Enabling Legislation

• House Bill 805, 82nd Legislature, 2011 was passed requiring affected utilities serving customers in Fort Bend County to develop and implement an EPP.
• Senate Bill 361, 81st Legislature, 2009 was passed requiring affected utilities serving customers in Harris County to develop and implement an EPP.

The EPP proposes to TCEQ how the affected utility will maintain a water pressure of 35 psi (pounds per square inch) throughout the distribution system when the power has been off for more than 24 hours during an emergency and contains emergency contact information.

Emergency Preparedness Plan Template Form 20536A

(For Fort Bend and Harris Counties Only)

During Hurricane Ike in 2008, residents in the Houston area were without power and water. In 2009, as required by SB 361 (Senate Bill 361, 81st Legislature, 2009), the TCEQ amended the Texas public drinking water rules to include the EPP requirements for water systems with customers in Harris County. Further revisions were required by HB 805 (House Bill 805, 82nd Legislature, 2011) to include water systems in Fort Bend County. Water systems with residential customers or that provide overnight accommodations at their facility in Harris and Fort Bend are now required to develop an Emergency Preparedness Plan (EPP) to restore water service and to provide a minimum of 35 psi following a water outage lasting more than 24 hours.

Who is Affected?

All water systems meeting the definition of an affected utility under the Texas Water Code (TWC) Section 13.1395 are required to develop and implement an EPP.

Under TWC Section 13.1395

Affected utility is defined as a retail public utility, exempt utility, or provider or conveyor of potable or raw water service that furnishes water service to more than one customer: in a county with a population of 3.3 million or more; or in a county with a population of 550,000 or more adjacent to a county with a population of 3.3 million or more. Furthermore, TWC Section 13.1395 also requires water systems providing water under emergency conditions during an extended power outage must do so at a minimum water pressure of 35 psi.

The definition of affected utility under TWC Section 13.1395 is applicable to water systems serving customers in Harris and Fort Bend Counties because these counties meet the population as defined in the definition.

What Water Systems are an Affected Utility?

All water systems that have residential customers or provide overnight accommodations to customers are affected. Therefore, water systems that provide water to customers that are either full-time or temporary residents of their water system will be required to submit for approval and implementation an EPP.

Examples include:

• Public Water Systems with residential customers
• Hospitals
• Assisted living homes
• Nursing homes
• Prisons and Detainment Centers (overnight)
• Hotels, motels, resorts, universities or boarding schools with dorms, marinas with occupied houseboats, and 24-hour daycares
• Recovery Centers
• RV-Parks and recreation areas with overnight camping access

What Water Systems Are Not an Affected Utility?

If your water system is a non-community system without overnight accommodations, you will not be affected by this requirement.

Examples include:

• Schools (without dormitories)
• Daycare Centers
• Restaurants
• Industrial plants/complexes
• Office Buildings
• Banks
• Churches (without overnight accommodations)

How Do I Get My EPP Approved?

To be approved, an EPP must demonstrate that the affected utility can operate and or restore operating pressures of 35 psi under TWC Section 13.1395 as soon as it is safe and practicable during a water outage lasting more than 24 hours. You must submit the EPP to TCEQ for review and approval. If the EPP is not approved, TCEQ will send you a letter indicating what items need clarification or correction so the EPP can be approved.

Affected utilities in Fort Bend County and Harris County must have an approved EPP before serving water to customers. EPP requirements have been in effect in Harris County as of 2009 and in Fort Bend County as of 2011.

Can the Requirement to Submit an EPP be Waived?

Yes. An affected utility may apply for a financial waiver to the EPP requirement if the affected utility can show that implementing an EPP will cause a significant financial burden to its customers. To obtain a waiver, an affected utility must submit documentation showing the actual costs of running the water system and anticipated cost of implementing an EPP. Then must show how the combined costs would be a significant burden on to its customers.

RG-553 is a guidance provides information on documentation required to request a waiver to the requirement for an emergency preparedness plan, if it is determined that implementing an EPP causes a significant financial burden on customers of the affected utility.

Note that submitting a waiver request will not extend the deadline to submit your EPP. The waiver needs to be submitted with enough time for TCEQ to review it, and if denied, would allow you time to complete an EPP and submit it BEFORE the submission deadline.

To request a waiver email a letter with all the required documentation to: PDWEPP@tceq.texas.gov

My EPP is Approved, Now What Do I Do?

Now that you have an approved EPP, and the approval letter, it’s time to implement your plan. Your water system  must maintain a copy of the EPP approval letter and the approved EPP. Both documents must be made available to TCEQ staff during inspections as required.

What Other Agencies Require a Copy of Your Approved EPP?

An affected utility with an approved EPP is required to provide a copy to their local county judge or their local county office of emergency management, the Texas Public Utility Commission (PUC), and the Texas Division of Emergency Management (TDEM) see TWC 13.1396 Coordination of Emergency Operations. Furthermore, an affected utility is also required to inform their electrical service provider(s), the PUC, and TDEM with information to determine if the affected utility meets the requirements of critical load status.

PUC of Texas Filing Information:

Included below are two weblinks; one for the Confidential filing procedures for the PUC use Docket No. 52272, and the second for PUC Procedural Rules for Filing of Pleadings, Documents, and Other Materials.

1. http://puc.texas.gov/industry/filings/Confidential.aspx
2. http://puc.texas.gov/agency/rulesnlaws/procrules/pr-e/22.71/22.71.pdf

Address:

Public Utility Commission of Texas
Central Records
1701 N Congress PO Box 13326
Austin, Texas 78711-3326

For additional questions contact the PUC Central Records office at 512-936-7180.

TDEM Filing Information:

EPP can be submitted to TDEM via email at: TechHaz@tdem.texas.gov

When Do I Change or Update The EPP?

An affected utility needs to submit a new EPP to the TCEQ when:

• An affected utility installs new equipment (e.g. larger generator, new water plant, larger water plant equipment) needs a new EPP to ensure that the option chosen is still applicable.
• If an affected utility removes all water plant equipment and is provided water by another water system a new EPP is required if the providing water system does not agree to provide water or pressure during an outage lasting more than 24 hours.
• An affected utility that agrees to provide water during an outage lasting 24 hours or more to another water system’s connections needs a new EPP to verify that the existing option can supply all customers with water and pressure during a water outage.
• An affected utility wants to choose a different option from the original EPP approved option.
• A non-affected utility changes their status to an affected utility (e.g. a convenience store owner begins providing water to a mobile home park).

A new EPP is not required for changes to utility contact information or personnel changes; for those types of changes, please submit only the applicable pages of the EPP template. Please include the updates in your copy of the EPP and submit the updated information to the other organizations listed on the page called Attachment A – Approved Plan Distribution.

What if I Have Additional Questions?

If you need assistance with the EPP template please fill out the EPP Help Form and TCEQ will contact you via email or phone to work with you.

If you need additional assistance email PDWEPP@tceq.texas.gov.

If you would submit information to TCEQ by mail send information to:

Emergency Preparedness and Response Section, MC-155
Texas Commission Environmental Quality
P.O. Box 13087
Austin TX 78711-3087

Is There Assistance Available?

Yes. If you need assistance preparing the EPP, help is available to you.

TCEQ can also provide access to Financial, Managerial, and Technical (FMT) Assistance contractors to help you understand these requirements. The FMT program sends trained individuals to your location and helps water and wastewater systems comply with TCEQ regulations. Through a contract with skilled professionals, we offer free financial, managerial, and technical assistance to help public water and wastewater systems comply with regulations. See the FMT webpage for more information.