Part 1.
RAILROAD COMMISSION OF TEXAS
Chapter 3.
OIL AND GAS DIVISION
The Railroad Commission of Texas proposes amendments to §3.5,
relating to applications to drill, deepen, reenter or plug back; §3.11,
relating to inclination and directional surveys; §3.37, relating to statewide
spacing rule; §3.38, relating to well densities; the repeal of existing §3.70,
relating to Commission forms required to be filed; amendments to §3.78,
relating to fees, performance bonds and alternate forms of financial security
required to be filed; new §3.80, relating to Commission forms, applications
and filing requirements; and amendments to §3.86, relating to horizontal
drainhole wells.
The Commission proposes the repeal of §3.70, commonly referred to
as Statewide Rule 80, to conform the Texas Administrative Code section number
to the Statewide Rule number. Proposed new §3.80 will also conform the
title in the Texas Administrative Code with the title adopted by the Commission
for this rule. Additionally, the text of proposed new §3.80 contains
some substantive changes from the current text of §3.70.
The purpose of the amendments and new rule is to facilitate implementation
of the Commission's Electronic Compliance and Approval Process (ECAP). The
ECAP system provides operators with the option to file applications for drilling
permits electronically. The Commission's current rules contain no provision
authorizing electronic filings; the amendments and new rule will provide the
necessary regulatory foundation for current Commission procedures relating
to electronic filings, including participation in both the ECAP and the Electronic
Data Interchange (EDI) systems. Additionally, the amendments and new rule
will provide a regulatory framework for the Commission as it expands both
the ECAP and EDI programs to meet the needs of the oil and gas industry. The
amendments and new rule will also eliminate confusion and assist in the comprehension
of general Commission filing requirements and current Commission procedures
relating to electronic filings by incorporating the requirements and procedures
in a single Commission rule, new §3.80. Additionally, the amendments
and new rule will promote administrative efficiency and facilitate implementation
of additional phases of ECAP by clarifying application requirements under §3.11, §3.37, §3.38,
and §3.86.
The Commission simultaneously proposes the review and readoption of §3.11
in accordance with Texas Government Code, 2001.039. The agency's reasons for
adopting this rule continue to exist. The notice of proposed review was filed
with the
Texas Register
concurrently with
this proposal.
Leslie Savage, Planning and Administration, Oil and Gas Division, has determined
that for each year of the first five years that the amendments, repeal, and
proposed new §3.80 (to be referred to as Statewide Rule 80) will be in
effect there will be minimal fiscal implications for state government. The
purpose of the proposed rule amendments and new rule is to facilitate electronic
filing and processing of applications and other requests under the ECAP system.
The Commission does not anticipate that the amendments and proposed new rule
will result in either an increase or decrease in the total number of applications
or requests filed, reviewed, and ruled on administratively, although the Commission
expects an increase in filings being made through the ECAP system. Currently,
the Commission is accepting and processing electronically certain types of
drilling permit applications and expects that current staffing will be sufficient
to continue to do so. There will be no effect on local government.
Ms. Savage has also determined that for each year of the first five years
the proposed amendments, repeal, and new rule will be in effect, the public
will benefit from the increased ease and expedited filing of applications
to drill an oil or gas well, and other requests associated with oil and gas
exploration and production as the Commission develops the necessary capabilities.
Any cost of compliance with the proposed new rule and amendments for the small
business or micro-business producer will be offset by increased efficiency
and cost savings obtained through the use of the ECAP and EDI systems. Further,
because participation in both the ECAP and EDI systems is voluntary, the Commission
anticipates that there will be no mandatory costs of compliance for those
organizations and individuals that opt not to participate in any electronic
filings with the Commission.
Mark Helmueller, Hearings Examiner, Oil and Gas Section, Office of General
Counsel, has determined that for each year of the first five years that the
repeal, the new rule, and the amendments will be in effect the public benefit
will be the implementation of the Commission's ECAP and EDI systems. The new
rule and amendments will further effect the public benefit by specifying requirements
for plats submitted with applications for drilling permits; outlining Commission
requirements for electronic filings; incorporating within a single rule current
Commission filing and permit requirements; and clarifying current language
to be consistent with both current and future Commission procedures for electronic
filings.
Mr. Helmueller has also determined that there is a public benefit in eliminating
any potential confusion by conforming the section number with the statewide
rule numbers. The Commission anticipates that there will be a net reduction
in administrative costs as a result of eliminating improper designations which
require administrative correction. The new designation will provide a similar
benefit to persons who are required to comply with the new section and amendments.
Comments may be submitted to Mark Helmueller, Hearings Examiner, Oil and
Gas Section, Office of General Counsel, Railroad Commission of Texas, P. O.
Box 12967, Austin, Texas 78711-2967 or via electronic mail to mark.helmueller@rrc.state.tx.us.
Comments will be accepted for 30 days after publication in the
Texas Register
and should refer to the docket number of this rulemaking
proceeding: 20-0223059. For further information, call Mr. Helmueller at 512-
463-6802.
16 TAC §§3.5, 3.11, 3.37, 3.38, 3.78, 3.80, 3.86
The Commission proposes amendments to §§3.5, 3.11,
3.37, 3.78, and 3.86, and new §3.80 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
in Texas and the authority to adopt all necessary rules for governing and
regulating persons and their operations under the jurisdiction of the Commission.
The Texas Natural Resources Code, §§81.051, 81.052, 85.202(a)(1),
88.011, 91.101(4), and 92.001-92.007, are affected by the proposed new rule
and amendments.
Issued in Austin, Texas, on March 6, 2001.
§3.5.Application to Drill, Deepen, Reenter, or Plug Back.
(a)
Requirements
[
(b)
Definitions. The following words and terms, when used in
this section, shall have the following meanings, unless the context clearly
indicates otherwise.
(1)
Application--Request by an organization
made either
on the
prescribed
[
(2)
Commission--The Railroad Commission of Texas.
(3)
Commission representative--A commission employee authorized
to act for the commission. Any authority given to a commission representative
is also retained by the commission. Any action taken by the commission representative
is subject to review by the commission.
[(4)
Organization--Any person, firm, partnership,
joint stock association, corporation, or other organization, domestic or foreign,
operating wholly or partially within this state, acting as principal or agent
for another, for the purpose of performing operations within the jurisdiction
of the commission.]
[(5)
Outstanding final order--Either a commission
order against an organization finding that the organization has committed
a violation and all appeals have been exhausted or an agreed order entered
into by the commission and an organization relating to an alleged violation,
where:]
[(A)
the conditions that constituted the violation or alleged
violation have not been corrected;]
[(B)
all administrative, civil, and criminal penalties, if
any, relating to the violation or agreed settlement relating to an alleged
violation have not been paid; or]
[(C)
all reimbursements of costs and expenses, if any, assessed
by the commission relating to the violation or to the alleged violation have
not been collected.]
[(6)
Position of ownership or control--A person
holds a position of ownership or control in an organization if the person
is:]
[(A)
an officer or director of the organization;]
[(B)
a general partner of the organization;]
[(C)
the owner of an organization which is a sole proprietorship;]
[(D)
the owner of more than a 25% ownership interest in the
organization; or]
[(E)
the designated trustee of the organization.]
[(7)
Violation--Noncompliance with the Texas
Natural Resources Code, Title 3, or a commission rule, order, license, permit,
or certificate relating to safety or the prevention or control of pollution.]
[(c)
Organization eligibility to file an application.
The commission may not accept an application from an organization, if within
the five years preceding the date on which the application is filed:]
[(1)
the applicant organization has any outstanding final orders
against it; or]
[(2)
any person holding a position of ownership or control
in the applicant organization also has held a position of ownership or control
in any organization, including the applicant organization, registered with
the commission that has an outstanding final order against it relating to
a violation during that period of ownership or control.]
[(d)
Compliance certification.]
[(1)
The commission or a commission representative may require
an applicant organization to file a compliance certification. The certification
shall include a statement that within the last five years:]
[(A)
the applicant organization has no outstanding final orders
against it; and]
[(B)
no person in a position of ownership or control of the
applicant organization has held a position of ownership or control in any
organization, including the named organization, that has an outstanding final
order against it relating to a violation during that period of ownership or
control.]
[(2)
Failure to file a required certification will delay or
prevent approval of the application. Knowingly filing a false certification
may be a violation of the Texas Natural Resources Code, §91.143, and
may also subject a permit to denial or revocation. A permit that is issued
on the basis of a certification statement that is later determined to be incorrect
is also subject to revocation.]
[(3)
If the certification is signed by an agent of an applicant
organization, the certification is binding on the agent and the organization
as if signed by a person holding a position of ownership or control in the
organization.]
(c)
[
(d)
[
(1)
This authorization shall be requested by
submitting
a request
[
(A)
the operator name;
(B)
the lease name;
(C)
the lease number or gas identification number;
(D)
well number;
(E)
county;
(F)
field name;
(G)
a list of all reservoir(s) to be tested;
(H)
the casing setting depth and the depth of the deepest reservoir
to be tested;
(I)
a plat showing the well location; and
(J)
a statement as to whether or not the well location would
require an exception to §§3.37, 3.38, 3.39, and/or 3.40 of this
title (relating to Statewide Spacing Rule; Well Densities; Proration and Drilling
Units: Contiguity of Acreage and Exception Thereto; and Assignment of Acreage
to Pooled Development and Proration Units) (Statewide Rules 37, 38, 39, and
40) if completed in any of the reservoirs to be tested. If an exception would
be required, the
request
[
(2)
Operations of deepening inside the casing or plugging back
shall not be commenced until the district office has reviewed and
approved
the request
[
(A)
No reservoir tested pursuant to the provisions of this
subsection shall be tested for more than 15 days.
(B)
If the operator desires to place the well on production,
the operator shall shut in the well, with no production being sold, and file
a permit application for the tested reservoirs with the appropriate fees.
If the permit application for the tested reservoirs requires an exception
to §§3.37, 3.38, 3.39, and/or 3.40 of this title (relating to Statewide
Spacing Rule; Well Densities; Proration and Drilling Units: Contiguity of
Acreage and Exception Thereto; and Assignment of Acreage to Pooled Development
and Proration Units) (Statewide Rules 37, 38, 39, and 40), no consideration
will be given by the commission to the cost of recompleting and testing the
well in determining whether or not to grant the exception.
(C)
Within 30 days of completion of testing, the operator must
either file an application for a permit to produce a reservoir tested pursuant
to this subsection or file an amended completion report in accordance with §3.16
of this title (relating to Log and Completion of Plugging Report) (Statewide
Rule 16) with a copy of the
request
[
(e)
[
[(h)
Exception permits. If an application
for a permit presents a question of an exception to the applicable density
rule as well as an exception to the spacing rule, the operator seeking a spacing
and density exception must obtain such an exception as required under the
applicable spacing and density rules.]
(f)
[
(g)
Expiration. Any permit to drill, deepen,
plug back, or reenter granted by the commission expires no later than two
years after the date of original approval.
(h)
Plats. An application to drill, deepen,
plug back, or reenter shall be accompanied by a neat, accurate plat, with
a scale of one inch equals 1,000 feet. The plat for the initial well on the
lease, pooled unit, or unitized tract shall show the entire lease, pooled
unit, or tract, including all tracts being pooled. If necessary to show the
entire lease, the scale may be one inch equals 2,000 feet. Plats for subsequent
wells on a lease or pooled unit shall show at least the lease or pooled unit
line nearest the proposed location and the nearest survey/section lines. The
Division Director or the director's delegate may approve plats with other
scales upon request.
(1)
The lease shall be outlined on the plat using either a
heavy line or crosshatching.
(2)
The plat is to include the following:
(A)
surface location of the proposed drilling site;
(B)
perpendicular lines providing the distance in feet from
two nearest non-parallel survey/section lines to the surface location;
(C)
perpendicular lines providing the distance in feet from
two nearest non-parallel lease lines to the surface location;
(D)
a line providing the distance in feet from the surface
location to the nearest point on the lease line, pooled unit line, or unitized
tract line. If there is an unleased interest in a tract of the pooled unit
that is nearer than the pooled unit line, the nearest point on that unleased
tract boundary shall be used;
(E)
a line providing the distance in feet from the surface
location to the nearest oil, gas, or oil and gas well identified by number
either applied for, permitted, or completed in the same lease, pooled unit,
or unitized tract and in the same field and reservoir;
(F)
the geographic location information;
(G)
a labeled scale bar; and
(H)
northerly direction.
(3)
Requirements for plats as provided for in §3.11, §3.37, §3.38,
and §3.86 of this title may supplement or replace the plat requirements
set out above.
§3.11.Inclination and Directional Surveys Required.
(a) - (c)
(No change.)
(d)
Intentional deviation of wells.
(1) - (2)
(No change.)
(3)
Applications for deviation.
(A)
Applications for wells to be directionally deviated must
specify on the application to drill [
(i)
two perpendicular lines providing the
distance in feet from the projected bottomhole location, rather than the surface
location, to the nearest points on the lease, pooled unit, or unitized tract
line. If there is an unleased interest in a tract of the pooled unit or unitized
tract that is nearer than the pooled unit or unitized tract line, the nearest
point on that unleased tract boundary shall be used;
(ii)
a line providing the distance in feet
from the projected bottomhole location to the nearest point on the lease line,
pooled unit line, or unitized tract line. If there is an unleased interest
in a tract of the pooled unit that is nearer than the pooled unit line, the
nearest point on that unleased tract boundary shall be used;
(iii)
a line providing the distance in feet
from the projected bottomhole location, rather than the surface location,
to the nearest oil, gas, or oil and gas well, identified by number, applied
for, permitted, or completed in the same lease, pooled unit, or unitized tract
and in the same field and reservoir; and
(iv)
perpendicular lines providing the distance
in feet from the two nearest non-parallel survey/section lines to the projected
bottomhole location.
(B)
If the necessity for directional deviation arises unexpectedly
after drilling has begun, the operator shall give written notice by letter
or telegram of such necessity to the appropriate district office and to the
commission office in Austin, and upon giving such notice, the operator may
proceed with the directional deviation.
The commission may, at its discretion,
accept written notice electronically transmitted.
If the operator proceeds
with the drilling of a deviated well under such circumstances, he proceeds
at his own risk. Before any allowable shall be assigned to such well, a permit
for the subsurface location of each completion interval shall be obtained
from the commission under the provisions set out in the commission rules.
However, should the operator fail to show good and sufficient cause for such
deviation, no permit will be granted for the well.
(C)
If the necessity for random deviation arises unexpectedly
after the drilling has begun, the operator shall give written notice by letter
or telegram of such necessity to the appropriate district office and to the
commission office in Austin, and, upon giving such notice, the operator may
proceed with the random deviation, subject to compliance with the provisions
of this section on inclination surveys.
The commission may, at its discretion,
accept written notice electronically transmitted.
(e) - (f)
(No change.)
§3.37.Statewide Spacing Rule.
(a)
Distance requirements.
(1)
(No change.)
(2)
When an exception to this section is desired, application
shall be made by filing the proper fee as provided in §3.78 of this title
(relating to Fees, Performance Bonds, and Alternate Forms of Financial Security
Required To Be Filed) and the appropriate form according to the instructions
on the form, accompanied by a plat as described in subsection (c) of this
section. A person acquainted with the facts pertinent to the application shall
certify that all facts stated in it are true and within the knowledge of that
person [
(A) - (B)
(No change.)
(3)
(No change.)
(b)
(No change.)
(c)
In filing an application for an exception
to the distance requirements of this section, in addition to the plat requirements
in §3.5 of this title (relating to Application to Drill, Deepen, Reenter,
or Plug Back) (Statewide Rule 5), the applicant shall attach to each copy
of the form a plat that:
(1)
shows to scale the property on which the exception is sought;
all other applied for, permitted, and completed oil, gas, or oil and gas wells
in the same field and reservoir on said property; and all adjoining surrounding
properties and completed wells in the same field and reservoir within the
prescribed minimum between-well spacing distance of the applicant's well;
(2)
shows the entire lease, pooled unit, or unitized tract
indicating the names and offsetting properties of all affected offset operators;
(3)
corresponds to the listing required under subsection (a)(2)
of this section;
(4)
is certified by a person acquainted with the facts pertinent
to the application that the plat is accurately drawn to scale and correctly
reflects all pertinent and required data.
[(c)
In filing the form, as hereinabove provided,
applicant shall attach a plat to each copy of the form. The plat shall be
drawn preferably to the scale of one inch equaling 1,000 feet; however scales
of one inch equaling 500 feet or one inch equaling 2,000 feet will be accepted.
On request and approval by the division director or the director's delegate,
other scales may be accepted based on unusual circumstances. The plat must
accurately show to scale the property on which the exception is sought; all
other completed, drilling, or permitted wells in the same field(s) on said
property; and all adjoining surrounding properties and completed wells in
the same field(s) within the prescribed minimum between-well spacing distance
of the applicant's well. The plat must show the entire lease or unit, indicating
the names and offsetting properties of all adjacent offset operators and unleased
mineral interest owners, and all operators and unleased mineral interest owners
of tracts nearer to the well than the prescribed minimum lease-line distance
requirement. For exceptionally large leases or units, an applicant, on request
and approval by the Division Director or the director's delegate, may file
one plat of the entire lease or unit with the initial application only. In
subsequent applications for the same lease or unit, such applicant shall reference
this plat, and file only that portion of the plat containing the drilling
unit and well site that are the subject of the subsequent application.]
(d) - (m)
(No change.)
§3.38.Well Densities.
(a)
Definitions. The following words and terms, when used in
this section, shall have the following meanings, unless the context clearly
indicates otherwise.
(1)
(No change.)
(2)
Drilling unit--The acreage assigned to a well
for
drilling purposes
[
(3) - (6)
(No change.)
(b) - (f)
(No change.)
(g)
Filing
[
(1)
Application. An application for permit to drill shall include
the fees required in §3.78 of this title (relating to Fees, Performance
Bonds, and Alternate Forms of Financial Security Required To Be Filed) and
shall be certified by
a
[
(2)
Plat. When filing an application for an
exception to the density requirements of this section, in addition to the
plat requirements in §3.5 of this title (relating to Application to Drill,
Deepen, Reenter, or Plug Back) (Statewide Rule 5), the applicant shall attach
to each copy of the application a plat that:
(A)
depicts the lease, pooled unit, or unitized tract, showing
thereon the acreage assigned to the drilling unit for the proposed well and
the acreage assigned to all current applied for, permitted, or completed oil,
gas, or oil and gas wells in the same field or reservoir which are located
within the lease, pooled unit, or unitized tract;
(B)
on large leases, pooled units, or unitized tracts, if the
established density is not exceeded as shown on the face of the application
outlines the acreage assigned to the well for which the permit is sought and
the immediately adjacent wells on the lease, pooled unit, or unitized tract;
(C)
on leases, pooled units, or unitized tracts from which
production is secured from more than one field, outlines the acreage assigned
to the wells in each field that is the subject of the current application;
(D)
corresponds to the listing required under subsection (g)(1)(A)
of this section.
(E)
is certified by a person acquainted with the facts pertinent
to the application that the plat is accurately drawn to scale and correctly
reflects all pertinent and required data.
[(2)
Plat. The required plat must depict the
lease, pooled unit, or unitized tract, showing thereon the acreage assigned
to the drilling unit for the proposed well and the acreage assigned to all
current applied for, permitted, or completed wells on the lease, pooled unit,
or unitized tract. A permit to drill a well for oil, gas, or geothermal resource
will not be granted until such plat has been attached to and made a part of
such form.]
[(A)
On large leases, pooled units, or unitized tracts, if
the established density is not exceeded as shown on the fact of the form,
a plat will suffice that depicts the acreage assigned to the well for which
the permit is sought and to the immediately adjacent wells on the lease, pooled
unit, or unitized tract.]
[(B)
On plats of leases, pooled units, or unitized tracts from
which production is secured from more than one field, the plat shall depict
the acreage assigned to the wells in each field that is the subject of the
current application.]
(3)
Substandard acreage. An application for a permit to drill
on a lease, pooled unit, or unitized tract composed of substandard acreage
must include a certification in a prescribed form indicating the date the
lease, or the drillsite tract of a pooled unit or unitized tract, took its
present size and shape.
(4)
Surplus acreage. An application for permit to drill on
surplus acreage pursuant to subsection (c) of this section must include a
certification in a prescribed form indicating the date the lease, pooled unit,
or unitized tract took its present size and shape.
(h) - (i)
(No change.)
§3.78.Fees, Performance Bonds and Alternate Forms of Financial Security Required To Be Filed.
(a)
(No change.)
(b)
Filing fees. The following filing fees are required to
be paid to the Railroad Commission.
(1)
(No change.)
(2)
An application for a permit to drill,
deepen, plug back, or reenter a well will be considered materially amended
if the amendment is made for a purpose other than:
(A)
to add omitted required information;
(B)
to correct typographical errors; or
(C)
to correct clerical errors.
[(2)
An application will be considered materially
amended if the amendment requires the issuance of a new permit. A materially
amended application includes an application in which an additional field or
a change in location or field is sought for a previously permitted well. However,
if a new application and/or permit becomes necessary because of commission
action, the fee may be waived.]
(3) - (12)
(No change.)
(c) - (r)
(No change.)
§3.80.Commission Forms and Filing Requirements.
(a)
Forms. Forms required to be filed at the commission will
be those prescribed by the commission. The commission may revise any forms,
at its discretion, without having a rulemaking proceeding if the revisions
do not result in any substantive changes to the forms. A complete set of all
commission forms required to be filed at the commission will be kept by the
commission secretary. Notice of any new or amended forms shall be issued by
the commission.
(b)
Definitions. The following words and terms, when used in
this section, shall have the following meanings, unless the context clearly
indicates otherwise.
(1)
Commission--The Railroad Commission of Texas.
(2)
Position of ownership or control--A person holds a position
of ownership or control in an organization if the person is:
(A)
an officer or director of the organization;
(B)
a general partner of the organization;
(C)
the owner of an organization which is a sole proprietorship;
(D)
the owner of more than a 25 percent ownership interest
in the organization; or
(E)
the designated trustee of the organization.
(3)
Violation--Non-compliance with a statute, commission rule,
order, license, permit, or certificate relating to safety or the prevention
or control of pollution.
(4)
Electronic filing--An electronic transmission to the commission
in the prescribed form and format authorized by the commission.
(5)
Organization--Any person, firm, partnership, joint stock
association, corporation, or other organization, domestic or foreign, operating
wholly or partially within this state, acting as principal or agent for another,
for the purpose of performing operations within the jurisdiction of the commission.
(c)
Organization eligibility. The commission may not accept
an organization report or an application for a permit, or approve a certificate
of compliance if:
(1)
the organization that submitted the report, application,
or certificate violated a statute or commission rule, order, license, certificate,
or permit that relates to safety or the prevention or control of pollution;
or
(2)
any person who holds a position of ownership or control
in the organization has, within the five years preceding the date on which
the report, application, or certificate is filed, held a position of ownership
or control in another organization, and during that period of ownership or
control the other organization violated a statute or commission rule, order,
license, permit, or certificate that relates to safety or the prevention or
control of pollution.
(d)
Violations. An organization has committed a violation if
there is either a commission order against an organization finding that the
organization has committed a violation and all appeals have been exhausted
or an agreed order entered into by the commission and an organization relating
to an alleged violation, and:
(1)
the conditions that constituted the violation or alleged
violation have not been corrected;
(2)
all administrative, civil and criminal penalties, if any,
relating to the violation or agreed settlement relating to an alleged violation
have not been paid; or
(3)
all reimbursements of costs and expenses, if any, assessed
by the commission relating to the violation or to the alleged violation have
not been collected.
(e)
Requirements for electronic filing under the Electronic
Compliance and Approval Process (ECAP). An organization may submit to the
commission an electronic filing pursuant to the Electronic Compliance and
Approval Process if:
(1)
the organization and the commission have executed a Master
Electronic Filing Agreement;
(2)
the commission has authorized the electronic filing in
a prescribed form and format as identified in Supplement 1 to the Master Electronic
Filing Agreement;
(3)
the organization has filed a Security Administrator Designation
with the commission; and
(4)
the organization pays all required filing fees.
(f)
Requirements for electronic filing under the Electronic
Data Interchange (EDI) program. An organization may submit an electronic filing
with the commission pursuant to the Electronic Data Interchange program if:
(1)
the organization has executed a Master Electronic Filing
Certification;
(2)
the commission has authorized the electronic filing in
a prescribed form and format under the Electronic Data Interchange program;
and
(3)
the organization and any authorized agent comply with all
provisions published by the commission for electronic filings.
(g)
Other electronic transmissions. The commission may at its
discretion accept written notice electronically transmitted.
§3.86.Horizontal Drainhole Wells.
(a) - (e)
(No change.)
(f)
Drilling applications and required reports.
(1)
Application. Any intent to develop a new or existing well
with horizontal drainholes must be indicated on the application to drill.
An application for a permit to drill a horizontal drainhole shall include
the fees required by Statewide Rule 78, §3.78 of this title (relating
to Fees, Performance Bonds, and Alternate Forms of Financial Security Required
To Be Filed), and shall be certified by a person acquainted with the facts,
stating that all information in the application is true and complete to the
best of that person's knowledge [
(2)
Drilling unit plat. The application to
drill a horizontal drainhole shall be accompanied by a plat.
(A)
In addition to the plat requirements provided for in §3.5
of this title (relating to Application to Drill, Recomplete, or Reenter) (Statewide
Rule 5), the plat shall include:
(i)
the lease, pooled unit, or unitized tract, showing the
acreage assigned to the drilling unit for the proposed well and the acreage
assigned to the drilling units for all current applied for, permitted, or
completed oil, gas, or oil and gas wells on the lease, pooled unit, or unitized
tract;
(ii)
the surface location of the proposed horizontal drainhole
well, and the proposed path, penetration points, and terminus locations of
all drainholes;
(iii)
two perpendicular lines from the nearest point on the
lease line, pooled unit line, or any unleased interest in a tract of the pooled
unit, depicting the distance(s) to:
(I)
the penetration point(s); and
(II)
the terminus location(s);
(iv)
perpendicular lines providing the distance in feet from
the two nearest non-parallel survey lines to the terminus location(s);
(v)
a line providing the distance in feet from the closest
point along the horizontal course(s) of the drainhole(s) to the nearest point
on the lease line, pooled unit line, or unitized tract line. If there is an
unleased interest in a tract of the pooled unit that is nearer than the pooled
unit line, the nearest point on that unleased tract boundary shall be used;
and
(vi)
lines from the nearest oil, gas, or oil and gas well,
applied for, permitted or completed in the same lease or pooled unit and in
the same field and reservoir depicting the distance to:
(I)
the penetration point(s);
(II)
the closest point along the horizontal course(s) of the
drainhole(s); and
(III)
the terminus location(s).
(B)
An amended drilling permit application and plat shall be
filed after completion of the horizontal drainhole well if the commission
determines that the drainhole as drilled is not reasonable with respect to
the drainhole represented on the plat filed with the drilling permit application.
[(2)
Drilling Unit Plat. The required plat
must depict the lease, pooled unit or unitized tract, showing the acreage
assigned to the drilling unit for the proposed well and the acreage assigned
to the drilling units for all current applied for, permitted or completed
wells on the lease, pooled unit or unitized tract, the surface location of
the proposed horizontal drainhole well, and the proposed path, penetration
point, and terminus of all drainholes. An amended drilling application permit
and plat shall be filed after completion of the horizontal drainhole well
if the commission determines that the drainhole as drilled is not reasonable
with respect to the drainhole represented on the plat filed with the drilling
permit application.]
(3) - (4)
(No change.)
(g)
(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 6, 2001.
TRD-200101329
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: April 22, 2001
For further information, please call: (512) 475-1295
16 TAC §3.70
(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 Commission proposes the repeal of §3.70
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 in Texas and the authority to adopt
all necessary rules for governing and regulating persons and their operations
under the jurisdiction of the Commission.
The Texas Natural Resources Code, §§81.051, 81.052, 85.202(a)(1),
88.011, 91.101(4), and 92.001-92.007, are affected by the proposed repeal.
Issued in Austin, Texas, on March 6, 2001.
§3.70.Commission Forms Required to be Filed.
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 6, 2001.
TRD-200101328
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: April 22, 2001
For further information, please call: (512) 475-1295
Subchapter A. GENERAL REQUIREMENTS
16 TAC §§9.2, 9.3, 9.8, 9.10, 9.51 - 9.54
The Railroad Commission of Texas proposes amendments to §§9.2,
9.3, 9.8, 9.10, 9.51, 9.52, 9.53, and new §9.54, relating to Definitions;
LP-Gas Report Forms; Application for a New Certificate; Rules Examination;
General Requirements for Training and Continuing Education; Training and Continuing
Education Courses; Continuing Education Credit for Previous Courses; and Commission-Approved
Outside Instructors. The main purpose of the rulemaking is to propose new §9.54
which establishes requirements for individuals who wish to be approved as
outside instructors to offer training or continuing education courses approved
by the Commission for Commission training or continuing education credit.
The Commission has determined that applicants for outside instructors must
hold a current Category E certification because this certification authorizes
the widest number of LP-gas activities and the Commission believes that outside
instructors should be knowledgeable and experienced in LP-gas activities.
The outside instructor application includes a $300 registration fee which
covers the applicable subject- matter course examinations, the train-the-trainer
course, and administrative review of curriculum, credentials, and any other
investigation or review that may be necessary.
The proposed new rule was published in the September 29, 2000, issue of
the
Texas Register
as part of the Commission's
proposed repeals and new sections for 16 TAC Chapter 9. That rulemaking, which
was adopted effective February 1, 2001, added requirements for certain applicants
for LP-gas certificates and certain current LP-gas certificate holders to
attend training or continuing education, respectively, in order to obtain
or maintain those certificates. Proposed new §9.54 was withdrawn from
the adoption because changes the Commission wanted to make to the rule were
outside the scope of the notice in that rulemaking.
During the original public comment period, the Texas Propane Gas Association
(TPGA) suggested that outside instructor applicants also be required to attend
the Commission's individual subject matter courses (in addition to the "Train-the-Trainer"
course) and to pass the subject-matter examinations with a score of at least
85 percent rather than 75 percent. The Commission agreed with this suggestion
and proposes this new version.
TPGA also suggested that outside instructors be required to attend a Commission-taught
renewal course whenever a new edition of NFPA 54 or NFPA 58 is adopted by
the Commission. The Commission agreed this would be preferable, but due to
staff and budget constraints, the Commission cannot offer renewal courses
for outside instructors at this time. Currently, the Commission has four instructors
to provide the training and continuing education for the approximately 10,000
certified individuals currently in the LP-gas industry in Texas. The Commission
has attempted to clarify, in this version of §9.54, the duties of outside
instructors to remain knowledgeable about the Commission's requirements.
TPGA had also commented that the $300 application fee for outside instructors
be changed to $100. The Commission disagreed with that comment and has retained
the $300 fee in this version of the rule. This application fee includes curriculum
and qualification review by three Commission employees, plus the Train-the-Trainer
course, plus the subject matter examinations for the subject the outside instructor
applicant wishes to teach. Therefore, the Commission has determined that this
is a reasonable fee at this time.
The Commission also proposes amendments to §§9.2, 9.3, 9.8, 9.10,
9.51, 9.52, and 9.53 to clarify some issues with regard to training and continuing
education. In §§9.2, 9.3, and 9.51(g), the title of the Pipeline
and LP-Gas Safety Section is being changed to the LP-Gas Safety Section due
to a recent reorganization in the Gas Services Division. The amendments to §9.8
add new subsection (b) to address requirements for an employee who wants to
pursue a management-level certificate. The examination fee language in §9.10(a)(3)(D)
is being corrected to clarify that the examination fee is not included in
the Category E or I course fee as stated in §9.51(f)(2)(A). In §9.52,
language is being added to subsection (a) to clearly specify that certain
new employees must attend at least eight hours of training. The table in §9.52(g)
is being revised to clarify the dates of previous and new Commission courses,
to clarify the class hours for the Train-the-Trainer course, and to add a
new CETP course for large industrial/commercial installations. Reference to
the new CETP course is also being added to §9.53(3).
Thomas D. Petru, Director of Training, Alternative Fuels Research and Education
Division, has determined that, for each year of the first five years that
the sections are proposed to be in effect, there will be no fiscal implications
for state or local governments.
Mr. Petru has also determined that, for each year of the first five years
the sections are proposed to be in effect, the public benefit anticipated
as a result of enforcing the sections as proposed will be more options for
individuals in the LP-gas industry to obtain required training and continuing
education. The ultimate public benefit is enhanced safety in LP-gas activities.
There is an anticipated economic cost to individuals, small businesses,
or micro-businesses required to comply with proposed new §9.54 should
they wish to become an outside instructor. This cost includes the $300 registration
fee to be paid to the Commission and a $150 renewal fee due once every three
years. If an outside instructor revises any previously approved curricula,
the outside instructor must pay a $100 review fee as outlined in §9.54(i).
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. Comments will be accepted for 30 days after publication
in the
Texas Register
and should refer to
LP-Gas Docket No. 1661. For more information, call Thomas D. Petru at (512)
463-6930.
The new section and 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
the published codes of nationally recognized societies, including the National
Fire Protection Association.
The Texas Natural Resources Code, §§113.051 and 113.052, are
affected by the proposed new section and amendments.
Issued in Austin, Texas on March 6, 2001.
§9.2.Definitions.
In addition to the definitions in any adopted NFPA pamphlets, the following
words and terms, when used in this chapter, shall have the following meanings,
unless the context clearly indicates otherwise.
(1) - (3)
(No change.)
(4)
Assistant director--The assistant director of the [
(5) - (46)
(No change.)
§9.3.LP-Gas Report Forms.
Under the provision of the Texas Natural Resources Code, Chapter 113,
the Railroad Commission of Texas has adopted the following forms for use by
the [
(1) - (37)
(No change.)
§9.8.Application for a New Certificate.
(a)
An applicant for a new certificate shall:
(1)
file with the Commission a properly completed LPG Form
16 and the applicable rules examination fee specified in §9.10 of this
title (relating to Rules Examination);
(2)
pass the applicable rules examination with a score of at
least 75%; and
(3)
complete any required training and AFT in §9.51 and §9.52
of this title (relating to General Requirements for Training and Continuing
Education; and Training and Continuing Education Courses).
(b)
An individual who holds an
employee-level certificate who wishes to obtain a management-level certificate
shall comply with the requirements of this section, including training and
fees.
§9.10.Rules Examination.
(a)
An individual who has filed LPG Form 16 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.
(1) - (2)
(No change.)
(3)
Exam fees.
(A) - (C)
(No change.)
(D)
Individuals who register and pay for a Category E or I
training course as specified in §9.51(e)(2)(A) of this title (relating
to General Requirements for Training and Continuing Education) shall
pay the charge specified for the applicable examination
[
(b) - (c)
(No change.)
§9.51.General Requirements for Training and Continuing Education.
(a) - (f)
(No change.)
(g)
Retention of records. Individual employees shall be responsible
for promptly notifying the AFRED training section of any discrepancies or
errors in the training or continuing education records, and shall notify the
[
§9.52.Training and Continuing Education Courses
(a)
Training. Applicants for a new license or certificate listed
in this subsection,
other than Category E or I management- level individuals
and
except as stated in paragraph (4) of this subsection, shall
attend at least eight hours of training prior to their first certificate renewal
deadline of May 31 the following year. Applicants for Category E or I management-level
shall attend the course or courses specified for the category
[
(1) - (4)
(No change.)
(b) - (f)
(No change.)
(g)
Training and continuing education courses and other information
are shown in Table 1 of this subsection. Items on the table marked with an
"x" indicate courses that meet training or continuing education requirements
for management-level or employee-level certificate holders in that category.
Figure: 16 TAC §9.52(g)
§9.53.Continuing Education Credit for Previous Courses.
An individual who is a current and valid certificate holder as of March
1, 2001, may receive credit toward the first continuing education requirement
randomly assigned by the Commission as described in §9.52(b) of this
title (relating to Training and Continuing Education Courses) if the individual
completed one or more of the following:
(1) - (2)
(No change.)
(3)
CETP courses. An individual who has attended a CETP course
on or after September 1, 1997, shall receive credit as shown in the table
in §9.52(g) if the course applies directly to the LP-gas activities authorized
by the individual's certificate. Individuals wishing to receive credit for
a CETP course shall submit to the AFRED training section, in writing, the
individual's name, address, phone number, valid Social Security number, CETP
course date, and a copy of the CETP certificate for an equivalent CETP course
as follows:
(A) - (E)
(No change.)
(F)
Appliance Installation; [
(G)
Appliance Service
; or
[
(H)
Large Industrial/Commercial.
§9.54.Commission-Approved Outside Instructors.
(a)
General.
(1)
The Commission may approve and award continuing education
credit or new employees' training credit for courses offered by an outside
instructor provided the outside instructor complies with the requirements
of this section.
(2)
LP-gas companies may offer courses to their own personnel
and to other companies' personnel provided that the LP-gas company and the
outside instructor comply with the requirements of this section.
(3)
All curriculum and course materials submitted for Commission
review by an outside instructor applicant shall be printed or typewritten,
organized, and easily readable, and shall remain confidential within the limits
of Tex. Gov't Code, Chapter 552 (Public Information Act).
(4)
Copies of the Commission's curricula and materials are
available from the Commission at a reasonable cost.
(b)
Application process. Outside instructor applicants shall
submit the following to the Commission:
(1)
a non-refundable $300 registration fee for each outside
instructor;
(2)
a copy of the applicant's Category E current certification
card;
(3)
for each course the outside instructor applicant intends
to teach:
(A)
the curriculum for and a description of the course;
(B)
the course materials and related supporting information
or a statement that the instructor will use the Commission's course materials;
(C)
a statement specifying whether the outside instructor seeks
approval to certify any AFT described in §9.52 of this title (relating
to training and continuing education courses);
(4)
proof that the outside instructor applicant has experience,
during at least three of the four years prior to the date of filing the application,
in both:
(A)
conducting LP-gas training or continuing education courses
and
(B)
performing or supervising LP-gas activities; and
(5)
any other information required by this section.
(c)
Curriculum standards. The curriculum for each course that
an outside instructor applicant intends to teach shall include, where applicable,
information that is at least the equivalent of the Commission's course or
courses on the same topic or topics, and shall include all applicable current
LP-gas regulations for Texas. Courses not offered by the Commission may be
approved if the courses are equal or greater in overall quality to other approved
courses.
(d)
Commission review. The Commission shall review the application
for approval as an outside instructor and, within 14 business days of the
filing of the application, shall notify the applicant in writing that the
application is approved, denied, or incomplete. If an application is incomplete,
the Commission's notice of deficiency shall identify the necessary additional
information, including any deficiencies in course materials. The outside instructor
applicant shall file the necessary additional information within 30 calendar
days of the date of the Commission's notice of deficiency. The outside instructor
applicant's failure to file the necessary additional information within the
prescribed time period may result in the dismissal of the outside instructor's
application and the necessity of the outside instructor applicant again paying
the non-refundable $300 registration fee for each subsequent filing of an
application.
(e)
Additional requirements for approval. Outside instructor
applicants whose applications are approved in writing by the Commission shall
attend the Commission's Train-the-Trainer Course, the fee for which is included
in the $300 registration fee. The Train-the-Trainer Course shall include classroom
instruction and the subject-matter examinations for each course for which
the applicant seeks approval to conduct. An outside instructor applicant shall
pass the subject-matter examination for each course with a score of at least
85 percent and shall attend the subject-matter courses for which the applicant
seeks approval to conduct.
(f)
Notification of approval. Within 10 business days of the
outside instructor applicant's completion of the requirements of this section,
the Commission shall notify the applicant in writing that the applicant is
approved as an outside instructor and the outside instructor may then begin
offering the courses for which the Commission approved the outside instructor.
(g)
Term of approval. Commission approval of an outside instructor
remains valid for three years unless the Commission revokes the approval pursuant
to subsection (l) of this section.
(h)
Renewal of approval. To continue offering Commission- approved
LP-gas courses, an outside instructor shall renew his or her Commission approval
every three years by paying a $150 renewal fee to the Commission. An outside
instructor who is renewing his or her approval shall not be required to attend
the Train-the-Trainer Course again, provided that the outside instructor has
conducted at least one Commission-approved LP-gas course within the 12 months
immediately prior to the month in which a renewal would become effective.
(i)
Revision of course materials. An outside instructor who
substantively revises any course materials previously approved by the Commission
shall submit the revisions in writing, along with a $100 review fee to the
Commission, and shall not use the materials in a course until the outside
instructor has received written Commission approval. The Commission shall
review the revised course materials and, within 14 business days, shall notify
the outside instructor in writing that the revised course materials are approved
or not approved. If the revised course materials are not approved, the Commission's
notice shall identify the portion or portions that are not approved and/or
shall describe any deficiencies in the revised course materials. The outside
instructor shall file any necessary additional information within 30 calendar
days of the date of the Commission's notice of disapproval. The outside instructor's
failure to file the necessary additional information within the prescribed
time period may result in the dismissal of the outside instructor's request
for approval of revised course materials and the necessity of again paying
the $100 review fee for each subsequent filing of revised course materials.
(j)
Continuing requirements. Outside instructors shall:
(1)
maintain their Category E certificate in continuous good
standing. Any interruption of the required Category E certification may result
in the Commission revoking the outside instructor's approval;
(2)
adhere to professional standards of conduct in course presentations;
and
(3)
report to the Commission within three business days of
the conclusion of a course the names, social security numbers, and any other
information required by the Commission, of the persons completing the course.
The report shall be made by electronic mail (e-mail) in an electronic format
provided by the Commission. The outside instructor shall ensure that the Commission
receives the report by securing written acknowledgment of its receipt by the
Commission. This acknowledgement may be by return electronic mail (e-mail).
(k)
Disclaimer. Outside instructors are responsible for every
aspect of the courses they teach, including the location, schedule, date,
time, duration, price, content, material, demeanor and conduct of the outside
instructor, and reporting of attendance information. The Commission shall
not monitor or supervise the actual course presentations by outside instructors.
The Commission is not obligated to gather, maintain, or distribute information
about outside instructors' course offerings, other than the names, telephone
numbers, and addresses of approved outside instructors and the date on which
an outside instructor's approval would expire, absent renewal. The Commission
may refuse to issue or renew a certificate for an individual who presents
for Commission credit an unapproved course; a course taught by an unapproved
outside instructor; or a course taught using unapproved, incomplete, or incorrect
materials.
(l)
Complaints.
(1)
Complaints regarding outside instructors shall be made
to the Commission in writing by electronic mail (e-mail), facsimile transmission
(fax), or U. S. Postal Service; shall include the printed name, address, telephone
number, and, if filed by fax or U.S. Postal Service, the signature of the
person complaining; shall state the outside instructor's name, the date, location,
and title of the course; and shall set forth the facts that the complainant
alleges demonstrate that the outside instructor:
(A)
failed to meet or maintain Commission requirements for
outside instructor approval;
(B)
failed to deliver a course as approved, including failure
to follow the approved curriculum, to use the approved course materials, or
to deliver the requisite numbers of hours of instruction; or
(C)
engaged in other conduct, including the use of language,
that created an atmosphere not conducive to learning. Such conduct includes
but is not limited to demeaning, derogating, or stereotyping women or men,
disabled persons, members of any political, religious, racial, or ethnic group,
or a particular individual, organization, or product.
(2)
Upon receipt of a complaint and at its discretion, the
Commission may gather any additional information necessary or appropriate
to making a full and complete analysis of the complaint. The Commission shall
deliver a written copy of the analysis and any findings by certified mail
to the outside instructor who is the subject of the complaint. The outside
instructor may file a written response within 20 calendar days from the date
the findings are postmarked.
(3)
If the Commission determines that an outside instructor
has engaged in conduct prohibited by this section, the Commission may prepare
a report that states the facts on which the determination is based and the
recommendation as to the action the Commission intends to take. The Commission
may issue a written warning to the outside instructor; decline to approve
or renew the outside instructor's approval; or revoke the outside instructor's
approval.
(4)
The Commission shall mail a copy of the report and recommendation
to the outside instructor by certified mail and shall include a statement
that the outside instructor has a right to a hearing on the determination
contained in the report.
(5)
Within 20 calendar days after the date the notice is postmarked,
the outside instructor shall file a written response either accepting the
determination and recommended action or requesting a hearing on the determination.
(6)
If the outside instructor accepts the determination, he
or she shall notify the Commission in writing of the acceptance, and the Commission
shall take the action indicated in the report.
(7)
If an outside instructor requests a hearing or fails to
respond timely to the notice given under paragraph (5) of this subsection,
the director shall refer the matter to the Office of General Counsel for the
setting of a hearing. The Office of General Counsel shall assign an examiner
to conduct a hearing, which shall be conducted under the Commission's General
Rules of Practice and Procedure, Chapter 1 of this title (relating to Practice
and Procedure).
(8)
Following hearing, the Commission may enter an order finding
that the outside instructor has violated Commission rules or that no violation
has occurred; and may make any other finding based on the evidence in the
record.
(9)
If the outside instructor does not comply with the order
of the Commission, and if the enforcement of the Commission's order is not
stayed, then the Office of General Counsel may refer the matter to the attorney
general for enforcement of the Commission's order.
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 6, 2001.
TRD-200101347
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: April 22, 2001
For further information, please call: (512) 475-1295
The Railroad Commission of Texas proposes amendments to 16 TAC §§12.80,
relating to Procedures: Initial Processing, Record Keeping, and Notification
Requirements; 12.385, relating to Backfilling and Grading: General Grading
Requirements; 12.552, relating to Backfilling and Grading: General Grading
Requirements; and 12.651, relating to Coal Processing Plants: Performance
Standards. The commission proposes the amendments to maintain consistency
with federal regulations and to streamline the effectiveness of commission
rules.
The commission proposes to amend §12.80(a)(1) to reduce the number
of days, from 60 to 30 days from the date of receipt of petition, within which
the commission must notify a petitioner of petition completeness. This amendment
is proposed to parallel federal regulation 30 CFR §764.15(a)(1), relating
to initial processing, record-keeping, and notification requirements.
The commission proposes to amend §12.80(a) to remove paragraph (3),
which states that the commission may reject frivolous petitions for designation
or petitions for termination of designations, that no party bears the burden
of proof, and that each petition shall be considered and acted upon by the
commission. The commission proposes to remove this paragraph to streamline
the effectiveness of commission rules and to parallel the federal regulation
30 CFR §764.15(a)(1), relating to initial processing, record-keeping,
and notification requirements.
The commission proposes to amend §12.80(a)(4) to add that a petition
can be determined to be frivolous if available information shows that either
no mineable coal resources exist in the petitioned area or the petitioned
area is not or could not be subject to related surface coal mining operations
and surface impacts incident to an underground coal mine or an adjoining surface
mine. This language is proposed to parallel federal regulations dealing with
designation of federal lands as unsuitable for coal mining, 30 CFR §769.140(a)(3)(ii),
relating to initial processing, record-keeping, and notification requirements.
The commission proposes nonsubstantive amendments to §§12.80(a)(4)
through (a)(7) by redesignating them as §§12.80(a)(3) through (a)(6).
The commission proposes to remove §12.80(b)(2) that states the commission
may provide for a hearing or period of written comments on completeness of
the petition. This proposal is to streamline the effectiveness of commission
rules and to parallel the federal regulation 30 CFR §764.15(a)(1), relating
to initial processing, record-keeping, and notification requirements.
The commission proposes a nonsubstantive amendment to §12.80(b)(3)
by redesignating it as (b)(2).
The commission proposes to amend §12.385(a) by deleting the provisions
that pertain to performance standards for backfilling and grading of previously
mined land. This amendment is required by the Office of Surface Mining Reclamation
and Enforcement, United States Department of Interior (OSM).
The commission proposes to add new §12.385(e) to include provisions
for backfilling and grading of previously mined areas that are substantially
identical to the corresponding federal regulation 30 CFR §816.106, relating
to backfilling and grading: previously mined areas. This addition is required
by OSM.
The commission proposes to amend §12.552(a) by deleting the provisions
that pertain to performance standards for backfilling and grading on previously
mined land. This amendment is required by OSM.
The commission proposes to add new §12.552(e) to include provisions
for backfilling and grading of previously mined areas that are substantially
identical to the corresponding federal regulation 30 CFR §817.106, relating
to backfilling and grading: previously mined areas. This addition is required
by OSM.
The commission proposes to amend §12.651(13) to add reference citations
to §§12.224 through 12.338, relating to proper topsoil handling.
This amendment is required by OSM.
Melvin Hodgkiss, Director, Surface Mining and Reclamation Division, has
determined that, during each year of the first five years the proposed amendments
are in effect, there will likely be no fiscal impacts to state government
associated with the proposed amendments to regulations concerning the remining
of previously mined lands or proposed amendments to procedures for processing
of petitions for designation of lands as unsuitable for mining. The proposed
amendments to the latter should have the effect of streamlining the decision
process, allowing the commission to issue decisions on petitions in a shorter
time period. Mr. Hodgkiss has also determined that, during each year of the
first five years the proposed amendments are in effect, there will be no discernable
fiscal impacts to local governments as a result of their adoption.
Mr. Hodgkiss has also determined that the public benefit from adoption
of the proposed amendments will be increased accuracy in the rules due to
addition or correction of internal cites, clarity of descriptions and continued
compliance with OSM requirements.
Mr. Hodgkiss has determined that for each year of the first five years
the amendments are in effect there will be no increased costs of compliance
with the amended rules. These rule amendments are largely housekeeping measures
that are anticipated to have virtually no practical effect in Texas, but which
will keep the Texas program in compliance with OSM requirements.
The commission has not requested a local employment impact statement pursuant
to Texas Government Code, §2001.022(b).
Comments on these proposed amendments should be submitted to Melvin Hodgkiss,
Director, Surface Mining and Reclamation Division, Railroad Commission of
Texas, P.O. Box 12967, Austin, Texas 78711-2967 or via electronic mail at
melvin.hodgkiss@rrc.state.tx.us. Comments will be accepted until 5:00 p.m.
on the 30th day after publication in the
Texas Register
. For further information, please call Mr. Hodgkiss at (512) 463-6901.
Subchapter F. LANDS UNSUITABLE FOR MINING
4.
PROCESS FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS
16 TAC §12.80
The commission proposes the amendments under Texas Natural
Resources Code §134.013, which provides the commission the authority
to promulgate rules pertaining to surface coal mining operations.
Texas Natural Resources Code, §134.013, is affected by the proposed
amendments.
Issued in Austin, Texas, on March 6, 2001.
§12.80.Procedures: Initial Processing, Record Keeping, and Notification Requirements.
(a)
Initial processing procedures.
(1)
Within
30
[
(2)
The Commission shall determine whether any identified coal
resources exist in the area covered by the petition, without requiring any
showing from the petitioner. If the Commission finds there are not any identified
coal resources in that area, it shall return the petition to the petitioner
with a statement of the findings.
[
The Commission may reject
petitions for designations or terminations of designations which are frivolous.
Once the petition requirements for completeness are met, no party shall bear
any burden of proof, but each accepted petition shall be considered and acted
upon by the Commission pursuant to the procedures of this subchapter (relating
to Lands Unsuitable for Mining).]
(3)
[
(4)
[
(5)
[
(6)
[
(b)
Public notice and hearing procedures.
(1)
Promptly after a petition is received, the Commission shall
notify the general public of the receipt of the petition by a newspaper advertisement
placed in the locale of the area covered by the petition. The notice shall
be published in the county newspaper of the largest circulation in the county,
for each county of the petitioned area and in the
Texas Register
. The Commission shall make copies of the petition available
to the public and shall provide copies of the petition to other interested
governmental agencies, intervenors, persons with an ownership interest of
record in the property, and other persons known to the Commission to have
an interest in the property. Proper notice to persons with an ownership interest
of record in the property shall comply with the requirements of applicable
State law.
[
The Commission may provide
for a hearing or a period of written comments on completeness of petitions.
If a hearing or comment period on completeness is provided, the Commission
shall inform interested governmental agencies, intervenors, persons with an
ownership interest of record in the property, and other persons known to the
Commission to have an interest in the property of the opportunity to request
to participate in such a hearing or provide written comments. Proper notice
to persons with an ownership interest of record in the property shall be accomplished
by placing a postage paid notice, addressed as shown in the public record,
in the U.S. Mail. Notice of such a hearing shall be made by a newspaper advertisement
placed in the locale of the area covered by the petition. The notice shall
be published in the county newspaper of the largest circulation in the county,
for each county of the petitioned area and in the
Texas Register
. The Commission shall notify the petitioner of such
a hearing by certified mail. On the basis of the Commission's review, as well
as consideration of all comments, the Commission shall determine whether the
petition is complete.]
(2)
[
(c) - (d)
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 6, 2001.
TRD-200101356
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: April 22, 2001
For further information, please call: (512) 475-1295
2.
PERMANENT PROGRAM PERFORMANCE STANDARDS - SURFACE MINING ACTIVITIES
16 TAC §12.385
The commission proposes the amendments under Texas Natural
Resources Code §134.013, which provides the commission the authority
to promulgate rules pertaining to surface coal mining operations.
Texas Natural Resources Code, §134.013, is affected by the proposed
amendments.
Issued in Austin, Texas, on March 6, 2001.
§12.385.Backfilling and Grading: General Grading Requirements.
(a)
The final graded slopes shall not exceed in grade either
the approximate premining slopes, or any lesser slopes approved by the Commission
based on consideration of soil, climate, or other characteristics of the surrounding
area. Postmining final graded slopes need not be uniform but shall approximate
the general nature of the premining topography. [
(1) - (2)
No change.
(b) - (d)
No change.
(e)
Backfilling and grading of
previously mined areas shall be subject to the following requirements:
(1)
remining operations on previously mined areas
that contain a preexisting highwall shall comply with the requirements of §12.384
of this title (relating to Backfilling and Grading: General Requirements),
this section, and §§12.386-12.388 of this title (relating to Backfilling
and Grading: Covering Coal and Acid- and Toxic-Forming Materials, to Backfilling
and Grading: Thin Overburden, and to Backfilling and Grading: Thick Overburden),
except as provided in this subsection; and
(2)
the requirements of §12.384(b)(1) requiring
the elimination of highwalls shall not apply to remining operations where
the volume of all reasonably available spoil is demonstrated in writing to
the Commission to be insufficient to completely backfill the reaffected or
enlarged highwall. The highwall shall be eliminated to the maximum extent
technically practical in accordance with the following criteria:
(A)
all spoil generated by the remining operation
and any other reasonably available spoil shall be used to backfill the area.
Reasonably available spoil in the immediate vicinity of the remining operation
shall be included within the permit area;
(B)
the backfill shall be graded to a slope which
is compatible with the approved postmining land use and which provides adequate
drainage and long-term stability;
(C)
any highwall remnant shall be stable and not
pose a hazard to the public health and safety or to the environment. The operator
shall demonstrate, to the satisfaction of the Commission, that the highwall
remnant is stable; and
(D)
spoil placed on the outslope during previous
mining operations shall not be disturbed if such disturbances will cause instability
of the remaining spoil or otherwise increase the hazard to the public health
and safety or to the environment.
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 6, 2001.
TRD-200101357
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: April 22, 2001
For further information, please call: (512) 475-1295
16 TAC §12.552
The commission proposes the amendments under Texas Natural
Resources Code §134.013, which provides the commission the authority
to promulgate rules pertaining to surface coal mining operations.
Texas Natural Resources Code, §134.013, is affected by the proposed
amendments.
Issued in Austin, Texas, on March 6, 2001.
§12.552.Backfilling and Grading: General Grading Requirements.
(a)
The final graded slopes shall not exceed in grade either
the approximate premining slopes, or any lesser slopes approved by the Commission
based on consideration of soil, climate, or other characteristics of the surrounding
area. Postmining final graded slopes need not be uniform but shall approximate
the general nature of the premining topography. [
(1) - (2)
No change.
(b) - (d)
No change.
(e)
Backfilling and grading of
previously mined areas shall be subject to the following requirements:
(1)
remining operations on previously mined areas
that contain a preexisting highwall shall comply with the requirements of §12.551
of this title (relating to Backfilling and Grading: General Requirements),
this section, and §12.553 of this title (relating to Backfilling and
Grading: Covering Coal and Acid- and Toxic-Forming Materials), except as provided
in this subsection; and
(2)
the requirements of §12.551(b)(1) requiring
the elimination of highwalls shall not apply to remining operations where
the volume of all reasonably available spoil is demonstrated in writing to
the Commission to be insufficient to completely backfill the reaffected or
enlarged highwall. The highwall shall be eliminated to the maximum extent
technically practical in accordance with the following criteria:
(A)
all spoil generated by the remining operation
and any other reasonably available spoil shall be used to backfill the area.
Reasonably available spoil in the immediate vicinity of the remining operation
shall be included within the permit area;
(B)
the backfill shall be graded to a slope which
is compatible with the approved postmining land use and which provides adequate
drainage and long-term stability;
(C)
any highwall remnant shall be stable and not
pose a hazard to the public health and safety or to the environment. The operator
shall demonstrate, to the satisfaction of the Commission, that the highwall
remnant is stable; and
(D)
spoil placed on the outslope during previous
mining operations shall not be disturbed if such disturbances will cause instability
of the remaining spoil or otherwise increase the hazard to the public health
and safety or to the environment.
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 6, 2001.
TRD-200101358
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: April 22, 2001
For further information, please call: (512) 475-1295
16 TAC §12.651
The commission proposes the amendments under Texas Natural
Resources Code §134.013, which provides the commission the authority
to promulgate rules pertaining to surface coal mining operations.
Texas Natural Resources Code, §134.013, is affected by the proposed
amendments.
Issued in Austin, Texas, on March 6, 2001.
§12.651.Coal Processing Plants: Performance Standards.
Construction, operation, maintenance, modification, reclamation, and
removal activities at operations covered by §12.650 of this title (relating
to Applicability) and this section shall comply with the following:
(1) - (12)
No change.
(13)
reclamation shall include proper topsoil-handling procedures,
revegetation, and abandonment, in accordance with
§§12.334-12.338
of this title (relating to Topsoil: General Requirements, to Topsoil: Removal,
to Topsoil: Storage, to Topsoil: Distribution and to Topsoil: Nutrients and
Soil Amendments),
§12.354 of this title (relating to Hydrologic
Balance: Postmining Rehabilitation of Sedimentation Ponds), §§12.383-12.389
of this title (relating to Contemporaneous Reclamation, to Backfilling and
Grading: General Requirements, to Backfilling and Grading: General Grading
Requirements, to Backfilling and Grading: Covering Coal and Acid- and Toxic-
Forming Materials, to Backfilling and Grading: Thin Overburden, to Backfilling
and Grading: Thick Overburden, and to Stabilization of Surface Areas for Surface
Mining), §§12.390- 12.393 and 12.395 of this title (relating to
Revegetation: General Requirements, to Revegetation: Use of Introduced Species,
to Revegetation: Timing, to Revegetation: Mulching and Other Soil Stabilizing
Practices, and to Revegetation: Standards for Success) and §§12.397-12.399
of this title (relating to Cessation of Operations: Temporary, to Cessation
of Operations: Permanent, and to Postmining Land Use);
(14) - (15)
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 6, 2001.
TRD-200101359
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: April 22, 2001
For further information, please call: (512) 475-1295
Chapter 25.
SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS
Subchapter I. TRANSMISSION AND DISTRIBUTION
2.
TRANSMISSION AND DISTRIBUTION APPLICABLE TO ALL ELECTRIC UTILITIES
Permit requirements
]
for spacing, density, and units. An application for a permit to drill, deepen,
plug back, or reenter any oil well, gas well, or geothermal resource well
shall be made under the provisions of §§3.37, 3.38, 3.39, and/or
3.40 of this title (relating to Statewide Spacing Rule; Well Densities; Proration
and Drilling Units: Contiguity of Acreage and Exception Thereto; and Assignment
of Acreage to Pooled Development and Proration Units) (Statewide Rules 37,
38, 39, and 40), or as an exception thereto, or under special rules governing
any particular oil, gas, or geothermal resource field or as an exception thereto
and filed with the commission on a form approved by the commission. An application
must be accompanied by any relevant information, form, or certification required
by the Railroad Commission or a commission representative necessary to determine
compliance with this rule and state law.
appropriate
] form
or
electronically pursuant to procedures for electronic filings adopted by the
commission
for a permit to drill, deepen, plug back, or reenter any
oil well, gas well, or geothermal resource well.
(e)
] Commencement of operations.
Operations of drilling, deepening, plugging back, or reentering shall not
be commenced until the permit has been granted by the commission and the waiting
period, if any, has terminated, or authorization has been granted pursuant
to subsection
(d)
[
(f)
] of this section.
(f)
] Testing of existing wells
in other reservoirs inside the casing. For an existing well, an operator may
request authorization to commence operations to deepen inside the casing or
plug back prior to the granting of a permit to deepen or plug back.
filing
] with the district office [
a letter
of intent
] to deepen inside the casing or plug back. The
request
[
letter
] shall include:
letter of intent
] shall also
include a statement that all affected offsets have been given written notice
of the intent to test with the opportunity to witness the testing and the
offsets shall be identified on the plat.
signed the letter of intent
]. Testing pursuant
to this authorization shall be completed within 90 days from the date the
district office
approves the request
[
signs the letter of
intent
].
intent to test
]
signed by the district office and a statement that a permit to produce a tested
reservoir is not being sought, or if the well has been plugged and abandoned,
a plugging report including reservoir and perforation data. If a permit is
not obtained for the tested reservoirs and/or an allowable is not assigned,
the producer shall report all test production in the producer's monthly report
filed for the last permitted reservoir in which the well was completed and
may request authorization to sell the test production. The test production
may be sold after such authorization is granted.
(g)
] Exploratory and specialty
wells. An application for any exploratory well or cathodic protection well
that penetrates the base of the fresh water strata, fluid injection well,
injection water source well, disposal well, brine solution mining well, or
underground hydrocarbon storage well shall be made and filed with the commission
on a form approved by the commission. Operations for drilling, deepening,
plugging back, or reentering shall not be commenced until the permit has been
granted by the commission. For an exploratory well, an exception to filing
such form prior to commencing operations may be obtained if an application
for a core hole test is filed with the commission.
(i)
] Drilling permit fee. With
each application or materially amended application, the applicant shall submit
to the commission a nonrefundable fee as determined by §3.78 of this
title (relating to Fees, Performance Bonds, and Alternate Forms of Financial
Security Required To Be Filed) (Statewide Rule 78).
, and on the plat attached,
]
both the surface location of the well and [
the target area within which
] the
projected
bottom hole location
of the well
[
is to be made
].
On the plat, in addition to the plat requirements
provided for in §3.5 of this title (relating to Application to Drill,
Deepen, Reenter, or Plug Back) (Statewide Rule 5), the following shall be
included:
and that the accompanying plat is accurately drawn to scale and
correctly reflects all pertinent and required data
].
and outlined on the plat submitted with an application
to drill
].
General filing
] requirements.
some
] person acquainted with
the facts, stating that all information in the application is true and complete
to the best of that person's knowledge [
and that the accompanying plat
is accurately drawn to scale and correctly reflects all pertinent and required
data
].
and that the accompanying plat is accurately
drawn to scale and correctly reflects all pertinent and required data
].
Chapter 9.
LIQUEFIED PETROLEUM GAS DIVISION
Pipeline and
] LP-Gas Safety Section who is the Commission's delegate
responsible for the enforcement of the LP-Gas Safety Rules and the Texas Natural
Resources Code.
Pipeline and
] LP-Gas Safety Section of the Gas Services Division.
not be
charged a separate rules examination fee unless they wish to retake a rule
examination
].
Pipeline and
] LP-Gas Safety Section for discrepancies or errors
in examination records. In the event of a discrepancy, the Commission's records
shall be deemed correct unless the individual has copies of applicable documents
which clarify the discrepancy.
comply with the applicable training requirements as shown in Table 1 of this
section
].
or
]
.
]
Chapter 12.
COAL MINING REGULATIONS
60
] days of receipt of
a petition, the Commission shall notify the petitioner by certified mail whether
or not the petition is complete under §§12.79(b) or (c) of this
title (relating to Procedures: Petitions). Complete, for a designation or
termination petition, means that the information required under §§12.79(b)
or (c) of this title (relating to Procedures: Petitions) has been provided.
(3)
(4)
] If the Commission determines
that the petition is incomplete, frivolous, or that the petitioner does not
meet the requirement of §12.79(a) of this title (relating to Procedures:
Petitions), it shall return the petition to the petitioner with a written
statement of the reasons for the determination and the categories of information
needed to make the petition complete. A frivolous petition is one in which
the allegations of harm lack serious merit
or available information shows
that either no mineable coal resources exist in the petitioned area or the
petitioned area is not or could not be subject to related surface coal mining
operations and surface impacts incident to an underground coal mine or an
adjoining surface mine
.
(5)
] When considering a petition
for an area which was previously and unsuccessfully proposed for designation,
the Commission shall determine if the new petition presents significant new
allegations of facts with evidence which tends to establish the allegations.
If the petition does not contain such materials, the Commission may choose
not to consider the petition and may return the petition to the petitioner,
with a statement of its findings and a reference to the record of the previous
designation proceedings where the facts were considered.
(6)
] The Commission shall notify
the person who submits a petition of any application for a permit received
which includes any area covered by the petition.
(7)
] The Commission may determine
not to process any petition received in so far as it pertains to lands for
which an administratively complete permit application has been filed and the
first newspaper notice has been published. Based on such a determination,
the Commission may issue a decision on a complete and accurate permit application
and shall inform the petitioner why the Commission cannot consider the part
of the petition pertaining to the proposed permit area.
(2)
(3)
] Promptly after the determination
that a petition is complete, the Commission shall request submissions from
the general public of relevant information by a newspaper advertisement placed
once a week for two consecutive weeks in the locale of the area covered by
the petition, in the county newspaper of the largest circulation in the county,
for each county of the petitioned area, and in the
Texas Register
.
Subchapter K. PERMANENT PROGRAM PERFORMANCE STANDARDS
The requirements of
this section may be modified by the Commission where the surface mining activities
are reaffecting previously mined lands that have not been restored to the
standards of §§12.330-12.384, this section, and §§12.386-12.403
of this title (relating to Permanent Program Performance Standards -- Surface
Mining Activities) and sufficient spoil is not available to otherwise comply
with this section.
] The person who conducts surface mining activities
shall, at a minimum:
3.
PERMANENT PROGRAM PERFORMANCE STANDARDS - UNDERGROUND MINING ACTIVITIES
The requirements of
this section may be modified by the Commission where the underground mining
activities are reaffecting previously mined lands that have not been restored
to the standards of §§12.500-12.551, this section, and §§12.553-12.572
of this title (relating to Permanent Program Performance Standards -- Underground
Mining Activities) and sufficient spoil is not available to otherwise comply
with this section.
] The person who conducts underground mining activities
shall, at a minimum:
7.
SPECIAL PERMANENT PROGRAM PERFORMANCE STANDARDS--COAL PROCESSING PLANTS AND SUPPORT FACILITIES NOT LOCATED AT OR NEAR THE MINESITE OR NOT WITHIN THE PERMIT AREA FOR A MINE
Part 2.
PUBLIC UTILITY COMMISSION OF TEXAS