16 Tex. Admin. Code § 8.1 - General Applicability and Standards
(a) Applicability.
(1) The rules in this chapter establish
minimum standards of accepted good practice and apply to:
(A) all gas pipeline facilities and
facilities used in the intrastate transportation of gas, including LPG
distribution systems and master metered systems, as provided in 49 United
States Code (U.S.C.) §§60101, et seq.; and Texas Utilities Code,
§§
121.001 -
121.507;
(B) onshore production pipelines and
production facilities, in Class 2, 3, or 4 locations as defined by
49 CFR §
192.5, beginning after the first point of
measurement and ending as defined by 49 CFR Part 192 as the beginning of an
onshore gathering line. These production pipelines and production facilities
shall be subject to 49 CFR
§
192.8(c) in
determining if these pipelines and facilities are Type A or Type B and are
subject to the rules in 49
CFR §
192.9 for Type A or Type B
pipelines;
(C) the intrastate
pipeline transportation of hazardous liquids or carbon dioxide and all
intrastate pipeline facilities as provided in
49 U.S.C. §§
60101, et seq.; and Texas Natural Resources
Code, §
117.011 and
§
117.012;
and
(D) all pipeline facilities
originating in Texas waters (three marine leagues and all bay areas). These
pipeline facilities include those production and flow lines originating at the
well. These facilities shall be subject to 49 CFR Part 192 for natural gas
pipelines and 49 CFR Part 195 for hazardous liquid pipelines.
(b) Minimum safety standards. The Commission
adopts by reference the following provisions, as modified in this chapter,
effective December 9, 2024.
(1) Natural gas
pipelines, including LPG distribution systems and master metered systems, shall
be designed, constructed, maintained, and operated in accordance with
49 U.S.C. §§
60101, et seq.; 49 Code of Federal
Regulations (CFR) Part 191, Transportation of Natural and Other Gas by
Pipeline; Annual Reports, Incident Reports, and Safety-Related Condition
Reports; 49 CFR Part 192, Transportation of Natural and Other Gas by Pipeline:
Minimum Federal Safety Standards; and 49 CFR Part 193, Liquefied Natural Gas
Facilities: Federal Safety Standards.
(2) Hazardous liquids or carbon dioxide
pipelines shall comply with 49 U.S.C. §§
60101, et
seq.; and 49 CFR Part 195, Transportation of Hazardous Liquids by
Pipeline.
(3) All operators of
pipelines and/or pipeline facilities, except operators that only operate one or
more master meter systems, as defined in
49 CFR §
191.3, shall comply with 49 CFR Part 199,
Drug and Alcohol Testing, and 49 CFR Part 40, Procedures for Transportation
Workplace Drug and Alcohol Testing Programs.
(4) All operators of pipelines and/or
pipeline facilities regulated by this chapter, other than master metered
systems and distribution systems, shall comply with §
3.70 of this title (relating to
Pipeline Permits Required).
(c) Special situations. Nothing in this
chapter shall prevent the Commission, after notice and hearing, from
prescribing more stringent standards in particular situations. In special
circumstances, the Commission may require the following:
(1) Any operator which cannot determine to
its satisfaction the standards applicable to special circumstances may request
in writing the Commission's advice and recommendations. In a special case, and
for good cause shown, the Commission may authorize exemption, modification, or
temporary suspension of any of the provisions of this chapter, pursuant to the
provisions of §
8.125 of this title (relating to
Waiver Procedure).
(2) If an
operator transports gas and/or operates pipeline facilities which are in part
subject to the jurisdiction of the Commission and in part subject to the
Department of Transportation pursuant to
49 U.S.C. §§
60101, et seq.; the operator may request in
writing to the Commission that all of its pipeline facilities and
transportation be subject to the exclusive jurisdiction of the Department of
Transportation. If the operator files a written statement under oath that it
will fully comply with the federal safety rules and regulations, the Commission
may grant an exemption from compliance with this chapter.
(d) Retention of DOT filings. A person filing
any document or information with the Department of Transportation pursuant to
the requirements of 49 CFR Parts 190, 191, 192, 193, 195, or 199 shall retain a
copy of that document or information. Such person is not required to
concurrently file that document or information with the Division unless another
rule in this chapter requires the document or information to be filed with the
Division or unless the Division requests a copy.
(e) Penalties. A person who submits incorrect
or false information with the intent of misleading the Commission regarding any
material aspect of an application or other information required to be filed at
the Commission may be penalized as set out in Texas Natural Resources Code,
§§
117.051 -
117.054,
and/or Texas Utilities Code, §§
121.206 -
121.210, and the
Commission may dismiss with prejudice to refiling an application containing
incorrect or false information or reject any other filing containing incorrect
or false information.
(f)
Retroactivity. Nothing in this chapter shall be applied retroactively to any
existing intrastate pipeline facilities concerning design, fabrication,
installation, or established operating pressure, except as required by the
Office of Pipeline Safety, Department of Transportation. All intrastate
pipeline facilities shall be subject to the other safety requirements of this
chapter.
(g) Compliance deadlines.
Operators shall comply with the applicable requirements of this section
according to the following guidelines.
(1)
Each operator of a pipeline and/or pipeline facility that is new, replaced,
relocated, or otherwise changed shall comply with the applicable requirements
of this section at the time the pipeline and/or pipeline facility goes into
service.
(2) An operator whose
pipeline and/or pipeline facility was not previously regulated but has become
subject to regulation pursuant to the changed definition in 49 CFR Part 192 and
subsection (a)(1)(B) of this section shall comply with the applicable
requirements of this section no later than the stated date:
(A) for cathodic protection (49 CFR Part
192), March 1, 2012;
(B) for damage
prevention (49 CFR
192.614), September 1, 2010;
(C) to establish an MAOP (49 CFR
192.619), March 1, 2010;
(D) for line markers (49 CFR
192.707), March 1, 2011;
(E) for public education and liaison
(49 CFR
192.616), March 1, 2011; and
(F) for other provisions applicable to Type A
gathering lines (49 CFR
192.8(c)), March 1,
2011.
Notes
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