Proposed Administrative Rules

Chapter 65. Boilers
Proposal Filed: September 20, 2018 – Published in the Texas Register: October 5, 2018
Deadline for Public Comment: November 5, 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 A, §65.2; Subchapter C, §65.13 and §65.15; Subchapter I, §65.63 and §65.64; Subchapter J, §65.71; and Subchapter R, §§65.608, 65.609, and 65.612, regarding the Boilers program.

JUSTIFICATION AND EXPLANATION OF THE RULES

The proposed rules update the boiler safety program rules to include specific conditions under which extensions of the interval between internal inspections of boilers may be approved. Four new definitions are added that are relevant to the expanded extension rule, §65.64. The proposed rules also remove the requirement for owners and operators to submit manufacturer’s data reports for boilers, which are readily available to the Department online if needed.

Further, amendments are made to reflect a change in an American Society of Mechanical Engineers (ASME) national standard, the Section 1 rule on power boilers. Other amendments clarify existing rule requirements, update terminology, and increase consistency with boiler law and with prior rule changes. The proposed rule amendments are necessary to clarify the rules; instill industry best practices; and reflect the changes made by the ASME, and will provide flexibility, consistency, and certainty to boiler owners, operators, and authorized inspection agencies.

The proposed rules were discussed by the Board of Boiler Rules (Board) at its meeting on July 13, 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 §65.2 add definitions for “continuous water treatment,” “operation,” “out of service,” and “standby,” clarify the authorized inspector definition, and amend the “repair” definition to match boiler law. The section is also renumbered accordingly.

The proposed amendments to §65.13 remove the obligation to submit a manufacturer’s data report to the department when installing a boiler.

The proposed amendments to §65.15 simplify language used in this section.

The proposed amendment to §65.63 corrects a reference.

The proposed amendments to §65.64 clarify the requirements for extension of the interval between internal inspections, and simplify the language used in the section.

The proposed amendments to §65.71 update terminology by removing the language “portable or stationary” when describing nonstandard boilers.

The proposed amendment to §65.608 updates the rule to specify that unfired steam boilers having more than 500 square feet of bare tube water heating surface must have two or more safety valves, in accordance with the revised ASME standard.

The proposed amendment to §65.609 updates the rule to specify that process steam generators having more than 500 square feet of bare tube water heating surface must have two or more safety valves, in accordance with the revised ASME standard.

The proposed amendments to §65.612 restructure the section for clarity.

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 costs to the state or local governments 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 rules.

LOCAL EMPLOYMENT IMPACT STATEMENT

Mr. Francis has determined that the proposed rules will not affect any 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 increased consistency within the extension approval process, which will contribute to the efficient, effective operation of the boiler safety program to protect the 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 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 not limit or repeal an existing regulation, but does expand 16 TAC §65.64, Extensions, and adds four new definitions. The amendments add specificity to the conditions under which extensions may be granted or denied, to provide flexibility, consistency, and certainty to owners, operators, and authorized inspection agencies. The expansion of the conditions for granting extensions does not add regulatory burdens and is expected to ease compliance and result in the same availability of extensions to the regulated community.

(7) The proposed rule decreases to zero the number of individuals subject to the requirement to provide a Manufacturer’s Data Report to the department upon installation of a boiler.

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

TAKINGS IMPACT ASSESSMENT

The Department has determined that no private real property interests are affected by this proposal and this proposal does not restrict, limit, or impose a burden on an owner’s rights to his or her private real property that would otherwise exist in the absence of government action. As a result, this proposal does not constitute a taking or require a takings impact assessment under Government Code §2007.043.

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 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

§65.2. Definitions

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

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

(7) Authorized Inspector--An inspector employed by an authorized inspection agency who holds [ holding ] a commission issued by the executive director.

(8) - (19) (No change.)

(20) Continuous water treatment--A verifiable program that controls and limits corrosion and deposits in a boiler.

(21) [ (20) ] Department--Texas Department of Licensing and Regulation.

(22) [ (21) ] Deputy Inspector--An inspector appointed by the executive director.

(23) [ (22) ] Disconnected Boiler--A boiler in which all fuel, water, steam and electricity are removed from any connection on the boiler. These connections shall provide an isolated gap and the source shall be safely isolated to prevent potential leaks or electrical hazards.

(24) [ (23) ] Electric Boiler--A boiler in which the source of heat is electricity, such as an electrode type boiler and an immersion resistance element type boiler.

(25) [ (24) ] Electrode Type Boiler--An electric boiler in which heat is generated by the passage of electric current using water as the conductor.

(26) [ (25) ] Executive Director--The executive director of the department.

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

(28) [ (27) ] 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.

(29) [ (28) ] 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.

(30) [ (29) ] 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).

(31) [ (30) ] 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.

(32) [ (31) ] Hot Water Supply Boiler--A boiler designed for operation at pressures not exceeding 160pounds 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).

(33) [ (32) ] 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.

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

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

(36) [ (35) ] 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.

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

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

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

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

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

(42) [ (41) ] 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.

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

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

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

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

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

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

(49) [ (48) ] 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.

(50) Operation--A boiler is in operation when the energy source is being applied to the boiler.

(51) Out of Service--A boiler is out of service when it is not in operation and its water level is at less than normal operating level.

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

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

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

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

(56) [ (53) ] 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).

(57) [ (54) ] 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.

(58) [ (55) ] 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.

(59) [ (56) ] 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.

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

(61) [ (58) ] Repair--The work necessary to return a boiler [ restore pressure-retaining items ] to a safe and satisfactory operating condition without changing the original design.

(62) [ (59) ] 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.

(63) [ (60) ] 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.

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

(65) [ (62) ] 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.

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

(67) [ (64) ] 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.

(68) [ (65) ] 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.

(69) Standby--A boiler is in standby condition when it is not in operation and its water level is at least at the normal operating level.

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

(71) [ (67) ] 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.

(72) [ (68) ] 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).

(73) [ (69) ] 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

§65.13. Boiler Installation

(a) The owner or operator of a boiler in this state must submit a boiler installation report [ the following ] to the department within thirty (30) days after completion of a boiler installation.

[ (1) A boiler installation report; and ]

[ (2) A manufacturer’s data report for the boiler. ]

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

§65.15. Boiler Certification Requirements

(a) To be eligible for a certificate of operation , the following requirements must be met [ each boiler must meet the following ]:

(1) compliance with new boiler installation [ comply with ] §65.200;

(2) completion and submission of the [ have an ] applicable inspection report [ completed ];

(3) [ if necessary, complete ] required repairs completed; and

(4) payment of [ pay the ] fees [ required ] under §65.300.

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

Subchapter I. Inspection of Boilers

§65.63. Inspection of Portable Boilers

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

(1) - (3) (No change.)

(4) Boilers designated as a Nonstandard Boiler in accordance with §65.45 [ §65.43 ], shall be inspected annually.

§65.64. Extension of Interval between Internal Inspections

(a) To extend the interval between internal inspections [ 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) Before 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 extension for each boiler, including the following: [ 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. ]

(A) the desired length of extension for a time period no more than one (1) year following the expiration date of the current certificate of operation;

(B) the date of the last internal inspection; and

(C) a statement certifying that records are available demonstrating compliance with Texas Health and Safety Code, §755.026, and this section.

(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) Before [ Prior to ] the expiration of the current certificate of operation, the inspection agency shall review all records and make an external inspection. The inspection agency shall submit the inspection report in accordance with Texas Health and Safety Code, §755.027. [ , make an external inspection, and submit the external inspection report to the department. ]

(4) Upon completion of the requirements in 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 before [ prior to ] the expiration of the certificate of operation [ , unless authorized in writing to continue operation until an internal inspection can be conducted ].

(7) Boilers for which the certificate of operation has expired must pass internal and external inspections before a new certificate of operation may be issued.

(b) The interval between internal inspections may be extended if , at all times since the last internal inspection, continuous water treatment has been maintained and:

(1) the boiler was in operation;

(2) the boiler was in standby;

(3) the boiler was out of service for periods not exceeding ten (10) consecutive days; or

(4) the boiler was out of service for any periods exceeding ten (10) consecutive days and the owner or operator had:

(A) notified the department and the authorized inspection agency in a manner prescribed by the department and in accordance with paragraph (5) that the period of time out of service was expected to exceed 10 consecutive days; and

(B) requested from the department and obtained written confirmation from the department that eligibility for extension of the interval between internal inspections would be maintained despite the period of time that the boiler was out of service.

(5) The notification required in (b)(4)(A):

(A) may be made by the authorized inspection agency.

(B) shall be made on the earlier of:

(i) the date on which the owner or operator becomes aware that the period of time out of service will exceed 10 consecutive days; or

(ii) the date on which the boiler has been out of service for ten (10) consecutive days.

(c) A request for extension of the interval between internal inspections may be denied for failure to comply with any applicable provision of the Texas Health and Safety Code, Chapter 755, or this chapter.

(d) [ (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) Before [ Prior to ] the expiration date of the current certificate of operation, the owner or operator shall submit to the department , in the manner prescribed by 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

§65.71. Texas Boiler Number--Placement on Boiler

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

(f) Nonstandard [ Portable or stationary nonstandard ] boilers shall be identified by the Texas boiler number as described in subsection (b), with an exception that the Texas boiler number decal shall not be applied. The letters "TEXAS SPECIAL" or "TX SPCL" shall identify [ portable or stationary ] nonstandard boilers and shall be stamped directly above the Texas boiler number.

Subchapter R. Technical Requirements

§65.608. Unfired Steam Boilers.

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

(c) Safety valves and pressure relief valves.

(1) - (2) (No change.)

(3) Each ASME Code, Section I, unfired steam boiler shall have one safety valve and if it has more than 500 square feet (47 square meters) of bare tube water heating surface, it shall have two or more safety valves.

(A) The valve or valves shall be connected to the boiler, independent of any other steam connection, and attached as close as practicable to the boiler without unnecessary intervening pipe or fittings.

(B) Valves, except a changeover valve as defined in §65.2(14), shall not be placed between the required safety valve or pressure relief valve or valves and the boiler nor on the discharge pipe between the safety valve or pressure relief valve and the atmosphere.

(C) The safety valve capacity of each unfired steam boiler must allow the safety valve or valves to discharge all the steam that can be generated by the boiler without allowing the pressure to rise more than 6.0% above the highest pressure to which any valve is set, and to no more than 6.0% above the MAWP.

(4) - (6) (No change.)

(d) - (h) (No change.)

§65.609. Process Steam Generators.

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

(d) Safety valves and pressure relief valves.

(1) - (2) (No change.)

(3) Each ASME Code, Section I, process steam generator, shall have one safety valve and if it has more than 500 square feet (47 square meters) of bare tube water heating surface, it shall have two or more safety valves. ASME Code, Section I, safety valves shall be applicably stamped.

(A) The valve or valves shall be connected to the steam collection or liberation drum of the process steam generator, independent of any other steam connection, and attached as close as practicable to the steam collection or liberation drum without unnecessary intervening pipe or fittings.

(B) No valves, except as defined in §65.2(14), of any description shall be placed between the required safety valve or pressure relief valve or valves and the steam collection or liberation drum, nor on the discharge pipe between the safety valve or pressure relief valve and the atmosphere.

(C) The safety valve capacity of each process steam generator, shall allow the safety valve or valves to discharge all the steam that can be generated by the process steam generator without allowing the pressure to rise more than 6.0% above the highest pressure to which any valve is set, and to no more than 6.0% above the MAWP.

(4) - (6) (No change.)

(e) - (i) (No change.)

§65.612. Repair and Alterations.

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

(e) Plugging of boiler tubes (excluding tubes in headers of economizers, evaporators, superheaters, or reheaters).

(1) Tube plugs shall be made of a material which is compatible with the material of the boiler tube being plugged and shall be welded into place, or manufactured to be expanded into the tube sheet or drum.

(2) Plugging boiler tubes on Fire Tube Boilers fabricated in accordance with ASME Section I or IV. Best practice is not to plug a boiler tube in a Fire Tube Boiler. If a Fire Tube Boiler tube is plugged, the following criteria shall apply.

[ (A) Best practice is not to plug a boiler tube in a Fire Tube Boiler. If a Fire Tube Boiler tube is plugged, the following criteria shall apply. ]

(A) [ (B) ] Plugging boiler tubes that are adjacent to another plugged boiler tube is prohibited.

(B) [ (C) ] No more than 10% of the total number of boiler tubes shall be plugged.

(C) [ (D) ] All non-expanded boiler tube plugs shall be welded into place.

(D) [ (E) ] All plugged boiler tubes shall be replaced prior to the next required Certificate Inspection.

(3) (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 September 20, 2018.

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