EMERGENCY RULES An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas Chapter 3. Oil and Gas Division Conservation Rules and Regulations 16 TAC sec.3.36 The Railroad Commission of Texas adopts on an emergency basis an amendment to sec.3.36. The amendment shall be effective on October 10, 1994, for a period of 120 days. The commission finds that there exists an imminent peril to public safety or welfare as a result of intentional releases of hydrogen sulfide during production, transportation, and handling of hydrocarbon fluids. Intentional releases of hydrogen sulfide are not within the purview of the current rule; therefore, the safety benefits provided by contingency plans are not enjoyed by the public. The commission finds that unless the rule is amended to expressly bring intentional releases of hydrogen sulfide under the provisions of sec.3.36, the public will be subject to unreasonable risk of harm from exposure to hydrogen sulfide. The amendment will require that operators notify the commission and execute a contingency plan prior to an intentional release of a potentially hazardous volume of hydrogen sulfide. The commission adopts the amendment under the Texas Natural Resources Code, sec.sec.81.051, 81.052, 85.042, 85.202, 86.041, and 86.042, which authorizes the commission to adopt rules to govern and regulate persons and their operations to prevent injury to persons and property. sec.3.36. Oil, Gas, or Geothermal Resource Operation in Hydrogen Sulfide Areas. (a) Applicability. Each operator who conducts operations as described in paragraph (1) of this subsection shall be subject to this section and shall provide safeguards to protect the general public from the harmful effects of hydrogen sulfide. This section applies to both intentional and accidental releases of hydrogen sulfide. (1)-(2) (No change.) (b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1)-(9) (No change.) (10) Contingency plan-A written document that shall provide an organized plan of action for alerting and protecting the public within an area of exposure prior to an intentional release, or
    following the accidental release of a potentially hazardous volume of hydrogen sulfide. (11)-(12) (No change.) (c) General provisions. (1)-(7) (No change.) (8) Control and equipment safety provision: operators subject to this provision shall install safety devices and maintain them in an operable condition or shall establish safety procedures designed to prevent the undetected continuing escape of hydrogen sulfide. For intentional releases the gas must be flared unless permission to vent is obtained from the commission or its delegate. (9) Contingency plan provision. (A) (No change.) (B) The purpose of the contingency plan shall be to provide an organized plan of action for alerting and protecting the public prior to an intentional release, or
      following the accidental release of a potentially hazardous volume of hydrogen sulfide. (C) The contingency plan shall be activated prior to an intentional release, or
        immediately upon the detection of an accidental release of a potentially hazardous volume of hydrogen sulfide as such volume is defined by paragraph (7)(A)-(C) of this subsection. (D)-(M) (No change.) (N) The Railroad Commission District Office shall be notified if the contingency plan is activated as follows: (i) 48 hours in advance of an intentional release; (ii) immediately in the case of an accidental release. (O)-(Q) (No change.) (10)-(13) (No change.) (14) Accident notification. Operators shall immediately notify the appropriate railroad commission district office of any accidental release of hydrogen sulfide gas of sufficient volume to present a hazard and of any hydrogen sulfide related accident. [Such notification shall be followed by a written report which shall be sent to such district office within ten days of the incident.] (d) Reports required. (1)-(2) (No change.) (3) Releases of, and accidents related to, hydrogen sulfide. The operator shall furnish a written report to the district office within ten days of any accidental release of hydrogen sulfide gas of sufficient volume to present a hazard and of any hydrogen sulfide related accident. The district office may require the operator to submit a written report within ten days of any intentional release of hydrogen sulfide. (e) (No change.) Issued in Austin, Texas, on October 10, 1994. TRD-9449302 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: October 10, 1994 Expiration date: February 7, 1995 For further information, please call: (512) 463-7008