|(a) 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 LP-Gas Safety Rules and statutes,
in addition to any applicable requirements of the municipality or
the county where an installation is or will be located. 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 LP-Gas Operations stating:
(A) the installation is in total compliance with the
statutes and LP-Gas Safety Rules;
(B) all necessary LP-gas licenses and certificates
have been issued; and
(C) the date the installation has been placed into
(2) 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) LP-Gas Operations 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
operations may commence prior to the submission of LPG Form 501 if
the facility is in compliance with the LP-Gas Safety Rules.
(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 LP-Gas Operations at least 30 days prior to construction
if the applicant is required to give notice as described in §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
(i) the facility's property boundaries;
(ii) the names of all real property owners within 500
(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 containers
already on site or proposed to be on site;
(ii) the distances from the containers and the transfer
system to the property lines, buildings, and railroad, pipeline, or
(iii) any known potential hazards;
(iv) location of bulkhead and distance from nearest
(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.
(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.
(F) pay a nonrefundable fee of $50 for the initial
application. A nonrefundable $30 fee shall be required for any resubmission.
(2) In addition to NFPA 58, §6.5.4 prior to the
installation of any individual LP-gas container, LP-Gas Operations
shall determine whether the proposed installation constitutes a danger
to the public health, safety, and welfare.
(A) LP-Gas Operations may impose restrictions or conditions
on the proposed LP-gas installation based on one or more of the following
(i) nature and density of the population or occupancy
of structures within 500 feet of the proposed or existing container
(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 operations 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) If an LP-gas stationary installation, equipment,
or appurtenances not specifically covered by the LP-Gas Safety Rules
has been or will be installed, LP-Gas Operations shall apply and require
any reasonable safety provisions to ensure the LP-gas installation
is safe for LP-gas service. If the affected entity disagrees with
LP-Gas Operations' determination, the entity may request a hearing.
The installation shall not be placed into LP-gas operation until LP-Gas
Operations has determined that the installation is safe for LP-gas
(4) LP-Gas Operations shall notify the applicant in
writing outlining its findings. If the application is administratively
denied, the applicant may modify the submission and resubmit it 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 is received from LP-Gas Operations. Upon completion of a field
inspection as specified in §9.109 of this title (relating to
Physical Inspection of Stationary LP-Gas Installations), the operator,
pending the inspection findings, may commence LP-gas operations of
(6) If the subject installation is not completed within
one year from the date of LP-Gas Operations' completed review, the
requirements of this subsection shall be resubmitted for LP-Gas Operations'
(d) 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 a capacity of 10,000
gallons or more.
(e) If a licensee is replacing a container with the
same or less overall length and diameter, installed in the identical
location of the existing container, the licensee shall file LPG Form
(f) In addition, LP-Gas Operations 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 LP-Gas Safety Rules.
|Source Note: The provisions of this §9.101 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 29, 2003, 28 TexReg 8318; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective December 24, 2012, 37 TexReg 9913