| (E) Training schedules and course outlines shall be provided to the commission personnel upon request for the purpose of commission review to determine compliance with the provisions of subparagraphs (C) and (D) of this paragraph. (14) Accident notification. Operators shall immediately notify the appropriate Railroad Commission District Office of any accidental release of hydrogen sulfide gas of sufficient volume to present a hazard and of any hydrogen sulfide related accident. (d) Reports required. (1) Certificate of compliance provision. A certificate of compliance shall be submitted for operations subject to any provision of this section. The following shall apply to the certificate of compliance provision of the section. (A) The certificate of compliance shall certify that operator has complied or will comply with applicable provisions of this section. (B) The certificate of compliance shall be filed in triplicate in the commission district office where the operation is located. (C) The certificate of compliance shall certify that existing operations subject to this section to be in compliance will be in compliance as specified in an attached schedule, or, for new or modified facilities, will be in compliance upon completion. (D) An approved certificate of compliance will permit an operator to perform all activities described in the certificate without additional filing of approval; provided that, consistent with subsection (c)(12)(G) of this section, a certificate of compliance will be required on each well subject to the provisions of subsection (c)(12)(G) of this section. (E) A new or amended certificate of compliance shall be required if there is a change in public exposure caused by public infringement of an existing radius of exposure resulting in a change in the applicable provisions of this section, not described by the existing certificate. The operator shall file the new or amended certificate within 30 days after such infringement. (F) A new or amended certificate of compliance shall be required if there is modification of an existing operation or facility which increases the radius of exposure in a public area, or results in a change in the applicable provisions of this section not described by the existing certificate. The operator shall file the new or amended certificate at least 30 days prior to initiating the operation or construction. (G) The operator shall file a certificate of compliance 30 days prior to commencement of a drilling or workover operation on wells where a certificate of compliance is required for that well by provisions of this section (wells drilled on noncertificated leases or wells with a 100 ppm radius of exposure greater than 3,000 feet). (H) In case of extenuating circumstances, an operator may file a certificate of compliance with an attached written explanation for those cases where waiver of 30-day prior filing is requested. In such cases, the approval of the certificate of compliance will constitute authority to proceed. (I) The certificate of compliance shall be prepared and executed by a party who, through training and experience, is qualified to make such certification. (J) The certificate of compliance will be in effect until conditions are altered in a manner that would require amending the "certificate." The operator shall notify the commission within 30 days following cessation or abandonment of operations in a certificated area. (K) The certificate of compliance required by the provisions of this order for an existing system are due in the district office as soon as is reasonably possible, and no later than September 1, 1976, and as applicable for new or modified operations. (L) A certificate of compliance may cover a single operation or multiple operations located in an area, a field, or a group of fields within a commission district. The description of the type of operation as indicated on the form must be sufficiently complete to the degree that it is obvious what element of an operation is to be covered by the certificate. All Railroad Commission identification numbers for each element of the system must be shown on the certificate and must be identified as to the type of operation. (M) Certificates are nontransferable, and a new operator of a system or any acquired element of a system or operation shall be required to certificate that operation. Operator of a certificated system shall notify the commission in writing when the system or any operating part has been transferred to another operator. An amended certificate shall be required should any change occur that would add or delete a Railroad Commission identification number covered by the certificate. (N) Each operator shall maintain a current master list of all his operations for which a certificate of compliance is in effect and shall submit such list for inspection upon request by the commission. (2) Completion report provision. (A) The operator shall report on the initial completion report for new oil or gas wells the hydrogen sulfide concentrations of the wellhead gas for all wells where the hydrogen sulfide concentration is equal to or exceeds 100 ppm. (B) The drilling of a well in an area which would require the submission of a certificate of compliance (Form H-9) shall have noted on the drilling application (Form W-1) that such certification has been filed. (3) Releases of, and accidents related to, hydrogen sulfide. The operator shall furnish a written report to the district office within ten days of any accidental release of hydrogen sulfide gas of sufficient volume to present a hazard and of any hydrogen sulfide related accident, whether it be from an accidental or intentional release. (e) Exception provision. Any application for exception to the provisions of this section should specify the provisions to which exception is requested, and set out in detail the basis on which the exception is to be requested.
|Source Note: The provisions of this §3.36 adopted January 1, 1976; amended to be effective September 1, 1976, 1 TexReg 1517; amended to be effective September 15, 1985, 10 TexReg 2069; amended to be effective April 7, 1995, 20 TexReg 2285; amended to be effective November 24, 2004, 29 TexReg 10728