16 Tex. Admin. Code § 14.2040 - Filings Required for Stationary LNG Installations
(a) General requirements. 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
statutes. LNG systems under the jurisdiction of DOT Safety regulations in 49
CFR Part 193 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 15,540 gallons.
(1) Within 30 calendar days following the
completion of a commercial container installation, the licensee shall submit
LNG Form 2501 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 LNG service.
(2) The
licensee shall pay a nonrefundable fee of $10 for each LNG container listed on
the form.
(A) AFS shall review the submitted
information and shall notify the applicant in writing of any
deficiencies.
(B) A nonrefundable
$20 fee shall be required for any resubmission.
(3) LNG activities may commence prior to the
submission of LNG Form 2501 if the facility is in compliance with the rules in
this chapter.
(c)
Aggregate water capacity of 15,540 gallons or more.
(1) For stationary installations with an
aggregate water capacity of 15,540 gallons or more, the licensee shall submit
the following information to AFS at least 30 days prior to construction:
(A) LNG Form 2500;
(B) LNG Form 2500A 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) fire protection which complies
with §
14.2131 of this title (relating to
Fire Protection);
(ii) the
location, types, and size of all LNG containers already on site or proposed to
be on site,
(iii) the distances
from the container(s) to property lines and buildings;
(iv) the location of LNG dispensers and their
distance from the proposed container (the nearest container if more than one),
property lines, buildings on the same property, roadways, driveways, and
railroad track centerlines;
(v) any
known potential hazards;
(vi) the
location of any sources of ignition;
(vii) the location of other types of
aboveground fuel containers, the type of fuel stored, and the distance to LNG
containers and dispensing equipment;
(viii) the location of other types of fuel
dispensers, the type of fuel dispensed, and the distance to LNG containers and
dispensing equipment;
(E)
a non-refundable fee of $50 for the initial application or a nonrefundable fee
of $30 for any resubmission; and
(F) if the facility is accessed by cargo
tanks 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 LNG cargo tanks.
(2) Site plans shall include a scale or
legend indicating the distances or measurements described and printed copies of
plans with a legend must be printed to the correct size for the legend or
distance provided.
(3) Plans and
specifications submitted under paragraph (1)(D) of this subsection 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.
(4) If the applicant modifies the plans and
specifications before tentative or interim approval is granted by AFS 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 AFS.
(5) Prior to
the installation of any individual LNG container, AFS shall determine whether
the proposed installation constitutes a danger to the public health, safety,
and welfare. The applicant shall provide additional information if requested by
AFS.
(A) AFS may impose restrictions or
conditions on the proposed LNG 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 LNG
installation;
(iii) type of
activities on the installation's premises;
(iv) potential sources of ignition that might
affect an LNG leak;
(v) existence
of dangerous or combustible materials in the area that might be affected by an
emergency situation;
(vi) any known
potential hazards or 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.
(6) AFS shall notify the applicant as
follows:
(A) If AFS administratively approves
the installation, AFS shall notify the applicant in writing within 21 business
days.
(B) If the application is
administratively denied:
(i) AFS shall notify
the applicant in writing, specifying the deficiencies, within 21 business
days.
(ii) To proceed with the
application, the applicant shall 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). 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.
(iii) When AFS 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 AFS review of the proposed installation.
(iv) The applicant may request in writing an
extension of the 120-day time period. The request shall be postmarked or
physically delivered to AFS before the expiration date. AFS may extend the
application period for up to an additional 90 days.
(7) The licensee shall not
commence construction until notice of approval is received from AFS.
(A) If the subject installation is not
completed within one year from the date AFS has granted construction approval,
the application will expire.
(B)
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.
(C) If the applicant fails to request an
extension of time within the time period prescribed in this paragraph, the
applicant will be required to submit a new application before the installation
can be completed.
(8) The
applicant shall submit to AFS written notice of completed construction and the
Commission shall complete the field inspection as specified in §
14.2042 of this title (relating to
Physical Inspection of Stationary Installations).
(9) The container may be placed into service
after AFS has completed the inspection and determines the installation meets
all safety requirements.
(10) The
proposed installation shall not be operated or used in LNG service until
approved by AFS.
(11) A licensee
shall not be required to submit LNG Form 2500, LNG Form 2500A, or a site plan
prior to the installation of pull-away devices, or emergency shutoff valves
(ESV's), or when maintenance and improvements are being made to the piping
system at an existing LNG installation.
(12) 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 LNG Form 2500.
(d) AFS may request LNG Form 2008, 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 §
14.2014 of this title (relating to
Applications for License or Manufacturer Registration (New and Renewal)) within
30 days of installation.
Notes
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