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Texas Natural Resource Conservation Commission
               Austin                       Texas

To:  Permits Division Directors/Permit Engineers/Regional
From:  Lawrence E. Pewitt, P.E., Director Permits Program
Date:  July 5, 1990
Subject:  Regulation VI Revisions, effective date.

The effective date for the newly-adopted revisions to
Regulation VI is July 23, 1990.  The revisions are as follows:

1.  116.1(c) now 116.110(d) Permit Requirements

All applications for permit or permit amendment with an
estimated capital cost of the project above 2 million dollars,
and not subject to any exemption contained in the Texas
Engineering Practice Act (TEPA), shall be submitted under seal
of a registered professional engineer.  However, nothing in
this subsection shall limit or affect any requirement which
may apply to the practice of engineering under TEPA or the
actions of the Texas State Board of Registration for
Professional Engineers.  For purposes of this subsection, the
estimated capital cost is defined in S116.11(b) now 116.141(a)
of this title, concerning permit fees.

2.  116.3(a)(1)(B) now 116.117(a) Considerations for Granting
      Permits to Construct and Operate

    Permit to Construct-Reformatted to add a distance limit
    for most proposed lead smelters.

3.  116.6(a)(5) now 116.211(a)(6) Exempted Facilities

No person shall circumvent by artificial limitations the    
requirements of 116.1 now 116.110 of this chapter, concerning
Permit Requirements.

Items 2 and 3 above need little or no further explanation;
however, Item 1 pertaining to requiring that certain
applications be submitted under seal of a registered
professional engineer has already raised questions on the
exact meaning of the phrase, "submitted under seal ... ".
According to the Board of Registration a "seal', consists of
three parts:  

(a)  the seal itself clearly showing the registration number,
(b)  a signature and
(c)  a date,

all three of which must be clearly discernable and in close
proximity.  The seal should NOT be impressed over the
signature as was the practice some years ago.  It is not
necessary that all pages of an application be "sealed".  A
seal on the cover letter which references the application,
title page of the application or application form itself is
sufficient to satisfy this regulation requirement.  This, of
course, makes the professional engineer responsible for the
entire package.  If this is not the case then it must be
clearly evident just what the engineer is responsible for,
with statements like "Calculations by...... " or "Reviewed
by...... " or "This application is hereby certified to meet
all rules and regulations of the TACB", etc.

Please direct attention to these requirements, in particular,
applications for permit or permit amendment received on or
after July 23, 1990, to ensure that all professional engineer
seal requirements are met.  

cc:  Mr. Steve Spaw, P.E., Executive Director
     Mr. James C. Myers, P.E., Deputy Director, Regulatory