection for greater clarity; subsections (k) and (l) are being 
deleted because those provisions are already addressed in 30 TAC sec.305.154 
(relating to Standards); subsection (m) is being renumbered to subsection (k). 
Proposed sec.331.64(c)(3) is being amended to delete a redundancy and to clarify 
its language. Proposed sec.331.64(c)(4) is being amended for clarification. 
Proposed sec.331.64(d)(1) is being amended for clarification.
Deleted sec.331.43(d) is being moved to sec.331.64(d)(4) for clarification.
Proposed sec.331.64(f)(1)-(3) is being amended to incorporate 40 CFR 
sec.146.68(c); sec.331.64(f)(1) is being amended to clarify its language; and 
old sec.331.64(f)(2) is being renumbered to sec.331.64(f)(4) and clarified. 
Proposed sec.331.64(g)(1) is being amended to incorporate 40 CFR 
sec.146.68(e)(2); and sec.331.64(g)(2) is being amended to clarify the language. 
Proposed new sec.331.64(i) incorporates 40 CFR sec.146.68(b). 
Proposed sec.331.65(a)(1) is being amended to clarify its language. Proposed 
sec.331.65(a)(1)(L) and (M) are being amended to correct citations. Proposed 
sec.331.65(b)(2) is being amended to correct its punctuation, and 
sec.331.65(b)(2)(A) is being deleted to promote report streamlining. Then, 
sec.331.65(b)(2)(B) and (C) are being renumbered accordingly, and the language 
in subparagraph (C) clarified. All of proposed sec.331.65(b)(3) is being amended 
for streamlining and clarification. Proposed sec.331.65(c) (relating to Workover 
Reports) is also being amended for streamlining and clarification. 
Proposed sec.331.66(a)(5) is being deleted. Similar closure plan requirements 
are being moved to sec.331.46(p) (relating to Closure Standards) and 
sec.331.68(a) (relating to Post-Closure Care). 
Proposed sec.331.68(a) is being amended to add the post-closure plan requirement 
deleted in sec.331.66(a)(5). Proposed sec.331.68(a)(3) is being amended to 
incorporate the third sentence of 40 CFR sec.146.73; sec.331.68(a)(5) is being 
amended to correct citations; and sec.331.68(b)(3) is being amended to delete a 
reference to the TWC. 
Proposed sec.331.81 is being amended to streamline the language. 
Proposed sec.331.82(a) (relating to Casing and Cementing) is being amended for 
clarification. Proposed sec.331.82(c) (relating to Logs and Tests) is being 
amended to incorporate 40 CFR sec.146.32(b). Proposed new sec.331.82(c)(2)(A)(i) 
incorporates deleted sec.331.43(b)(1); proposed new sec.331.82(c)(2)(A)(ii) 
incorporates a combination of the language from deleted sec.331.41(b)(2) and the 
cement records requirement found in 40 CFR sec.146.8(c)(4); and proposed 
sec.331.82(c)(2)(B) incorporates deleted sec.331.43(d). Former sec.331.82(c)(2) 
is renumbered to sec.331.82(c)(3). Proposed sec.331.82(g) (relating to Monitor 
Well Location) is being amended to incorporate the first sentence of 40 CFR 
sec.146.32(e) and to clarify its language. Proposed sec.331.82(h) and (i)(1) are 
being amended for clarification. 
Proposed sec.331.83(a) and (b) are being amended for clarification. 
Proposed sec.331.84(a) is being amended to incorporate 40 CFR sec.146.33(b)(1). 
Proposed sec.331.84(f) is being amended to incorporate the second sentence of 40 
CFR sec.146.33(b)(5). 
Proposed sec.331.85(e) and (g) are being amended to streamline language and 
reporting requirements. 
Proposed sec.331.86(a) is being amended for clarification. 
Proposed sec.331.121(a)(2)(G)(i) is being amended to be consistent with 40 CFR 
sec.146.70(a)(8)(i). Proposed sec.331.121(a)(2)(L) is being amended to be 
consistent with 40 CFR sec.146.14(a)(12) and sec.146.70(a)(13) and for 
clarification. Proposed sec.331.121(d)(1)(A) is being amended for clarification. 
Proposed sec.331.121(f) is being amended to clarify it and to incorporate 40 CFR 
sec.144.1(h). 
Proposed sec.331.122(2)(B) is being amended to clarify its language and to be 
consistent with 40 CFR sec.146.34(a)(3). Proposed sec.331.122(2)(C) is being 
amended for streamlining. Proposed sec.331.122(2) (L) and (M) are being amended 
to correct grammar. Proposed sec.331.122(2)(N) is being added to incorporate 40 
CFR sec.146.34(a)(16). Proposed sec.331.122(4) is being amended to delete 
reference to an improper citation. 
FISCAL NOTE. Stephen Minick, Strategic Planning and Appropriations Division, has 
determined that for the first five-year period the sections as proposed are in 
effect there are no significant fiscal implications anticipated for state or 
local governments as a result of enforcement and administration of the sections. 
PUBLIC BENEFIT. Mr. Minick has also determined that for the first five years the 
sections as proposed are in effect the public benefit anticipated as a result of 
enforcement of and compliance with the sections will be the clarification of 
existing regulations relating to UIC and consistency between state and federal 
regulations. Compliance with the proposed state regulations will result in no 
costs to affected parties that would not otherwise result from compliance with 
the existing federal regulation proposed for incorporation. There are no 
additional costs anticipated for any person required to comply with the proposed 
sections. 
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact 
Assessment for these rules pursuant to Texas Government Code Annotated 
sec.2007.043. The following is a summary of that assessment. The specific 
purpose of the rules is to incorporate federal language into current state 
regulations so that the UIC Program can maintain compliance with the federal 
program. The rules will significantly advance this specific purpose by allowing 
the commission to maintain primacy, and thus state control, for the UIC Program 
without making the existing rules any less stringent. Promulgation and 
enforcement of these rule amendments will not create a burden on private real 
property. These rule amendments are minor in nature and do not impose any 
additional or substantial burden on private real property. Authorized UIC 
facilities are already subject to these federal requirements, these amendments 
merely incorporate the federal requirements into the state UIC program. Also, 
because this rulemaking is reasonably taken to fulfill an obligation mandated by 
federal law, these rule amendments are excepted from the Private Real Property 
Preservation Act pursuant to sec.2007.3(b)(4) of the Texas Government Code.
PUBLIC HEARING. A public hearing on the proposal will be held February 6, at 
10:00 a.m. in Room 5108 of the Texas Natural Resource Conservation Commission 
Building F, located at 12100 Park 35 Circle, Austin. The hearing is structured 
to receive oral or written comments by interested persons. Individuals may 
present oral statements when called upon in order of registration. Open 
discussion within the audience will not occur during the hearing; however, an 
agency staff member will be available to discuss the proposal 30 minutes prior 
to the hearing and will answer questions before and after the hearing.
SUBMITTAL OF COMMENTS. Written comments may be submitted by mail to Bettie Bell, 
Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, 
Texas 78711-3087; or by fax at (512) 239-4808. All comments must be received 
within 30 days following the date of this publication and should refer to Rule 
Log No. 96141-331-WS. Comments received by 5:00 p.m. on that date will be 
considered by the commission prior to any final action on the proposal. For 
further information, please contact Kathy Vail at (512) 239-6637.

SUBCHAPTER A.General Provisions 
30 TAC sec.sec.331.2, 331.4, 331.7, 331.9-331.13 
STATUTORY AUTHORITY. The repealed and amended sections are proposed under the 
authority of Texas Water Code sec.sec.5.103, 5.105, and 27.019, which provide 
the commission with the authority to adopt rules reasonably required for the 
performance of its powers and duties under the Texas Water Code and other laws 
of the state; and under the Texas Health and Safety Code, sec.361.017 and 
sec.361.024, which further authorize the Texas Natural Resource Conservation 
Commission to promulgate rules necessary to manage industrial solid and 
municipal hazardous wastes. 
These amendments implement Texas Water Code, Chapter 27. 

sec.331.2.Definitions.
<nl>General definitions can be found in Chapter 3 of this title (relating to 
Definitions).<ol> The following words and terms, when used in this chapter shall 
have the following meanings, unless the context clearly indicates otherwise.
<nl>Area of review <ol> -<nl> The area surrounding an injection well described 
according to the criteria set forth in sec.331.42 of this title (relating to 
Area of Review) or in the case of an area permit, the project area plus a 
circumscribing area the width of which is either one fourth of a mile or a 
number calculated according to the criteria set forth in sec.331.42 of this 
title.<ol> 
Disposal well - A [An injection] well that is used for the <nl>disposal of waste 
into a subsurface stratum<ol> [injection of industrial or municipal waste]. 
<nl>Drilling mud <ol> - A heavy suspension used in drilling an injection well, 
introduced down the drill pipe and through the drill bit.
Existing injection well - A Class I well which was authorized before [prior to] 
August 25, 1988, by an approved state program, or an EPA-administered program or 
a well which has become a Class I well as a result of a change in the definition 
of the injected waste which would render the waste hazardous under<nl> 30 Texas 
Administrative Code (TAC) <ol>sec.335.1 of this title (relating to 
<nl>Definitions<ol> [Purpose, Scope, and Applicability]).
[Permit - A written document issued by the Texas Water commission that by its 
conditions, authorizes the permittee to construct, install, modify, or operate, 
in accordance with stated limitations, a specified injection well facility.]
<nl> Plugging <ol> - <nl> The act or process of stopping the flow of water, oil, 
or gas into or out of a formation through a borehole or well penetrating that 
formation.<ol>
<nl>RCRA <ol> - <nl> The Solid Waste Disposal Act as amended by the Resource 
Conservation and Recovery Act of 1976 (Pub. L. 94-580, as amended by Pub. L. 95-
609, Pub. L. 96-510, 42 U.S.C. 6901 et seq.).<ol> 
<nl>SDWA <ol> - <nl> The Safe Drinking Water Act (Pub. L. 93-523, as amended; 42 
U.S.C. 300f et seq.).<ol>
Salt cavern solid waste disposal well or salt cavern disposal well - For the 
purposes of this chapter relating to Underground Injection Control, regulations 
of the [Texas Water] commission, and not to UIC Class II or UIC Class III wells 
in salt caverns regulated by the Texas Railroad Commission, a salt cavern 
disposal well is a type of UIC Class I injection well used: 
(A)-(B) (No change.) 
<nl>Total dissolved solids (TDS) <ol> - <nl>The total dissolved (filterable) 
solids as determined by use of the method specified in 40 Code of Federal 
Regulations (CFR) 136. <ol>
Upper limit - A parameter value established by the [Texas Water] commission in a 
permit/production area authorization which when exceeded indicates mining 
solutions may be present in designated monitor wells.
<nl>Well stimulation <ol> - <nl> Several processes used to clean the well bore, 
enlarge channels, and increase pore space in the interval to be injected thus 
making it possible for wastewater to move more readily into the formation, and 
includes, but is not limited to surging, jetting, blasting, acidizing, and 
hydraulic fracturing.<ol>
<nl>Workover <ol> - <nl> An operation in which a down-hole component of a well 
is repaired, the engineering design of the well is changed, or the mechanical 
integrity of the well is compromised. Workovers include operations such as 
sidetracking, the addition of perforations within the permitted injection 
interval, and the addition of liners or patches. For the purposes of this 
chapter, workovers do not include well stimulation operations.<ol>

sec.331.4. Mechanical Integrity Required.
Injection is prohibited for Class I and III wells which lack mechanical 
integrity, the result of which may pollute an underground source of drinking 
water. Except where excluded in the case of authorization by rule, mechanical 
integrity <nl>under<ol> [pursuant to] sec.331.43 of this title (relating to 
Mechanical Integrity Standards) must be demonstrated to the satisfaction of the 
executive director before operation begins. Injection may be prohibited for 
Class V wells which lack mechanical integrity. The executive director may 
require a demonstration of mechanical integrity at any time if there is reason 
to believe mechanical integrity is lacking. <nl> When the executive director 
determines that a Class I or III well lacks mechanical integrity, he shall give 
written notice of his determination to the owner or operator. Unless the 
executive director requires immediate cessation, the owner or operator shall 
cease injection into the well within 48 hours of receipt of the executive 
director's determination. The executive director may allow plugging of the well 
or require the permittee to perform additional construction, operation, 
monitoring, reporting, and corrective actions which are necessary to prevent the 
movement of fluid into or between underground sources of drinking water (USDWs) 
caused by the lack of mechanical integrity. The owner or operator may resume 
injection upon written notification from the executive director that the owner 
or operator has demonstrated mechanical integrity.<ol>

sec.331.7. Permit Required.
(a) (No change.) 
(b) For Class III in situ uranium solution mining wells, Frasch sulfur wells, 
and other Class III operations under commission jurisdiction, an area permit 
authorizing more than one well may be issued for a defined permit area <nl>in 
which<ol> [wherein] wells of similar design and operation are proposed. <nl>The 
wells must be operated by a single owner or operator.<ol> <nl> Before <ol> 
[Prior to] commencing operation of <nl> those<ol> [such] wells, the permittee 
may be required to obtain a production area authorization for separate 
production or mining areas within the permit area. 

sec.331.9. Injection Authorized by Rule.
[(a) Injection into any Class I and Class III well or group of Class I and Class 
III wells for which the commencement of construction began prior to January 1, 
1982 is authorized by virtue of this rule, provided compliance with any permit 
issued before January 1, 1982 is maintained, provided compliance with the 
following rules of this chapter is achieved within one year from January 1, 
1982, and provided mechanical integrity is demonstrated within two years from 
January 1, 1982 for each individually authorized Class I and III well: 
[(1) Financial responsibility: sec.sec.331.141-331.147 of this title (relating 
to Financial Responsibility); 
[(2) Operating, Monitoring and Reporting: Class I, sec.331.63 of this title 
(relating to Operating Requirements); sec.331.64 of this title (relating to 
Monitoring Requirements); and sec.331.65 of this title (relating to Reporting 
Requirements); Class III, sec.331.83 of this title (relating to Operating 
Requirements); sec.331.68 of this title (relating to Post-Closure Care); 
sec.331.84 of this title (relating to Monitoring Requirements); and sec.331.85 
of this title (relating to Reporting Requirements); or sec.331.103 of this title 
(relating to Production Area Monitor Wells); sec.331.104 of this title (relating 
to Establishment of Baseline and Restoration Values); sec.331.105 of this title 
(relating to Monitoring Standards); sec.331.106 of this title (relating to 
Remedial Action for Excursion); sec.331.107 of this title (relating to 
Restoration); sec.331.86 of this title (relating to Closure); 
[(3) porting of Noncompliance or Malfunction: Class I, sec.331.65(b) of this 
title (relating to Reporting Requirements); Class III, sec.331.106(1) of this 
title (relating to Remedial Action for Excursion) and sec.331.85(e) of this 
title (relating to Reporting Requirements); 
[(4) Retention of Records: Class I, sec.331.67(c) of this title (relating to 
Record Keeping Requirements); 
[(5) Notice of Abandonment: sec.331.46(b) of this title (relating to Closure 
Standards); 
[(6) Closure Plan and Standards: sec.331.46 of this title (relating to Closure 
Standards); and 
[(7) Post-Closure Care: sec.331.68 of this title (relating to Post-Closure 
Care); and 
[(8) Hazardous Waste Injection Wells: sec.305.156 of this title (relating to 
Hazardous Waste). 
[(b) The authorization and requirements of subsection (a) of this section also 
apply to the construction or operation commencing after January 1, 1982 of any 
Class III well that will be part of an existing Class III well field or 
operation and will represent a continuation of such field or operation, provided 
a demonstration of mechanical integrity is made and reported to the executive 
director in accordance with sec.331.43 of this title (relating to Mechanical 
Integrity Standards).] 
<nl>(a)<ol>[(c)] Plugging and abandonment of a well authorized by rule at any 
time after January 1, 1982, shall be accomplished in accordance with the 
standards of sec.331.46 of this title (relating to Closure Standards). 
[(d) Post-Closure Care of a hazardous Class I well authorized by rule at any 
time after January 1, 1982, shall be accomplished in accordance with the 
standards of sec.331.68 of this title (relating to Post-Closure Care). 
[(e) Authorization under subsections (a) and (b) of this section shall expire: 
[(1) if an application for permit has not been filed in accordance with 
sec.331.8 of this title (relating to Application Required for Existing Wells); 
[(2) upon the effective date of an injection well permit or denial of an 
injection well permit application; or, 
[(3) the date five years after January 1, 1982, unless a complete application 
for permit is pending.] 
<nl>(b)<ol>[(f)] Injection into Class V Wells, unless otherwise provided 
[herein] is authorized by virtue of this rule; injection into new Class V wells 
used for the disposal of over 1,000 gallons per day of sewage or sewage effluent 
must apply for and obtain a permit from the commission <nl>before<ol> [prior to] 
operations.  
<nl>(1)<ol> <nl>Well authorization under this section expires upon the effective 
date of a permit issued under sec.331.7 of this title (relating to Permit 
Required).<ol> <nl>(2)<ol> <nl> An owner or operator of a Class V well is 
prohibited from injecting into the well:<ol> 
<nl>(A)<ol> <nl> upon the effective date of permit denial;<ol> 
<nl>(B)<ol> <nl> upon failure to submit a permit application in a timely manner 
under subsection (c) of this section;<ol> 
<nl>(C)<ol> <nl> upon failure to submit inventory information in a timely manner 
under sec.331.10 of this title (relating to Inventory of Wells Authorized by 
Rule); or<ol>
<nl>(D)<ol> <nl> upon failure to comply with a request for information in a 
timely manner.<ol>
<nl>(c)<ol>[(g)] The executive director may require the owner or operator of an 
injection well authorized by rule to apply for and obtain an injection well 
permit. The owner or operator shall submit a complete application within 90 days 
after the receipt of a letter from the executive director requesting that the 
owner or operator of an injection well submit an application for permit. Cases 
for which a permit may be required include, but are not limited to:  
(1) the injection well is no longer within the scope of subsections (a), (b) and 
(e) of this section; 
(2) compliance with standards in addition to those listed in Subsection (a) of 
this section is required to protect fresh water from pollution; or, 
(3) the injection well is not in compliance with the standards required by this 
section. 
[(h) For Class III injection wells authorized by rule, the executive director is 
authorized to waive requirements consistent with the provisions of sec.331.48 of 
this title (relating to Waiver of Requirements).
[(i) For all permits issued by the state on or before July 26, 1988, the permit 
terms "injection zone" and "subsurface interval" shall have the same 
definitional meaning as the term "injection interval", as defined in 31 TAC 
sec.331.2 of this title (relating to Definitions). For all permits issued after 
July 26, 1988, the permit term "injection interval" shall be defined in 
accordance with 31 TAC sec.331.2 of this title (relating to Definitions).]  
<nl>(d)<ol>[(j)] Class IV wells injecting hazardous waste-contaminated ground 
water that is of acceptable quality to aid remediation and <nl>that<ol> is being 
reinjected into the same formation from which it was drawn, as authorized by 
sec.331.6 of this title (relating to Prohibition of Class IV Well Injection), 
shall be authorized by rule.

sec.331.10. Inventory of Wells Authorized by Rule. 
(a) (No change.) 
(b) Drillers of injection wells authorized by rule may inventory wells by 
submission of [either] a form to be provided by the executive director [or the 
form of the Water Well Drillers Board]. 
(c) (No change.)

sec.331.11. Classification of Injection Wells.
(a) Injection wells within the jurisdiction of the commission are classified as 
follows: 
(1)-(3) (No change.) 
(4) Class V. <nl>Generally, wells covered by this paragraph inject non-hazardous 
fluids into or above formations that contain USDWs.<ol> Injection wells within 
the jurisdiction of the commission, but not included in Classes I, III, or IV. 
Class V wells include, but are not limited to: 
(A)-(J) (No change.) 
(b) (No change.)

sec.331.12. Conversion of Wells.
(a) Persons utilizing wells authorized by permit, [by] rule, or otherwise, who 
wish to convert the well from its authorized purpose to <nl>a new<ol> [another 
purpose] or [to an] additional purpose must first obtain the appropriate 
approval described in paragraphs (1)- <nl>(3)<ol>[(4)] <nl>of this section<ol>:
(1)-(3) (No change.) 
[(4) Disposal of industrial or municipal waste in Class II wells is specifically 
prohibited unless authorized by permit or by written approval of the executive 
director and confirmed by Texas Railroad Commission authorization.] 
(b) Conversions of wells that remain exclusively within the jurisdiction of the 
Railroad Commission are not affected by this rule. For example, a conversion 
from a Class II disposal well to a water supply well regulated by the Railroad 
Commission would neither enter nor exit the jurisdiction of <nl>this agency<ol> 
[the Texas Water Commission] and thus would not be subject to this rule.

sec.331.13. Exempted Aquifer.
(a)-(b) (No change.) 
(c) An aquifer or portion of an aquifer may be designated as an exempted aquifer 
if the following criteria are met: 
(1) (No change.) 
(2) Until exempt status is removed according to procedures in subsection 
<nl>(f)<ol> [(d)] of this section, it will not in the future serve as a source 
of drinking water for human consumption because: 
(A)-(D) (No change.) 
<nl>(d)<ol> <nl>No designation of an exempted aquifer submitted as part of a UIC 
Program shall be final until approved by the EPA as part of the delegated UIC 
program. <ol>
<nl>(e)<ol> <nl>Subsequent to program approval or promulgation, the commission 
may, after notice and opportunity for a public hearing, identify additional 
exempted aquifers.<ol>
<nl>(f)<ol> [(d)] After notice and opportunity for public hearing, the 
designation of exempted aquifer may be removed <nl>by the commission<ol> thereby 
eliminating the exempt status, provided restoration has been accomplished if 
required. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 8, 1997.
TRD-9700294
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 17, 1997
For further information, please call: (512) 239-6087

30 TAC sec.331.8
(Editor's Note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Natural 
Resource Conservation Commission or in the Texas Register office, Room 245, 
James Earl Rudder Building, 1019 Brazos Street, Austin.) 
The repeal is proposed to be repealed under Texas Water Code sec.sec.5.103, 
5.105, and 27.019, which authorize the Texas Natural Resource Conservation 
Commission to promulgate rules necessary to carry out the powers and duties 
under the provisions of Texas Water Code, Chapter 27, and other laws of this 
state; and under the Texas Health and Safety Code, sec.361.017 and sec.361.024, 
which further authorize the Texas Natural Resource Conservation Commission to 
promulgate rules necessary to manage industrial solid and municipal hazardous 
wastes. 
The repeal implements Texas Water Code, Chapter 27. 

sec.331.8. Application Required for Existing Wells. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 8, 1997.
TRD-9700295
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 17, 1997
For further information, please call: (512) 239-6087

SUBCHAPTER B. Jurisdiction Over In Situ Uranium Mining 
30 TAC sec.sec.331.31-331.36 
(Editor's Note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Texas Natural 
Resource Conservation Commission or in the Texas Register office, Room 245, 
James Earl Rudder Building, 1019 Brazos Street, Austin.) 
The repeals are proposed to be repealed under Texas Water Code, sec.sec.5.103, 
5.105, and 27.019, which authorize the Texas Natural Resource Conservation 
Commission to promulgate rules necessary to carry out the powers and duties 
under the provisions of Texas Water Code, Chapter 27, and other laws of this 
state; and under the Texas Health and Safety Code, sec.361.017 and sec.361.024, 
which further authorize the Texas Natural Resource Conservation Commission to 
promulgate rules necessary to manage industrial solid and municipal hazardous 
wastes. 
These repeals implement Texas Water Code, Chapter 27. 
sec.331.31. Authority of Texas Department of Health. 
sec.331.32. Authority of Texas Water Commission.
sec.331.33. Joint Authority Over Holding Ponds. 
sec.331.34. Applications.  
sec.331.35. Permits.  
sec.331.36. Financial Assurances. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 8, 1997.
TRD-9700293
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 17, 1997
For further information, please call: (512) 239-6087

SUBCHAPTER C. General Standards And Methods 
30 TAC sec.sec.331.42-331.46 
The amendments are proposed under the authority of Texas Water Code, 
sec.sec.5.103, 5.105, and 27.019, which provide the commission with the 
authority to adopt rules reasonably required for the performance of its powers 
and duties under the Texas Water Code and other laws of the state; and under the 
Texas Health and Safety Code, sec.361.017 and sec.361.024, which further 
authorize the Texas Natural Resource Conservation Commission to promulgate rules 
necessary to manage industrial solid and municipal hazardous wastes. 
These amendments implement Texas Water Code, Chapter 27.

sec.331.42. Area of Review.
(a) The area of review is the area surrounding an injection well or a group of 
injection wells, for which the permit application must detail the information 
required in <nl>Subchapter G of this title (relating to Consideration Prior to 
Permit Issuance.<ol> [sec.331.121 of this title (relating to Class I Wells).] 
(b) The area of review is: 
(1)-(2) (No change.) 
(3) for Class III <nl>wells<ol> [in situ uranium, Frasch sulfur, and other Class 
III permit areas],  <nl>the project area plus a circumscribing area, a minimum 
of 1/4 mile, the width of which is the lateral distance from the perimeter of 
the project area, in which the pressures in the injection zone may cause the 
migration of the injection and/or formation fluid into a USDW<ol> [an area 
extending l/4 mile beyond the permit area boundary, and such additional 
surrounding area as may be required by the commission]; or 
(4) for [other Class III wells and] Class V wells, an area determined by a 
radius of at least l/4 mile from the proposed or existing wellbore. 
<nl>(c)<ol> <nl>The computation of the cone of influence may be based upon the 
parameters listed below and should be calculated for an injection time period 
equal to the expected life of the injection well or pattern. The following 
modified Theis equation illustrates one form which the mathematical model may 
take.<ol>
Figure: 30 TAC sec.331.42(c) 
<nl>(d)<ol>[(c)] After an appropriate review, the commission may modify the area 
of review. In no event shall the boundary of an area of review be less than 2 
1/2 miles for Class I wells or l/4 mile from any <nl>other <ol>injection well 
covered by the appropriate authorization. The following factors are to be 
included in the review: 
(1) Chemistry of injection and formation fluids; 
(2) Hydrogeology; 
(3) Population and its dependence on ground water use; and, 
(4) Historical practices in the area. 
<nl>(e)<ol> [(d)] The executive director may require an owner or operator of an 
existing injection well to submit any reasonably available information regarding 
the area of review, if the information would aid a review for the prevention or 
correction of freshwater pollution. 

sec.331.43. Mechanical Integrity Standards.
(a) An injection well has mechanical integrity if<nl>:<ol> 
<nl>(1)<ol> there is no significant leak in the casing, tubing, or packer, and 
<nl>(2)<ol> if there is no significant fluid movement through vertical channels 
adjacent to the injection wellbore.
[(b) Except as provided by subsections (c) and (d) of this section, the 
following tests shall be used to evaluate the mechanical integrity of an 
injection well:
[(1) monitoring of annulus pressure, or pressure test with liquid or gas, or 
radioactive tracer survey, or (for Class III uranium solution mining wells only) 
single point resistivity survey in conjunction with a pressure test to detect 
any leaks in the casing, tubing, or packer; and 
[(2) temperature log, noise log, radioactive tracer survey, cement bond log, 
oxygen activation log, or (for Class III uranium solution mining wells only) 
cement records where other tests are not suitable.] 
<nl>(b)<ol>[(c)] A salt cavern has integrity if it:  
(1) has no anomalies or irregularities that would prevent optimum cavern filling 
or that would prevent the cavern from holding pressure; and
(2) has no pressure communication or fluid flow between other caverns or 
formations outside the salt stock. The tests to show salt cavern integrity shall 
consist of cavern pressure and sonar tests, or other tests approved by the 
executive director, to determine the geometric shape of the unfilled cavern. 
[(d) The executive director may allow the use of a test to demonstrate 
mechanical integrity other than those listed in subsection (b) of this section 
with the written approval of the administrator of the United States 
Environmental Protection Agency or his authorized representative. To obtain 
approval, the executive director shall submit a written request to the United 
States Environmental Protection Agency administrator, which shall set forth the 
proposed test and all technical data supporting its use. The United States 
Environmental Protection Agency administrator shall approve the request if it 
will reliably demonstrate the mechanical integrity of wells for which its use is 
proposed. Any alternate method approved by the United States Environmental 
Protection Agency administrator shall be published in the Federal Register and 
may be used unless its use is restricted at the time of approval by the United 
States Environmental Protection Agency administrator.]
<nl>(c)<ol>[(e)] Methods and standards approved by the EPA [USEPA] through 
federal Underground Injection Control Program delegation to the commission, 
shall be applied in conducting and evaluating the tests required by this 
section. 
<nl>(d)<ol> <nl>When the owner or operator reports the results of mechanical 
integrity tests to the executive director, he shall include a description of the 
test(s) and the method(s) used. In making his/her evaluation, the executive 
director shall review monitoring and other test data submitted since the 
previous evaluation. <ol> 
<nl>(e)<ol> <nl>The executive director may require additional or alternative 
tests if the results presented by the owner or operator under subsection (d) of 
this section are not satisfactory to the executive director to demonstrate that 
there is no movement of fluid into or between USDWs resulting from the injection 
activity.  <ol>

sec.331.44. Corrective Action Standards.
(a) Corrective action standards for all wells. In determining the adequacy of 
corrective action proposed or required to prevent or correct pollution of 
underground sources of drinking waters (USDWs), and fresh or surface water, the 
following factors <nl>shall<ol> [will] be considered: 
(1)-(8) (No change.) 
(9) Reliability of the procedures used to identify abandoned wells; [and] 
(10) Any other factors which might affect the movement of fluids into or between 
USDWs[ or freshwater aquifers]<nl>; and<ol> [.] 
<nl>(11)<ol> <nl> For Class III wells only, when setting corrective action 
requirements the executive director shall consider the overall effect of the 
project on the hydraulic gradient in potentially affected USDWs, and the 
corresponding changes in potentiometric surfaces(s) and flow directions(s) 
rather than the discrete effect of each well. If a decision is made that 
corrective action is not necessary based on the determinations in this 
paragraph, the monitoring program required in sec.331.84 of this title (relating 
to Monitoring Requirements) shall be designed to verify the validity of those 
determinations.<ol>
(b) Additional Corrective action standards for Class I wells.
(1)-(6) (No change.) 
(7) If at any time the operator cannot assure the continuous attainment of the 
performance standard in sec.331.62<nl> (5)<ol>[(4)] of this title (relating to 
Construction Standards), the executive director may require a corrective action 
plan and compliance schedule. The operator must demonstrate compliance with the 
performance standard, as a condition for receiving approval of continued 
operation of the well. The executive director also may require permit changes to 
provide for additional testing and/or monitoring of the well to insure the 
continuous attainment of the performance standard. The commission may order 
closure of the well if the operator fails to demonstrate, to the executive 
director's satisfaction, that the performance standard is satisfied. 

sec.331.45. Executive Director Approval of Construction and Completion.
The executive director may approve or disapprove the construction and completion 
for an injection well or project. In making a determination whether to grant 
approval, the following shall be reviewed for compliance with the standards of 
this chapter[, and established TNRCC guidance]: 
(1) for Class I wells, other than salt cavern disposal wells and associated salt 
caverns: 
(A)-(D) (No change.) 
(E) results of the injection zone and confining zone testing program as required 
in sec.331.62<nl>(7)<ol>[(f)] of this title (relating to Construction Standards) 
and sec.331.65(a) of this title (relating to <nl>Pre-operation Reports<ol> 
[Class I Wells]); 
(F)-(I) (No change.) 
(J) compliance with the casing and cementing performance standard in 
sec.331.62<nl>(5)<ol>[(d)] of this title (relating to Construction Standards), 
and where necessary, changes to the permit to provide for additional testing 
and/or monitoring of the well to insure the continuous attainment of the 
performance standard; and 
(K) compliance with the cementing requirements in sec.331.62 
<nl><nl>(6)<ol><ol>[(e)]. 
(2)-(3) (No change.)

sec.331.46. Closure Standards.
(a)-(c) (No change.) 
(d) In closure of all Class I wells, including salt cavern disposal wells, [and] 
Class III wells, <nl>and permitted Class V wells,<ol> a well shall be plugged in 
a manner which will not allow the movement of fluids through the well, out of 
the injection zone either into or between underground sources of drinking waters 
(USDWs)[ or freshwater aquifers] or to the land surface. Well plugs shall 
consist of cement or other materials approved in writing by the executive 
director, which provide protection equivalent to or greater than that provided 
by cement.
(e) The permittee shall notify the executive director before commencing closure 
according to an approved plan. For Class I wells this notice shall be given at 
least 60 days before commencement. <nl> At the discretion of the executive 
director, a shorter notice period may be allowed.<ol> The executive director<nl> 
shall <ol>[will] review any revised, updated, or additional closure plans. 
(f)-(j) (No change.) 
(k) For Class I wells only, a monument or other permanent marker shall be placed 
at or attached to the plugged well<nl> before<nl> [prior to] abandonment. The 
monument shall state the [Texas Water Commission (TWC)] permit number, date of 
abandonment, and company name. <ol><ol>
(l) Each owner of a Class I hazardous waste injection well, and the owner of the 
surface or subsurface property on or in which a Class I hazardous waste 
injection well is located, must record, within 60 days after approval by the 
executive director of the closure operations, a notation on the deed to the 
facility property or on some other instrument which is normally examined during 
a title search that will, in perpetuity, provide any potential purchaser of the 
property the following information: 
(1) (No change.) 
(2) the name of the state agency or local authority with which the plat was 
filed, as well as the Austin address of the Underground Injection Control (UIC) 
staff of the <nl>commission,<ol>[TWC] to which it was submitted; and 
(3) (No change.) 
(m) Within 30 days after completion of closure, the permittee shall file with 
the executive director a closure report on forms provided by the commission. The 
report shall be certified as accurate by the owner or operator and by the person 
who performed the closure operation (if other than the owner or operator). <nl> 
This <ol>[Such] report shall consist of a statement that the well was closed in 
accordance with the closure plan previously submitted and approved by the 
executive director. <nl> Where the actual closure differed from the plan 
previously submitted, a written statement shall be submitted specifying the 
differences between the previous plan and the actual closure.<ol> 
(n)-(o) (No change.) 
<nl>(p)<ol> <nl>The obligation to implement the closure plan survives the 
termination of a permit or the cessation of injection activities. The 
requirement to maintain and implement an approved plan is directly enforceable 
regardless of whether the closure plan requirement is a condition of the 
permit.<ol> 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 8, 1997.
TRD-9700292
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 17, 1997
For further information, please call: (512) 239-6087

SUBCHAPTER D. Standards For Class I Wells Other Than Salt Cavern Solid Waste 
Disposal Wells 
30 TAC sec.sec.331.63-331.66, 331.68 
The amendments are proposed under the authority of Texas Water Code, 
sec.sec.5.103, 5.105, and 27.019, which provide the commission with the 
authority to adopt rules reasonably required for the performance of its powers 
and duties under the Texas Water Code and other laws of the state; and under the 
Texas Health and Safety Code, sec.361.017 and sec.361.024, which further 
authorize the Texas Natural Resource Conservation Commission to promulgate rules 
necessary to manage industrial solid and municipal hazardous wastes. 
These amendments implement Texas Water Code, Chapter 27.

sec.331.63. Operating Requirements..
(a) (No change.) 
(b) <nl> Except during well stimulation, injection<ol> [Injection] pressure at 
the wellhead shall not exceed a maximum which shall be calculated so as to 
assure that the pressure in the injection zone during injection does not 
initiate new fractures or propagate existing fractures in the injection zone, 
initiate new fractures or propagate existing fractures in the confining zone, or 
cause movement of fluid out of the injection zone that may pollute USDWs[, and 
fresh] or surface water.
(c)-(g) (No change.) 
(h) The permittee shall notify the executive director before commencing any 
workover operation [or corrective maintenance which involves taking the 
injection well out of service]. The notification shall be in writing and shall 
include plans for the proposed work. <nl>Approval by the executive director 
shall be obtained before the permittee may begin the workover.<ol> The executive 
director may grant an exception <nl> to <ol>[of] the prior written notification 
<nl> and permission requirements<ol> when immediate action is required <nl> to 
comply with subsection (a) of this section<ol>. [Approval by the executive 
director shall be obtained before the permittee may begin any workover operation 
or corrective maintenance that involves taking the well out of service. Pressure 
control equipment shall be installed and maintained during workovers which 
involve the removal of tubing.] 
<nl>(i)<ol> <nl>Pressure control equipment shall be installed and maintained 
during workovers which involve the removal of tubing.<ol> 
[(i) Mechanical integrity shall be demonstrated following any major operations 
which involve removal of the injection tubing, recompletions, or unseating of 
the packer.] 
(j) (No change.) 
[(k) An owner or operator of a Class I well who ceases injection operations 
temporarily may keep the well open provided he: 
[(1) has received written authorization from the executive director; and 
[(2) has described actions or procedures, satisfactory to the executive 
director, that the owner or operator will take to ensure that the well will not 
endanger USDWs, and fresh or surface water during the period of temporary 
disuse. These actions and procedures shall include compliance with the technical 
requirements applicable to active injection wells, including mechanical 
integrity. 
[(l) The owner or operator of a well that has ceased operations for more than 
two years shall notify the executive director 30 days prior to resuming 
operation of the well.] 
<nl>(k)<ol> [(m)] The owner or operator shall maintain mechanical integrity of 
the injection well at all times.

sec.331.64. Monitoring and Testing Requirements. 
(a)-(b) (No change.) 
(c) Continuous recording devices shall be installed<nl>,<ol> [and] used, and 
maintained in proper operating condition at all times to record injection tubing 
pressures, injection flow rates, injection fluid temperatures, injection 
volumes, tubing-long string casing annulus pressure and volume, and any other 
data specified by the permit. The instruments shall be housed in weatherproof 
enclosures. The owner or operator shall also install and use: 
(1)-(2) (No change.) 
(3) If an automatic alarm or shutdown is triggered, the owner or operator shall 
immediately investigate as expeditiously as possible the cause of the alarm or 
shutoff. If, upon investigation, the well appears to be lacking mechanical 
integrity, or if monitoring [required under subsection (c) of this section] 
otherwise indicates that the well may be lacking mechanical integrity, the owner 
or operator shall: 
(A) [immediately] cease injection of waste fluids unless authorized by the 
executive director to continue or resume injection; 
(B)-(C) (No change.) 
(4) If the loss of mechanical integrity is discovered <nl>by monitoring<ol> 
[pursuant to subsection (b) of this section] or during periodic mechanical 
integrity testing, the owner or operator shall: 
(A)-(E) (No change.) 
(5) (No change.) 
(d) <nl> Mechanical integrity testing.<ol>
<nl>(1)<ol> <nl>The integrity of the long string casing, injection tube, and 
annular seal shall be tested annually by means of an approved pressure test with 
a liquid or gas and whenever there has been a well workover. The integrity of 
the bottom-hole cement shall be tested annually by means of an approved 
radioactive tracer survey. A radioactive tracer survey may be required after 
workovers that have the potential to damage the cement within the injection 
zone.<ol> [Mechanical integrity must be demonstrated annually]. 
<nl>(2)<ol> A temperature log, noise log, oxygen activation log, or other 
approved log shall be required by the executive director at least once every 
five years to test for fluid movement along the borehole. 
<nl>(3)<ol> A casing inspection, casing evaluation, or other approved log shall 
be run whenever the owner or operator conducts a workover in which the injection 
string is pulled, unless the executive director waives this requirement due to 
well construction or other factors which limit the test's reliability, or based 
upon the satisfactory results of a casing inspection log run within the previous 
five years. The executive director may require that a casing inspection log be 
run every five years, if there is sufficient reason to believe the integrity of 
thelong string casing of the well may be adversely affected by naturally 
occurring or man-made events. 
<nl>(4)<ol> <nl> The executive director may allow the use of a test to 
demonstrate mechanical integrity other than those listed in paragraph (1) of 
this subsection with the written approval of the administrator of the United 
States Environmental Protection Agency (EPA) or his authorized representative. 
To obtain approval, the executive director shall submit a written request to the 
EPA administrator, which shall set forth the proposed test and all technical 
data supporting its use. The EPA administrator shall approve the request if it 
will reliably demonstrate the mechanical integrity of wells for which its use is 
proposed. Any alternate method approved by the EPA administrator shall be 
published in the Federal Register and may be used unless its use is restricted 
at the time of approval by the EPA administrator.<ol>
(e) (No change.) 
(f) Corrosion monitoring. 
(1) Corrosion monitoring of well materials shall be conducted quarterly. Test 
materials shall be the same as those used in the injection tubing, packer, and 
long string casing, and <nl>shall <ol> [will] be continuously exposed to the 
waste fluids with the exception of when the well is taken out of service. <nl> 
The owner or operator shall demonstrate that the waste stream will be compatible 
with the well materials with which the waste is expected to come into contact, 
and to submit to the executive director a description of the methodology used to 
make that determination. Compatibility for purposes of this requirement is 
established if contact with injected fluids will not cause the well materials to 
fail to satisfy any design requirement imposed under sec.331.62(1) of this title 
(relating to Design Criteria). Testing shall be by:<ol> 
<nl>(A)<ol> <nl> placing coupons of the well construction materials in contact 
with the waste stream; or<ol> 
<nl>(B)<ol> <nl> routing the waste stream through a loop constructed with the 
material used in the well; or<ol> 
<nl>(C)<ol> <nl> using an alternative method approved by the executive 
director.<ol> 
<nl>(2)<ol> <nl> The test shall use materials identical to those used in the 
construction of the well, and those materials must be continuously exposed to 
the operating pressures and temperatures (measured at the wellhead) and flow 
rates of the injection operation; and<ol> 
<nl>(3)<ol> <nl> The owner or operator shall monitor the materials for loss of 
mass, thickness, cracking, pitting and other signs of corrosion on a quarterly 
basis to ensure that the well components meet the minimum standards for material 
strength and performance set forth in sec.331.62(1) of this title (relating to 
Construction Standards).<ol> 
<nl>(4)<ol>[(2)] Corrosion monitoring may be waived by the executive director if 
the injection well owner or operator satisfactorily demonstrates,<nl> before<ol> 
[prior to] authorization to conduct injection operations, that the waste streams 
will not be corrosive to the well materials with which the waste is expected to 
come into contact throughout the life of the well. The demonstration shall 
include a description of the methodology used to make that determination.
(g) Ambient monitoring. 
(1) Based on a site-specific assessment of the potential for fluid movement from 
the well or injection zone and on the potential value of monitoring wells to 
detect <nl>fluid<ol> [such] movement, the executive director shall require the 
owner or operator to develop a monitoring program. <nl> When prescribing a 
monitoring system, the executive director may also require:<ol> 
<nl>(A)<ol> <nl> Continuous monitoring for pressure changes in the first aquifer 
overlying the confining zone. When a monitor well is installed, the owner or 
operator shall, on a quarterly basis, sample the aquifer and analyze for 
constituents specified by the executive director;<ol> 
<nl>(B)<ol> <nl> the use of indirect, geophysical techniques to determine the 
position of the waste front, the water quality in a formation designated by the 
executive director, or to provide other site specific data;<ol> 
<nl>(C)<ol> <nl> periodic monitoring of the ground water quality in the first 
aquifer overlying the injection zone;<ol> 
<nl>(D)<ol> <nl> periodic monitoring of the ground water quality in the 
lowermost USDW; and<ol>
<nl>(E)<ol> <nl> any additional monitoring necessary to determine whether fluids 
are moving into or between USDWs. <ol>
(2) <nl>The<ol> [At a minimum, the executive director shall require monitoring 
of the] pressure buildup in the injection zone<nl>shall be monitored<ol> 
annually, including at a minimum, a shut down of the well for a time sufficient 
to conduct a valid observation of the pressure fall-off curve. 
(h) (No change.) 
<nl>(i)<ol> <nl>The owner or operator shall submit information demonstrating to 
the satisfaction of the executive director that the waste stream and its 
anticipated reaction products will not alter the permeability, thickness, or 
other relevant characteristics of the confining or injection zones such that 
they would no longer meet the requirements specified in sec.331.121(c) of this 
title (relating to Class I Wells).<ol>

sec.331.65. Reporting Requirements.
(a) Pre-operation reports. For new wells, including wells converting to Class I 
status, the requirements are as follows. 
(1) Completion report. Within 90 days after the completion or conversion of the 
well, the permittee shall submit a Completion Report to the executive director. 
The report shall include a surveyor's plat showing the exact location and giving 
the latitude and longitude of the well. The report <nl>shall<ol> [will] also 
include a certification that a notation on the deed to the facility property or 
on some other instrument which is normally examined during title search has been 
made stating the surveyed location of the well, the well permit number, and its 
permitted waste streams. The permittee shall also include in the report the 
following, prepared and sealed by a professional engineer with current 
registration <nl> under <ol>[pursuant to] the Texas Engineering Practice Act: 
(A)-(K) (No change.) 
(L) compliance with the casing and cementing performance standard in 
<nl>sec.331.62(5)<ol> [sec.331.62(4)] of this title<nl> (relating to 
Construction Standards)<ol>; and 
(M) compliance with the cementing requirements in <nl> sec.331.62(6)<ol> 
[sec.331.62(5)] of this title. 
(2)-(4) (No change.) 
(b) Operating reports. 
(1) (No change.) 
(2) Injection operation monthly report. For commercial facilities only<nl>:<ol> 
[.] 
[(A) The permittee shall submit to the commission within ten days after the last 
day of each month a report describing chemical characteristics of new waste 
streams received for injection. The report shall be on forms provided by or 
acceptable to the commission.] 
<nl>(A)<ol> [(B)] The permittee shall submit within 30 days after the last day 
of each month a report to the commission including the following information for 
wastes received and injected during the month:  
(i) names and locations of the companies and plants generating the wastes; 
(ii) chemical and physical characteristics and volume of waste received from 
each company including pH; 
(iii) names of companies transporting the wastes; and 
(iv) a log of injection operations for each injection episode including but not 
limited to time of injection, injection rate, injection pressures, injection 
fluid volume, injection fluid pH, and injection fluid density. 
<nl>(B)<ol> [(C)] The permittee shall submit to the commission within 20 days of 
the last day of each month a report of injection operations on forms provided by 
the commission. These forms <nl> shall<ol> [will] comply with the reporting 
requirements of 40 Code of Federal Regulations (CFR) 146.69(a). The executive 
director may require more frequent reporting. 
(3) Injection zone annual report. For all facilities, the permittee shall submit 
annually with the December report of injection operation an updated graphic or 
other acceptable report of the pressure effects of the well upon its injection 
zone as required by sec.331.64(g) of this title (relating to <nl>Ambient 
Monitoring).<ol> [Monitoring Requirements).] To the extent <nl>this<ol> [such] 
information is reasonably available, the report shall also include: 
(A) locations of newly constructed or newly discovered wells <nl>that penetrate 
the confining and/or injection zone<ol> within the area of review if 
<nl>those<ol> [such] wells were not included in the technical report 
accompanying the permit application or in later reports; 
(B) a tabulation of data as required by sec.331.121(2)(B) of this title 
(relating to Class I Wells) for<nl> wells <ol> [all such wells within 1/2 mile 
of the injection well and for all other wells] within the area of review that 
penetrate the injection zone or confining zone; [and] 
(C) <nl> the condition of the wells identified in subparagraph (A) of this 
paragraph and their effect on the injection activities; <ol> [for non-commercial 
facilities only, a current injection fluid analysis.]
<nl>(D)<ol> <nl> the protocol followed to identify, locate, and ascertain the 
condition of the wells identified in subparagraph (A) of this paragraph;<ol> 
<nl>(E)<ol> <nl> a corrective action plan for wells not adequately constructed, 
completed, or plugged; and<ol> 
<nl>(F)<ol> <nl> for non-commercial facilities only, a current injection fluid 
analysis.<ol>
(4)-(5) (No change.) 
(c) Workover reports. 
[(1) Completed workover report.] Within 30 days after the completion of the 
workover, a report shall be filed with the executive director including the 
reason for well workover and the details of all work performed. 
[(2) Bottom hole pressure report. During major workovers, the bottom hole 
pressure shall be determined either by direct measurement by conventional 
techniques or by calculation using specific gravity of fluid in the wellbore and 
the static fluid level.] 

sec.331.66. Additional Requirements and Conditions. 
(a) A permit for a Class I well shall include expressly or by reference the 
following conditions: 
(1)-(4) (No change.) 
[(5) The obligation to implement the closure plan and the post-closure plan 
survives the termination of a permit or the cessation of injection activities. 
The requirement to maintain an approved plan is directly enforceable regardless 
of whether the requirement is a condition of the permit.]  
(b) (No change.)

sec.331.68. Post-Closure Care.
(a) The owner or operator of a Class I hazardous well shall prepare, maintain, 
and comply with a plan for post-closure care that meets the requirements of 
subsection (b) of this section, and is acceptable to the executive director. 
<nl> The obligation to implement the post-closure plan survives the termination 
of a permit or the cessation of injection activities. The requirement to 
maintain an approved plan is directly enforceable regardless of whether the 
requirement is a condition of the permit. <ol> 
(1)-(2) (No change.) 
(3) The plan shall assure financial responsibility as required in 
sec.sec.331.141-331.147 of this title (relating to Financial Responsibility). 
The owner or operator shall demonstrate and maintain financial responsibility 
for post-closure by using a trust fund, surety bond, letter of credit, financial 
test, insurance, or corporate guarantee, that meets the specifications for the 
mechanisms and instruments revised as appropriate to cover closure and post-
closure care in sec.sec.331.141-331.147 of this title. The amount of the funds 
available shall be no less than the amount identified in paragraph (4)(F) of 
this subsection. <nl> The obligation to maintain financial responsibility for 
post-closure care survives the termination of a permit or the cessation of 
injection.<ol>
(4) (No change.) 
(5) At the request of the owner or operator, or on his own initiative, the 
executive director may modify the post-closure plan after submission of the 
plugging and abandonment report following the procedures in [Chapter 305, 
Subchapter D] sec.305.72 of this title (relating to <nl> UIC Permit Modification 
at the Request of the Permittee <ol> [Consolidated Permits]). 
(b) The owner or operator shall: 
(1)-(2) (No change.) 
(3) submit a survey plat to the local zoning authority designated by the 
executive director. The plat shall indicate the location of the well relative to 
permanently surveyed benchmarks. A copy of the plat shall be submitted to the 
Underground Injection Control (UIC)<nl> program<ol> [Unit] <nl>at<ol> [of] the 
Austin office of the <nl>commission <ol>[Texas Water Commissions (TWC)].  
(4)-(5) (No change.) 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 8, 1997.
TRD-9700291
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 17, 1997
For further information, please call: (512) 239-6087

SUBCHAPTER E.Standards for Class III Wells
30 TAC sec.sec.331.81-331.86
The amendments are proposed under the authority of Texas Water Code 
sec.sec.5.103, 5.105, and 27.019, which provide the commission with the 
authority to adopt rules reasonably required for the performance of its powers 
and duties under the Texas Water Code and other laws of the state; and under the 
Texas Health and Safety Code, sec.361.017 and sec.361.024, which further 
authorize the Texas Natural Resource Conservation Commission to promulgate rules 
necessary to manage industrial solid and municipal hazardous wastes. 
The amendments implement Texas Water Code, Chapter 27.

sec.331.81. Applicability.
This subchapter establishes criteria and standards that apply to all [new] Class 
III wells [and to all existing Class III wells authorized by rule to the extent 
required by sec.331.9 of this title (relating to Injection Authorized by Rule)].

sec.331.82. Construction Requirements.
(a) Casing and cementing. All new Class III wells shall be cased and cemented to 
prevent the migration of fluids which may cause the pollution of <nl>USDWs<ol> 
[freshwater aquifers]. The casing and cement used in the construction of each 
newly drilled well shall be designed for the life expectancy of the well. In 
determining and specifying casing and cementing requirements, the following 
factors shall be considered:
(1)-(7) (No change.) 
(b) (No change.) 
(c) Logs and tests. <nl> Appropriate logs and other tests shall be conducted 
during the drilling and construction of all new Class III wells. A descriptive 
report interpreting the results of those logs and tests shall be prepared by a 
knowledgeable log analyst and submitted to the executive director. The logs and 
tests appropriate to each type of Class III well shall be determined based on 
the intended function, depth, construction, and other characteristics of the 
well, availability of similar data in the area of the drilling site, and the 
need for additional information that may arise from time to time as the 
construction of the well progresses.<ol> 
(1) (No change.) 
<nl>(2)<ol> <nl> Mechanical integrity, as described in sec.331.43 of this title 
(relating to Mechanical Integrity Standards), shall be demonstrated following 
construction of the well.<ol> 
<nl>(A)<ol> <nl> Except as provided by subparagraph (B) of this section, the 
following tests shall be used to evaluate the mechanical integrity of the 
injection well:<ol>
<nl>(i)<ol> <nl>To test for significant leaks under sec.331.43(a)(1) of this 
title, monitoring of annulus pressure, or pressure test with liquid or gas, or 
radioactive tracer survey, or for Class III uranium solution mining wells only, 
a single point resistivity survey in conjunction with a pressure test to detect 
any leaks in the casing, tubing, or packer; and<ol> 
<nl>(ii)<ol> <nl> To test for significant fluid movement under sec.331.43(a)(2) 
of this title, temperature log, noise log, radioactive tracer survey, cement 
bond log, oxygen activation log, or for Class III uranium solution mining wells 
only, cement records that demonstrate the absence of significant fluid movement 
where other tests are not suitable. For Class III wells where the cement records 
are used to demonstrate the absence of significant fluid movement, the 
monitoring program prescribed by sec.331.84 of this title (relating to 
Monitoring Requirements) shall be designed to verify the absence of significant 
fluid movement.<ol>
<nl> (B)<ol> <nl> The executive director may allow the use of a test to 
demonstrate mechanical integrity other than those listed in subparagraph (A) of 
this paragraph with the written approval of the administrator of the United 
States Environmental Protection Agency (EPA) or his authorized representative. 
To obtain approval, the executive director shall submit a written request to the 
EPA administrator, which shall set forth the proposed test and all technical 
data supporting its use. The EPA administrator shall approve the request if it 
will reliably demonstrate the mechanical integrity of wells for which its use is 
proposed. Any alternate method approved by the EPA administrator shall be 
published in the Federal Register and may be used unless its use is restricted 
at the time of approval by the EPA administrator.<ol>
<nl>(3)<ol> [(2)] Additional logs and tests may be required by the executive 
director when appropriate.
(d)-(f) (No change.) 
(g) Monitor well location<nl>. Where injection is into a formation which 
contains water with less than 10,000 mg/l TDS, monitoring wells shall be 
completed into the injection zone and into any USDW above the injection zone 
which could be affected by the mining operation. <ol> [- Monitoring wells may be 
required to be completed into the injection zone, into any freshwater aquifer 
above the injection zone, and into the first freshwater aquifer below the 
injection zone which could be affected by the mining operation.] These wells 
shall be located [in such a fashion as] to detect any excursion of injection 
fluids, production fluids, process by-products, or formation fluids outside the 
mining area or zone. If the operation may be affected by subsidence or 
catastrophic collapse, the monitoring wells shall be located so that they will 
not be physically affected. Designated monitoring wells shall be installed at 
least 100 feet inside any permit area boundary, unless excepted by written 
authorization from the commission. 
(h) Subsidence or catastrophic collapse. Where the injection wells penetrate 
<nl>a USDW<ol> [an aquifer containing fresh water] in an area subject to 
subsidence or catastrophic collapse an adequate number of monitoring wells shall 
be completed into the<nl> USDW<ol> [freshwater aquifer] to detect any movement 
of injected fluids, process by-products or formation fluids into the <nl> USDW 
<ol> [fresh water]. The monitoring wells shall be located outside the physical 
influence of the subsidence or catastrophic collapse. 
(i) Monitor well criteria. In determining the number, location, construction, 
and frequency of monitoring of the monitoring wells the following criteria shall 
be considered: 
(1) the population relying on the<nl> USDW <ol>[freshwater aquifer] affected or 
potentially affected by the injection operation; 
(2)-(6) (No change.) 

sec.331.83. Operating Requirements.
(a) Injection pressure at the wellhead shall not exceed a maximum, as specified 
in the permit or commission order, which shall be calculated so as to assure 
that the pressure in the injection zone during injection does not: 
(1)-(2) (No change.) 
(3) cause the migration of injection or formation fluids into <nl>USDWs 
<ol>[fresh water]. 
(b) Injection between the outermost casing protecting <nl>USDWs<ol> [freshwater 
aquifers] and the wellbore is prohibited.

sec.331.84. Monitoring Requirements.
(a) Injection fluid shall be analyzed for physical and chemical characteristics 
with sufficient frequency to yield representative data on its characteristics. 
<nl> Whenever the injection fluid is modified to the extent that the analysis is 
incorrect or incomplete, a new analysis shall be submitted to the executive 
director.<ol> 
(b)-(e) (No change.) 
<nl>(f)<ol> <nl>Quarterly monitoring of wells required by sec.331.82(h) of this 
title (relating to Construction Requirements).<ol> 

sec.331.85. Reporting Requirements.
(a)-(d) (No change.) 
(e) Routine monitoring data required in sec.331.84(c) and (d) of this title 
(relating to Monitoring Requirements) shall be reported at least quarterly to 
the<nl> executive director<ol> [Texas Water Commission Austin headquarters and 
District Office] on a form provided by the executive director and in accordance 
with the form completion instructions. These reports must be postmarked no later 
than the 10th day of the following reporting period. 
(f) (No change.) 
(g) The first report required by subsection (f) of this section shall include a 
groundwater analysis in the manner required by sec.331.106(2) of this title 
(relating to Remedial Action for Excursion). A copy of all [such] reports shall 
be mailed to the [commission's district manager, the director of Hazardous and 
Solid Waste Division, and the] executive director, postmarked within two days of 
the end of each report period. The first report period shall begin with the day 
the presence of mining solution in a designated Monitor Well is verified. The 
permittee shall continue to make remedial action reports until clean-up is 
accomplished.

sec.331.86. Closure.
(a) Mine facilities. Within 120 days after acknowledgment of completion of 
mining activities, or if final restoration of the mine area aquifers is 
required, upon completion of final restoration, the permittee shall accomplish 
closure of the mining facilities in accordance with approved plugging and 
abandonment plans submitted as part of the supplementary technical report. 
Modification to plugging and abandonment plans <nl> or extension of time limit 
past 120 days<ol> must be approved in writing by the<nl> executive director<ol> 
[commission]. 
(b) (No change.) 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 8, 1997.
TRD-9700290
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 17, 1997
For further information, please call: (512) 239-6087

SUBCHAPTER G. Consideration Prior To Permit Issuance 
30 TAC sec.331.121, sec.331.122 
The amendments are proposed under the authority of Texas Water Code, 
sec.sec.5.103, 5.105, and sec.27.019, which provide the commission with the 
authority to adopt rules reasonably required for the performance of its powers 
and duties under the Texas Water Code and other laws of the state; and under the 
Texas Health and Safety Code, sec.361.017 and sec.361.024, which further 
authorize the Texas Natural Resource Conservation Commission to promulgate rules 
necessary to manage industrial solid and municipal hazardous wastes. 
These amendments implement Texas Water Code Chapter 27.

sec.331.121. Class I Wells.
(a) The commission shall consider the following before issuing a Class I 
Injection Well Permit: 
(1) (No change.) 
(2) all information in the Technical Report submitted with the application for 
permit in conformance with Chapter 305 of this title (relating to Consolidated 
Permits) including, but not limited to: 
(A)-(F) (No change.) 
(G) proposed operating data: 
(i) average and maximum<nl> daily<ol> injection rate and volume of the fluid or 
waste to be injected over the anticipated life of the injection well; 
(ii)-(vii) (No change.) 
(H)-(K) (No change.) 
(L) contingency plans, based on a reasonable worst case scenario, to cope with 
all shut-ins; loss of cavern integrity, or well failures so as to prevent 
migration of<nl> fluid<ol> [waste] into any [underground source of drinking 
water (] USDW[) or freshwater aquifer];
(M)-(P) (No change.) 
(3)-(5) (No change.) 
(b)-(c) (No change.) 
(d) The commission shall also consider the following additional criteria, which 
must be addressed in the technical report of the application, before issuing a 
salt cavern Class I injection well permit: 
(1) geologic suitability of the location: 
(A) a thorough geologic characterization of the salt dome, including the 
geometry of the salt stock and its calculated movement and calculated salt loss 
rate. <nl> Data submitted must be sufficient to image underneath all overhangs, 
to delineate the edge of the salt stock, to define any other caverns or co-uses 
of the salt stock, and to address any conditions that may result in potential 
adverse impact on the salt stock. <ol> Well logs, seismic reflection surveys, 
gravity surveys, and any other appropriate geophysical methods necessary to 
characterize the salt dome are to be utilized. [For all applications that are 
not administratively complete as of the effective date of these rules,] <nl> 
Seismic <ol> [seismic] reflection data submitted must include a surface recorded 
three-dimensional seismic grid survey sufficient to image underneath all 
suspected overhangs and to delineate the edge of the stock. [However, for all 
applications, whenever submitted, the data must be sufficient to image 
underneath all overhangs, to delineate the edge of the salt stock, to define any 
other caverns or co-uses of the salt stock, and to address any conditions that 
may result in potential adverse impact on the salt stock.]
(B)-(D) (No change.) 
(2)-(5) (No change.) 
(e) (No change.) 
(f) Interim Status under the Resource Conservation and Recovery Act (RCRA) for 
Class I hazardous waste injection wells. The minimum state standards which 
define acceptable injection of hazardous waste during the period of interim 
status are set out in<nl> this chapter <ol> [sec.331.9 of this title (relating 
to Injection Authorized by Rule) and sec.331.44 of this title (relating to 
Corrective Action Standards)]. The issuance of an underground injection well 
permit does not automatically terminate RCRA interim status. A Class I well's 
interim status does, however, automatically terminate upon issuance to that well 
of a RCRA permit, or upon the well's receiving a RCRA permit-by-rule under 
sec.335.47 of this title (relating to Special Requirements for Persons Eligible 
for a Federal Permit by Rule). <nl> Thus, until a Class I well injecting 
hazardous waste receives a RCRA permit or RCRA permit-by-rule, the well's 
interim status requirements are the applicable requirements imposed under this 
chapter, including any requirements imposed in the UIC permit<ol>. 
(g) (No change.)

sec.331.122. Class III Wells.
The commission shall consider the following before issuing a Class III Injection 
Well or Area Permit: 
(1) (No change.) 
(2) all information in the Technical Report submitted with the application for 
permit, including the following: 
(A) (No change.) 
(B) a tabulation of reasonably available data on all wells within the area of 
review which penetrate the proposed injection zone. <nl> This <ol>[Such] data 
shall include a description of each well's type, construction, date drilled, 
location, depth,<nl> record of plugging and completion,<ol> and any additional 
information the executive director may require; 
(C) maps and cross-sections indicating the vertical and lateral limits of those 
aquifers within the area of review [that contain water with less than 3,000 
mg/liter TDS and those] that contain water with less than 10,000 mg/liter TDS, 
their position relative to the injection formation, and the direction of water 
movement. 
(D)-(K) (No change.) 
(L) expected changes in pressure, native fluid displacement, direction of 
movement of injection fluid; [and,] 
(M) contingency plans to cope with all shut-ins or well failures so as to 
prevent the migration of contaminating fluids into fresh water; <nl>and<ol> 
<nl>(N)<ol> the corrective action proposed to be taken under sec.331.44 of this 
title (relating to Corrective Action Standards). 
(3)-(5) (No change.) 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on January 8, 1997.
TRD-9700289
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Earliest possible date of adoption: February 17, 1997
For further information, please call: (512) 239-6087