Part 1.
RAILROAD COMMISSION OF TEXAS
Chapter 3.
OIL AND GAS DIVISION
16 TAC §3.20
The Railroad Commission of Texas (Commission) proposes amendments
to §3.20 (commonly called Statewide Rule 20), relating to Notification
of Fire Breaks, Leaks, or Blow-outs to add language specifying the circumstances
under which operators must notify the Commission of gas releases.
The Commission proposes to revise §3.20(a)(1) to add the phrases,
"Except as otherwise provided in this section," and "release into the environment"
to accommodate subsequent new provisions in paragraph (2) that state when
operators are required to report gas released into the environment. The Commission
also proposes to strike the word "telegraph" because it is no longer an acceptable
method of initial notification. The Commission considered electronic mail
(e-mail) and facsimile transmission (fax notification), but the initial notification
is supposed to be as immediate as possible. Commission personnel would not
receive an e-mail or fax after hours or if out of the office for an extended
period, but a district employee is always on call to be available by telephone.
The Commission therefore finds that the most effective method for the operator
to provide the Commission initial notification of an emergency such as a fire,
break, leak, blowout or release is a telephone call to the district office.
Revisions to subsection (a) also include substituting "written report" for
"letter" to make the rule consistent with Commission practice.
The Commission proposes to add new §3.20(a)(2) to state that operators
are required to give immediate notice of gas leaks or releases of greater
than 100 mcf. The Commission proposes to add new §3.20(a)(3) to state
that operators are required to give immediate notice of gas leaks or releases
of 100 mcf or less only if the leak or release is reportable under §3.32,
relating to Gas Well Gas and Casinghead Gas Shall Be Utilized for Legal Purposes,
or §3.36, relating to Oil, Gas or Geothermal Resource Operation in Hydrogen
Sulfide Areas, causes or contributes to fire, explosion, or injury, or threatens
the safety of persons or property.
The Commission proposes to re-designate current subsection (a)(2) as subsection
(a)(4), and to substitute the term "written report" for "letter" in places
where the rule currently uses the term "letter," and to add the modifier "written"
in places where the rule currently uses the term "report" to make the rule
consistent with Commission practice.
The Commission proposes to change "report" to "written report" in subsection
(b) but does not propose any other changes to subsections (b) and (c).
The Commission proposes these amendments to §3.20 to conform to long-standing
interpretation and practice of the Commission with respect to its provisions.
The Commission has interpreted the rule to apply to emergency situations which
pose an imminent threat to life, health, property, or the environment. The
Commission finds that some gas releases do not rise to the level of emergency
as contemplated by this rule. The Commission therefore proposes these amendments
to establish a category of gas releases that do require the operator to notify
the district office.
Leslie Savage, Oil and Gas Division planner, has determined that for each
year of the first five years the amendments as proposed will be in effect,
there will be no fiscal implications to state or local governments as a result
of enforcing or administering the amendments because the amendments conform
the rule to the actual practice of the Commission based on its interpretation
of the rule over the years.
There will be no cost of compliance with the proposed amendments for the
individual, small business, or micro-business operator because the amendments
conform the rule text to the actual practice of the Commission based on its
interpretation and application of the rule over the years.
David Cooney, Assistant Director, Environmental Section, Office of General
Counsel, has determined that for each year of the first five years that the
amendments will be in effect, there will be a public benefit in that the process
for notifying the Commission of gas releases will be clarified.
Comments on the proposal may be submitted to Rules Coordinator, Office
of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin,
Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform.html; or
by electronic mail to rulescoordinator@rrc.state.tx.us, and should refer to
Oil and Gas Docket No. 20-0234022 . The Commission will accept comments for
60 days after publication in the
Texas Register
.
The Commission encourages all interested persons to submit comments no later
than the deadline. The Commission cannot guarantee that comments submitted
after the deadline will be considered. For further information, call Mr. Cooney
at (512) 463-6977. The status of Commission rulemakings in progress is available
at www.rrc.state.tx.us/rules/proposed.html.
The Commission proposes the amendments to §3.20 pursuant
to Texas Natural Resources Code, §81.051 and §81.052, which provide
the Commission with jurisdiction over all persons owning or engaged in drilling
or operating oil or gas wells and persons owning or operating pipelines in
Texas and the authority to adopt all necessary rules for governing and regulating
persons and their operations under Commission jurisdiction; Texas Natural
Resources Code §§85.042, 85.202, 86.041, and 86.042, which require
the Commission to adopt rules to control waste of oil and gas and for the
prevention of operations in the field dangerous to life or property; and Texas
Water Code, §26.131, which provides the Commission with the authority
to abate and prevent pollution of surface and subsurface water.
Cross-reference to statute: Texas Natural Resources Code, §§81.051,
81.052, 85.042, 85.202, 86.041, and 86.042; Texas Water Code, §26.131.
Issued in Austin, Texas, on March 11, 2003.
§3.20.Notification of Fire Breaks, Leaks, or Blow-outs
(a)
General requirements.
(1)
Except as otherwise provided in this section, operators
[
(2)
Operators shall give immediate
notice of gas leaks or releases of greater than 100 mcf.
(3)
Operators shall give immediate
notice of gas leaks or releases of 100 mcf or less only if the leak or release:
(A)
is reportable under §§3.32 of this
chapter (relating to Gas Well Gas and Casinghead Gas Shall Be Utilized for
Legal Purposes), or 3.36 of this chapter (relating to Oil, Gas or Geothermal
Resource Operation in Hydrogen Sulfide Areas);
(B)
causes or contributes to fire, explosion, or
injury; or
(C)
threatens the safety of persons or property.
(4)
[
(b)
The
written
report [
(c)
Any operation with respect to the pickup of pipeline break
oil shall be done subject to the following provisions. The provisions hereafter
set out shall not apply to the picking up and the returning of pipeline break
oil to the pipeline from which it escaped either at the place of the pipeline
break, or at the nearest pipeline station to the break where facilities are
available to return such oil to the pipeline; provided, that such operations
are conducted by the pipeline operator at the time of the pipeline break and
its repair; provided, further, that such authority as is herein granted for
the picking up of pipeline break oil shall not relieve the operator of such
pipeline of notifying the commission of such pipeline break, and the furnishing
to the commission of the information required by the provisions set out in
subsection (a) of this section for reporting such pipeline breaks.
(1)
Any person desiring to pick up, reclaim, or salvage pipeline
break oil, other than as provided in this subsection, shall obtain in writing
a permit before commencing operations. All applications for permits to pick
up, reclaim, or salvage such oil shall be made in writing under oath to the
district office.
(2)
Applications to pick up, reclaim, or salvage pipeline break
oil shall state the location of such oil, the location of the break in the
pipeline causing the leakage of such oil, the name of the pipeline, the owner
thereof, and the date of the break.
(3)
Pipeline break oil that is not returned to the pipeline
from which it escaped shall be offered to the applicant to reclaim by the
operator of such pipeline but shall be charged to such pipeline stock account.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on March 11, 2003.
TRD-200301682
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Proposed date of adoption: May 27, 2003
For further information, please call: (512) 475-1295
16 TAC §3.107
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Railroad Commission of Texas or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Railroad Commission of Texas (Commission) proposes
the repeal of §3.107 (relating to Texas Experimental Research and Recovery
Activity (TERRA)) because the statute authorizing this program, Chapter 93
of the Texas Natural Resources Code, no longer exists. This chapter was repealed
by Section 76, Senate Bill 310, 77th Legislature (2001).
The Commission simultaneously proposes the review of §3.107, in accordance
with Tex. Gov't Code, §2001.039. The notice of proposed review was filed
with the
Texas Register
concurrently with
this proposed repeal. As stated in the concurrent rule review notice, the
agency's reason for adopting this rule no longer exists.
Mary Ross McDonald, Deputy General Counsel, Office of General Counsel,
has determined that, for each year of the first five years the repeal is proposed
to be in effect, there will be no fiscal implications for state or local governments
as a result of the repeal of §3.107.
Ms. McDonald has also determined that, for each year of the first five
years the repeal is proposed to be in effect, the public benefit anticipated
as a result of the repeal of §3.107 will be a more current version of
the Commission's rules because this unnecessary and unauthorized rule will
be removed.
There is no anticipated economic cost for individuals, small businesses,
or micro-businesses as a result of the proposed repeal of §3.107.
Comments on the proposal may be submitted to Rules Coordinator, Office
of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin,
Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform.html; or
by electronic mail to rulescoordinator@rrc.state.tx.us. The Commission will
accept comments for 30 days after publication in the
Texas Register
and should refer to Oil and Gas Docket No. 20-0216753.
For further information, call Leslie Savage at (512) 463-7308. The status
of Commission rulemakings in progress is available at www.rrc.state.tx.us/rules/proposed.html.
The Commission proposes the repeal under Texas Natural Resources
Code, §81.052, which authorizes the Commission to adopt necessary rules
and regulations for governing persons and their operations involving oil and
gas wells and pipelines, and under the provisions of Section 76, Senate Bill
310, 77th Legislature (2001).
Cross-reference to statute: Texas Natural Resources Code, §81.052.
Issued in Austin, Texas on March 11, 2003.
§3.107.Texas Experimental Research and Recovery Activity (TERRA).
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on March 11, 2003.
TRD-200301683
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: April 27, 2003
For further information, please call: (512) 475-1295
Subchapter B. REQUIREMENTS FOR NATURAL GAS AND HAZARDOUS LIQUIDS PIPELINES
16 TAC §8.101, §8.103
The Railroad Commission of Texas proposes to amend §8.101
(relating to Pipeline Integrity Assessment and Management Plans for Natural
Gas and Hazardous Liquids Pipelines) to provide an alternative means for approval
of the use of direct assessment by hazardous liquids and natural gas pipeline
operators as an assessment tool. Currently, §8.101(b)(1) requires that
a hearing be held in all instances in which a pipeline operator's integrity
assessment plan lists direct assessment or other methods of assessment not
specifically listed in the rule as the assessment methodology. In addition,
the Commission proposes to adopt new §8.103, relating to Procedures and
Standards for Approval of Certain Methodologies for Integrity Management Assessment,
which sets forth procedures for reviewing operators' requests for approval
of direct assessment and other technology options listed in §8.101(b)(1).
In April 2001, the Commission adopted §8.101, which requires all natural
gas and hazardous liquids pipeline operators to develop an integrity assessment
and management plan for their pipeline systems. In §8.101(b)(1)(C), the
rule lists four different assessment tools available to operators to assess
the integrity of their pipelines. Of the four assessment tools listed, two--direct
assessment and other technology or assessment methodology not specifically
listed--require a hearing and Commission approval prior to their use. To date,
there have been no hearings on the direct assessment or other new technology
methods. The Commission proposes to amend §8.101(b)(1)(C) to remove the
mandate for a hearing when an operator requests approval of direct assessment
or other technology options not specifically listed in §8.101(b)(1).
Such requests would still require the approval of the Commission. The amendment
will provide each operator the opportunity for a hearing, if needed, but does
not mandate that a hearing be conducted. Commission approval of a direct assessment
methodology could be achieved by an order of the Commission without a hearing.
Under the proposed amendment, Pipeline Safety staff would work with the operators
to review requests for approval of direct assessment plans and, upon the concurrence
of both the operator and the Pipeline Safety staff, would present to the Commission
a recommendation of approval of the assessment methodology and an agreed order.
If the operator and the Pipeline Safety staff do not reach agreement regarding
the method or methods of assessment, the operator would still have the opportunity
for a hearing as provided in proposed new §8.103.
Proposed new §8.103 is intended to provide specific procedural guidelines
for operators and staff in applying for and reviewing requests for approval
of direct assessment or other assessment methodology not specifically listed
in §8.101(b)(1)(C) and, if necessary, in conducting any hearing that
may be convened.
Proposed new §8.103(a) provides a less cumbersome reference by stating
that the phrase "direct assessment or other assessment methodology" means
direct assessment and any other technology or assessment methodology that
is not specifically listed in §8.101(b)(1) and for which an operator
must obtain Commission approval.
Proposed new §8.103(b) sets out provisions by which an applicant operator
may seek a protective order for any portion of the information required to
be filed pursuant to proposed new §8.103. The subsection also provides
that a Commission protective order may provide that any protected documents
or materials will be expunged from Commission records and returned to the
applicant after a final and unappealable determination has been made on the
application.
Proposed new §8.103(c) requires an applicant operator to request a
hearing by filing with the assistant director a letter requesting a hearing
date and specified information, which may be filed either separately from
the integrity management plan or in the form of detailed references to the
location of the required information in the filed plan. The applicant operator
is required to submit the specified information for all systems for which
the applicant requests Commission approval to use direct assessment or other
assessment methodology for either a baseline assessment or a subsequent assessment.
In addition, the operator must identify, in tabular form, all risk factors
involved for the pipeline system or segment of the system covered by the plan
and for which the applicant operator requests approval for the use of direct
assessment or other assessment methodology, the direct assessment or other
technology or assessment methodology tools chosen to comply with the plan,
and a comparison of the results of sample validation data. Specifically, the
results of an assessment of a segment of pipeline using an in-line inspection
tool must be compared to the results of an assessment of the same segment
using direct assessment or other assessment methodology. If such a comparison
was not performed, the applicant operator must explain why the comparison
was not performed. Finally, the applicant operator must include a statement
explaining how the applicant operator has verified that the direct assessment
or other assessment methodology for which approval is requested will address
the type of risks identified and how those risks have been verified through
a validation process.
Proposed new §8.103(d) sets out the time for review by the assistant
director, provides that the division review is limited to technical issues,
and articulates the standards by which the assistant director will determine
whether to recommend approval of the request. If granting the request will
neither imperil nor tend to imperil the health, safety or welfare of the general
public and the environment, the assistant director may recommend in writing
that the Commission approve the request. In that event, the assistant director
forwards the file, along with the written recommendation that the request
be approved, to the Office of General Counsel for further processing. If the
applicant operator and the assistant director agree in writing to waive a
hearing, the Office of General Counsel prepares an order approving the request
based on the assistant director's recommendation.
If the assistant director declines to recommend that the Commission approve
the request, the assistant director must notify the applicant operator in
writing of the recommendation and the reason for it. At that point, the applicant
operator may either withdraw the request for approval of direct assessment
or other assessment methodology or may file a written request for a hearing
on the matter within ten calendar days of receiving notice of the assistant
director's written decision not to recommend that the Commission approve the
request.
Under proposed new §8.103(e), within three days of receiving a request
for a hearing, the assistant director forwards the file to the Office of General
Counsel for the setting of a hearing. The Office of General Counsel assigns
a presiding examiner to conduct a hearing in accordance with the procedural
requirements of Texas Government Code, Chapter 2001 (the Administrative Procedure
Act), and Chapter 1 of Title 16 (relating to Practice and Procedure).
Proposed new §8.103(f) provides that after a hearing, the Commission
may approve a request to use direct assessment or other assessment methodology
based on a finding or findings that use of such assessment methodology, as
compared to in-line inspection or pressure testing, will neither imperil nor
tend to imperil the health, safety or welfare of the general public and the
environment. Proposed new subsection (g) explicitly states that the Commission
reserves its right to exercise its discretionary powers to further investigate
any request for approval of direct assessment or other assessment methodology.
Mary McDaniel, P.E., assistant director, Gas Services Division, has determined
that for each of the first five years the proposed amendment and new section
will be in effect, there will be no fiscal implications for state government.
It is anticipated that most if not all requests for direct assessment can
be resolved without the need for an evidentiary hearing. Any hearings that
might be convened would be conducted using existing staff and within current
budget limits. Because the Commission has not conducted any hearings pursuant
to §8.101, there is no information from which to estimate the length
of time such a hearing might take. There will be no fiscal implications for
local governments, because under Texas Government Code, §121.202, only
the Commission has jurisdiction over pipeline safety matters affecting the
transportation of gas and gas pipeline facilities in this state.
Ms. McDaniel has also determined that for each year of the first five years
the amendment and new section as proposed will be in effect, the public benefit
anticipated as a result of enforcing the sections as proposed will be improvement
in safety due to availability of direct assessment methodologies and the specific
procedures for obtaining approval of assessment technologies.
Pursuant to Texas Government Code, §2006.002(c), the Commission cannot
determine the exact cost of compliance with the proposed amendments to §8.101
and proposed new §8.103 for individual, small business, or micro-business
pipeline operators, but the Commission anticipates that there will be either
no cost or a reduction in the cost. The proposed amendments to §8.101
would allow operators to gain Commission approval of direct assessment or
other technology not specifically listed in the rule without an evidentiary
hearing, which could yield savings to those operators that would otherwise
have had to incur the expense of going through a hearing, such as hiring legal
counsel and other experts, preparing documents and testimony, and traveling
to Austin for the hearing itself. Any potential savings would be based on
each individual pipeline operator's specific situation. Proposed new §8.103
provides guidelines to all operators seeking approval of direct assessment
or other technology not specifically listed in §8.101, which should provide
some savings just in the efficiency of not having to use trial and error to
determine how to proceed. The Commission assumes that there are operators
that meet the definitions of "micro-business" and "small business" set forth
in Texas Government Code, §2006.001(1) and (2), respectively; however,
the Commission does not have data showing the expense for each employee, the
expense for each hour of labor, or the total sales revenue for pipeline operators.
Therefore, the Commission is not able to determine the exact cost of compliance
based on the cost for each employee, the cost for each hour of labor, or the
cost for each $100 of sales pursuant to Texas Government Code, §2006.002(c).
However, pursuant to Texas Government Code, §2006.002, the Commission
finds that, considering the purpose of the proposed amendments to §8.101
and proposed new §8.103, it is not feasible to reduce any adverse effect,
if there is any, that the proposed amendments and new rule could have on individuals,
small businesses, or micro-businesses.
Comments on the proposal may be submitted to Rules Coordinator, Office
of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin,
Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform.html; or
by electronic mail to rulescoordinator@rrc.state.tx.us. The Commission will
accept comments for 60 days after publication in the
Texas Register
and should refer to Gas Utilities Docket No. 9378. The
Commission encourages all interested persons to submit comments no later than
the deadline. The Commission cannot guarantee that comments submitted after
the deadline will be considered. For further information, call Mary McDaniel
at (512) 463-7058. The status of Commission rulemakings in progress is available
at www.rrc.state.tx.us/rules/proposed.html.
The Commission proposes the amendment and new rule pursuant to
Texas Natural Resources Code, §§117.001-117.101, which authorize
the Commission to adopt safety standards and practices applicable to the transportation
of hazardous liquids and carbon dioxide and associated pipeline facilities
within Texas to the maximum degrees permissible under, and to take any other
requisite action in accordance with, 49 United States Code Annotated, §60101,
Cross-reference to sections affected: Texas Natural Resources Code, §§117.001-117.101
and 118.001-118.005; and Texas Utilities Code, §§121.201-121.210.
Issued in Austin, Texas on March 11, 2003.
§8.101.Pipeline Integrity Assessment and Management Plans for Natural Gas and Hazardous Liquids Pipelines.
(a)
(No change.)
(b)
By February 1, 2002, operators of intrastate transmission
and gathering lines subject to the requirements of 49 CFR 192 or 49 CFR 195
shall designate to the Commission's Pipeline Safety Section on a system-by-system
or segment within each system basis whether the pipeline operator has chosen
to use the risk-based analysis pursuant to paragraph (1) of this subsection
or the prescriptive plan authorized by paragraph (2) of this subsection. Operators
using the risk-based plan shall complete at least 50% of the initial assessments
by January 1, 2006, and the remainder by January 1, 2011; operators using
the prescriptive plan shall complete the initial integrity testing by January
1, 2006, or January 1, 2011, pursuant to the requirements of paragraph (2)
of this subsection.
(1)
The risk-based plan shall contain at a minimum:
(A)-(B)
(No change.)
(C)
assessment of pipeline integrity using at least one of
the following methods appropriate for each segment:
(i)
in-line inspection;
(ii)
pressure test;
(iii)
direct assessment after [
(iv)
other technology or assessment methodology not specifically
listed in this paragraph after [
(D)-(E)
(No change.)
(2)
(No change.)
(c)-(f)
(No change.)
§8.103.Procedures and Standards for Approval of Certain Methodologies for Integrity Management Assessment.
(a)
Definition. In this section, the phrase "direct assessment
or other assessment methodology" shall include direct assessment and any other
technology or assessment methodology that is not specifically listed in §8.101(b)(1)
of this title (relating to Pipeline Integrity Assessment and Management Plans
for Natural Gas and Hazardous Liquids Pipelines).
(b)
Confidentiality. The information required by subsection
(c) of this section may be subject to public disclosure. To preserve the confidentiality
of any portion of the required information and/or documents, prior to filing
the required information, an applicant operator may request consideration
of the issuance of a protective order. An applicant operator seeking a protective
order shall demonstrate that the information sought to be protected is a trade
secret, proprietary information, or otherwise legally entitled to protection
from disclosure. If the Commission enters a protective order, the order may
provide that any protected documents or materials will be expunged from Commission
records and returned to the applicant after a final and unappealable determination
has been made on the application.
(c)
Request for hearing; required information. An operator
designating direct assessment or other assessment methodology as the integrity
management assessment method for all or any segment of a pipeline system shall
obtain Commission approval. In the event of a hearing, the operator shall
request a hearing by filing with the assistant director a letter requesting
a hearing, and the following information, which may be filed either separately
from the integrity management plan or in the form of detailed references to
the location of the required information in the filed plan:
(1)
the applicant operator's name, business address, telephone
number, fax number, and, if available, e-mail address; and the same information
for an authorized representative, if any;
(2)
the name of each operator covered by the plan, and for
each operator and/or system, the system name and T-4 permit number;
(3)
for each of the following categories, the total number
of miles in the pipeline system or systems:
(A)
operated by the applicant operator (intrastate, interstate,
and other systems);
(B)
operated by the applicant operator and covered by the Commission's
Integrity Assessment and Management Plan;
(C)
operated by the applicant operator and covered by the Federal
Integrity Assessment and Management Plan; and
(D)
for which the applicant operator requests approval of a
baseline assessment or a subsequent assessment by means of direct assessment
or other assessment methodology;
(4)
a description of records available from prior hydrostatic
tests or in-line inspections for the system or for each segment of the system
operated by the applicant and for which the applicant requests approval of
direct assessment or other assessment methodology. The applicant operator
shall submit this information for all systems for which the applicant requests
Commission approval to use direct assessment or other assessment methodology
for either a baseline assessment or a subsequent assessment;
(5)
in tabular form, all risk factors involved for the pipeline
system or segment of the system covered by the plan and for which the applicant
operator requests approval for the use of direct assessment or other assessment
methodology;
(6)
the direct assessment or other technology or assessment
methodology tools chosen to comply with the plan, including the following
information for each methodology:
(A)
direct assessment process or processes, if combined;
(B)
how the assessment will be conducted;
(C)
if employing combined processes, a description of how they
will be accomplished; and
(D)
samples of field validation data;
(7)
comparison of the results of sample validation data. The
results of an assessment of a segment of pipeline using an in- line inspection
tool shall be compared to the results of an assessment of the same segment
using direct assessment or other assessment methodology. If such a comparison
was not performed, the applicant operator shall explain why the comparison
was not performed; and
(8)
a statement explaining how the applicant operator has verified
that the direct assessment or other assessment methodology for which approval
is requested will address the type of risks identified and how those risks
have been verified through a validation process.
(d)
Division review.
(1)
The assistant director shall complete the review of a request
under subsection (c) of this section within 15 calendar days after the required
information has been filed.
(2)
Division determinations shall be limited to technical issues
to determine compliance with the federal pipeline safety regulations regarding
hazardous liquids and natural gas pipelines, as well as the operator's identification
and assignment of risks under §8.101(b)(1).
(3)
Standards to determine acceptance will include API 1160,
ASME B31.8S, and NACE RP 0102 and RP 0502.
(4)
The assistant director may recommend that the Commission
approve the request if granting the request will neither imperil nor tend
to imperil the health, safety or welfare of the general public and the environment.
The assistant director shall forward the file, along with a written recommendation
that the request be approved, to the Office of General Counsel for further
processing. If the applicant operator and the assistant director agree in
writing to waive a hearing, the Office of General Counsel shall proceed with
the preparation of an order approving the request based on the assistant director's
recommendation.
(5)
If the assistant director declines to recommend that the
Commission approve the request, the assistant director shall notify the applicant
operator in writing of the recommendation and the reason for it. The applicant
operator may withdraw the request for approval of direct assessment or other
assessment methodology or may file a written request for a hearing on the
matter within 10 calendar days of receiving notice of the assistant director's
written decision not to recommend that the Commission approve the request.
(e)
Hearings.
(1)
Within three days of receiving a request for a hearing,
the assistant director shall forward the file to the Office of General Counsel
for the setting of a hearing.
(2)
The Office of General Counsel shall assign a presiding
examiner to conduct a hearing.
(3)
The presiding examiner shall conduct the hearing in accordance
with the procedural requirements of Texas Government Code, Chapter 2001 (the
Administrative Procedure Act), and Chapter 1 of this title (relating to Practice
and Procedure).
(f)
Finding requirement. After a hearing, the Commission may
approve a request to use direct assessment or other assessment methodology
based on a finding or findings that use of such assessment methodology, as
compared to in-line inspection or pressure testing, will neither imperil nor
tend to imperil the health, safety or welfare of the general public and the
environment.
(g)
The Commission reserves its right to exercise its discretionary
powers to further investigate any request for approval of direct assessment
or other assessment methodology.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 11, 2003.
TRD-200301684
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Proposed date of adoption: May 27, 2003
For further information, please call: (512) 475-1295
Subchapter A. GENERAL REQUIREMENTS
16 TAC §9.1
The Railroad Commission of Texas proposes an amendment to §9.1,
relating to Application of Rules, Severability, and Retroactivity. Specifically,
the Commission proposes new subsections (f) and (g) to exclude original equipment
manufacturers (OEM) of vehicles and fuel supply containers from the requirements
of 16 TAC Chapter 9,
LP-Gas Safety Rules
,
except for §9.203, relating to School Bus, Public Transportation, Mass
Transit, and Special Transit Vehicle Installations and Inspections, and §9.403,
relating to Sections in NFPA 58 Not Adopted by Reference, and Adopted with
Changes, Additional Requirements, or Corrections.
Texas Natural Resources Code, §113.011, provides that the Commission
shall administer and enforce the laws of Texas and the rules and standards
of the Commission relating to liquefied petroleum gas (LP-gas). Texas Natural
Resources Code, §113.051, provides that the Commission shall promulgate
and adopt rules or standards or both relating to any and all aspects or phases
of the liquefied petroleum gas industry that will protect or tend to protect
the health, welfare, and safety of the general public.
Recently, it has become more difficult for original equipment manufacturers
of vehicles and fuel supply containers that use LP- gas doing business in
Texas to make, manufacture, and market vehicles and fuel supply containers
nationally due to differences in state rules and regulations. Vehicles and
fuel supply containers using LP-gas comprise a small percent of the market
for vehicles and fuel supply containers. Differing state requirements increase
costs associated with making, manufacturing, and marketing these vehicles
and fuel supply containers across the country. Current national standards,
which have been adopted by the Commission, impose safety standards and specifications
on vehicles and fuel supply containers that insure a high degree of safety
to the public health, safety, and welfare. Therefore, the Commission has determined
that it is in the public interest to exclude original equipment manufacturers
of vehicles and fuel supply containers from Commission safety rules that deviate
from national safety standards and that do not marginally increase public
safety in order to remove regulatory burdens that increase the cost of making,
manufacturing, and marketing vehicles and fuel supply containers using LP-gas.
Proposed new subsection (f) excludes vehicles and fuel supply containers
that meet certain requirements from the provisions of Chapter 9. Specifically,
vehicles and fuel supply containers that have been manufactured or installed
by an original equipment manufacturer, that comply with Title 49, Code of
Federal Regulations, the Federal Motor Vehicle Safety Standards, and that
comply with the National Fire Protection Association (NFPA) Code 58,
Under proposed new subsection (g), even though a vehicle complies with
NFPA 58 standards, the Commission will still require that vehicle to be equipped
with a fixed liquid level gauge and the gauge must be used when filling the
fuel supply container.
Byron Caffey, assistant director, Gas Services Division, LP- Gas Safety
Section, has determined that for each year of the first five years the proposed
amendments are in effect there will be no fiscal implications for state or
local governments as a result of enforcing or administering the amendments.
Mr. Caffey has also determined that the public benefit anticipated as a
result of the amendments will be the increased availability of vehicles and
fuel supply containers using LP-gas and decreased regulatory costs associated
with making, manufacturing, and marketing these vehicles and fuel supply containers.
The Commission finds that allowing original equipment manufacturers to manufacture
and install vehicles and fuel supply containers pursuant to national uniform
safety standards achieves a reasonable balance between the public interest
in having vehicles and fuel supply containers that use LP-gas, an environmentally-beneficial
fuel, widely and continuously available and at lower costs and the public
interest in having vehicles and fuel supply containers comply with Texas'
unique comprehensive safety standards. The Commission finds that OEM compliance
with national comprehensive safety standards will protect the health, safety,
and welfare of Texas residents.
Pursuant to Texas Government Code, §2006.002(c), the Commission cannot
determine the cost for individual, small business, or micro-business original
equipment manufacturers because the proposed amendments allowing the exception
for manufacturing vehicles and fuel supply containers are voluntary, not mandatory.
The Commission assumes that there are original equipment manufacturers of
vehicles and fuel supply containers that meet the definitions of "micro-business"
and "small business" set forth in Texas Government Code, §2006.001(1)
and (2), respectively; however, the Commission does not have data showing
the expense for each employee, the expense for each hour of labor, or the
total sales revenue for any original equipment manufacturer. In addition,
the costs for any particular original equipment manufacturer will vary based
on that manufacturer's situation. Therefore, the Commission is not able to
determine the exact cost of compliance based on the cost for each employee,
the cost for each hour of labor, or the cost for each $100 of sales pursuant
to Texas Government Code, §2006.002(c). Thus, pursuant to Texas Government
Code, §2006.002, the Commission finds that, considering the purpose of
Texas Natural Resources Code, Chapter 113, it is not feasible to reduce any
adverse effect the proposed amendments could have on individuals, small businesses,
or micro-businesses.
Comments on the proposal may be submitted to Rules Coordinator, Office
of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin,
Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform.html; or
by electronic mail to rulescoordinator@rrc.state.tx.us. The Commission will
accept comments for 60 days after publication in the
Texas Register
; comments should refer to LP-Gas Docket No. 1721. For
further information, call Mr. Caffey at (512) 463-5762. The status of Commission
rulemakings in progress is available at ww.rrc.state.tx.us/rules/proposed.html.
The amendments are proposed under the Texas Natural Resources
Code, §113.051, which authorizes the Commission to adopt rules relating
to any and all aspects or phases of the LP-gas industry that will protect
or tend to protect the health, welfare, and safety of the general public,
and §113.052, which authorizes the Commission to adopt by reference,
in whole or in part, the published codes of the National Fire Protection Association
as standards to be met in the design, construction, fabrication, assembly,
installation, use, and maintenance of containers, tanks, appliances, systems,
and equipment for the transportation, storage, delivery, use, and consumption
of LP-gas or any one or more of these purposes.
Cross-reference to statute: Texas Natural Resources Code, Chapter 113.
Issued in Austin, Texas on March 11, 2003.
§9.1.Application of Rules, Severability, and Retroactivity.
(a)
The
LP-Gas Safety Rules
apply
to the location and operation of liquefied petroleum gas systems, equipment,
and appliances. These standards also apply to truck and railcar loading racks,
but do not apply to marine terminals, natural gasoline plants, refineries,
tank farms, gas manufacturing plants, plants engaged in processing liquefied
petroleum gases, or to railcar loading racks used in connection with these
excluded establishments.
(1)
Subchapter A, General Requirements, applies to various
types of LP-gas activities, including licensing, examination, and training
requirements.
(2)
Subchapter B, Stationary Installations and Container Requirements,
applies to proposed and existing stationary LP-gas installations and containers,
including cylinder exchange racks.
(3)
Subchapter C, Vehicles and Vehicle Dispensers, applies
to transports and bobtails that deliver LP-gas, and school buses and other
vehicles that are powered by LP-gas.
(4)
Subchapter D, Adoption by Reference of NFPA 54 (
(5)
Subchapter E, Adoption by Reference of NFPA 58 (
LP-Gas Code
), applies to the adoption by reference of NFPA 58 and specifies
additional or alternative requirements from those found in NFPA 58.
(6)
Subchapter F, Adoption by Reference of NFPA 51 (
(b)
[
(c)
Nothing in these rules shall be construed as requiring,
allowing, or approving the unlicensed practice of engineering or any other
professional occupation requiring licensure.
(d)
Unless otherwise stated, the
LP-Gas Safety Rules
are not retroactive.
(e)
As stated in Texas Natural Resources Code, Chapter 113,
any LP-gas container with a water capacity of one gallon or less, or any LP-gas
piping system, or appliance attached or connected to such a container is exempt
from the
LP-Gas Safety Rules
, including any
adopted NFPA pamphlets. For the purpose of consistency, the figure of 4.20
lb is used to determine the weight of one gallon of LP-gas. The omission of
a specific NFPA 58 pamphlet or any other NFPA rule containing any such applicable
language from Table 1 of §9.403 of this title (relating to Sections in
NFPA 58 Not Adopted by Reference, and Adopted With Changes, Additional Requirements,
or Corrections) is inadvertent and shall not be read or understood as requiring
or allowing any such size of LP-gas container to comply with the adopted LP-gas
safety rule requirements.
(f)
This chapter shall not apply
to vehicles and fuel supply containers that:
(1)
are manufactured or installed by original equipment
manufacturers;
(2)
comply with Title 49, Code of Federal Regulations,
the Federal Motor Vehicle Safety Standards; and
(3)
comply with the National Fire Protection Association
(NFPA) Code 58,
Liquefied Petroleum Gas Code.
(g)
Vehicles and fuel supply containers
excluded from the requirements of this chapter pursuant to subsection (f)
of this section shall comply with the requirements of §9.203 of this
title, relating to School Bus, Public Transportation, Mass Transit, and Special
Transit Vehicle Installations and Inspections, and the Commission's exception
to NFPA 58 §8- 2.3.1(k) in Table 1 in §9.403(a), relating to Sections
in NFPA 58 Not Adopted by Reference, and Adopted with Changes, Additional
Requirements, or Corrections.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 11, 2003.
TRD-200301688
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Proposed date of adoption: May 27, 2003
For further information, please call: (512) 475-1295
16 TAC §9.10
The Railroad Commission of Texas proposes amendments to §9.10,
relating to Rules Examination. The purpose of the proposed amendments is to
establish requirements for notifying individuals taking any LP-gas examination
of the results of that examination as required by Senate Bill (SB) 310, 77th
Legislature (2001), as codified at Texas Natural Resources Code, §113.087(i)-(k).
The proposed amendment to §9.10(c) mandates that the Commission must
notify an individual within 30 days of the date an individual takes an examination
of the results of the examination. Proposed new §9.10(c)(1) provides
that if an examination is graded or reviewed by a testing service, the Commission
shall notify the individual of the examination results within 14 days of the
date the Commission receives the results from the testing service. Subsection
(c)(1) further provides that if the notice of the examination results will
be delayed for longer than 90 days after the examination date, the Commission
shall notify the individual of the reason for the delay before the 90th day.
Subsection (c)(1) further provides that the Commission may require a testing
service to notify an individual of the individual's examination results. Proposed
new §9.10(c)(2) mandates that successful completion of a required examination
is credited to and accrues to the individual who took the exam. Subsection
(d), currently designated as subsection (c), includes new wording to require
that the Commission, upon written request of an individual failing an examination,
shall provide that individual with an analysis of the individual's performance
on that examination.
Byron Caffey, assistant director, Gas Services Division, LP- Gas Section,
has determined that for each year of the first five years the proposed amendments
will be in effect, there will be no fiscal implications for state or local
governments as a result of enforcing or administering the amendments. The
Commission does not anticipate incurring any additional costs as a result
of complying with the amendments because the Commission currently notifies
applicants of exam results by letter and would continue this procedure under
the proposed amendments.
Mr. Caffey has also determined that for each year of the first five years
the new section is proposed to be in effect, the public benefit will be improvement
in safety and clarification of the Commission's requirements for LP-gas related
examinations.
Pursuant to Texas Government Code, §2006.002(c), the Commission cannot
determine the cost for individual, small business, or micro-businesses taking
the Commission examinations because the costs associated with compliance will
vary depending on the different situations and choices made by each examinee.
The Commission assumes that there are examinees that meet the definitions
of "micro-business" and "small business" set forth in Texas Government Code, §2006.001(1)
and (2), respectively; however, the Commission does not have data showing
the expense for each employee, the expense for each hour of labor, or the
total sales revenue for any examinees. In addition, the costs for any particular
examinee will vary based on that examinee's situation. Therefore, the Commission
is not able to determine the exact cost of compliance based on the cost for
each employee, the cost for each hour of labor, or the cost for each $100
of sales pursuant to Texas Government Code, §2006.002(c). Thus, pursuant
to Texas Government Code, §2006.002, the Commission finds that, considering
the purpose of Texas Natural Resources Code, Chapter 113, it is not feasible
to reduce any adverse effect the proposed new rule could have on individuals,
small businesses, or micro-businesses.
Comments on the proposal may be submitted to Rules Coordinator, Office
of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin,
Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform.html; or
by electronic mail to rulescoordinator@rrc.state.tx.us. The Commission will
accept comments for 30 days after publication in the
Texas Register
and should refer to LP-Gas Docket No. 1734. The Commission
encourages all interested persons to submit comments no later than the deadline.
The Commission cannot guarantee that comments submitted after the deadline
will be considered. For further information, call Mr. Caffey at (512) 463-5762.
The status of Commission rulemakings in progress is available at www.rrc.state.tx.us/rules/proposed.html.
The amendments are proposed under the Texas Natural Resources
Code, §113.051, which authorizes the Commission to adopt rules relating
to any and all aspects or phases of the LP-gas industry that will protect
or tend to protect the health, welfare, and safety of the general public,
and §113.087(i)-(k), as added by Section 57, SB 310, 77th Legislature
(2001), which mandates the Commission to notify individuals taking an examination
within 30 days, notify individuals by the 90th day of the reason for delay
in furnishing exam results, and furnish a performance analysis upon written
request.
Cross reference to statute: Texas Natural Resources Code, Chapter 113, §§113.051
and 113.087(i)-(k), as added by SB 310, 77th Legislature (2001).
Issued in Austin, Texas on March 11, 2003.
§9.10.Rules Examination.
(a)-(b)
(No change.)
(c)
Within 30 days of the date
an individual takes an examination, the Commission shall notify the individual
of the results of the examination.
(1)
If the examination is graded or reviewed by
a testing service, the Commission shall notify the individual of the examination
results within 14 days of the date the Commission receives the results from
the testing service. If the notice of the examination results will be delayed
for longer than 90 days after the examination date, the Commission shall notify
the individual of the reason for the delay before the 90th day. The Commission
may require a testing service to notify an individual of the individual's
examination results.
(2)
Successful completion of any required examination
shall be credited to and accrue to the individual.
(d)
[
(1)
Any individual who fails an examination administered by
the Commission only at the Austin location may retake the same examination
only one additional time during a business day. Any subsequent examination
shall be taken on another business day, unless approved by the assistant director.
(2)
Any individual who fails an examination administered at
a location other than the Austin location shall reapply to the Austin office
for a new admittance letter.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on March 11, 2003.
TRD-200301690
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: April 27, 2003
For further information, please call: (512) 475-1295
Subchapter A. SCOPE AND DEFINITIONS
16 TAC §13.1
The Railroad Commission of Texas proposes an amendment to §13.1,
relating to Scope. Specifically, the Commission proposes new subsections (c)
and (d) to exclude original equipment manufacturers (OEM) of compressed natural
gas (CNG) vehicles and fuel supply containers from the requirements of 16
TAC Chapter 13, Subchapters A, B, C, D, E, and F, except for §13.24,
relating to Filings Required for School Bus, Mass Transit, and Special Transit
Installations. The Commission also proposes amendments to subsection (b) to
reflect a change in statutory language under Texas Natural Resources Code, §116.002.
Texas Natural Resources Code, §116.011, provides that the Commission
shall administer and enforce the rules and standards under Chapter 116 of
the Natural Resources Code relating to compressed natural gas and liquefied
natural gas. Texas Natural Resources Code, §116.012, provides that to
protect the health, safety, and welfare of the general public, the Commission
shall adopt necessary rules and standards relating to the work of compression
and liquefaction, storage, sale or dispensing, transfer and transportation,
use or consumption, and disposal of compressed natural gas or liquefied natural
gas. Texas Natural Resources Code, §116.013, provides that the Commission
may adopt by reference all or part of the published codes of nationally recognized
societies as standards to be met in the design, construction, fabrication,
assembly, installation, use, and maintenance of CNG or LNG components and
equipment.
Recently, it has become more difficult for original equipment manufacturers
of vehicles and fuel supply containers that use CNG doing business in Texas
to make, manufacture, and market vehicles and fuel supply containers nationally
due to differences in state rules and regulations. Vehicles and fuel supply
containers using compressed natural gas comprise a small percent of the market
for vehicles and fuel supply containers. Differing state requirements increase
costs associated with making, manufacturing, and marketing these vehicles
and fuel supply containers across the country. Current national standards,
which have been adopted by the Commission, impose standards and specifications
on vehicles and fuel supply containers that insure a high degree of safety
to the public health, safety, and welfare. Therefore, the Commission has determined
that it is in the public interest to exclude original equipment manufacturers
of vehicles and fuel supply containers from Commission safety rules that deviate
from national safety standards and that do not marginally increase public
safety in order to remove regulatory burdens that increase the cost of making,
manufacturing, and marketing vehicles and fuel supply containers using compressed
natural gas.
Proposed new §13.1(c) excludes CNG vehicles and fuel supply containers
that meet certain requirements from the provisions of Chapter 13, Subchapters
A, B, C, D, E, and F. Specifically, CNG vehicles and fuel supply containers
that have been manufactured or installed by an original equipment manufacturer,
that comply with Title 49, Code of Federal Regulations, the Federal Motor
Vehicle Safety Standards, and that comply with the National Fire Protection
Association (NFPA) Code 52,
Compressed Natural Gas
(CNG) Vehicular Systems Code
, are excluded from the requirements of
Chapter 13, except as specified in proposed new subsection (d). Proposed new
subsection (d) mandates that CNG vehicles and fuel supply containers excluded
pursuant to §13.1(c) must still comply with the requirements of §13.24,
relating to Filings Required for School Bus, Mass Transit, and Special Transit
Installations.
Byron Caffey, Assistant Director, Gas Services Division, LP-Gas Safety
Section, has determined that for each year of the first five years the proposed
amendments are in effect there will be no fiscal implications for state or
local governments as a result of enforcing or administering the amendments.
Mr. Caffey has also determined that the public benefit anticipated as a
result of the amendments will be the increased availability of vehicles and
fuel supply containers using compressed natural gas and decreased regulatory
costs associated with making, manufacturing, and marketing these vehicles
and fuel supply containers. The Commission finds that allowing original equipment
manufacturers of vehicles and fuel supply containers to manufacture and install
vehicles and fuel supply containers pursuant to uniform national safety standards
achieves a reasonable balance between the public interest in having vehicles
and fuel supply containers that use compressed natural gas, an environmentally-beneficial
fuel, widely and continuously available and at lower costs and the public
interest in having vehicles and fuel supply containers comply with Texas'
unique comprehensive safety standards. The Commission finds that OEM compliance
with national comprehensive safety standards will protect the health, safety,
and welfare of Texas residents.
Pursuant to Texas Government Code, §2006.002(c), the Commission cannot
determine the cost for individual, small business, or micro-business original
equipment manufacturers because the proposed amendments allowing the exceptions
for manufacturing vehicles and fuel supply containers are voluntary. The Commission
assumes that there are original equipment manufacturers of vehicles and fuel
supply containers that meet the definitions of "micro-business" and "small
business" set forth in Texas Government Code, §2006.001(1) and (2), respectively;
however, the Commission does not have data showing the expense for each employee,
the expense for each hour of labor, or the total sales revenue for any original
equipment manufacturer. In addition, the costs for any particular original
equipment manufacturer will vary based on that manufacturer's situation. Therefore,
the Commission is not able to determine the exact cost of compliance based
on the cost for each employee, the cost for each hour of labor, or the cost
for each $100 of sales pursuant to Texas Government Code, §2006.002(c).
Thus, pursuant to Texas Government Code, §2006.002, the Commission finds
that, considering the purpose of Texas Natural Resources Code, Chapter 116,
it is not feasible to reduce any adverse effect the proposed amendments could
have on individuals, small businesses, or micro-businesses.
Comments on the proposal may be submitted to Rules Coordinator, Office
of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin,
Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform.html; or
by electronic mail to rulescoordinator@rrc.state.tx.us. The Commission will
accept comments for 60 days after publication in the
Texas Register
; comments should refer to LP-Gas Docket No. 1721. For
further information, call Mr. Caffey at (512) 463-5762. The status of Commission
rulemakings in progress is available at ww.rrc.state.tx.us/rules/proposed.html.
The amendments are proposed under the Texas Natural Resources
Code, §116.012, which authorizes the Commission to adopt rules and standards
relating to the work of compression and liquefaction, storage, sale or dispensing,
transfer or transportation, use or consumption, and disposal of compressed
natural gas or liquefied natural gas, and §116.013, which authorizes
the Commission to adopt by reference, in whole or in part the published codes
of nationally recognized societies as standards to be met in the design, construction,
fabrication, assembly, installation, use, and maintenance of CNG or LNG components
and equipment.
Cross-reference to statute: Texas Natural Resources Code, Chapter 116.
Issued in Austin, Texas on March 11, 2003.
§13.1.Scope.
(a)
This chapter applies to the design and installation of
compressed natural gas (CNG) engine fuel systems on vehicles of all types;
CNG systems used for compression, storage, sale, transportation, delivery,
or distribution of CNG for any purpose; and all CNG mobile fuel systems.
(b)
This chapter
shall
[
(1)
the production, transportation, storage, sale, or distribution
of natural gas that is subject to
Commission jurisdiction under Subtitle
A or B, Title 3, Texas Utilities Code
[
(2)
pipelines, fixtures, equipment, or facilities to the extent
that they are subject to the safety regulations promulgated and enforced by
the Railroad Commission of Texas pursuant to Natural Resources Code, Chapter
117, or
Subchapter E, Chapter 121, Texas Utilities Code
[
(3)
the design and installation of any CNG system in ships,
barges, sailboats, or other types of watercraft. Such installation is subject
to the American Board and Yacht Council (ABYC) and any other applicable standards.
(c)
Subchapters A, B, C, D, E, and F of this
chapter shall not apply to vehicles and fuel supply containers that:
(1)
are manufactured or installed by original equipment manufacturers;
(2)
comply with Title 49, Code of Federal Regulations, the
Federal Motor Vehicle Safety Standards; and
(3)
comply with the National Fire Protection Association (NFPA)
Code 52,
Compressed Natural Gas (CNG) Vehicular Systems
Code
.
(d)
Vehicles and fuel supply containers excluded
from the requirements of subchapters A through F of this chapter pursuant
to subsection (c) of this section shall comply with the requirements of §13.24
of this title, relating to Filings Required for School Bus, Mass Transit,
and Special Transit Installations.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 11, 2003.
TRD-200301685
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Proposed date of adoption: May 27, 2003
For further information, please call: (512) 475-1295
16 TAC §13.70
The Railroad Commission of Texas proposes amendments to §13.70,
relating to Examination Requirements and Renewals. The purpose of the proposed
amendments is to establish requirements for notifying individuals taking any
CNG examination of the results of that examination as required by Senate Bill
(SB) 310, 77th Legislature (2001), as codified at Texas Natural Resources
Code, §116.034(d) - (g).
The proposed amendment to §13.70(a)(4) corrects the number of the
form that an individual must file in order to take the rules examination given
by the Commission. Proposed new §13.70(a)(5) mandates that the Commission
must notify an individual within 30 days of the date an individual takes an
examination of the results of the examination. Proposed new §13.70(a)(5)(A)
provides that if an examination is graded or reviewed by a testing service,
the Commission shall notify the individual of the examination results within
14 days of the date the Commission receives the results from the testing service.
Subsection (a)(5)(A) further provides that if the notice of the examination
results will be delayed for longer than 90 days after the examination date,
the Commission shall notify the individual of the reason for the delay before
the 90th day. Subsection (a)(5)(A) further provides that the Commission may
require a testing service to notify an individual of the individual's examination
results. Proposed §13.70(a)(5)(C), redesignated from current subsection
(a)(6), includes new wording to require that the Commission, upon written
request of an individual failing an examination, shall provide that individual
with an analysis of the individual's performance on that examination. Subsection
(a)(7) is proposed to be deleted because the Commission's examination is updated
periodically, rather than only once a year.
Byron Caffey, assistant director, Gas Services Division, LP- Gas Section,
has determined that for each year of the first five years the proposed amendment
will be in effect, there will be no fiscal implications for state or local
governments as a result of enforcing or administering the amendments. The
Commission does not anticipate incurring any additional costs as a result
of complying with the amendments because the Commission currently notifies
applicants of exam results by letter and would continue this procedure under
the proposed amendments.
Mr. Caffey has also determined that for each year of the first five years
the amendments are proposed to be in effect, the public benefit will be improvement
in safety and clarification of the Commission's requirements for CNG related
examinations.
Pursuant to Texas Government Code, §2006.002(c), the Commission cannot
determine the cost for individual, small business, or micro-businesses taking
the Commission examinations because the costs associated with compliance will
vary depending on the different situations and choices made by each examinee.
The Commission assumes that there are examinees that meet the definitions
of "micro-business" and "small business" set forth in Texas Government Code, §2006.001(1)
and (2), respectively; however, the Commission does not have data showing
the expense for each employee, the expense for each hour of labor, or the
total sales revenue for any examinees. In addition, the costs for any particular
examinee will vary based on that examinee's situation. Therefore, the Commission
is not able to determine the exact cost of compliance based on the cost for
each employee, the cost for each hour of labor, or the cost for each $100
of sales pursuant to Texas Government Code, §2006.002(c). Thus, pursuant
to Texas Government Code, §2006.002, the Commission finds that, considering
the purpose of Texas Natural Resources Code, Chapter 116, it is not feasible
to reduce any adverse effect the proposed new rule could have on individuals,
small businesses, or micro-businesses.
Comments on the proposal may be submitted to Rules Coordinator, Office
of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin,
Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform.html; or
by electronic mail to rulescoordinator@rrc.state.tx.us. The Commission will
accept comments for 30 days after publication in the
Texas Register
and should refer to LP-Gas Docket No. 1734. The Commission
encourages all interested persons to submit comments no later than the deadline.
The Commission cannot guarantee that comments submitted after the deadline
will be considered. For further information, call Mr. Caffey at (512) 463-5762.
The status of Commission rulemakings in progress is available at www.rrc.state.tx.us/rules/proposed.html.
The amendments are proposed under the Texas Natural Resources
Code, §§116.012, which authorizes the Commission to adopt rules
and standards relating to the work of compression and liquefaction, storage,
sale or dispensing, transfer or transportation, use or consumption, and disposal
of compressed natural gas or liquefied natural gas, and §116.034(d)-(g),
as added by Section 57, SB 310, 77th Legislature (2001), which mandates the
Commission to notify individuals taking an examination within 30 days, notify
individuals by the 90th day of the reason for delay in furnishing exam results,
and furnish a performance analysis upon written request.
Cross reference to statute: Texas Natural Resources Code, Chapter 116, §§116.012
and 116.034(d)-(g), as added by SB 310, 77th Legislature (2001).
Issued in Austin, Texas on March 11, 2003.
§13.70.Examination Requirements and Renewals.
(a)
Examination general provisions.
(1)-(3)
(No change.)
(4)
An individual who has filed CNG Form
1016
[
(5)
Within 30 days of the date an individual
takes an examination, the Commission shall notify the individual of the results
of the examination.
(A)
If the examination is graded or reviewed
by a testing service, the Commission shall notify the individual of the examination
results within 14 days of the date the Commission receives the results from
the testing service. If the notice of the examination results will be delayed
for longer than 90 days after the examination date, the Commission shall notify
the individual of the reason for the delay before the 90th day. The Commission
may require a testing service to notify an individual of the individual's
examination results.
(B)
[
(C)
[
[
(b)-(e)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 11, 2003.
TRD-200301689
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: April 27, 2003
For further information, please call: (512) 475-1295
16 TAC §13.2004
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Railroad Commission of Texas or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Railroad Commission of Texas proposes the repeal
of §13.2004, relating to Applicability, Severability, and Retroactivity.
The proposed repeal is in conjunction with a separate but concurrent proposal
for a new §14.2004, with the same title, to be in new 16 TAC Chapter
14 entitled Regulations for Liquefied Natural Gas. This proposed repeal is
for the purpose of renumbering this rule to move it to Chapter 14 and to add
some new language to exclude original equipment manufacturers (OEM) of liquefied
natural gas (LNG) vehicles and fuel supply containers from the requirements
of 16 TAC Chapter 14, to be entitled Regulations for Liquefied Natural Gas
(LNG), except for §14.2046, relating to Filing Required for School Bus,
Mass Transit and Special Transit Vehicles. In the separate rulemaking, existing §13.2046
is proposed for repeal with new §14.2046 proposed in its place as part
of the move of the LNG rules out of Chapter 13 and into Chapter 14.
Byron Caffey, Assistant Director, Gas Services Division, LP-Gas Safety
Section, has determined that for each year of the first five years the proposed
repeal is in effect there will be no fiscal implications for state or local
governments as a result of enforcing or administering the repeal because the
rule will continue to exist in a different chapter. There is no anticipated
economic cost of compliance associated with the repeal.
Mr. Caffey has also determined that the public benefit anticipated as a
result of the repeal will be better organized Commission rules regarding LNG,
which will be moved into a separate chapter instead of grouped with the CNG
rules also found in 16 TAC Chapter 13.
Comments on the proposal may be submitted to Rules Coordinator, Office
of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin,
Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform.html; or
by electronic mail to rulescoordinator@rrc.state.tx.us. The Commission will
accept comments for 60 days after publication in the
Texas Register
; comments should refer to LP-Gas Docket No. 1721. For
further information, call Mr. Caffey at (512) 463-5762. The status of Commission
rulemakings in progress is available at www.rrc.state.tx.us/rules/proposed.html.
The repeal is proposed under the Texas Natural Resources Code, §116.012,
which authorizes the Commission to adopt rules and standards relating to the
work of compression and liquefaction, storage, sale or dispensing, transfer
or transportation, use or consumption, and disposal of compressed natural
gas or liquefied natural gas, and §116.013, which authorizes the Commission
to adopt by reference, in whole or in part the published codes of nationally
recognized societies as standards to be met in the design, construction, fabrication,
assembly, installation, use, and maintenance of CNG or LNG components and
equipment.
Cross-reference to statute: Texas Natural Resources Code, Chapter 116.
Issued in Austin, Texas on March 11, 2003.
§13.2004.Applicability, Severability, and Retroactivity.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on March 11, 2003.
TRD-200301687
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Proposed date of adoption: May 27, 2003
For further information, please call: (512) 475-1295
Subchapter A. GENERAL APPLICABILITY AND REQUIREMENTS
Operators
] shall give immediate notice of a fire, leak,
spill,
break,
or
release into the environment
[
break
] to the appropriate commission district office by telephone [
or telegraph
]. Such notice shall be followed by a
written report
[
letter
] giving the full description of the event,
including
[
and it shall include
] the volume of crude oil,
gas, geothermal resources, other well liquids, or associated products lost.
(2)
] All operators of any oil wells,
gas wells, geothermal wells, pipelines receiving tanks, storage tanks, or
receiving and storage receptacles into which crude oil, gas, or geothermal
resources are produced, received, stored, or through which oil, gas, or geothermal
resources are piped or transported, shall immediately notify the commission
by
written report
[
letter
], giving full details concerning
all fires which occur at oil wells, gas wells, geothermal wells, tanks, or
receptacles owned, operated, or controlled by them or on their property, and
all such persons shall immediately report
in writing
all tanks
or receptacles struck by lightning and any other fire which destroys crude
oil, natural gas, or geothermal resources, or any of them, and shall immediately
report
in writing
[
by letter
] any breaks or leaks in
or from tanks or other receptacles and pipelines from which oil, gas, or geothermal
resources are escaping or have escaped. In all such reports of fires, breaks,
leaks, or escapes, or other accidents of this nature, the location of the
well, tank, receptacle, or line break shall be given by county, survey, and
property, so that the exact location thereof can be readily located on the
ground. Such report shall likewise specify what steps have been taken or are
in progress to remedy the situation reported and shall detail the quantity
(estimated, if no accurate measurement can be obtained, in which case the
report shall show that the same is an estimate) of oil, gas, or geothermal
resources, lost, destroyed, or permitted to escape. In case any tank or receptacle
is permitted to run over, the escape thus occurring shall be reported as in
the case of a leak. (Reference Order Number 20-60,399, effective 9-24-70.)
hereby
] required
by this section
as to oil losses shall be necessary only in case such
oil loss exceeds five barrels in the aggregate.
Chapter 8.
PIPELINE SAFETY REGULATIONS
hearing and
] approval
by the Commission, or
hearing and
] approval by the Commission.
Chapter 9.
LP-GAS SAFETY RULES
Severability.
] If any term, clause, or provision
of these rules is for any reason declared invalid, the remainder of the provisions
shall remain in full force and effect, and shall in no way be affected, impaired,
or invalidated.
(c)
] Failure of any examination
shall immediately disqualify the individual from performing any LP-gas related
activities covered by the examination which is failed, except for activities
covered by a separate examination which the individual has passed.
If
requested in writing by an individual who failed the examination, the Commission
shall furnish the individual with an analysis of the individual's performance
on the examination.
Chapter 13.
REGULATIONS FOR COMPRESSED NATURAL GAS (CNG) AND LIQUEFIED NATURAL GAS (LNG)
does
] not apply
to:
the jurisdiction of the
Railroad Commission of Texas under the Gas Utility Regulatory Act (Texas Civil
Statutes, Article 1446e) or the Cox law (Title 102, Revised Statutes)
];
Texas Civil Statutes, Article 6053-1
]; or
Subchapter C. CLASSIFICATION, REGISTRATION, AND EXAMINATION
1015
] and the applicable nonrefundable examination fee may take the
rules examination at the Commission's Austin office between the hours of 8:00
a.m. and 2:00 p.m., Monday through Friday, except for state holidays, and
at other designated times and locations around the state. Applicants who wish
to take the rules examination at sites other than the Austin office shall
submit CNG Form
1016
[
1015
] and the applicable fee to
the Commission's Austin office at least three business days prior to the examination
date in order to receive an admittance letter from the Commission. The admittance
letter shall be required at all exam sites other than the Austin office.
(5)
] Successful completion of any
required examination shall be credited to and accrue to the individual.
(6)
] Failure of any examination
shall immediately disqualify the individual from performing any CNG related
activities covered by the examination which is failed. Any person who fails
an examination administered by the Commission may not re-take that examination
for a period of at least 24 hours.
If requested in writing by an individual
who failed the examination, the Commission shall furnish the individual with
an analysis of the individual's performance on the examination.
(7)
Dates and locations of examinations
shall be listed in a schedule made annually by the Commission. The schedule
shall be prepared no later than November 15th of each year. The Commission
shall post the schedule in its Austin office and make a copy of it available
to anyone who requests it.]
Subchapter G. GENERAL APPLICABILITY AND REQUIREMENTS
Chapter 14.
REGULATIONS FOR LIQUEFIED NATURAL GAS (LNG)