(a) Applicability.
(1) The rules in this chapter establish minimum standards
of accepted good practice and apply to:
(A) all gas pipeline facilities and facilities used
in the intrastate transportation of gas, including LPG distribution
systems and master metered systems, as provided in 49 United States
Code (U.S.C.) §§60101, et seq.; and Texas Utilities Code, §§121.001
- 121.507;
(B) onshore pipeline and gathering and production facilities,
beginning after the first point of measurement and ending as defined
by 49 CFR Part 192 as the beginning of an onshore gathering line.
The gathering and production beyond this first point of measurement
shall be subject to 49 CFR §192.8 and shall be subject to the
rules as defined as Type A or Type B gathering lines as those Class
2, 3, or 4 areas as defined by 49 CFR §192.5;
(C) the intrastate pipeline transportation of hazardous
liquids or carbon dioxide and all intrastate pipeline facilities as
provided in 49 U.S.C. §§60101, et seq.; and Texas Natural
Resources Code, §117.011 and §117.012; and
(D) all pipeline facilities originating in Texas waters
(three marine leagues and all bay areas). These pipeline facilities
include those production and flow lines originating at the well.
(2) The regulations do not apply to those facilities
and transportation services subject to federal jurisdiction under:
15 U.S.C. §§717, et seq.; or 49 U.S.C. §§60101,
et seq.
(b) Minimum safety standards. The Commission adopts
by reference the following provisions, as modified in this chapter,
effective September 13, 2021.
(1) Natural gas pipelines, including LPG distribution
systems and master metered systems, shall be designed, constructed,
maintained, and operated in accordance with 49 U.S.C. §§60101,
et seq.; 49 Code of Federal Regulations (CFR) Part 191, Transportation
of Natural and Other Gas by Pipeline; Annual Reports, Incident Reports,
and Safety-Related Condition Reports; 49 CFR Part 192, Transportation
of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards;
and 49 CFR Part 193, Liquefied Natural Gas Facilities: Federal Safety
Standards.
(2) Hazardous liquids or carbon dioxide pipelines shall
comply with 49 U.S.C. §§60101, et seq.; and 49 CFR Part
195, Transportation of Hazardous Liquids by Pipeline.
(3) All operators of pipelines and/or pipeline facilities
shall comply with 49 CFR Part 199, Drug and Alcohol Testing, and 49
CFR Part 40, Procedures for Transportation Workplace Drug and Alcohol
Testing Programs.
(4) All operators of pipelines and/or pipeline facilities
regulated by this chapter, other than master metered systems and distribution
systems, shall comply with §3.70 of this title (relating to Pipeline
Permits Required).
(c) Special situations. Nothing in this chapter shall
prevent the Commission, after notice and hearing, from prescribing
more stringent standards in particular situations. In special circumstances,
the Commission may require the following:
(1) Any operator which cannot determine to its satisfaction
the standards applicable to special circumstances may request in writing
the Commission's advice and recommendations. In a special case, and
for good cause shown, the Commission may authorize exemption, modification,
or temporary suspension of any of the provisions of this chapter,
pursuant to the provisions of §8.125 of this title (relating
to Waiver Procedure).
(2) If an operator transports gas and/or operates pipeline
facilities which are in part subject to the jurisdiction of the Commission
and in part subject to the Department of Transportation pursuant to
49 U.S.C. §§60101, et seq.; the operator may request in
writing to the Commission that all of its pipeline facilities and
transportation be subject to the exclusive jurisdiction of the Department
of Transportation. If the operator files a written statement under
oath that it will fully comply with the federal safety rules and regulations,
the Commission may grant an exemption from compliance with this chapter.
(d) Retention of DOT filings. A person filing any document
or information with the Department of Transportation pursuant to the
requirements of 49 CFR Parts 190, 191, 192, 193, 195, or 199 shall
retain a copy of that document or information. Such person is not
required to concurrently file that document or information with the
Division unless another rule in this chapter requires the document
or information to be filed with the Division or unless the Division
requests a copy.
(e) Penalties. A person who submits incorrect or false
information with the intent of misleading the Commission regarding
any material aspect of an application or other information required
to be filed at the Commission may be penalized as set out in Texas
Natural Resources Code, §§117.051 - 117.054, and/or Texas
Utilities Code, §§121.206 - 121.210, and the Commission
may dismiss with prejudice to refiling an application containing incorrect
or false information or reject any other filing containing incorrect
or false information.
(f) Retroactivity. Nothing in this chapter shall be
applied retroactively to any existing intrastate pipeline facilities
concerning design, fabrication, installation, or established operating
pressure, except as required by the Office of Pipeline Safety, Department
of Transportation. All intrastate pipeline facilities shall be subject
to the other safety requirements of this chapter.
(g) Compliance deadlines. Operators shall comply with
the applicable requirements of this section according to the following
guidelines.
(1) Each operator of a pipeline and/or pipeline facility
that is new, replaced, relocated, or otherwise changed shall comply
with the applicable requirements of this section at the time the pipeline
and/or pipeline facility goes into service.
(2) An operator whose pipeline and/or pipeline facility
was not previously regulated but has become subject to regulation
pursuant to the changed definition in 49 CFR Part 192 and subsection
(a)(1)(B) of this section shall comply with the applicable requirements
of this section no later than the stated date:
(A) for cathodic protection (49 CFR Part 192), March
1, 2012;
(B) for damage prevention (49 CFR 192.614), September
1, 2010;
(C) to establish an MAOP (49 CFR 192.619), March 1,
2010;
(D) for line markers (49 CFR 192.707), March 1, 2011;
(E) for public education and liaison (49 CFR 192.616),
March 1, 2011; and
(F) for other provisions applicable to Type A gathering
lines (49 CFR 192.8(c)), March 1, 2011.
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Source Note: The provisions of this §8.1 adopted to be effective November 24, 2004, 29 TexReg 10733; amended to be effective May 15, 2005, 30 TexReg 2849; amended to be effective January 30, 2006, 31 TexReg 480; amended to be effective March 2, 2009, 34 TexReg 1414; amended to be effective August 30, 2010, 35 TexReg 7743; amended to be effective August 6, 2012, 37 TexReg 5738; amended to be effective October 6, 2014, 39 TexReg 7916; amended to be effective October 30, 2017, 42 TexReg 6014; amended to be effective January 6, 2020, 45 TexReg 121; amended to be effective September 13, 2021, 46 TexReg 5767 |