Texas Administrative Code
Title 16 - ECONOMIC REGULATION
Part 1 - RAILROAD COMMISSION OF TEXAS
Chapter 13 - REGULATIONS FOR COMPRESSED NATURAL GAS (CNG)
Subchapter B - GENERAL RULES FOR COMPRESSED NATURAL GAS (CNG) EQUIPMENT QUALIFICATIONS
Section 13.26 - Notice of, Objections to, and Hearings on Proposed Stationary CNG Installations
Universal Citation: 16 TX Admin Code § 13.26
Current through Reg. 50, No. 13; March 28, 2025
(a) Notice of proposed stationary CNG installations.
(1)
For a proposed installation with an aggregate storage capacity of 84,500
standard cubic feet or more, an applicant shall send a copy of the filings
required under §
13.25 of this title (relating to
Filings Required for Stationary CNG Installations) by certified mail, return
receipt requested or otherwise delivered, to all owners of real property
situated within 500 feet of any proposed container location at the same time
the originals are filed with AFS.
(A) AFS
shall consider the notice to be sufficient when the applicant has provided
evidence that copies of a complete application have been mailed or otherwise
delivered to all real property owners.
(B) The applicant or licensee may obtain
names and addresses of owners from current county tax rolls.
(2) An applicant shall notify
owners of real property situated within 500 feet of the proposed container
location if:
(A) the current aggregate
storage capacity of the installation is more than doubled in a 12-month period;
or
(B) the resulting aggregate
storage capacity of the installation will be more than 1,014,000 standard cubic
feet.
(b) Objections to proposed stationary CNG installations.
(1) Each owner of real property receiving
notice of a proposed installation pursuant to subsection (a) of this section
shall have 18 calendar days from the date the notice is postmarked to file a
written objection with AFS using the CNG Form 1500A sent to them by the
applicant. An objection is considered timely filed when it is actually received
by the Commission. AFS shall review all objections within 10 business days of
receipt. An objection shall be in writing and shall include a statement of
facts showing that the proposed installation:
(A) does not comply with the rules in this
chapter, specifying which rules are violated;
(B) does not comply with the statutes of the
State of Texas, specifying which statutes are violated; or
(C) constitutes a danger to the public
health, safety, and welfare, specifying the exact nature of the danger. For
purposes of this section, "danger" means an imminent threat or an unreasonable
risk of bodily harm, but does not mean diminished property or esthetic values
in the area.
(2) Upon
review of the objection, AFS shall:
(A)
request a public hearing as specified in §
13.71 of this title (relating to
Hearing for Denial, Suspension, or Revocation of Licenses, Manufacturer
Registrations, or Certificates); or
(B) notify the objecting party in writing
within 10 business days of receipt requesting further information for
clarification and stating why the objection is not valid. The objecting entity
shall have 10 calendar days from the postmark of AFS' letter to file its
corrected objection. Clarification of incomplete or non-substantive objections
shall be limited to two opportunities. If new objections are raised in the
objecting party's clarification, the new objections shall be limited to one
notice of correction.
(c) Hearings on stationary CNG installations.
(1) Reason for hearing. AFS shall call a
public hearing if:
(A) AFS receives an
objection that complies with subsection (b) of this section; or
(B) AFS determines that a hearing is
necessary to investigate the impact of the installation.
(2) Notice of public hearing. The Hearings
Division shall give notice of the public hearing at least 21 calendar days
prior to the date of the hearing to the applicant and to all real property
owners who were required to receive notice of the proposed installation under
subsection (a) of this section.
(3)
Procedure at hearing. The public hearing shall be conducted pursuant to Chapter
1 of this title (relating to Practice and Procedure).
(4) Hearing findings. If the Railroad
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 Railroad
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:
(A) the applicant has
introduced CNG into the system prior to final approval; or
(B) 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
(C) the
installation constitutes a danger to the public health, safety, and
welfare.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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