Current through Reg. 49, No. 12; March 22, 2024
(a) General requirements. No LP-gas container
shall be placed into LP-gas service or an installation operated or used in
LP-gas service until the requirements of this section, as applicable, are met
and the facility is in compliance with all applicable rules in this chapter and
statutes. LP-gas systems under the jurisdiction of DOT Safety regulations in 49
CFR Parts 192 and 199, and Part 40 shall comply with Chapter 8 of this title
(relating to Pipeline Safety Regulations) prior to implementation of
service.
(b) Commercial
installations with an aggregate water capacity of less than 10,000 gallons.
(1) Within 30 calendar days following the
completion of a container installation, the licensee shall submit LPG Form 501
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 LP-gas service.
(2)
The licensee shall pay a nonrefundable fee of $10 for each LP-gas container,
including cylinders, each retail LP-gas cylinder exchange storage rack, and
each forklift cylinder exchange rack or a forklift cylinder exchange
installation where a storage rack is not installed that is listed on the form.
A nonrefundable $35 fee shall be required for any resubmission.
(3) AFS shall review the submitted
information within 21 business days of receipt of all required information and
shall notify the applicant in writing of any deficiencies. LP-gas activities
may commence prior to the submission of LPG Form 501 if the facility is in
compliance with the rules in this chapter.
(c) Aggregate water capacity of 10,000
gallons or more.
(1) For installations with an
aggregate water capacity of 10,000 gallons or more, the licensee shall submit
the following information to AFS at least 30 days prior to construction if the
applicant is required to give notice as described in §
RSA
9.102 of this title (relating to Notice of
Stationary LP-Gas Installations):
(A) LPG
Form 500;
(B) LPG Form 500A 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 LP-gas containers already on site or proposed to be on
site;
(ii) the distances from the
containers to adjoining property lines, buildings, and railroad, pipeline, or
roadway rights-of-way;
(iii) any
known potential hazards;
(iv)
location of bulkhead and distance from nearest container;
(v) location of remote emergency shut-off
valves;
(vi) route of vehicular
traffic around containers;
(vii)
location of any electrically operated material handling equipment such as pumps
or compressors; and
(viii) distance
and location to nearest highway; and
(E) if the facility is accessed 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 LP-gas transports; and
(F) a nonrefundable fee of $50 for the
initial application, or a nonrefundable $30 fee for any resubmission.
(2) Prior to the installation of
any individual LP-gas container, AFS shall determine whether the proposed
installation constitutes a danger to the public health, safety, and welfare.
(A) AFS may impose restrictions or conditions
on the proposed LP-gas installation based on one or more of the following
factors:
(i) nature and density of the
population or occupancy of structures within 500 feet of the proposed or
existing container locations;
(ii)
nature of use of property located within 500 feet of the LP-gas
installation;
(iii) nature and
volume of vehicular traffic within 500 feet of the proposed
container;
(iv) type and number of
roadways within 500 feet of the proposed container;
(v) type of activities on the installation's
premises;
(vi) potential sources of
ignition that might affect an LP-gas leak;
(vii) existence of dangerous or combustible
materials in the area that might be affected by an emergency
situation;
(viii) any other factors
material to the public health, safety, and welfare.
(B) 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.
(3) AFS shall notify the applicant in writing
of its findings.
(4) If the
application is administratively denied:
(A)
AFS shall specify the deficiencies in the written notice required in paragraph
(3) of this subsection.
(B) The
applicant may 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).
(5) The licensee shall not commence
construction until notice of approval is received from AFS. If the subject
installation is not completed within one year from the date AFS has granted
construction approval, the application will expire and the applicant shall
submit a new application before the installation can be completed.
(6) The applicant shall submit to AFS written
notice of completed construction and the Commission shall complete the field
inspection specified in §
RSA
9.109 of this title (relating to Physical
Inspection of Stationary LP-Gas Installations).
(7) The container may be placed into service
after AFS has completed the inspection and determines the installation meets
all safety requirements.
(8) An
applicant or operator shall not be required to submit LPG Form 500, LPG Form
500A, or a site plan prior to the installation of bulkheads, swivel-type
piping, breakaway devices, pneumatically-operated internal valves, or emergency
shutoff valves, or when maintenance and improvements are being made to the
piping system at an existing LP-gas installation with an aggregate water
capacity of 10,000 gallons or more.
(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 LPG Form 500.
(d) AFS may request LPG Form 8, 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.
(e) For an installation
that is a licensee outlet, the operating licensee shall comply with §
RSA
9.7<subdiv>(g)</subdiv> of this
title (relating to Applications for Licenses, Manufacturer Registrations, and
Renewals).