Boiler Safety Administrative Rules - Proposed Rules

Chapter 65. Boilers

Proposal Filed: April 30, 2018 – Published in the Texas Register: May 11, 2018
Deadline for Public Comment: June 11, 2018

Underlined text is new language.

[ Strikethrough text ] is deleted language.

The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 65, Subchapter R, §65.607 and §65.611, regarding the Boilers program.

JUSTIFICATION AND EXPLANATION OF THE RULES

The proposed rules make a technical clarification and an editorial correction. The American Society of Mechanical Engineers (ASME), made a change in a national standard, the Section 1 rule on power boilers, that makes a rule amendment necessary. In addition, two instances of an editorial change are made to the boiler’s expansion tank pressure rating requirement. The proposed rules are necessary to allow for the Department to approve the installation of newer boilers built to the new standard and to maintain accurate safety requirements.

The proposed rules were discussed by the Board of Boiler Rules (Board) at its meeting on April 24, 2018. The Board recommended that the proposed rules be published in the Texas Register for public comment.

SECTION- BY- SECTION SUMMARY

The proposed amendments to §65.607 specify that boilers having more than 500 square feet of bare tube water heating surface must have two or more safety valves; and make an editorial correction by changing the language from “lower” to “greater.”

The proposed amendment to §65.611 makes an editorial correction by changing the language from “lower” to “greater.”

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 direct cost to the state or local government as a result of enforcing or administering the proposed rules.

Mr. Francis has determined that for each year of the first five years the proposed rules are in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rules.

Mr. Francis has determined that for each year of the first five years the proposed rules are in effect, there are no foreseeable implications relating to costs or revenues to local government as a result of enforcing or administering the proposed amendments.

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 has also determined that for each year of the first five-year period the proposed rules are in effect, the public will benefit from updating and correcting the boiler rules. These changes contribute to an effective and efficient regulatory program for boilers, which protects the health, safety, and welfare of the citizens of Texas.

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 are no anticipated economic costs to persons who are required to comply with the proposed rules.

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 rules.

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 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 rule. There are exceptions for certain types of rules under §2001.0045(c).

The proposed rules 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(c).

GOVERNMENT GROWTH IMPACT STATEMENT

Pursuant to Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rules. For each year of the first five years the proposed rules will be in effect, the agency has determined the following:

(1) The proposed rule does not create or eliminate a government program.

(2) Implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions.

(3) Implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the agency.

(4) The proposed rule does not require an increase or decrease in fees paid to the agency.

(5) The proposed rule does not create a new regulation.

(6) The proposed rule does expand, limit, or repeal an existing regulation.

(7) The proposed rule does not increase or decrease the number of individuals subject to the rule's applicability.

(8) The proposed rule does not positively or adversely affect this state's economy.

PUBLIC COMMENTS

Comments on the proposal may be submitted by mail to Pauline Easley, Legal Assistant, 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 new rules and 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 R. Technical Requirements

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

(a) Safety valves and pressure relief valves.

(1) The use of weighted-lever safety valves, or safety valves having either the seat or disk of cast iron, is prohibited.

(2) Each boiler shall have at least one safety valve and, if it has more than 500 square feet (47 square meters) of bare tube water heating surface or has electric power input more than 1,100 kilowatts, it shall have two or more safety valves. These valves shall be "V" stamped per ASME Code.

(3) - (14) (No change.)

(b) - (h) (No change.)

(i) Provisions for thermal expansion for High-Temperature Water Boilers.

(1) An airtight tank or other suitable air cushion that is consistent with the volume and capacity of the system shall be installed. Expansion tanks shall be constructed in accordance with the ASME Code, Section VIII, Division 1, and the pressure and temperature ratings of the tank shall be equal to or greater than the pressure and temperature ratings of the system pressure. A pressure relief valve shall be installed with a set pressure at or below the MAWP of the expansion tank. Alternately the boiler pressure relief valve may be used provided the expansion tank's MAWP is equal to or greater [ lower ] than the set pressure of the pressure relief valve.

(2) Provisions shall be made for draining the tank without emptying the system, except for pre-pressurized tanks.

(3) If the expansion tank was originally equipped with a sight glass, the sight glass and sight glass valves shall be in working condition at all times, and the water level shall be maintained as per the manufacturer's recommendations.

§65.611. Heating Boilers

(a) (No change.)

(b) Hot Water Heating Boilers.

(1) - (6) (No change.)

(7) Provisions for thermal expansion.

(A) (No change.)

(B) Closed heating system.

(i) - (ii) (No change.)

(iii) Expansion tanks for systems designed to operate above 30 psig (207 kilopascals) shall be constructed in accordance with the ASME Code, Section VIII, Division 1, or Section X, and the pressure and temperature ratings of the tank shall be equal to or greater than the pressure and temperature ratings of the system pressure. A pressure relief valve shall be installed with a set pressure at or below the MAWP of the expansion tank. Alternately the boiler pressure relief valve may be used provided the expansion tank's MAWP is equal to or greater [ lower ] than the set pressure of the pressure relief valve.

(iv) - (v) (No change.)

(8) (No change.)

(c) - (d) (No change.)

REVIEW BY AGENCY COUNSEL

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 April 30, 2018.

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