| (E) The certificate of compliance provision, subsection (d)(1) of this section. (6) All operators whose operations are subject to this section, and where the 100 ppm radius of exposure is in excess of 50 feet, shall be subject to the following. (A) Warning and marker provision. (i) For above-ground and fixed surface facilities, the operator shall post, where permitted by law, clearly visible warning signs on access roads or public streets, or roads which provide direct access to facilities located within the area of exposure. (ii) In populated areas such as cases of townsites and cities where the use of signs is not considered to be acceptable, then an alternative warning plan may be approved upon written request to the commission. (iii) For buried lines subject to this section, the operator shall comply with the following. (I) A marker sign shall be installed at public road crossings. (II) Marker signs shall be installed along the line, when it is located within a public area or along a public road, at intervals frequent enough in the judgment of the operator so as to provide warning to avoid the accidental rupturing of line by excavation. (III) The marker sign shall contain sufficient information to establish the ownership and existence of the line and shall indicate by the use of the words "Poison Gas" that a potential danger exists. Markers installed in compliance with the regulations of the federal Department of Transportation shall satisfy the requirements of this provision. Marker signs installed prior to the effective date of this section shall be acceptable provided they indicate the existence of a potential hazard. (iv) In satisfying the sign requirement of clause (i) of this subparagraph, the following will be acceptable. (I) Sign of sufficient size to be readable at a reasonable distance from the facility. (II) New signs constructed to satisfy this section shall use the language of "Caution" and "Poison Gas" with a black and yellow color contrast. Colors shall satisfy Table I of American National Standard Institute Standard 253.1-1967. Signs installed to satisfy this section are to be compatible with the regulations of the federal Occupational Safety and Health Administration. (III) Existing signs installed prior to the effective date of this section will be acceptable if they indicate the existence of a potential hazard. (B) Security provision. (i) Unattended fixed surface facilities shall be protected from public access when located within 1/4 mile of a dwelling, place of business, hospital, school, church, government building, school bus stop, public park, town, city, village, or similarly populated area. This protection shall be provided by fencing and locking, or removal of pressure gauges and plugging of valve opening, or other similar means. For the purpose of this provision, surface pipeline shall not be considered as a fixed surface facility. (ii) For well sites, fencing as a security measure is required when a well is located inside the limits of a townsite or city, or where conditions cause the well to be exposed to the public. (iii) The fencing provision will be considered satisfied where the fencing structure is a deterrent to public access. (C) Materials and equipment provision. (i) For new construction or modification of facilities (including materials and equipment to be used in drilling and workover operations) completed or contemplated subsequent to the effective date of this section, the metal components shall be those metals which have been selected and manufactured so as to be resistant to hydrogen sulfide stress cracking under the operating conditions for which their use is intended, provided that they satisfy the requirements described in the latest editions of NACE Standard MR-01-75 and API RP-14E, sections 1.7(c), 2.1(c), 4.7. The handling and installation of materials and equipment used in hydrogen sulfide service are to be performed in such a manner so as not to induce susceptibility to sulfide stress cracking. Other materials which are nonsusceptible to sulfide stress cracking, such as fiberglass and plastics, may be used in hydrogen sulfide service provided such materials have been manufactured and inspected in a manner which will satisfy the latest published, applicable industry standard, specifications, or recommended practices. (ii) Other materials and equipment (including materials and equipment used in drilling and workover operations) which are not included within the provision of clause (i) of this subparagraph may be used for hydrogen sulfide service provided: (I) such materials and equipment are proved, as the result of advancements in technology or as the result of control and knowledge of operating conditions (such as temperature and moisture content), to be suitable for the use intended and where such usage is technologically acceptable as good engineering practice; and (II) the commission has approved the use of said materials and equipments for the specific uses after written application. (iii) Existing facilities (including materials in present common usage for drilling and workover operations in hydrogen sulfide areas) which are in operation prior to the effective date of this section, and where there has been no failure of existing equipment attributed to sulfide stress cracking, shall satisfy the requirements of this section. (iv) In the event of a failure of any element of an existing system as the result of hydrogen sulfide stress cracking, the compliance status of the system shall be determined by the commission after the operator has submitted to the commission a detailed written report on the failure. (7) All operations subject to subsection (a) of this section shall be subject to the additional control and equipment safety provision, paragraph (8) of this subsection, and the contingency plan provision, paragraph (9) of this subsection, if any of the following conditions apply: (A) the 100 ppm radius of exposure is in excess of 50 feet and includes any part of a "public area" except a public road; (B) the 500 ppm radius of exposure is greater than 50 feet and includes any part of a public road; (C) the 100 ppm radius of exposure is greater than 3,000 feet. (8) Control and equipment safety provision. Operators subject to this provision shall install safety devices and maintain them in an operable condition or shall establish safety procedures designed to prevent the undetected continuing escape of hydrogen sulfide. For intentional releases of a potentially hazardous volume of hydrogen sulfide gas, the gas must be flared unless permission to vent is obtained from the commission or its delegate. Venting will be allowed only upon a showing that the venting will not pose an unreasonable risk of harm to the public. (9) Contingency plan provision. (A) All operators whose operations are subject to this provision shall develop a written contingency plan complete with all requirements before hydrogen sulfide operations are begun. (B) The purpose of the contingency plan shall be to provide an organized plan of action for alerting and protecting the public prior to an intentional release, or following the accidental release of a potentially hazardous volume of hydrogen sulfide. (C) The contingency plan shall be activated prior to an intentional release, or immediately upon the detection of an accidental release of a potentially hazardous volume of hydrogen sulfide. (D) Conditions that might exist in each area of exposure shall be considered when preparing a contingency plan. (E) The plan shall include instructions and procedures for alerting the general public and public safety personnel of the existence of an emergency. (F) The plan shall include procedures for requesting assistance and for follow-up action to remove the public from an area of exposure. (G) The plan shall include a call list which shall include the following as they may be applicable: (i) local supervisory personnel; (ii) county sheriff; (iii) Department of Public Safety; (iv) city police; (v) ambulance service; (vi) hospital; (vii) fire department; (viii) doctors; (ix) contractors for supplemental equipment; (x) district Railroad Commission office; (xi) the appropriate regional office of the Texas Commission on Environmental Quality or its successor agencies; Cont'd... |
