Boiler Safety Administrative Rules - Proposed Rules

Chapter 65. Boilers

Proposal Filed: September 22, 2017 – Published in the Texas Register: October 6, 2017
Deadline for Public Comment: November 6, 2017

The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 65, Subchapter A, §65.1 and §65.2; Subchapter C, §§65.12 - 65.15; Subchapter D §65.25; Subchapter E, §65.30; Subchapter G, §65.45; Subchapter J, §65.72; Subchapter N, §65.217; Subchapter O, §65.300; Subchapter R, §§65.601, 65.603, 65.606-65.609; proposes repeal of current Subchapter I, §65.63; and proposes new Subchapter I, §65.63 and §65.64, regarding the Boilers program.

JUSTIFICATION AND EXPLANATION OF THE RULES

The Texas Legislature enacted House Bill 3257 (H.B. 3257), 85th Legislature, Regular Session (2017), which set the periodicity of portable boiler inspections. Editorial corrections and clarifications are also being proposed. The proposed amendments, repeal and new rules are necessary to implement H.B. 3257.

The proposed amendments to §65.1 corrects statutory authority.

The proposed amendments to §65.2 removes the definitions for “existing installations” and “new installations” since the terms are not used in this program. Editorial changes are also made to renumber the section accordingly.

The proposed amendments to §65.12 clarifies the current certificate of operation to be displayed at or near the boiler, or otherwise readily accessible to an inspector.

The proposed amendments to §65.13 clarifies the process to test-fire and operate a newly installed boiler and the Temporary Operating Permit.

The proposed amendments to §65.14 corrects the name of the National Board Commission and requires the applicant to demonstrate they meet eligibility requirements.

The proposed amendments to §65.15 changes the title of the section to correctly name boiler certification requirements and clarify when inspection reports and written authorization are needed.

The proposed amendments to §65.25 changes the title of the section to correctly name authorized inspector requirements.

The proposed amendments to §65.30 clarifies the requirement for the applicant to demonstrate they meet eligibility requirements.

The proposed amendments to §65.45 removes “portable boiler” language in the title and section to be placed in a new section.

The proposed repeal of current §65.63 is to renumber it to proposed new §65.64.

The proposed new §65.63 establishes the requirements of H.B. 3257.

The proposed amendments to §65.72 further identify which stamped tag designates the boiler as condemned and clarify the decal which shall be altered/defaced.

The proposed amendments to §65.217 adds a reference and makes an editorial change.

The proposed amendments to §65.300 corrects the title to reflect all fees and specifies who is required to pay each fee.

The proposed amendments to §65.601 clarifies existing language to reflect practice and makes editorial changes.

The proposed amendments to §65.603 clarifies where the record of calibration must be placed.

The proposed amendments to §65.606 corrects the title of the section to reflect practice.

The proposed amendments to §65.607 makes editorial changes.

The proposed amendments to §65.608 makes editorial changes.

The proposed amendments to §65.609 makes editorial changes.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

Brian E. Francis, Executive Director, has determined that for the first five-year period the proposed rules are in effect, there will be no fiscal impact on the revenue of local or state government.

LOCAL EMPLOYMENT IMPACT STATEMENT

Mr. Francis has determined that the proposed rules will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.

PUBLIC BENEFITS

Mr. Francis also has determined that for each year of the first five-year period the proposed rule is in effect, the public will benefit by boilers will be inspected on a regular schedule which is not possible or highly impracticable under the current rules which requires an inspection each time the portable boiler is moved. The establishment of a definite schedule for inspection ensures the safe operation of the equipment to prevent harm to the unsuspecting public.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

Mr. Francis has determined that for each year of the first five-year period the proposed rules are in effect, there will be a reduction in operating costs to boiler owners and operators because an annual inspection will allow the boiler to remain in service and available for operations rather than being out of service awaiting an inspection.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS – FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

There will be no adverse effect on small businesses, micro-businesses, or rural communities as a result of the proposed amendments, new rule and repeal.

Since the agency has determined that the proposed rules will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, are not required.

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

Under Government Code §2001.0045, a state agency may not adopt a proposed rule if the fiscal note states that the rule imposes a cost on regulated persons, including another state agency, a special district, or a local government, unless the state agency: (a) repeals a rule that imposes a total cost on regulated persons that is equal to or greater than the total cost imposed on regulated persons by the proposed rule; or (b) amends a rule to decrease the total cost imposed on regulated persons by an amount that is equal to or greater than the cost imposed on the persons by the proposed rule. There are exceptions for certain types of rules under §2001.0045(c).

The proposed amendments, new rule and repeal do not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Government Code §2001.0045.

PUBLIC COMMENTS

Comments on the proposal may be submitted by mail to Pauline Easley, Legal Assistant, General Counsel’s Office, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711; or by facsimile to (512) 475-3032, or electronically to erule.comments@tdlr.texas.gov. The deadline for comments is 30 days after publication in the Texas Register.

STATUTORY AUTHORITY

The amendments are proposed under Texas Occupations Code, Chapter 51 and Health and Safety Code, Chapter 755, which authorize the Commission, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the proposal are those set forth in Texas Occupations Code, Chapter 51 and Health and Safety Code, Chapter 755. No other statutes, articles, or codes are affected by the proposal.

Subchapter A. General Provisions

§65.1 Authority

This chapter is promulgated [ adopted ] under authority of Texas Health and Safety Code, Chapter 755 and Texas Occupations Code, Chapter 51.

§65.2. Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) - (25) (No change.)

[ (26) Existing Installation--Any boiler constructed, installed, placed in operation, or contracted for before June 3, 1937. ]

(26) [ (27) ] External Inspection--An inspection of the exterior of a boiler and its appurtenances that is made, if possible, while the boiler is in operation.

(27) [ (28) ] Heat Recovery Steam Generator (HRSG)--A boiler which produces steam where its principle source of thermal energy is a hot gas stream having high ramp rates, such as the exhaust of a gas turbine.

(28) [ (29) ] Heating Boiler--A steam heating boiler, hot water heating boiler, hot water supply boiler, or potable water heater that is directly fired with oil, gas, solar energy, electricity, coal, or other solid or liquid fuel.

(29) [ (30) ] High-Temperature Water Boiler--A water boiler designed for operation at pressures exceeding 160 pounds per square inch gage (1100 kilopascals) or temperatures exceeding 250 degrees Fahrenheit (121 degrees Celsius).

(30) [ (31) ] Hot Water Heating Boiler--A boiler designed for operation at a pressure not exceeding 160 pounds per square inch gage (1100 kilopascals) or temperatures not exceeding 250 degrees Fahrenheit (121 degrees Celsius) at or near the boiler outlet.

(31) [ (32) ] Hot Water Supply Boiler--A boiler designed for operation at pressures not exceeding 160 pounds per square inch gage (1100 kilopascals) or temperatures not exceeding 250 degrees Fahrenheit (121 degrees Celsius) at or near the boiler outlet if the boiler's heat input exceeds 200,000 British thermal units per hour (58.6 kilowatts); water temperature exceeds 210 degrees Fahrenheit (99 degrees Celsius); or nominal water-containing capacity exceeds 120 gallons (454 Liters).

(32) [ (33) ] Immersion Resistance Element Type Boiler--An electric boiler in which heat is generated by the passage of an electric current through a resistance heating element immersed in water.

(33) [ (34) ] Inspection Agency--An authorized inspection agency providing inspection services.

(34) [ (35) ] Inspector--The chief inspector, a deputy inspector, or an authorized inspector.

(35) [ (36) ] Install--To place, position or fit into position and then to connect, change or modify in such a manner as to bring the boiler into service.

(36) [ (37) ] Installation--The act of installing a boiler or associated equipment.

(37) [ (38) ] Internal inspection--A complete and thorough inspection of the interior waterside and fireside areas of a boiler as construction allows.

(38) [ (39) ] Maximum Allowable Working Pressure (MAWP)--The greatest pressure at which a boiler is designed to operate.

(39) [ (40) ] Metric (SI)--An international system of measurement.

(40) [ (41) ] Metrication--The process of converting between US customary units and metric (SI) units.

(41) [ (42) ] Modular Boiler--A steam or hot water heating assembly consisting of a group of individual boilers called modules, intended to be installed as a unit, with a single inlet and single outlet. Modules may be under one jacket or may be individually jacketed.

(42) [ (43) ] Multiple Pressure Steam Generator--A boiler consisting of several sections of heat exchange surface designed for different pressure levels.

(43) [ (44) ] National Board--The National Board of Boiler and Pressure Vessel Inspectors.

(44) [ (45) ] National Board Inspection Code--The manual for boiler and pressure vessel inspectors published by the National Board.

[ (46) New Installations--A boiler constructed, installed, or placed in operation after June 3, 1937. ]

(45) [ (47) ] Nominal--The accepted ASME standard used to designate a size or capacity of an item.

(46) [ (48) ] Non-Code Boiler--A complete boiler not constructed to the appropriate ASME Code.

(47) [ (49) ] Nonstandard Boiler--A boiler that does not qualify as a standard boiler.

(48) [ (50) ] Nuclear Boiler--A nuclear power plant system, including its pressure vessels, piping systems, pumps, valves, and storage tanks that produces and controls an output of thermal energy from nuclear fuel and the associated systems essential to the function of the power system.

(49) [ (51) ] Owner or Operator--Any person, firm, or corporation owning or operating boilers within the State of Texas.

(50) [ (52) ] Person--An individual, corporation, partnership, association or other legal entity.

(51) [ (53) ] Pool Heater--A hot water supply boiler or a potable water heater designed to provide hot water to a pool.

(52) [ (54) ] Portable [ Power ] Boiler--A boiler primarily intended for use at a temporary location.

(53) [ (55) ] Potable Water Heater--A boiler designed for operation at pressures not exceeding 160 pounds per square inch gage (1100 kilopascals) and water temperatures not exceeding 210 degrees Fahrenheit (99 degrees Celsius) if the boiler's heat input exceeds 200,000 British thermal units per hour (58.6 kilowatts) or nominal water-containing capacity exceeds 120 gallons (454 liters).

(54) [ (56) ] Power Boiler--A high-temperature water boiler or a boiler in which steam is generated at a pressure exceeding 15 pounds per square inch gage (103 kilopascals) for a purpose external to the boiler.

(55) [ (57) ] Preliminary order--A written order issued by the chief inspector or any commissioned boiler inspector to require repairs or alterations to render a boiler safe for use or to require that operation of the boiler be discontinued. The Boiler Inspection report which requires repairs to be made or the boiler operation to be ceased which is signed by the chief inspector or a commissioned boiler inspector is a Preliminary Order.

(56) [ (58) ] Process Steam Generator--An evaporator, heat exchanger, or vessel in which steam is generated by the use of heat resulting from the operation of a processing system that contains a number of pressure vessels, such as used in the manufacture of chemical and petroleum products.

(57) [ (59) ] Reinstalled Boiler--A boiler removed from its original setting and reinstalled at the same location or at a new location without change of ownership.

(58) [ (60) ] Repair--The work necessary to restore pressure-retaining items to a safe and satisfactory operating condition.

(59) [ (61) ] Rules--The rules promulgated and enforced by the commission in accordance with Texas Health and Safety Code, §755.032 and Texas Occupations Code, Chapter 51.

(60) [ (62) ] Safety Appliance--A safety device such as a safety valve or a pressure relief valve for a boiler provided to diminish the danger of accidents.

(61) [ (63) ] Secondhand Boiler--A boiler in which the location and ownership have changed.

(62) [ (64) ] Serious Accident--An explosion resulting in any degree of distortion to the wall of the boiler or related equipment or damage to the building where the boiler is located. Or, emergency medical services are dispatched to the location of a boiler accident in which one or more persons require on-site medical services, transport to a medical facility or the accident results in a fatality.

(63) [ (65) ] Special Inspection--An inspection by the chief inspector or deputy inspector other than those in Texas Health and Safety Code, §§755.025 - 755.027.

(64) [ (66) ] Stacked Boiler--A design in which one boiler is placed onto a rack above another boiler, as designed by the boiler manufacturer with a rack nameplate, and as approved by the department.

(65) [ (67) ] Standard Boiler--A boiler that bears the stamp of a nationally recognized engineering professional society, or the stamp of any jurisdiction that has adopted a standard of construction equivalent to the standard required by the executive director.

(66) [ (68) ] Steam Heating Boiler--A boiler designed for operation at pressures not exceeding 15 pounds per square inch gage (103 kilopascals).

(67) [ (69) ] System Pressure--The pressure of the boiler system, which is governed by the highest safety valve or pressure relief valve set pressure as allowed by ASME Code and this chapter.

(68) [ (70) ] Texas Commission--Authorization to inspect boilers and enforce Texas Health and Safety Code, Chapter 755, and 16 Texas Administrative Code, Chapter 65, on behalf of the department.

(A) ASME Only Commission--Only authorizes an inspector to conduct ASME new construction activities.

(B) In-Service Only Commission--Only authorizes an inspector to conduct boiler in-service activities.

(C) ASME and In-Service Commission--Authorizes an inspector to conduct both activities in subparagraphs (A) and (B).

(69) [ (71) ] Unfired Steam Boiler--An unfired pressure vessel in which steam is generated. The term does not include: vessels known as evaporators or heat exchangers; or vessels in which steam is generated by using the heat that results from the operation of a processing system that contains a number of pressure vessels, as used in the manufacture of chemical and petroleum products.

Subchapter C. Boiler Registration and Certificate of Operation--Requirements

§65.12. Boiler Registration and Certificate of Operation Required

Except as provided by this chapter, each boiler operated in this state must:

(1) be registered with the department; and

(2) have qualified for a current certificate of operation with the current certificate of operation displayed at or near the boiler, or readily accessible to an inspector .

§65.13. Boiler Installation

(a) (No change.)

(b) The boiler shall not be test-fired or operated prior to the required first inspection except as allowed under subsection (c).

(c) Temporary Operating Permit.

(1) The owner or operator may request a Temporary Operating Permit on a department-approved form.

(2) The owner or operator must pay the applicable fee required under §65.300.

(3) Upon approval of the Temporary Operating Permit from the department, the boiler may be operated [ for thirty (30) days ] prior to the required initial inspection for up to thirty (30) days.

§65.14. Inspector Commissions

(a) In-Service Commission. To be eligible for in-service commission, an applicant must:

(1) submit a completed application on a department-approved form demonstrating eligibility;

(2) successfully pass a criminal background check;

(3) pass a written examination approved by the department;

(4) attend a department-approved boiler orientation program; and

(5) pay the fee required under §65.300.

(b) Texas ASME Commissions. To be eligible for a Texas ASME commission, an applicant must:

(1) submit a completed application on a department-approved form;

(2) successfully pass a criminal background check;

(3) hold a valid National Board Authorized Inspector [ "A" Endorsement ] Commission; and

(4) pay the fee required under §65.300.

§65.15. [ Initial ] Boiler Certification Requirements

(a) To be eligible for a certificate of operation each boiler must meet the following:

(1) comply with §65.200;

(2) have an applicable [ a completed first ] inspection report completed;

(3) if necessary, complete required repairs; and

(4) pay the fees required under §65.300.

(b) (No change.)

(c) Non-code boilers may not be installed or operated without written authorization from the department.

(1) Non-code boilers, if installed without written authorization from the department, must be completely replaced to ensure the complete boiler meets or exceeds ASME code and this chapter.

(2) Installing code compliant parts onto a non-code boiler does not make a non-code boiler ASME code compliant.

Subchapter D. Authorized Inspector

§65.25. Authorized Inspector--Eligibility Requirements

To be an authorized inspector, an applicant must have at least five years' experience in the construction, installation, inspection, operation, maintenance, or repair of boilers.

Subchapter E. Examinations and Waiver of Examination

§65.30. Waiver of Examination

An applicant for a Texas Commission who is licensed or commissioned in another state that has an examination substantially equivalent to that required by this chapter, as determined by the department, may obtain a commission without examination, if the person:

(1) submits a completed application on a department-approved form demonstrating eligibility; and

(2) except for the examination requirement otherwise meets the requirements in Subchapter F.

Subchapter G. Application to Operate [ Portable and Stationary ] Nonstandard Boilers in the State

§65.45. [ Portable and Stationary ] Nonstandard Boilers

(a) Operation of a [ portable or stationary ] nonstandard boiler is prohibited unless the department has granted approval as a nonstandard boiler used for exhibition, instruction, education, show, display, or demonstration.

(b) - (c) (No change.)

Subchapter I. Inspection of Boilers

§65.63. Inspection of Portable Boilers

(a) The internal and external inspection of Portable Boilers shall occur as follows:

(1) Boilers fabricated in accordance with the ASME Section I (i.e. “S” or any other Section I Designator) shall be inspected annually;

(2) Boilers fabricated in accordance with the ASME Section IV, “H” Designator shall be inspected biennially;

(3) Boilers fabricated in accordance with the ASME Section IV, “HLW” Designator shall be inspected triennially; and

(4) Boilers designated as a Nonstandard Boiler in accordance with §65.43, shall be inspected annually.

§65.64. Extension of Interval between Internal Inspections

(a) For the interval between internal inspection to be extended as provided for in Texas Health and Safety Code, §755.026, the following procedure must be followed.

(1) Not less than thirty (30) days and not more than sixty (60) days prior to the expiration date of the current certificate of operation, the owner or operator shall submit in a manner prescribed by the department a request for each boiler, stating the desired length of extension, which will be no more than one (1) year from the expiration date of the current certificate of operation, the date of the last internal inspection, and a statement certifying that records are available showing compliance with Texas Health and Safety Code, §755.026, and pay the required fees.

(2) The department shall notify the owner or operator and the inspection agency having jurisdiction of the maximum extension period that may be approved.

(3) Prior to the expiration of the current certificate of operation, the inspection agency shall review all records, make an external inspection, and submit the external inspection report to the department.

(4) Upon completion of paragraphs (1) - (3) and payment of all required fees, a new certificate of operation may be issued for the extended period of operation.

(5) Violations noted during the external inspection may be cause for denial of the extension request.

(6) If the department denies an extension request, the boiler shall be internally inspected prior to the expiration of the certificate of operation, unless authorized in writing to continue operation until an internal inspection can be conducted.

(b) An additional extension for up to one hundred twenty (120) days may be allowed as provided for in Texas Health and Safety Code, §755.026, when it is established an emergency exists.

(1) Prior to the expiration date of the current certificate the owner or operator shall submit to the department a request stating an emergency exists with an explanation of the emergency and the date of the last internal inspection. The request shall be submitted along with the inspection agency's external inspection report, confirming compliance with Texas Health and Safety Code, §755.026.

(2) The department shall notify the owner or operator and the inspection agency having jurisdiction of the maximum extension period that may be approved.

(3) Upon completion of paragraphs (1) and (2) and payment of all required fees, a new certificate of operation may be issued for the extended period of operation.

Subchapter J. Texas Boiler Numbers

§65.72. Condemned Boilers

(a) Any boiler, stamped or identified with the corrosion-resistant metal tag, having been inspected and declared unsafe by the chief inspector, deputy inspector or executive director, shall be stamped by the inspector with an "X" on the star on either side of the Texas boiler number. The “X” stamped tag identifies/designates the boiler as condemned.

(b) Any boiler, identified with the Texas boiler number decal, having been inspected and declared unsafe by the chief inspector or deputy inspector, shall have the decal [ be ] altered/defaced by the inspector by removing the star on either side of the Texas boiler number on the decal. The altered/defaced decal identifies/designates the boiler as condemned.

Subchapter N. Responsibilities of the Owner and the Operator

§65.217. Variance

(a) - (g) (No change.)

(h) An approved variance must be posted [ under glass, ] next to the certificate of operation[ , ] of the boiler for which it is issued, in accordance with §65.12.

Subchapter O. Fees

§65.300. [ Certificate/Inspection ] Fees

(a) Certificate of operation. The owner or operator shall make payment for the following fees:

(1) On or before expiration date--$70 ; in addition to all outstanding invoices, including any past due invoices associated with the boiler.

(2) After expiration date--Late fees for certificates are provided for under §60.83 of this title (relating to Late Renewal Fees).

(3) Duplicate--$25

(b) Inspections. The owner or operator shall make payment for the following fees:

(1) Heating boilers.

(A) With an inspection opening--$70

(B) Without an inspection opening--$40

(2) Other than heating boilers--$70

(c) Special inspections or non-standard boiler reviews . The owner or operator shall make a [ -- ] $1,700 fee payment, which must be received by the department before the department may schedule [ scheduling ] the requested special inspection or non-standard boiler review.

(d) Commission Fees. The Authorized Inspector seeking or holding the Commission shall make payment for the following fees:

(1) New--$50

(2) Reinstatement--$50

(3) Renewal--$50

(4) Duplicate--$25

(5) Reissuance after re-employment--$50

(6) Late renewal fees for commissions issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).

(e) Authorized Inspection Agency/Letter of Recognition. The authorized Inspection Agency shall make payment for the following fees:

(1) Original Application--$100

(2) Renewal Application--$100

(f) Variances. The owner or operator shall make a [ -- ] $50 fee payment.

(g) Extensions. The owner or operator shall make a [ -- ] $100 fee payment.

(h) Re-Stamping. The owner or operator shall make a [ -- ] $50 fee payment.

(i) Boiler Installation Reports. The owner or operator shall make a [ -- ] $25 fee payment.

(j) Overdue Boiler Inspection Fee . The owner or operator shall make a [--] $260 fee payment to the agency assigned by the department in accordance with §65.91.

(k) Temporary Operating Permit Fee . The owner or operator shall make a [ -- ] $50 fee payment.

Subchapter R. Technical Requirements

§65.601. General Safety

(a) A boiler that is deemed unsafe for operation by the inspector shall be removed from service or placed in a safe condition in the following manner:

(1) the Inspector must notify the owner/operator about:

(A) the prohibition against operating an unsafe boiler;

(B) any insurance policy provisions, if any, that may exclude insurance coverage for operating an unsafe boiler;

(C) possible administrative penalties for operating an unsafe boiler; and

(D) request the immediate but voluntary shut-down of the boiler; [ or ]

(2) if the owner/operator refuses to immediately shut the boiler down, before leaving the premise on which the unsafe boiler is located, the Inspector must notify the Chief Boiler Inspector about the condition of the unsafe boiler.

(b) Upon receipt of the notice required by subsection (a)(2), the Chief Inspector shall assign a Deputy Inspector to confirm that an unsafe condition exists [ exist ] and, if confirmed, to declare the boiler unsafe for operation [ render the boiler inoperative ] by placing a red tag on the boiler prohibiting continued operations of the [ unsafe ] boiler.

(c) The continued operation of an unsafe boiler shall subject the owner/operator to administrative penalties as provided for in this chapter.

§65.603 Boiler Room Ventilation

(a) - (c) (No change.)

(d) Carbon Monoxide Detectors shall be calibrated every eighteen months and a record of calibration shall be posted at or near the boiler, or readily accessible to an inspector [ in a conspicuous place ].

§65.606. Atmospheric Vents, Gas Vents, Bleed or Relief Lines for Power Boilers, Unfired Steam Boilers and Process Steam Generators with Supplemental Firing (extensions only)

(a) Gas pressure regulators not incorporating integral vent limiters, and all other gas train components requiring atmospheric air pressure to balance a diaphragm or other similar device, shall be provided with a connection for a vent line.

(1) The vent lines in subsection (a) shall be:

(A) sized in accordance with the component manufacturer's instructions; and

(B) at least the same size as the vent outlet of the device.

(2) Where there is more than one gas pressure regulator at a location, each gas pressure regulator shall have a separate vent. The vent lines may be manifolded in accordance with accepted engineering practices to minimize back pressure in the event of a diaphragm failure (see subsections (c) and (d)).

(3) A gas pressure regulator shall not be vented into the boiler flue or exhaust system.

(b) Gas pressure relief valves may discharge into common manifolding only with other gas vent, bleed, or relief lines. When manifolded, the common vent line shall have a cross-sectional area not less than the area of the largest vent line plus 50% of the areas of the additional vent lines.

(c) Atmospheric vent lines, when manifolded, shall be connected into a common atmospheric vent line, having a cross-sectional area not less than the area of the largest vent line, plus 50% of the areas of the additional vent lines.

(d) Atmospheric vent lines shall not be connected to any common or manifolded gas vent, bleed, or relief lines.

(e) All vent and relief lines shall be:

(1) piped to the outdoors at a safe point of discharge, so there is no possibility of discharged gas being drawn into the air intake, ventilating system, or openings of any structure or piece of equipment;

(2) shall extend sufficiently above any structure, so that gaseous discharge does not present a fire hazard; and

(3) a means shall be provided at the terminating point to prevent blockage of the line by foreign material, moisture, or insects.

§65.607. Power Boilers, Excluding Unfired Steam Boilers and Process Steam Generators

(a) - (b) (No change.)

(c) Water level indicators.

(1) Each boiler, except forced-flow steam generators with no fixed steam and waterline, and high-temperature water boilers of the forced circulation type that have no steam and waterline shall have at least one water gage glass.

(2) Except for electric boilers of the electrode type, boilers with a MAWP over 400 psig (three (3) megapascals) shall be provided with two water gage glasses, which may be connected to a single water column or connected directly to the drum.

(3) Two independent remote level indicators may be provided instead of one of the two required gage glasses for boiler drum water level indication, when the MAWP is above 400 psig (three (3) megapascals). When both remote level indicators are in reliable operation, the remaining gage glass may be shut off, but shall be maintained in serviceable condition.

(4) - (8) (No change.)

(d)- (i) (No change.)

§65.608. Unfired Steam Boilers

(a) - (d) (No change.)

(e) Water level indicators.

(1) ASME Code, Section I, unfired steam boilers with a MAWP of 400 psig (three (3) megapascals) or less, shall have at least one gage glass. For a MAWP over 400 psig (three (3) megapascals), shall have two required gage glasses. When two gage glasses are required, one of the gage glasses may be replaced by two independent remote level indicators that are maintained in simultaneous operation while the boiler is in service.

(2) - (7) (No change.)

(f) - (h) (No change.)

§65.609. Process Steam Generators

(a) - (e) (No change.)

(f) Water level indicators.

(1) ASME Code, Section I, process steam generators with a MAWP of 400 psig (three (3) megapascals) or less shall have at least one gage glass. For a MAWP over 400 psig (three (3) megapascals), shall have two required gage glasses. When two gage glasses are required, one of the gage glasses may be replaced by two independent remote level indicators that are maintained in simultaneous operation while the process steam generator is in service.

(2) - (7) (No change.)

(g) - (i) (No change.)

[ 65.63. Extension of Interval between Internal Inspections. ]

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on September 22, 2017.

Brian E. Francis
Executive Director
Texas Department of Licensing and Regulation