|(a) No LNG container shall be placed into LNG service
or an installation operated or used in LNG 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 all statutes, in addition
to any applicable requirements of the municipality or the county where
an installation is or will be located. A person who purchases an existing
LNG installation shall file LNG Form 2019 with LP-Gas Operations within
10 calendar days of the purchase in order for the installation to
remain in LNG service.
(b) Prior to the construction of a stationary installation
which would result in an aggregate water capacity of 15,540 gallons
or more, the applicant shall submit LNG Form 2500 and a non-refundable
$50 application fee to LP-Gas Operations including site plans and
plans and specifications for the installation at least 30 calendar
days prior to construction.
(1) Plans and specifications shall be sealed by a registered
professional engineer licensed and in good standing to practice in
the State of Texas and who is qualified in the area of the design
and construction of LNG facilities.
(2) Plans and specifications shall include fire protection
which complies with §14.2131 of this title (relating to Fire
(3) If the applicant modifies the plans and specifications
before tentative or interim approval is granted by LP-Gas Operations
or the Commission, respectively, the plans and specifications shall
be resealed by a registered professional engineer licensed to practice
in the State of Texas and resubmitted to LP-Gas Operations. A non-refundable
fee of $30 shall be required for any resubmission.
(c) Prior to the installation of an LNG container resulting
in an aggregate water capacity of 15,540 gallons or more, the applicant
or licensee shall send a copy of LNG Form 2500, LNG Form 2500A, and
a plat by certified mail, return receipt requested, to all owners
of real property situated within 500 feet of the proposed container
location(s). The applicant or licensee shall submit LNG Form 2500
to LP-Gas Operations at the same time LNG Form 2500 and LNG Form 2500A
are mailed to the real property owners.
(1) Notice shall be considered sufficient when the
applicant or licensee has provided evidence that a complete LNG Form
2500, LNG Form 2500A, and a plat have been sent to all real property
owners. The applicant or licensee may obtained names and addresses
of owners from current county tax rolls.
(2) The applicant or licensee shall notify owners of
real property situated within 500 feet of the proposed container location(s)
if the current aggregate water capacity of the installation is more
than doubled in a 12-month period or if the resulting aggregate water
capacity of the installation will be more than 214,348 gallons.
(3) The applicant or licensee shall retain the return
receipts for Commission review, if requested.
(4) The site plan or drawing shall describe the facility's
property or a 250-foot diameter (measured from the proposed container's
location on the site), whichever is smaller, and include all containers,
buildings, structures, geographical or topographical features, or
any other features or activities relating to LNG which could affect
the health, safety and welfare of the general public. The site plan
or drawing shall include a scale or legend to indicate the distances
or measurements described.
(5) Objections shall be filed with LP-Gas Operations
within 18 days of the postmarked date on the notice letter. If LP-Gas
Operations finds that the objection is not proper, LP-Gas Operations
shall notify the property owner and the property owner shall have
ten days from the date of LP-Gas Operations' postmarked letter to
correct the objection. If one or more of the adjoining property owners
files an objection and a written request with LP-Gas Operations for
a hearing, the hearing shall be conducted as soon as possible and
a recommendation presented to the Railroad Commission within 90 days
following the hearing. When possible, the hearing shall be held in
a location near the proposed site.
(A) LP-Gas Operations 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:
(i) does not comply with the rules in this chapter,
specifying which rules are violated;
(ii) does not comply with the statutes of the State
of Texas, specifying which statutes are violated; or
(iii) 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. The Railroad 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.
(B) Upon review of the objection, LP-Gas Operations
(i) schedule a public hearing as specified in §14.2022
of this title (relating to Denial, Suspension, or Revocation of Licenses
or Certifications, and Hearing Procedure); or
(ii) notify the objecting party in writing within 10
business days of receipt requesting further information for clarification
and stating why the objection is being returned. The objecting entity
shall have 10 calendar days from the postmark of LP-Gas Operations'
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.
(6) Temporary installations which are used during peak
demand times such as during cold weather or emergencies are not required
to comply with these notice requirements. However, a sign shall be
installed at the site and brochures or other similar means of notification
shall be available at the site to advise the public of the need and
use for the temporary installation.
(d) Unless considered to be in the public interest
by LP-Gas Operations, the applicant or licensee does not need to notify
owners of real property situated within 500 feet of the proposed container
location(s) of an addition to an existing LNG facility provided the
current aggregate water capacity is not more than doubled in a 12-month
period; however, if the resulting aggregate water capacity will exceed
214,348 gallons, the applicant or licensee shall provide notice as
specified in subsection (c) of this section.
(e) LP-Gas Operations shall grant tentative or the
Commission shall grant interim approval prior to the setting of the
LNG container and construction of the LNG installation.
(f) When an LNG container is replaced with a container
of the same or less overall diameter and length or height, and installed
in the identical location of the existing container at an LNG storage
installation of 15,540 gallons aggregate water capacity or more, the
applicant shall file LNG Form 2501 with LP-Gas Operations.
(1) LNG Form 2500, LNG Form 2500A, and LNG Form 2501,
including site plans and plans and specifications, are not required
to be filed prior to installation of pull-away devices, or emergency
shutoff valves (ESV's), or when maintenance and improvements are being
performed to the piping system at existing previously approved LNG
installations having an aggregate water capacity of 15,540 gallons
(2) A nonrefundable fee of $50 shall be submitted with
each LNG Form 2500. A nonrefundable resubmission fee of $30 shall
be included with each incomplete or revised set of plans and specifications
(3) The proposed installation shall not be operated
or used in LNG service until approved by LP-Gas Operations.
(g) Upon completion of a commercial installation having
an aggregate water capacity of less than 15,540 gallons, the applicant
shall submit LNG Form 2501, postmarked or physically delivered to
LP-Gas Operations, within ten calendar days after completion of such
installation. LNG Form 2501 shall state that:
(1) the installation complies with the statutes and
the rules in this chapter;
(2) any necessary LNG licenses have been issued; and
(3) the installation has been placed in LNG service.
(h) A nonrefundable fee of $10 for each LNG container
listed on LNG Form 2501 shall be submitted with each LNG Form 2501
required to be filed by the applicable subsections of this section.
A nonrefundable resubmission fee of $20 shall be included for each
LNG Form 2501 resubmitted.
(i) LP-Gas Operations shall review all applications
within 21 business days of the receipt of all required information
and shall notify the applicant as follows:
(1) If LP-Gas Operations administratively approves
the installation, LP-Gas Operations shall notify the applicant in
writing within 21 business days.
(2) If LP-Gas Operations declines to administratively
approve the installation, LP-Gas Operations shall notify the applicant
in writing, specifying the deficiencies, within 21 business days.
The applicant may modify the submission and resubmit it for approval,
or may request a hearing on the matter in accordance with Chapter
1 of this title (relating to Practice and Procedure).
(j) When LP-Gas Operations notifies an applicant of
an incomplete LNG Form 2500 or LNG Form 2500A, 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 LP-Gas
Operations' review of the proposed installation.
(1) The applicant may request in writing an extension
of the 120-day time period. The request shall be postmarked or physically
delivered to LP-Gas Operations before the expiration date. LP-Gas
Operations may extend the application period for up to an additional
(2) If the tentatively approved installation is not
completed within one year from the date tentative approval was granted,
the application will expire. 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. If the applicant fails to request
an extension of time within the time period prescribed in this subsection,
the applicant will be required to submit a new application before
the original installation can be completed.
(3) Prior to the installation of an LNG container referenced
in this section in a heavily populated or congested area, LP-Gas Operations
shall determine whether the proposed installation poses a threat to
the health, safety, and welfare of the general public. LP-Gas Operations
shall determine restrictions on LNG container capacities in accordance
with the following:
(A) density of the population within 500 feet of the
(B) nature of the land use on those pieces of property
located within 500 feet of the LNG installation;
(C) vehicular traffic in the area;
(D) types and numbers of roadways in the area;
(E) type of operations on the premises;
(F) potential ignition sources in the area;
(G) existence of dangerous or combustible materials
in the area that might be affected in an emergency situation;
(H) the number of members of the general public who
are concentrated in the area; and
(I) other factors related to the public health, safety,
(k) LP-Gas Operations shall examine plans and specifications
to ensure that they have been sealed by a qualified professional engineer
licensed to practice in the State of Texas. LP-Gas Operations shall
review site plans to determine whether the installation complies with
the distance requirements in this chapter. LP-Gas Operations shall
determine whether the subject of the submission poses a threat to
the health, safety, and welfare of the general public.
(1) If LP-Gas Operations declines to approve administratively
the submission, LP-Gas Operations shall notify the applicant of this
decision in writing within 21 calendar days. The applicant may modify
the submission and resubmit it for approval within 21 calendar days
after receiving the notice, or may request a hearing to be conducted
in accordance with Chapter 1 of this title. The subject of the submission
shall not be operated or used in LNG service in this state until approved
by the Commission following a hearing.
(2) LNG Form 2008 or the Manufacturer's Data Report,
and any other documentation pertinent to the installation, may be
requested by LP-Gas Operations in order to further determine compliance
with the rules in this chapter.
(l) Physical inspection of stationary installations.
(1) Aggregate water capacity 15,540 gallons or more.
The applicant shall notify LP-Gas Operations when the installation
is ready for inspection. If LP-Gas Operations does not physically
inspect the facility within 30 calendar days of receipt of notice
that the facility is ready for inspection, the applicant may operate
the facility conditionally until the initial complete inspection is
made. If any safety rule violations exist at the time of the initial
inspection, the applicant may be required to cease LNG operations
until the applicant corrects the violations.