Current through Reg. 49, No. 12; March 22, 2024
(a) General requirements. In addition to NFPA
52 §7.3.1, and NFPA 55 §4.1, 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 the rules in this chapter and all applicable statutes, in
addition to any applicable requirements of the municipality or the county where
an installation is or will be located.
(b) Installations with an aggregate storage
capacity of 84,500 standard cubic feet or more. The storage capacity of each
container is based on the container's operating pressure.
(1) For installations with an aggregate
storage capacity of 84,500 standard cubic feet or more, the licensee shall
submit the following information to AFS at least 30 days prior to construction:
(A) CNG Form 1500;
(B) CNG Form 1500A with all applicable
documents;
(C) a plat drawing from
the appropriate appraisal district identifying:
(i) the facility's property
boundaries;
(ii) the names of all
real property owners within 500 feet; and
(iii) a 500-foot radius measured from the
proposed container location on the site;
(D) a site plan of sufficient scale that
identifies:
(i) the location, types, and
sizes of all CNG containers and compression and dispensing equipment already on
site or proposed to be on site;
(ii) the distances from the containers,
compression equipment, dispensing equipment, and material handling equipment to
property lines, buildings on the same property, any electric transmission
lines, and railroads. If the area where the container and/or compression
equipment will be installed is a leased area or utility easement, the site plan
shall indicate the boundaries of the leased area or utility easement,
regardless of the size of the property in which the lease or easement
lies;
(iii) any known potential
hazards;
(iv) the location of CNG
dispensers and their distance from any proposed container (the nearest
container if more than one), property lines, buildings on the same property,
roadways, and railroad track centerlines;
(v) the location of the nearest public
sidewalk, highway, street, or road and its distance to containers and
equipment;
(vi) the location of all
sources of ignition;
(vii) the
location of other types of aboveground fuel containers, the type of fuel
stored, and the distance to CNG containers and dispensing equipment;
and
(viii) the location of other
types of fuel dispensers, the type of fuel dispensed, and the distance to CNG
containers and dispensing equipment;
(E) a nonrefundable fee of $50 for the
initial application, or a nonrefundable fee of $30 for a resubmission;
and
(F) if the facility is accessed
by cargo tanks from a public highway under the jurisdiction of the Texas
Department of Transportation, a statement or permit from the Texas Department
of Transportation showing that the driveway is of proper design and
construction to allow safe entry and egress of the CNG cargo tanks.
(2) Printed copies of site plans
with a legend must be printed to the correct size for the legend or distance
provided.
(3) Prior to the
installation of any individual CNG container, AFS shall determine whether the
proposed installation constitutes a danger to the public health, safety, and
welfare. The Commission does not consider public health, safety, and welfare to
include such factors as the value of property adjacent to the installation, the
esthetics of the proposed installation, or similar considerations. The
applicant shall provide additional information if requested by AFS. AFS may
impose restrictions or conditions on the proposed CNG installation based on one
or more of the following factors:
(A) nature
and density of the population or occupancy of structures within 500 feet of the
proposed or existing container locations;
(B) nature of use of property located within
500 feet of the CNG installation;
(C) type of activities on the installation's
premises;
(D) potential sources of
ignition that might affect a CNG leak;
(E) existence of dangerous or combustible
materials in the area that might be affected by an emergency
situation;
(F) any known potential
hazards or other factors material to the public health, safety, and
welfare.
(4) AFS shall
notify the applicant in writing outlining its findings.
(A) When AFS notifies an applicant of an
incomplete CNG Form 1500 or CNG Form 1500A, 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, the applicant shall file a new
application to reactivate AFS review of the proposed installation.
(B) The applicant may request in writing an
extension of the 120-day time period. The request shall be postmarked or
physically delivered to AFS before the expiration date. AFS may extend the
application period for up to an additional 90 days.
(5) If the application is administratively
denied:
(A) AFS shall specify the
deficiencies in the written notice required in paragraph (3) of this
subsection.
(B) To proceed with the
application, the applicant shall modify the submission and resubmit it for
approval or request a hearing on the matter in accordance with Chapter 1 of
this title (relating to Practice and Procedure). If the Commission finds after
a public hearing that the proposed installation complies with the rules in this
chapter 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:
(i) the applicant has introduced CNG into the
system prior to final approval;
(ii) a physical inspection of the
installation indicates that it is not installed in compliance with the
submitted plat drawing for the installation, the rules in this chapter, or the
statutes of the State of Texas; or
(iii) the installation constitutes a danger
to the public health, safety, and welfare.
(6) The licensee shall not commence
construction until notice of approval is received from AFS.
(A) If the subject installation is not
completed within one year from the date AFS has granted construction approval,
the application will expire.
(B)
Prior to the date of expiration, the applicant may request in writing an
extension of time of up to 90 days to complete the installation.
(C) If the applicant fails to request an
extension of time within the time period prescribed in this paragraph, the
applicant shall submit a new application before the installation can be
completed.
(7) The
applicant shall submit to AFS written notice of completed construction and the
Commission shall complete the field inspection as specified in subsection (d)
of this section. After the Commission has completed the inspection, the
operator, pending the inspection findings, may commence CNG activities at the
facility.
(8) A licensee shall not
be required to submit CNG Form 1500, CNG Form 1500A, or a site plan prior to
the installation of dispensers, equipment, piping, or when maintenance and
improvements are being made at an existing CNG installation.
(9) If a licensee is replacing a container
with a container of the same or less overall diameter and length or height, and
is installing the replacement container in the identical location of the
existing container, the licensee shall file CNG Form 1500.
(10) AFS may request CNG Form 1008, a
Manufacturer's Data Report, or any other documentation or information pertinent
to the installation in order to determine compliance with the rules in this
chapter.
(11) For an installation
that is a licensee outlet, the licensee shall submit CNG Form 1001A within 30
days of installation, in accordance with §
RSA
13.61(j) of this title (relating to License
Categories, Container Manufacturer Registration, Fees, and Application for
Licenses, Manufacturer Registrations, and Renewals).
(c) Commercial installations with an
aggregate storage capacity of less than 84,500 standard cubic feet. The storage
capacity of each container is based on the container's operating pressure.
(1) Within 30 calendar days following the
completion of a commercial container installation, the licensee shall submit
CNG Form 1501 to AFS stating:
(A) the
installation fully complies with the statutes and the rules in this
chapter;
(B) all necessary
Commission licenses, certificates, and permits have been issued; and
(C) the date the installation has been placed
into CNG service.
(2) The
licensee shall pay a nonrefundable fee of $10 for each container, cascade, and
compressor listed on the form. One fee is required for each cascade regardless
of the number of cylinders in the cascade.
(A) AFS shall review the submitted
information and shall notify the applicant in writing of any
deficiencies.
(B) A nonrefundable
fee of $20 shall be required for any resubmission.
(3) CNG activities may commence prior to the
submission of CNG Form 1501 if the facility is in compliance with the rules in
this chapter.
(d)
Physical inspection of stationary installations.
(1) Aggregate storage capacity of 84,500
standard cubic feet or more. The applicant shall notify AFS in writing when the
installation is ready for inspection.
(A) If
any non-compliance items are cited at the time of AFS' initial inspection, the
installation shall not be placed into CNG service until the non-compliance
items are corrected, as determined at the time of inspection, depending on the
nature of the non-compliance items cited.
(B) If AFS does not physically inspect the
facility within 30 calendar days of receipt of notice that the facility is
ready for inspection, the facility may operate conditionally until the initial
inspection is completed.
(2) Aggregate storage capacity of less than
84,500 standard cubic feet. After receipt of CNG Form 1501, AFS shall conduct
an inspection as soon as possible to verify the installation described complies
with the rules in this chapter. The facility may be operated prior to
inspection if the facility fully complies with the rules in this chapter. If
the initial inspection at a commercial installation results in the citation of
non-compliance items, AFS may require that the subject container, including any
piping, appliances, appurtenances, or equipment connected to it be immediately
removed from CNG service until the applicant corrects the non-compliance
items.
(3) Material variances. If
AFS determines the completed installation varies materially from the
application originally accepted, correction of the variance and notification to
AFS or resubmittal of the application is required. AFS' review of such
resubmitted application shall comply with subsection (b)(3) of this
section.
(4) In the event an
applicant has requested an inspection and AFS' inspection identifies
non-compliance items requiring modifications by the applicant, AFS may assess
an inspection fee to cover the costs associated with any additional inspection,
including mileage and per diem rates set by the legislature.