SECTION 9.101. Filings Required for Stationary LP-Gas Installations

(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).

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