| (a) General requirements. 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 rules
in this chapter and statutes. 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 AFS stating:
(A) the installation fully complies with the statutes
and the rules in this chapter;
(B) all necessary Commission licenses, certificates,
and permits have been issued; and
(C) the date the installation has been placed into
LP-gas service.
(2) The licensee shall 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) AFS 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 activities
may commence prior to the submission of LPG Form 501 if the facility
is in compliance with the rules in this chapter.
(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 AFS 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
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 LP-gas containers
already on site or proposed to be on site;
(ii) the distances from the containers to adjoining
property lines, buildings, and railroad, pipeline, or roadway rights-of-way;
(iii) any known potential hazards;
(iv) location of bulkhead and distance from nearest
container;
(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; and
(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; and
(F) a nonrefundable fee of $50 for the initial application,
or a nonrefundable $30 fee for any resubmission.
(2) Prior to the installation of any individual LP-gas
container, AFS shall determine whether the proposed installation constitutes
a danger to the public health, safety, and welfare.
(A) AFS may impose restrictions or conditions on the
proposed LP-gas installation based on one or more of the following
factors:
(i) nature and density of the population or occupancy
of structures within 500 feet of the proposed or existing container
locations;
(ii) nature of use of property located within 500 feet
of the LP-gas installation;
(iii) nature and volume of vehicular traffic within500
feet of the proposed container;
(iv) type and number of roadways within 500 feet of
the proposed container;
(v) type of activities 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) AFS shall notify the applicant in writing of its
findings.
(4) If the application is administratively denied:
(A) AFS shall specify the deficiencies in the written
notice required in paragraph (3) of this subsection.
(B) The applicant may 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).
(5) The licensee shall not commence construction until
notice of approval is received from AFS. If the subject installation
is not completed within one year from the date AFS has granted construction
approval, the application will expire and the applicant shall submit
a new application before the installation can be completed.
(6) The applicant shall submit to AFS written notice
of completed construction and the Commission shall complete the field
inspection specified in §9.109 of this title (relating to Physical
Inspection of Stationary LP-Gas Installations).
(7) The container may be placed into service after
AFS has completed the inspection and determines the installation meets
all safety requirements.
(8) 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 an aggregate water
capacity of 10,000 gallons or more.
(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 LPG Form 500.
(d) AFS 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 rules in this
chapter.
(e) For an installation that is a licensee outlet,
the operating licensee shall comply with §9.7(g) of this title
(relating to Applications for Licenses, Manufacturer Registrations,
and Renewals).
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| 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; amended to be effective January 6, 2020, 45 TexReg 127 |
