| (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; and
(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 §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:
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