Part 1.
RAILROAD COMMISSION OF TEXAS
Chapter 1.
PRACTICE AND PROCEDURE
Subchapter I. PERMIT PROCESSING
16 TAC §1.201
The Railroad Commission of Texas proposes amendments to §1.201,
relating to Time Periods for Processing Applications and Issuing Permits Administratively.
The amendments to §1.201 are limited to conforming Table 1 in §1.201
with the substantive changes in §3.78 which the Commission is proposing
in a separate rulemaking, Docket No. 20-0228899, as a result of changes made
to the Texas Natural Resources Code by Senate Bill (SB) 310, 77th Legislature
(2001). The proposed amendments to §3.78 were submitted for publication
in the August 10, 2001, issue of the
Texas Register
for a 30-day comment period.
Section 3 of SB 310 amended Texas Natural Resources Code, §81.0521,
to authorize the Commission to collect a fee of $150 with each exception to
any Commission rule. Section 17 of SB 310 amended Texas Natural Resources
Code, §91.1013, to authorize the Commission to collect a fee of $200
with each application for a fluid injection well permit and a fee of $300
for each application to discharge to surface water. The Commission is proposing
to amend Table 1 in §1.201 only to identify the new amount of the filing
fee required for the specific applications subject to the provisions of §1.201.
The Commission is not proposing any other changes to §1.201.
In Table 1 of §1.201, application fees for permits under Commission
rule §3.8 to discharge hydrostatic test water; produced water to inland
waters; produced water to the Gulf of Mexico from a non-land based facility;
and gas plant effluent will increase from the current $200 to $300. The application
fee for an exception under §3.9 for a disposal well permit (Form W- 14)
will increase from the current $50 to $150. The application fee for a density
exception under §3.38 will increase from the current $50 to $150, unless
the need for an exception is identified through a Commission review of an
application for a drilling permit, in which event the fee for the exception
will be $200. Application fees for injection permits under §3.46 (Forms
H-1, H-1A, H-7, and H-1S) will change from the current $100 to $200; fees
for exceptions will increase from the current $50 to $150.
Mary Ross McDonald, Deputy General Counsel, Office of General Counsel,
has determined that for each year of the first five years that the conforming
amendments to §1.201 will be in effect, there will be no fiscal implications
for state or local governments as a result of enforcing or administering the
amended rule. The proposed changes to §1.201 are being made for administrative
convenience and to ensure consistency between Commission rules concerning
application fees which are imposed under §3.78.
Ms. McDonald has also estimated that there will be no increased cost of
compliance with the proposed amendments for the individual, small business
or micro-business producer because of the proposed amendments. The imposition
of the increase in Commission filing fees is being made in §3.78 as a
result of the statutory changes made by SB 310.
Ms. McDonald has determined that for each year of the first five years
that the amended section will be in effect, the primary public benefit will
be the consistency of Commission rules with respect to application fees.
Comments on the proposed amendments may be submitted to Mary Ross McDonald,
Deputy General Counsel, Office of General Counsel, Railroad Commission of
Texas, P. O. Box 12967, Austin, Texas 78711-2967 or via electronic mail to
polly.mcdonald@rrc.state.tx.us. Comments will be accepted for 30 days after
publication in the
Texas Register
. For further
information, call Ms. McDonald at 512-463-7008.
The Commission proposes the amendments to §1.201 pursuant
to Subsection (b) of Texas Government Code, §2001.006 (
as added by Acts 1999, 76th leg., ch. 558, §1
); Texas Government
Code, §§2005.001-2005.007, which requires the Commission to adopt
procedural rules for processing permit applications and issuing permits and
to establish by rule a complaint procedure allowing permit applicants to complaint
directly to the chief administrator of the agency; Texas Government Code, §2001.004,
which requires agencies to adopt rules of practice stating the nature and
requirements of all available formal and informal procedures; 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 in Texas and the authority to adopt all necessary rules for
governing and regulating persons and their operations under the jurisdiction
of the Commission; and Texas Natural Resources Code, §§81.0521 and
91.1013, as amended by the provisions of Senate Bill 310, 77th Legislature
(2001).
Texas Government Code, §§2001.004 and 2005.001-2005.007, and
Texas Natural Resources Code, §§81.051, 81.052, 81.0521, 91.1013,
as amended by provisions of Senate Bill 310, 77th Legislature (2001), are
affected by the proposed amendments.
Issued in Austin, Texas on August 7, 2001.
§1.201.Time Periods for Processing Applications and Issuing Permits Administratively.
(a)
Applicability. This rule applies to the permits listed
in Column A of Table 1 of this section. For purposes of this rule, the term
"permit" includes any authorization issued administratively by the Commission,
through the Oil and Gas Division, the Gas Services Division, the Surface Mining
and Reclamation Division, or the Rail Division, and required by the Commission
either to engage in or conduct a specific activity or to deviate from requirements,
standards, or conditions in statutes or Commission rules and for which the
median processing time exceeds seven days.
Figure: 16 TAC §1.201(a)
(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 August 7, 2001.
TRD-200104500
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: September 23, 2001
For further information, please call: (512) 475-1295
The Railroad Commission of Texas proposes amendments to §§13.1-13.4,
13.22, 13.24, 13.25, 13.35, 13.36, 13.61, 13.69, 13.70, 13.71, 13.73, and
13.141 relating to Scope; Retroactivity; Definitions; CNG Forms; Odorization;
Filings Required for School Bus, Mass Transit, and Special Transit Installations;
Filings Required for Stationary CNG Installations; Application for an Exception
to a Safety Rule; Report of CNG Incident/Accident; Licenses, Related Fees,
and Licensing Requirements; Registration and Transfer of CNG Transports and
CNG Form 1004 Decal or Letter of Authority; Examination Requirements and Renewals;
Denial, Suspension, or Revocation of Licenses or Certifications and Hearings;
Other Fees for Employee Transfer and Decal Replacement; and System Testing.
The main purpose of the rulemaking is to update the rules based on changes
to the Commission's authorizing statutes made by Senate Bill (SB) 310, 77th
Legislature (2001). The statutory changes require corresponding amendments
to §13.61, relating to license and license renewal requirements. Proposed
amendments in §13.61(i)(1)-(3) reflect changes to the statute and require
the Commission to notify a licensee of the impending license expiration at
least 30 days before the date the person's license is scheduled to expire;
require a renewal fee of 1 1/2 or two times the renewal fee required in §13.61(b)(1)-(6)
if a person's license has been expired for 90 calendar days or fewer, or more
than 90 days, respectively; and change the time limit for license expiration,
suspension, or revocation from two years to one year. The amendment in §13.61(b)(3)
requires a person whose license has been expired for more than one year, changed
from two years, to comply with all requirements for issuance of a new license.
New §13.61(i)(4) exempts from reexamination for licensing a person who
was previously licensed in this state but who currently lives in another state
and is currently licensed and has been in practice in the other state for
the two years preceding the date of application, and requires the person to
pay a fee to the Commission that is equal to two times the renewal fee required
in §13.61(b).
The Commission proposes substantive amendments to some sections for reasons
other than legislative action. In particular, amendments to §13.3, relating
to definitions, include a new definition for "container," which is based on
industry standards; the deletion of definitions for "final approval" and "tentative
approval" and a new definition for "interim approval order" to clarify that
the Commission does not engage in professional engineering, discussed in more
detail in the next paragraph.
In §§13.3, 13.24, and 13.25, proposed amendments change language
that might be understood as referring to professional engineering activities.
These changes will also make the CNG rules as consistent as possible with
the Commission's LP-gas rules (16 TAC Chapter 9), particularly with regard
to Commission procedures, deadlines, and fees. The definitions for "final
approval" and "tentative approval" in §13.3 and the Commission review
of plans and specifications for stationary installations and CNG vehicles
in §§13.24 and 13.25 are proposed to be deleted. A new definition
for "interim approval order" is proposed to be added to §13.3 to address
a new procedure specified in §13.25(d). Also, new §13.24(d) allows
the Commission to assess an inspection fee in certain instances to cover its
costs for additional inspections.
Also, the Commission does not adopt any language referring to the practice
of engineering (such as "sound engineering practices" or "good engineering
practices," for example) and has clarified existing language that prohibits
the practice of engineering. In order to achieve this goal, wording such as
"plans and specifications" has been deleted to avoid any possible confusion.
Likewise, in §13.24, regarding school buses and other similar vehicles,
the Commission has deleted the submission of plans and specifications, but
has added a requirement for these types of vehicles to be inspected by Commission
personnel prior to being placed into CNG service in order to ensure compliance
with the Regulations for Compressed Natural Gas.
In §13.25, most amendments are proposed to make this rule consistent
with the similar LP-gas rule. Section 13.25(b) includes new language regarding
the submission of forms and other information (such as a plat drawing and
site plan) at least 30 days prior to construction of installations with aggregate
storage capacity in excess of 240 standard cubic feet water volume. In subsection
(h)(3), a one-year expiration date is added, as found in the corresponding
LP-gas rule; this will enable the Commission to keep its records current and
to close files for which no activity is occurring. New subsection (k) adds
the inspection fee for certain instances, as proposed in §13.24 for school
bus and other vehicle-type installations. All other amendments to §13.25
are nonsubstantive and are made for clarification and for consistency with
the corresponding LP- gas rules.
In addition to the proposed amendments previously discussed for §13.61,
existing language in subsections (b) and (j) is proposed to be deleted because
staggered licensing has been in place for several years and the explanation
for it is no longer needed.
Section 13.69 relates to registration of CNG transports and requires CNG
transports to be registered with the Commission and specifies the fees required
to be paid and forms to be filed with the Commission for these activities.
Proposed new subsection (c) clarifies that either a decal or a letter of authority
issued by the Commission shall serve to verify that a particular CNG transport
has been properly registered. Proposed new subsection (c)(3) allows small
amounts of CNG to be introduced into a container in certain instances.
Proposed amendments to §§13.1, 13.2, 13.4, 13.22, 13.35, 13.36,
13.70, 13.71, 13.73, and 13.141 are mostly nonsubstantive and will conform
the rules to current
Texas Register
formatting
requirements, update citations or references or other terms, specify in the
rules certain procedures in place at the Commission, or include other changes
in wording, punctuation, or organization to clarify the rules. Examples of
nonsubstantive amendments include changing "LP-Gas Division" to "LP-Gas Section"
or "Gas Services Division," as appropriate, and correcting statutory references.
While there are many amendments to §13.35, most do not change current
Commission procedure and are proposed to make this rule, which deals with
an administrative procedure, as clear as possible and consistent with the
corresponding LP-gas rule.
The proposed amendments to §13.70 are mostly nonsubstantive and are
made for clarification. New subsection (a)(4) allows applicants to take CNG
examinations at the Commission's district offices in certain cases, a practice
allowed in the LP-gas rules. One important change in subsection (b)(5) changes
the maximum time period for an expired general installers and repairman exemption
from two years to one year; the Commission proposes this amendment to be consistent
with the changes in §13.61 necessitated by SB 310.
The proposed amendment to §13.73 deletes subsection (b), which is
covered in new language added to §13.69(c)(5), and amends the title of §13.73
accordingly.
In a separate rulemaking, the Commission may consider moving the existing
liquefied natural gas (LNG) rules from Subchapters G through N in Chapter
13 to a new Chapter 14, to be titled Regulations for Liquefied Natural Gas
(LNG). The title of existing Chapter 13 would then be changed to refer only
to CNG.
Also in a concurrent proposal, the Commission proposes the rule review
for Chapter 13, Subchapters A through F, required under Tex. Gov't Code, Chapter
2001, §2001.039 (
as added by Acts 1999, 76th
Leg., ch. 1499, §1.11(a)
). The separate rule review documents
will be filed with the
Texas Register
concurrently
with this rulemaking.
Byron Caffey, Assistant Director, LP-Gas Section, Gas Services Division,
has determined that for each year of the first five years the proposed amendments
will be in effect, there will be fiscal implications for state government
as a result of enforcing or administering the sections. For state government,
these will involve the Commission publishing and distributing new rulebooks,
revising rules examinations, reprogramming various computer- generated reports
and data bases, and retraining staff, including field inspectors. These costs
cannot be calculated, but will be handled through the regular budget and duties
of the LP-Gas Section with nominal charges to licensees and the general public
for purchase of new Commission rulebooks (which currently cost $10).
There may be similar fiscal implications for local governments which rely
on Commission safety standards; these costs are neither predictable nor calculable,
but at a minimum will include purchase of new rulebooks and possibly retraining
inspection staff.
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 activities.
There is no anticipated economic cost to small businesses, micro-businesses,
and individuals required to comply with the amendments, unless those entities
wish to purchase a new CNG rulebook from the Commission; such costs will be
nominal.
Comments on the proposal may be submitted to Kellie Martinec, Rules Coordinator,
Office of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin,
Texas 78711-2967 or via email to kellie.martinec@rrc.state.tx.us. Comments
will be accepted for 30 days after publication in the
Texas Register
and should refer to LP-Gas Docket No. 1451. For more
information, call Mr. Caffey at (512) 463-6931.
Subchapter A. SCOPE AND DEFINITIONS
16 TAC §§13.1 - 13.4
The amendments are proposed under Texas Government Code, §2001.006
(
as added by Acts 1999, 76th Leg., Ch. 558, §1
); under Texas Natural Resources Code, §116.012, which authorizes
the Commission to adopt rules and standards relating to compressed natural
gas activities to protect the health, welfare, and safety of the general public;
and under Sections 54- 60, Senate Bill 310, 77th Legislature (2001).
Texas Natural Resources Code, Chapter 116, as amended by Sections 54-60,
Senate Bill 310, 77th Legislature (2001) is affected by the proposed amendments.
Issued in Austin, Texas on August 7, 2001.
§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
;
[
[
[
(b)
[
(1)
the production, transportation, storage, sale, or distribution
of natural gas that is subject 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); [
(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 Texas Civil Statutes, Article 6053-1
; or
[
(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.
§13.2.Retroactivity.
Unless otherwise stated, the regulations for the compressed natural
gas of the LP-Gas
Section, Gas Services
Division are not retroactive.
Any installation of a CNG system
shall
[
§13.3.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
ANSI--American National Standards Institute.
(2)
Approved--Authorized by the
Division or the Commission
[
(3)
ASME--American Society of Mechanical Engineers.
(4)
ASME Code--ASME Boiler and Pressure Vessel Code.
(5)
ASTM--American Standard Testing Material.
(6)
Automatic dispenser--A CNG dispenser which is operated
by a member of the general public and which requires transaction authorization.
(7)
Auxiliary engine--An engine which is mounted on a vehicle
but used for purposes other than propelling the vehicle.
(8)
Building--A structure with walls and a roof resulting in
the structure being totally enclosed.
(9)
Cascade storage system--Storage in multiple cylinders.
(10)
CNG--See "Compressed natural gas" in this section.
(11)
CNG cargo tank--A container
which complies with ASME or DOT specifications used to transport CNG for delivery.
(12)
[
(13)
[
(14)
[
(15)
[
(16)
[
[
(17)
Container--A pressure vessel
cylinder or cylinders permanently manifolded together used to store CNG.
(18)
[
(19)
[
(20)
[
(21)
[
(22)
[
[
(23)
Flexible metal hose--Metal hose made from continuous tubing
that is corrugated for flexibility and, if used for pressurized applications,
has an external wire braid.
(24)
Fuel supply cylinder--A cylinder mounted upon a vehicle
for storage of CNG as fuel supply to an internal combustion engine.
(25)
Interim approval order--The
authority issued by the Railroad Commission of Texas following a public hearing
allowing construction of a CNG installation.
(26)
[
(27)
[
(28)
[
(29)
[
(30)
[
(31)
[
(32)
[
(33)
[
(34)
[
(35)
[
(36)
[
(37)
[
(38)
[
(39)
[
(40)
[
(41)
[
(42)
[
(43)
[
(44)
[
(45)
[
(46)
[
(47)
[
[
(48)
Transport--Any vehicle or combination of vehicles and
CNG cylinders designed or adapted for use or used principally as a means of
moving or delivering CNG from one place to another, including but not limited
to any truck, trailer, semitrailer, cargo tank, or other vehicle used in the
distribution of CNG.
(49)
Ultimate consumer--The person controlling CNG immediately
prior to its ignition.
§13.4.CNG Forms.
Under the provisions of the Texas Natural Resources Code, Chapter 116,
the Railroad Commission of Texas has adopted [
(1) - (30)
(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 August 7, 2001.
TRD-200104503
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: September 23, 2001
For further information, please call: (512) 475-1295
16 TAC §§13.22, 13.24, 13.25, 13.35, 13.36
The amendments are proposed under Texas Government Code, §2001.006
(
as added by Acts 1999, 76th Leg., Ch. 558, §1
); under Texas Natural Resources Code, §116.012, which authorizes
the Commission to adopt rules and standards relating to compressed natural
gas activities to protect the health, welfare, and safety of the general public;
and under Sections 54- 60, Senate Bill 310, 77th Legislature (2001).
Texas Natural Resources Code, Chapter 116, as amended by Sections 54-60,
Senate Bill 310, 77th Legislature (2001) is affected by the proposed amendments.
Issued in Austin, Texas on August 7, 2001.
§13.22.Odorization.
(a)
(No change.)
(b)
Compressed natural gas shall be odorized according to the
provisions of
Texas Utilities Code, §§121.251 and 121.252,
[
§13.24.Filings Required for School Bus, Mass Transit, and Special Transit Installations.
(a)
After the manufacture of or
[
[
[
(b)
If the Commission's initial complete inspection finds
the vehicle in compliance with the
Regulations for
Compressed Natural Gas
and the statutes, the vehicle may be placed
into CNG service. For fleet installations of identical design, an initial
inspection shall be conducted prior to the operation of the first vehicle,
and subsequent vehicles of the same design may be placed into service without
prior inspections. Inspections shall be conducted within a reasonable time
frame to ensure the vehicles are operating in compliance with the
Regulations for Compressed Natural Gas
. If violations exist at the
time of the initial complete inspection, the vehicle shall not be placed into
CNG service and the manufacturer, licensee, or ultimate consumer making the
installation or conversion shall correct the violations. The manufacturer,
licensee, or ultimate consumer shall file with the Commission documentation
demonstrating compliance with the
Regulations for
Compressed Natural Gas
, or the Commission shall conduct another complete
inspection before the vehicle may be placed into CNG service.
[
[
[
[
[
[
[
[
(c)
The manufacturer, licensee,
or ultimate consumer making the installation or conversion shall be responsible
for compliance with the
Regulations for Compressed
Natural Gas
, statutes, and any other local, state, or federal requirements.
(d)
If the requested Commission
inspection identifies violations requiring modifications by the manufacturer,
licensee, or ultimate consumer, the Commission shall consider the assessment
of an inspection fee to cover the costs associated with any additional inspection,
including mileage and per diem rates set by the legislature.
§13.25.Filings Required for Stationary CNG Installations.
(a)
No CNG container shall be placed
into CNG service or an installation operated or used in CNG service until
the requirements of this section, as applicable, are met and the facility
is in compliance with all applicable
Regulations
for Compressed Natural Gas
and statutes, in addition to any applicable
requirements of the municipality or the county where an installation is or
will be located.
(b)
[
(1)
CNG Form 1500;
(2)
CNG Form 1500A with all applicable
documents;
(3)
a plat drawing from the appropriate
appraisal district identifying the facility's property boundaries;
(4)
a site plan of sufficient scale
that identifies:
(A)
the location, types, and sizes of all containers
already on site or proposed to be on site;
(B)
the distances from the containers and material
handling equipment to the property lines, buildings, and railroad, pipeline,
or roadway rights-of-way; and
(C)
any known potential hazards.
(5)
a nonrefundable fee of $50
for the initial application. A nonrefundable fee of $30 shall be required
for any resubmission.
[
[
[
[
(c)
[
(d)
If the Commission finds after
a public hearing that the proposed installation complies with the
Regulations for Compressed Natural Gas
and the statutes of the State
of Texas, and does not constitute a danger to the public health, safety, and
welfare, the Commission shall issue an interim approval order. The construction
of the installation and the setting of the container shall not proceed until
the applicant has received written notification of the interim approval order.
Any interim approval order shall include a provision that such approval may
be suspended or revoked if:
(1)
the applicant has introduced CNG into the system
prior to final approval; or
(2)
a physical inspection of the installation indicates
that it is not installed in compliance with the submitted plat drawing for
the installation, the
Regulations for Compressed
Natural Gas
, or the statutes of the State of Texas; or
(3)
the installation constitutes a danger to the
public health, safety, and welfare.
(e)
[
(f)
[
(1)
Within 10 calendar days following the
[
(A)
the installation
fully complies
[
(B)
all
[
(C)
the date
[
[
(2)
[
(g)
[
[
[
[
(h)
[
(1)
When an applicant is notified of an incomplete CNG Form
1500, the applicant has 120 calendar days from the date of the notification
letter to resubmit the corrected application or the application will expire.
After 120 days, a new application
shall
[
(2)
If the applicant requests an extension of the 120-day time
period in writing, postmarked or physically delivered to the
Commission
[
(3)
If the subject installation
is not completed within one year from the date of the Commission's completed
review, the applicant shall resubmit the application for the Commission's
review.
[
(i)
[
(1)
Aggregate storage capacity in excess of 240 standard cubic
feet water volume. The applicant shall notify the
Commission
[
(2)
Aggregate storage capacity of less than 240 standard cubic
feet water volume. After receipt of [
(j)
[
(k)
In the event an applicant has
requested an inspection and the Commission inspection identifies violations
requiring modifications by the applicant, the Commission may assess an inspection
fee to cover the costs associated with any additional inspection, including
mileage and per diem rates set by the legislature.
[
[
[
[
[
[
(l)
[
(1)
All appurtenances and equipment placed into CNG service
shall be listed by a nationally recognized testing laboratory
such as
[
(A)
it is specifically prohibited for use by another section
of the
Regulations for Compressed Natural Gas
[
(B)
there is no test specification or procedure developed by
the testing laboratory for the appurtenance or equipment.
(2)
Appurtenances and equipment that cannot be listed but are
not prohibited for use by the
Regulations for
Compressed Natural Gas
[
(3)
The licensee or operator of the appurtenances or equipment
shall maintain documentation
[
(4)
Compliance under this section does not ensure conformity
with other state and federal regulations, such as those of the Texas
Natural Resource Conservation Commission
[
§13.35.Application for an Exception to a Safety Rule.
(a)
A person
[
[
(b)
[
(1)
the section number of any applicable rules
[
(2)
[
(3)
a concise statement of facts which supports the applicant's
request
[
(4)
for all stationary installations, regardless of size,
a description of the acreage and/or address upon which the
subject
of the
exception[
(A)
a site drawing;
(B)
sufficient identification of
the site so that determination of property boundaries may be made;
(C)
a plat from the applicable
appraisal district indicating the ownership of the land; and
(D)
the legal authority under which
the applicant, if not the owner, is permitted occupancy.
(5)
the name, business address, and telephone number of the
applicant and of
the
[
(6)
an original signature, in ink, by the party filing the
application or by
the
[
(7)
a list of the names and addresses of all
interested
entities
[
(c)
[
(1)
The applicant shall send a copy of
CNG Form 1025
[
(2)
If
[
(A)
persons and businesses owning
or occupying property adjacent to the site;
(B)
the city council or fire marshal,
if the site is within municipal limits; and
(C)
the county Commission, if the
site is not within any municipal limits.
(3)
If
[
(A)
the Texas Department of Public Safety; and
(B)
all CNG loading and unloading facilities utilized by the
applicant.
(4)
The Commission
[
(d)
Objections to the requested
exception shall be in writing, filed at the Commission within 18 calendar
days of the postmark of the application, and shall be based on facts that
tend to demonstrate that, as proposed, the exception would have an adverse
effect on public health, safety, or welfare. The Commission may decline to
consider objections based solely on claims of diminished property or esthetic
values in the area.
(e)
[
(f)
[
[
(g)
Applicants intentionally submitting incorrect or misleading
information are subject to penalties
[
(h)
[
(i)
Temporary exception. For good cause shown, the
division
[
(j)
A request for an exception shall expire if it is inactive
for three months after the date of the letter in which the applicant was notified
by the Commission of an incomplete request. The
[
§13.36.Report of CNG Incident/Accident.
(a)
In case of an incident involving single release of compressed
natural gas (CNG) during or following CNG transfer or during container transportation,
or an accident at any location where CNG is the cause or is suspected to be
the cause, the licensee owning, operating, or servicing the equipment or the
installation shall notify the LP-Gas
Section
[
(b)
Information which
shall
[
(c)
Any transport unit required to be registered with the
Commission
[
(d)
Following the initial telephone report, a CNG Form 1020,
Report of CNG Incident/Accident,
shall
[
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 August 7, 2001.
TRD-200104504
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: September 23, 2001
For further information, please call: (512) 475-1295
Chapter 13.
REGULATIONS FOR COMPRESSED NATURAL GAS (CNG) AND LIQUEFIED NATURAL GAS (LNG)
and
] 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 also applies
to all CNG mobile fuel systems.]
(c)
This chapter does not extend
to 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.]
(d)
] This chapter does not apply
to:
or
]
.
]
must
] meet the
requirements of the rules and regulations of
this chapter
[
the division
] at the time of installation.
commission or the Railroad Commission of Texas
].
(11)
] CNG cylinder--A cylinder
or other container designed for use or used as part of a CNG system.
(12)
] CNG system--A system of
safety devices, cylinders, piping, fittings, valves, compressors, regulators,
gauges, relief devices, vents, installation fixtures, and other CNG equipment
intended for use or used in any building or commercial installation, or used
in conjunction with a motor vehicle or mobile fuel system fueled by CNG, or
any system or facilities designed to be used or used in the compression, sale,
storage, transportation for delivery, or distribution of CNG in portable CNG
cylinders, not including natural gas facilities, equipment, or pipelines located
upstream of the inlet of a compressor devoted entirely to CNG.
(13)
] Commercial installation--Any
CNG installation located on premises other than a single family dwelling used
as a residence, including but not limited to a retail business establishment,
school, convalescent home, hospital, retail CNG cylinder filling/exchange
operation, service station, forklift refueling facility, or private motor/mobile
fuel cylinder filling operation.
(14)
] Commission--
The Railroad
Commission of Texas or an operating division of the Commission or a division's
employees
[
An operating division of the Railroad Commission of
Texas or any of the division's employees
].
(15)
] Compressed natural gas--Natural
gas which is a mixture of hydrocarbon gases and vapors consisting principally
of methane (CH
4
) in gaseous form that is compressed
and used, stored, sold, transported, or distributed for use by or through
a CNG system.
(16)
CNG cargo tank--A container
which complies with ASME or DOT specifications used to transport CNG for delivery.]
(17)
] Cylinder service valve--A
hand-wheel operated valve connected directly to a CNG cylinder.
(18)
] Dispensing station--A CNG
installation that dispenses CNG from any source by any means into fuel supply
cylinders installed on vehicles or into portable cylinders.
(19)
] Division--The
Director
of the Gas Services
[
Liquefied Petroleum Gas
] Division of
the Railroad Commission of Texas
or the director's delegate
.
(20)
] DOT--United States Department
of Transportation.
(21)
] Filled by pressure--A method
of transferring CNG into cylinders by using pressure differential.
(22)
Final approval--The authority
issued by the commission or the Railroad Commission allowing the installation
to be placed into CNG service.]
(25)
] Location--A site operated
by a CNG licensee at which the licensee carries on an essential element of
its CNG activities, but where the activities of the site alone do not qualify
the site as an outlet.
(26)
] Manifold--The assembly of
piping and fittings used to connect cylinders.
(27)
] Mass transit vehicle--Any
vehicle which is owned or operated by a political subdivision of a state,
city, or county and primarily used in the conveyance of the general public.
(28)
] Metallic hose--Hose in which
the strength of the hose depends primarily on the strength of metallic parts,
including liners or covers.
(29)
] Mobile fuel container--A
CNG container mounted on a vehicle to store CNG as the fuel supply for uses
other than motor fuel.
(30)
] Mobile fuel system--A CNG
system which supplies natural gas fuel to an auxiliary engine other than the
engine used to propel the vehicle or for other uses on the vehicle.
(31)
] Motor fuel container--A
CNG container mounted on a vehicle to store CNG as the fuel supply to an engine
used to propel the vehicle.
(32)
] Motor fuel system--A CNG
system excluding the container which supplies CNG to an engine used to propel
the vehicle.
(33)
] Motor vehicle--A self-propelled
vehicle licensed for highway use or used on a public highway.
(34)
] Outlet--A site operated
by a CNG licensee at which the business conducted materially duplicates the
operations for which the licensee is initially granted a license.
(35)
] Person--An individual, sole
proprietor, partnership, firm, joint venture, association, corporation, or
any other business entity, a state agency or institution, county, municipality,
school district, or other governmental subdivision, or licensee.
(36)
] Point of transfer--The point
where the fueling connection is made.
(37)
] Pressure relief valve--A
device designed to prevent rupture of a normally charged cylinder.
(38)
] Public transportation vehicle--A
vehicle for hire to transport persons, including but not limited to taxis,
buses (excluding school buses, mass transit, or special transit vehicles),
or airport courtesy cars.
(39)
] Pullaway--The accidental
separation of a hose from a cylinder, container, transfer equipment, or dispensing
equipment, which could occur on a cylinder, container, transfer equipment,
or dispensing equipment whether or not they are protected by a pullaway device.
(40)
] Railroad Commission of Texas--The
members of the Railroad Commission of Texas.
(41)
] Representative--The individual
designated by an applicant or licensee as the principal individual in authority
who is responsible for actively supervising the licensee's CNG activities.
(42)
] Residential fueling facility--An
assembly and its associated equipment and piping at a residence used for the
compression and delivery of natural gas into vehicles.
(43)
] School--A public or private
institution which has been accredited through the Texas Education Agency or
the Texas Private School Accreditation Commission.
(44)
] School bus--A vehicle that
is sold or used for purposes that include carrying students to and from school
or related events.
(45)
] Settled pressure--The pressure
in a container at 70 degrees Fahrenheit, which cannot exceed the marked service
or design pressure of the cylinder.
(46)
] Special transit vehicle--A
vehicle designed with limited passenger capacity which is used by a school
or mass transit authority for special transit purposes, such as transport
of mobility impaired persons.
(47)
Tentative approval--The authority
issued by the commission without a hearing allowing construction of a CNG
installation.]
by reference
] the
following forms for use by the
LP-Gas Section, Gas Services Division
[
Liquefied Petroleum Gas Division (LP-Gas). These forms are available
upon request directed to the LP-Gas Division in Austin
]:
Subchapter B. GENERAL RULES FOR COMPRESSED NATURAL GAS (CNG) EQUIPMENT QUALIFICATIONS
Texas Civil Statutes, Article 6053, §2,
] in effect
at the time the gas is odorized.
Prior to
]
the conversion
to a CNG system on
[
of
] any vehicle to
be used as a school bus, mass transit,
public transportation,
or
special transit vehicle,
the manufacturer, licensee, or ultimate consumer
[
an applicant (the ultimate consumer or licensee, as the case
may be)
] making the
installation or
conversion shall
notify the Commission in writing on
[
submit a
] CNG Form 1503
that the applicable CNG-powered vehicles are ready for a complete inspection
to determine compliance with the
Regulations for
Compressed Natural Gas
[
to the commission
].
(1)
An original school bus, mass
transit, or special transit vehicle manufacturer shall submit a CNG Form 1503
covering the model(s) of vehicle(s) to be equipped with a CNG system prior
to the vehicle(s) being used in CNG service in this state.]
(2)
The commission shall examine
all drawings, plans, reports, and specifications for mobile installations
required by statute or commission regulation to be submitted for tentative
approval to determine whether the design, manufacture, construction, or use
of the depicted item, system, operations, procedure, or installation complies
with the regulations for compressed natural gas. A determination will also
be made whether the subject of the submission poses a threat to the health,
safety, and welfare of the general public. If the commission declines administratively
to approve the submission, the applicant shall be notified in writing within
the required time period of the deficiencies. The applicant may modify the
submission and resubmit it for tentative approval within the required time
period, or may request a hearing on the matter in accordance with the general
rules of practice and procedure of the Railroad Commission of Texas. The subject
of the submission shall not be operated or used in CNG service in this state
until approved by the Railroad Commission of Texas following a hearing.]
The application process. After completion of the review within the time described
in paragraph (7) of this subsection, the commission will return the application
to the applicant, indicating either the submission complies with the CNG rules
or specifying what corrections are required.
]
(1)
Rejected applications. An
applicant may make the corrections required by a rejected application and
may resubmit the application for review by the division in accordance with
the process described in this section. When an applicant is notified of a
rejected CNG Form 1503, Application to Install a CNG System on School Bus/Mass
Transit Vehicles, the applicant has 120 calendar days from the date of the
notification letter to resubmit the application with the discrepancies corrected
or the original application will expire.]
(2)
Accepted applications. Subject
to the provisions of paragraph (3) of this subsection, the application will
be returned to the applicant and the applicant will be notified whether the
application complies with the CNG rules and whether the CNG converted vehicle(s)
may be placed immediately into CNG service upon completion of the CNG system.]
(3)
Inspections. At any time,
the commission or division director may require an inspection of any CNG converted
vehicle system, including any time prior to the CNG system being placed into
service. No CNG system shall be placed into CNG service that does not comply
with the rules promulgated by the Railroad Commission of Texas in effect at
the time of installation.]
(4)
Notice of completion. The
applicant shall notify the division in writing that a school bus or mass transit
installation is completed and ready for inspection.]
(5)
Material variances. If the
commission determines the completed installation or conversion varies materially
from the application originally accepted as in compliance, correction of the
variance and notification to the commission or resubmission of the application
is required. The commission's review of such resubmitted application will
follow the described procedure(s) in this section.]
(6)
Subsequent applications. Any
subsequent conversion to a CNG system by the same applicant will not require
resubmission of a CNG Form 1503, provided the conversions are made in accordance
with the application originally accepted as in compliance. However, a CNG
Form 1504 must be filed with and approved by the commission prior to the completion
of any subsequent school bus, mass transit, or special transit vehicle conversion.
The applicant shall notify the commission in writing when any such subsequent
conversion is completed and ready for inspection. Subsequent conversions that
differ and vary materially from the initial application as originally accepted
as in compliance will require another submission of CNG Form 1503. Original
school bus, mass transit, or special transit vehicle manufacturers shall submit
a CNG Form 1504 prior to the vehicles being used in this state.]
(7)
Time for review of applications.
The commission will review all applications within 21 calendar days of receipt
of the application. Written notification of whether the application is complete
or incomplete shall be mailed to the applicant within the 21 calendar day
period. An application is not complete (i.e., in compliance) until the applicant
has received written notification.]
(a)
] Aggregate storage capacity
in excess of 240 standard cubic feet water volume.
For installations
with an aggregate storage capacity in excess of 240 cubic feet water volume,
the licensee shall submit the following to the Commission at least 30 days
prior to construction:
(1)
Prior to the installation
of any CNG container which would result in an aggregate storage capacity in
excess of 240 cubic feet water volume, plans and specifications for the installation
must be submitted to the commission with CNG Form 1500. See subsection (f)
of this section relating to additional requirements for installations with
an aggregate storage capacity in excess of 240 standard cubic feet water volume.]
(2)
Plans and specifications required
by paragraph (1) of this subsection submitted with an application for a Category
3 or 5 license or for a multiple category license that includes a Category
3 or 5 license will not be granted tentative approval by the commission until
all other licensing requirements are met.]
(3)
A CNG Form 1500 is not required
when a previously approved system is repaired, renovated, extended, or modified,
provided the subsequent change does not increase the CNG aggregate storage
capacity at the site.]
(4)
A nonrefundable fee of $50
shall be submitted with each CNG Form 1500. A nonrefundable fee of $30 shall
be submitted for each resubmitted CNG Form 1500.]
(b)
] The
Commission
[
commission
] shall
notify the applicant in writing outlining
its findings.
[
examine all drawings, plans, reports, and specifications
for stationary installations required by statute or commission regulation
to be submitted for tentative approval to determine whether the design, manufacture,
construction, or use of the depicted item, systems, operations, procedure,
or installation complies with the regulations for compressed natural gas.
A determination will also be made whether the subject submission poses a threat
to the health, safety, and welfare of the general public.
] If the
application is administratively denied,
[
commission declines administratively
to approve the submission,
] the applicant [
shall be notified in
writing within the required time period of the deficiencies. The applicant
] may modify the submission and resubmit it [
for approval within
the required time period,
] or may request a hearing [
on the matter
] in accordance with the general rules of practice and procedure of
the Railroad Commission of Texas
in 16 TAC Chapter 1
. [
The
subject of the submission may not be operated or used in CNG service in this
state until approved by the Railroad Commission of Texas following a hearing.
]
(c)
] If a CNG stationary installation
, equipment, or appurtenances
[
which is
] not specifically
covered by the
Regulations for Compressed Natural
Gas
[
regulations for compressed natural gas
] has been
or
will
[
is to
] be installed, the
Commission
[
commission
] shall apply and require any reasonable [
sound
engineering and
] safety provisions [
which may be considered necessary
] to ensure the CNG installation is safe for CNG service. If the affected
entity
[
party
] disagrees with the
Commission's
[
commission's
] determination,
the entity
[
he or
she
] may request a hearing.
The
[
However, the
]
installation shall not be placed in CNG operation until the
Commission
[
commission
] has determined the installation is safe for
CNG service.
(d)
] Aggregate storage capacity
of less than 240 standard cubic feet water volume.
A CNG Form 1501 must be postmarked or physically delivered to the commission
within 10 calendar days after
] completion of
container
[
the
] installation
, the licensee shall submit CNG Form 1501 to the
Commission stating:
[
of any CNG container(s) having an aggregate
storage capacity of less than 240 standard cubic feet at a commercial installation.
No CNG shall be introduced in any CNG container that is not installed in accordance
with the statutes of the State of Texas, or with the regulations for compressed
natural gas in effect at the time of installation. The submission of the CNG
Form 1501 will indicate that:
]
is in
total compliance
] with the statutes and the
Regulations for Compressed Natural Gas
[
regulations for
compressed natural gas
];
that any
] necessary CNG licenses
and certificates
have been issued; and
that
] the installation
has been placed in CNG service.
(2)
If a CNG licensee violates
the provisions of this subsection, the commission may require the CNG licensee
to submit a CNG Form 1500, and plans and specifications for future CNG installations.
The affected CNG licensee shall be notified in writing of this finding. If
the CNG licensee disagrees with the determination of the commission, then
that licensee may request a public hearing on the matter. Until a decision
is issued by the Railroad Commission of Texas subsequent to a hearing on the
matter the CNG licensee shall be required to submit plans and specifications
as noted in this paragraph.]
(3)
]
Pay a
[
A
]
nonrefundable fee of
$10
[
$10.00
] for each ASME container
or DOT cylinder cascade listed on the form [
shall be submitted with each
originally filed CNG Form 1501
]. A nonrefundable fee of $20 shall be
required for any resubmission
[
submitted with each resubmitted
CNG Form 1501
].
(e)
] Notice of complete or incomplete
form. The
Commission shall
[
commission will
] review
all applications within 21
business
[
calendar
] days
of [
their
] receipt
of all required information and shall notify
the applicant in writing of any deficiencies
. [
Written notification
of whether the application is complete or incomplete shall be mailed to the
applicant within the 21 calendar day period.
]
(f)
Tentative approval for stationary
CNG installations.]
(1)
Granting of tentative approval for CNG installations
of aggregate storage capacity in excess of 240 standard cubic feet water volume.
Tentative approval may be granted by the commission if it is determined that
the application meets all applicable CNG safety regulations and statutes of
the State of Texas, and that the installation does not appear to constitute
a danger to the public health, safety, and welfare. The construction of the
installation and the setting of the container(s) may not proceed until the
applicant has received written notification of the tentative approval.]
(2)
Alterations or additions. The commission must
be notified prior to implementation of any field alterations or additions
during construction (except maintenance and repairs) related to the CNG installation
in order for the commission to determine if resubmission of plans and specifications
for reconsideration is required.]
(g)
] Expiration of application;
extension.
must
] be filed
should the applicant wish to reactivate commission review of the proposed
installation.
commission
] before the expiration date, the application
may be renewed for up to 90 days as determined by the
Commission
[
commission
].
(3)
If the tentatively approved
installation is not completed within one year from the date tentative approval
was granted the application will expire. Prior to the date of expiration,
the applicant may request of the commission in writing an extension of time
up to 90 days to complete the installation. If the applicant fails to request
an extension of time within the time period prescribed by this subsection,
the applicant will be required to submit a new application if the original
installation is to be installed.]
(h)
] Physical inspection of stationary
installations.
commission
] when the installation is ready for inspection. If the
Commission
[
commission
] does not physically inspect the facility
within 30 calendar days of receipt of [
written
] notice that the
facility is ready for inspection, the
applicant
[
facility
] may operate
the facility
conditionally until the
initial complete
[
first
] inspection is made. If any safety
rule violations exist
[
regulation violation(s) exists
] at
the time of the
initial
[
first
] inspection, the
applicant may be required to
[
installation shall
] cease
CNG
operation until the
applicant corrects the violations
[
violation(s) are corrected
].
a
] CNG Form 1501,
the
Commission shall conduct
an inspection [
will be conducted
]
as soon as possible to verify the installation described
complies
[
is in compliance
] with the
Regulations
for Compressed Natural Gas
[
regulations for compressed natural
gas
].
The applicant may operate the facility prior to inspection
if the facility fully complies with the
Regulations
for Compressed Natural Gas
.
If any CNG statute or safety
rule violations exist
[
regulation violation exists
] at the
time of the initial inspection at a commercial installation, the
Commission
may immediately remove the
subject container, including any piping,
appliances, appurtenances, or equipment connected to it [
may be immediately
removed
] from CNG service until the
applicant corrects the violations
[
violation(s) are corrected
].
(i)
] Material variances. If the
Commission
[
commission
] determines the completed installation
varies materially from the application originally accepted [
as in compliance
],
the applicant shall correct the variance and notify the Commission
of the
correction of the variance [
and notification to the commission,
] or
resubmit
[
resubmission of
] the application
[
is required
]. The
Commission's
[
commission's
]
review of such resubmitted application
shall comply with
[
will follow
] the procedure described in this
section
[
subsection
].
(j)
Final approval of stationary
CNG installations. No CNG container may be placed into CNG service until after
final approval has been granted. Final approval will follow a physical inspection
of the completed installation. If, following the physical inspection of the
installation by the commission, it is found that the installation:]
(1)
complies with:]
(A)
the plans and specifications given tentative
approval by the commission; or]
(B)
the regulations for compressed natural gas;
and]
(C)
the statutes of the State of Texas; and]
(2)
does not constitute a danger to the public
health, safety, and welfare, then the commission shall issue an order granting
final approval.]
(k)
] Appurtenances and equipment.
, i.e.,
] Underwriters Laboratory (UL), Factory Mutual
(FM), American Gas Association (AGA), or Canadian Gas Association (CGA),
or such other laboratories approved by the
Commission
[
commission
] unless:
regulations for compressed natural gas
]; or
regulations for compressed natural
gas
] shall be acceptable [
and safe
] for CNG service
provided the appurtenances and equipment are installed in compliance with
the applicable
Regulations for Compressed Natural
Gas
[
over the full range of pressures and temperatures to
which they will be subjected under normal operating conditions
].
Documentation
] sufficient to
substantiate any claims made regarding the safety of any valves, fittings,
and equipment
and
shall
, upon request, furnish copies to the
Commission
[
be required by the commission
].
Air Control Board
].
Filing. Any person, firm, or
corporation
] may apply for an exception to the provisions of this chapter
by filing
CNG Form 1025 along with supporting documentation and
[
an application for exception along with
] a $50 filing fee with
the
Commission
[
commission
].
(b)
Form. The application must
be typewritten on paper not to exceed 8-1/2 inches by 11 inches and have an
inside margin of at least one inch. Annexed exhibits must be folded to the
same size as the application. The content must be double-spaced and appear
on one side of the paper only. In lieu of the typewritten application, a CNG
Form 1025 may be submitted.]
(c) Content.
] The application shall
contain the following:
a reference, by section number, to the applicable CNG rule
];
a statement of
] the type of relief desired
, including the exception requested and any information which may assist the
Commission
[
; i.e., the exception applied for and those details
which may be helpful
] in comprehending the
requested
[
exact nature of the
] exception;
case
] for the exception
, such as the reason
for the exception,
[
; i.e., the need for the exception and the
reason for it,
] the safety aspects of the exception, and the social
and/or economic impact of the exception;
, if granted,
] will be located [
should
its location be stationary
]. The description shall be in writing
and
[
,
] shall include
:
[
a plat drawing, and
shall sufficiently identify the site to permit determination of property boundaries.
Furthermore, the description shall state the ownership of the land, and state
under what legal authority the applicant, if not the owner, is permitted occupancy;
]
his
] authorized agent, if any;
his
] authorized representative;
affected parties,
] as defined in subsection
(c)
[
(d)
] of this section.
(d)
] Notice
of the application
for an exception to a safety rule
.
the application
] by certified mail, return receipt requested,
to all affected
entities as specified in paragraphs (2), (3), and (4)
of this subsection
[
parties
] on the same date on which the
form
[
application
] is filed with or sent to the
Commission
[
commission
].
The applicant
[
In addition
to the other requirements, the application
] shall include a notice
to the affected entities
that any
objection shall
[
complaint must
] be filed
with the Commission
within 18
calendar
days of the date
of postmark
[
the application
is mailed
].
The applicant shall file all
[
All
]
return receipts
with the Commission as proof of notice
[
shall
be forwarded to the commission
].
In the case of
] an exception
is
requested on a stationary site,
the affected entities to whom
the applicant
shall
[
must
] give notice
shall include but not be limited to:
[
to persons and businesses
owning real property having a common boundary with the site and to the local
fire marshal, city manager, city secretary, city council, or mayor. If the
site "is not" within any municipal limits the county commission or appropriate
commissioner must be given notice.
]
In the case of
] an exception
is
requested on a nonstationary site, affected
entities
[
parties
] to whom the applicant
shall
[
must
] give
notice
include but are not
[
shall include, but not be
]
limited to:
In the interest of justice,
the division director
] may require an applicant to give notice to persons
in addition to those listed in paragraphs (2) and (3) of this subsection if
doing so will not prejudice the rights of any
entity
[
party
].
Commission review.
] The
Commission
[
commission
] shall review the application within 21
business
[
calendar
] days of receipt of the
application.
[
exception request. The commission must mail written notification to
the applicant within the 21 calendar days of whether the request is complete
or incomplete.
] If the
Commission does not receive any
[
commission has received no
] objections from any affected
entities
as defined in subsection (c) of this section, the director of the Gas Services
Division or the director's delegate
[
parties, it
] may
administratively
grant the exception
if the director determines
that the installation, as proposed, does not adversely affect the health or
safety of the public
[
, unless it determines the exception would
be hazardous to the health, safety, or welfare of the general public
].
The Commission shall notify the applicant in writing by the end of the 21-day
review period and, if approved, the installation shall be installed within
one year from the date of approval. The Commission shall also advise the applicant
at the end of the objection period as to whether any objections were received
and whether the applicant may proceed.
If the
director of the Gas
Services Division or the director's delegate denies
[
commission
declines administratively to grant
] the exception,
the Commission
[
it
] shall notify the applicant
in writing, outlining
[
by certified mail, return receipt requested, of
] the reasons
and [
of
] any specific deficiencies. The applicant may modify the
application to correct the deficiencies and resubmit the application along
with a $30 resubmission fee, or may request a hearing on the matter.
To be granted a hearing, the applicant shall file a written request for hearing
within 14 calendar days of receiving notice of the administrative denial.
[Hearings.]
(1)
[
[
When held.
] A hearing
shall
[
will
] be held when the
Commission
[
commission
] receives
an
[
a valid
] objection
as set
out in subsection (d) from any affected entity,
[
with any evidence
or data to support the objection from any affected party,
] or when the
applicant requests one following an administrative denial.
The Commission
shall mail the notice of hearing to the applicant and all objecting entities
by certified mail, return receipt requested, at least 21 calendar days prior
to the date of the hearing. Hearings will be held in accordance with the Texas
Government Code, Chapter 2001,
et seq.
, the
general rules of practice and procedure of the Railroad Commission of Texas,
and the
Regulations for Compressed Natural Gas.
[
To be granted a hearing, the applicant must file a request for a hearing
within two weeks of receiving notice of the administrative denial. Failure
to request a hearing within this time period will constitute waiver of the
right of hearing.
]
(2)
Notice. The commission shall
prepare a notice of hearing which shall be mailed to the applicant and all
affected parties by certified mail, return receipt requested, not less than
21 calendar days prior to the date of the hearing.]
Penalties. Intentional misinformation
submitted by an applicant or the authorized agent of such applicant shall
be punishable as set out
] in the Texas Natural Resources Code, §116.142,
and
the filing of incorrect or misleading information
shall be
grounds for dismissing the application with prejudice.
Finding requirement.
] After [
the
]
hearing, exceptions to this chapter may be granted by the [
Railroad
]
Commission
if the Commission finds that granting the exception for the
installation, as proposed, will not adversely affect the safety of the public
[
of Texas when based upon a determination that the grant of the
exception will neither imperil nor tend to imperil the health, safety, and
welfare of the general public
].
commission
] may grant a temporary exception, which shall
not exceed 30 days, to the examination requirements for representatives and
operations supervisors. Good cause shall include[
, but not be limited
to,
] the death of a sole proprietor or
partner,
[
partners,
or severe economic hardship
]. An applicant for a temporary exception
shall
[
must agree to
] comply with all applicable safety requirements
and the
division shall obtain information showing that
[
commission
must find
] the exception will not be hazardous to the public.
Application completion
deadline. If an application for an exception is inactive for six months after
the applicant has been notified by the commission of an incomplete request,
the application shall expire. Thereafter, the
] applicant may resubmit
an exception request.
Division
].
This notification shall be by telephone as soon as possible after the licensee
has knowledge of the incident or accident. Any loss of CNG which is less than
1.0% of the gross amount delivered, stored, or withdrawn need not be reported.
However, any loss occurring as a result of a pullaway
shall
[
(i.e., the accidental separation of a hose from a cylinder, container, or
dispensing equipment) must
] be reported.
must
] be
reported to the
LP-Gas Section includes
[
division must include
]: date and time of the incident or accident; type of structure or equipment
involved; resident's or operator's name; physical location; number of injuries
and/or fatalities; whether fire, explosion, or gas leak has occurred; whether
gas is leaking; and whether immediate assistance from the division is requested.
Any
individual
[
person
] reporting
shall
[
must
] leave
his or her
[
his/her
] name, and telephone
number where
he or she
[
he/she
] can be reached for further
information.
commission
] in accordance with §13.69 of
this title (relating to Registration
and Transfer
of CNG
Transports and CNG Form 1004 Decal or Letter of Authority
[
Transport
Units
]) which is involved in an accident where there is damage to the
tank, piping appurtenances, or any release of CNG resulting from an accident
shall
[
must
] be reported to the
Commission
[
commission
] in accordance with this section regardless of the accident
location. Any CNG powered motor vehicle used for school transportation or
mass transit including any state owned vehicle which is involved in an accident
resulting in a substantial release of CNG or damage to the CNG conversion
equipment
shall
[
must
] be reported to the
Commission
[
commission
] in accordance with this section regardless
of accident location.
must
] be submitted
to the LP-Gas
Section
[
Division
]. The report
shall
[
must
] be postmarked within 14 calendar days of the date
of initial notification to the division.
Subchapter C. CLASSIFICATION, REGISTRATION, AND EXAMINATION