1. (a) Aggregate storage capacity in excess of 240 standard cubic feet water volume.

   1. (1) Prior to the installation of any CNG container which would result in an aggregate storage capacity in excess of 240 cubic feet water volume, plans and specifications for the installation must be submitted to the commission with CNG Form 1500. See subsection (f) of this section relating to additional requirements for installations with an aggregate storage capacity in excess of 240 standard cubic feet water volume.
   2. (2) Plans and specifications required by paragraph (1) of this subsection submitted with an application for a Category 3 or 5 license or for a multiple category license that includes a Category 3 or 5 license will not be granted tentative approval by the commission until all other licensing requirements are met.
   3. (3) A CNG Form 1500 is not required when a previously approved system is repaired, renovated, extended, or modified, provided the subsequent change does not increase the CNG aggregate storage capacity at the site.
   4. (4) A nonrefundable fee of $26 shall be submitted with each CNG Form 1500. A nonrefundable fee of $16 shall be submitted for each resubmitted CNG Form 1500.
2. (b) The commission shall examine all drawings, plans, reports, and specifications for stationary installations required by statute or commission regulation to be submitted for tentative approval to determine whether the design, manufacture, construction, or use of the depicted item, systems, operations, procedure, or installation complies with the regulations for compressed natural gas. A determination will also be made whether the subject submission poses a threat to the health, safety, and welfare of the general public. If the commission declines administratively to approve the submission, the applicant shall be notified in writing within the required time period of the deficiencies. The applicant may modify the submission and resubmit it for approval within the required time period, or may request a hearing on the matter in accordance with the general rules of practice and procedure of the Railroad Commission of Texas. The subject of the submission may not be operated or used in CNG service in this state until approved by the Railroad Commission of Texas following a hearing.
3. (c) If a CNG stationary installation which is not specifically covered by the regulations for compressed natural gas has been or is to be installed, the commission shall apply and require any reasonable sound engineering and safety provisions which may be considered necessary to ensure the CNG installation is safe for CNG service. If the affected party disagrees with the commission's determination, he or she may request a hearing. However, the installation shall not be placed in CNG operation until the commission has determined the installation is safe for CNG service.

4. (d) Aggregate storage capacity of less than 240 standard cubic feet water volume.

   1. (1) A CNG Form 1501 must be postmarked or physically delivered to the commission within 10 calendar days after completion of the installation of any CNG container(s) having an aggregate storage capacity of less than 240 standard cubic feet at a commercial installation. No CNG shall be introduced in any CNG container that is not installed in accordance with the statutes of the State of Texas, or with the regulations for compressed natural gas in effect at the time of installation. The submission of the CNG Form 1501 will indicate that:

      1. (A) the installation is in total compliance with the statutes and the regulations for compressed natural gas;
      2. (B) that any necessary CNG licenses have been issued; and
      3. (C) that the installation has been placed in CNG service.
   2. (2) If a CNG licensee violates the provisions of this subsection, the commission may require the CNG licensee to submit a CNG Form 1500, and plans and specifications for future CNG installations. The affected CNG licensee shall be notified in writing of this finding. If the CNG licensee disagrees with the determination of the commission, then that licensee may request a public hearing on the matter. Until a decision is issued by the Railroad Commission of Texas subsequent to a hearing on the matter the CNG licensee shall be required to submit plans and specifications as noted in this paragraph.
   3. (3) A nonrefundable fee of $6.00 for each ASME container or DOT cylinder cascade listed on the form shall be submitted with each originally filed CNG Form 1501. A nonrefundable fee of $12 shall be submitted with each resubmitted CNG Form 1501.
5. (e) Notice of complete or incomplete form. The commission will review all applications within 21 calendar days of their receipt. Written notification of whether the application is complete or incomplete shall be mailed to the applicant within the 21 calendar day period.

6. (f) Tentative approval for stationary CNG installations.

   1. (1) Granting of tentative approval for CNG installations of aggregate storage capacity in excess of 240 standard cubic feet water volume. Tentative approval may be granted by the commission if it is determined that the application meets all applicable CNG safety regulations and statutes of the State of Texas, and that the installation does not appear to constitute a danger to the public health, safety, and welfare. The construction of the installation and the setting of the container(s) may not proceed until the applicant has received written notification of the tentative approval.
   2. (2) Alterations or additions. The commission must be notified prior to implementation of any field alterations or additions during construction (except maintenance and repairs) related to the CNG installation in order for the commission to determine if resubmission of plans and specifications for reconsideration is required.

7. (g) Expiration of application; extension.

   1. (1) When an applicant is notified of an incomplete CNG Form 1500, 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, a new application must be filed should the applicant wish to reactivate commission review of the proposed installation.
   2. (2) If the applicant requests an extension of the 120-day time period in writing, postmarked or physically delivered to the commission before the expiration date, the application may be renewed for up to 90 days as determined by the commission.
   3. (3) If the tentatively approved installation is not completed within one year from the date tentative approval was granted the application will expire. Prior to the date of expiration, the applicant may request of the commission in writing an extension of time up to 90 days to complete the installation. If the applicant fails to request an extension of time within the time period prescribed by this subsection, the applicant will be required to submit a new application if the original installation is to be installed.

8. (h) Physical inspection of stationary installations.

   1. (1) Aggregate storage capacity in excess of 240 standard cubic feet water volume. The applicant shall notify the commission when the installation is ready for inspection. If the commission does not physically inspect the facility within 30 calendar days of receipt of written notice that the facility is ready for inspection, the facility may operate conditionally until the first inspection is made. If any safety regulation violation(s) exists at the time of the first inspection, the installation shall cease operation until the violation(s) are corrected.
   2. (2) Aggregate storage capacity of less than 240 standard cubic feet water volume. After receipt of a CNG Form 1501, an inspection will be conducted as soon as possible to verify the installation described is in compliance with the regulations for compressed natural gas. If any CNG statute or safety regulation violation exists at the time of the initial inspection at a commercial installation, the subject container, including any piping, appliances, appurtenances, or equipment connected to it may be immediately removed from CNG service until the violation(s) are corrected.
9. (i) Material variances. If the commission determines the completed installation varies materially from the application originally accepted as in compliance, correction of the variance and notification to the commission, or resubmission of the application is required. The commission's review of such resubmitted application will follow the procedure described in this subsection.

10. (j) Final approval of stationary CNG installations. No CNG container may be placed into CNG service until after final approval has been granted. Final approval will follow a physical inspection of the completed installation. If, following the physical inspection of the installation by the commission, it is found that the installation:

    1. (1) complies with:

       1. (A) the plans and specifications given tentative approval by the commission; or
       2. (B) the regulations for compressed natural gas; and
       3. (C) the statutes of the State of Texas; and
    2. (2) does not constitute a danger to the public health, safety, and welfare, then the commission shall issue an order granting final approval.

11. (k) Appurtenances and equipment.

    1. (1) All appurtenances and equipment placed into CNG service shall be listed by a nationally recognized testing laboratory, i.e., Underwriters Laboratory (UL), Factory Mutual (FM), American Gas Association (AGA), or Canadian Gas Association (CGA), or such other laboratories approved by the commission unless:

       1. (A) it is specifically prohibited for use by another section of the regulations for compressed natural gas; or
       2. (B) there is no test specification or procedure developed by the testing laboratory for the appurtenance or equipment.
    2. (2) Appurtenances and equipment that cannot be listed but are not prohibited for use by the regulations for compressed natural gas shall be acceptable and safe for CNG service over the full range of pressures and temperatures to which they will be subjected under normal operating conditions.
    3. (3) Documentation sufficient to substantiate any claims made regarding the safety of any valves, fittings, and equipment shall be required by the commission.
    4. (4) Compliance under this section does not ensure conformity with other state and federal regulations, such as those of the Texas Air Control Board.

Source Note:The provisions of this §13.25 adopted to be effective November 15, 1990, 15 TexReg 5936; amended to be effective October 15, 1993, 18 TexReg 6456.