16 Tex. Admin. Code § 8.5 - Definitions
In addition to the definitions given in 49 CFR Parts 40, 191, 192, 193, 195, and 199, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Affected
person--This definition of this term applies only to the procedures and
requirements of §
8.125 of this title (relating to
Waiver Procedure). The term includes but is not limited to:
(A) persons owning or occupying real property
within 500 feet of any property line of the site for the facility or operation
for which the waiver is sought;
(B)
the city council, as represented by the city attorney, the city secretary, the
city manager, or the mayor, if the property that is the site of the facility or
operation for which the waiver is sought is located wholly or partly within any
incorporated municipal boundaries, including the extraterritorial jurisdiction
of any incorporated municipality. If the site of the facility or operation for
which the waiver is sought is located within more than one incorporated
municipality, then the city council of every incorporated municipality within
which the site is located is an affected person;
(C) the county commission, as represented by
the county clerk, if the property that is the site of the facility or operation
for which the waiver is sought is located wholly or partly outside the boundary
of any incorporated municipality. If the site of the facility or operation for
which the waiver is sought is located within more than one county, then the
county commission of every county within which the site is located is an
affected person;
(D) any other
person who would be impacted by the waiver sought.
(2) Applicant--A person who has filed with
the Oversight and Safety Division, Pipeline Safety Department, a complete
application for a waiver to a pipeline safety rule or regulation, or a request
to use other technology or assessment methodology not specifically listed in
§
8.101(b)(1) of
this title (relating to Pipeline Integrity Assessment and Management Plans for
Natural Gas and Hazardous Liquids Pipelines).
(3) Application for waiver--The written
request, including all reasons and all appropriate documentation, for the
waiver of a particular rule or regulation with respect to a specific facility
or operation.
(4) Charter
school--An elementary or secondary school operated by an entity created
pursuant to Texas Education Code, Chapter 12.
(5) Commission--The Railroad Commission of
Texas.
(6) Direct assessment--A
structured process that identifies locations where a pipeline may be physically
examined to provide assessment of pipeline integrity. The process includes
collection, analysis, assessment, and integration of data, including but not
limited to the items listed in §
8.101(b)(1) of
this title. The physical examination may include coating examination and other
applicable non-destructive evaluation.
(7) Director--The director of the Oversight
and Safety Division or the director's delegate.
(8) Division--The Oversight and Safety
Division of the Commission.
(9)
Farm tap odorizer--A wick-type odorizer serving a consumer or consumers off any
pipeline other than that classified as distribution as defined in
49 C.F.R.
192.3 which uses not more than 10 mcf on an
average day in any month.
(10)
Gas--Natural gas, flammable gas, or other gas which is toxic or
corrosive.
(11) Gas company--Any
person who owns or operates pipeline facilities used for the transportation or
distribution of gas, including master metered systems.
(12) Hazardous liquid--Petroleum, petroleum
products, anhydrous ammonia, or any substance or material which is in liquid
state, excluding liquefied natural gas (LNG), when transported by pipeline
facilities and which has been determined by the United States Secretary of
Transportation to pose an unreasonable risk to life or property when
transported by pipeline facilities.
(13) In-line inspection--An internal
inspection by a tool capable of detecting anomalies in pipeline walls such as
corrosion, metal loss, or deformation.
(14) Intrastate pipeline facilities--Pipeline
facilities located within the State of Texas which are not used for the
transportation of natural gas or hazardous liquids or carbon dioxide in
interstate or foreign commerce.
(15) Lease user--A consumer who receives free
gas in a contractual agreement with a pipeline operator or producer.
(16) Liquids company--Any person who owns or
operates a pipeline or pipelines and/or pipeline facilities used for the
transportation or distribution of any hazardous liquid, or carbon dioxide, or
anhydrous ammonia.
(17) Master
meter operator--The owner, operator, or manager of a master metered
system.
(18) Master metered
system--A pipeline system (other than one designated as a local distribution
system) for distributing gas within but not limited to a definable area, such
as a mobile home park, housing project, or apartment complex, where the
operator purchases metered gas from an outside source for resale through a gas
distribution pipeline system. The gas distribution pipeline system supplies the
ultimate consumer who either purchases the gas directly through a meter or by
other means such as rents.
(19)
Natural gas or other gas supplier--The entity selling and delivering gas to a
school facility or a master metered system. If more than one entity sells and
delivers gas to a school facility or master metered system, each entity is a
gas supplier for purposes of this chapter.
(20) Operator--A person who operates on his
or her own behalf, or as an agent designated by the owner, intrastate pipeline
facilities.
(21) Person--Any
individual, firm, joint venture, partnership, corporation, association,
cooperative association, joint stock association, trust, or any other business
entity, including any trustee, receiver, assignee, or personal representative
thereof, a state agency or institution, a county, a municipality, or school
district or any other governmental subdivision of this state.
(22) Person responsible for a school
facility--In the case of a public school, the superintendent of the school
district as defined in Texas Education Code, §
11.201, or the
superintendent's designee previously specified in writing to the gas supplier.
In the case of charter and private schools, the principal of the school or the
principal's designee previously specified in writing to the gas
supplier.
(23) Pipeline
facilities--New and existing pipe, right-of-way, and any equipment, facility,
or building used or intended for use in the transportation of gas or hazardous
liquid or their treatment during the course of transportation.
(24) Pressure test--Those techniques and
methodologies prescribed for leak-test and strength-test requirements for
pipelines. For natural gas pipelines, including LPG distribution systems and
master metered systems, the requirements are found in 49 Code of Federal
Regulations (CFR) Part 192, and specifically include
49
C.F.R. 192.505,
49
C.F.R. 192.507,
49
C.F.R. 192.515, and
49 C.F.R.
192.517. For hazardous liquids pipelines, the
requirements are found in 49 CFR Part 195, and specifically include
49 C.F.R.
195.305,
49 C.F.R.
195.306,
49 C.F.R.
195.308, and
49 C.F.R.
195.310.
(25) Private school--A school that:
(A) offers a course of instruction for
students in one or more grades from kindergarten through grade 12;
(B) is not operated by a governmental entity;
and
(C) is not a home
school.
(26) Public
school--An elementary or secondary school operated by an entity created in
accordance with the laws of the State of Texas and accredited by the Texas
Education Agency pursuant to Texas Education Code, Chapter 39, Subchapter D.
The term does not include programs and facilities under the jurisdiction of the
Texas Juvenile Justice Department, the Texas Health and Human Services
Commission, the Texas Department of Criminal Justice or any probation agency,
the Texas School for the Blind and Visually Impaired, the Texas School for the
Deaf and Regional Day Schools for the Deaf, the Texas Academy of Mathematics
& Science, the Texas Academy of Leadership in the Humanities, and home
schools or proprietary schools as defined in Texas Education Code, §
132.001.
(27) School facility--All piping, buildings
and structures operated by a public, charter, or private school that are
downstream of a meter measuring gas service in which students receive
instruction or participate in school sponsored extracurricular activities,
excluding maintenance or bus facilities, administrative offices, and similar
facilities not regularly utilized by students.
(28) Transportation of gas--The gathering,
transmission, or distribution of gas by pipeline or its storage within the
State of Texas. For purposes of safety regulation, the term shall include
onshore pipeline and production facilities, beginning after the first point of
measurement and ending as defined by 49 CFR Part 192 as the beginning of an
onshore gathering line.
(29)
Transportation of hazardous liquids or carbon dioxide--The movement of
hazardous liquids or carbon dioxide by pipeline, or their storage incidental to
movement, except that, for purposes of safety regulations, it does not include
any such movement through gathering lines in rural locations or production,
refining, or manufacturing facilities or storage or in-plant piping systems
associated with any of those facilities.
Notes
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