1. (a) Aggregate water capacity of 10,000 gallons or more.

   1. (1) Prior to the installation of any LP-gas container which would result in an aggregate water capacity of 10,000 gallons or more, plans and specifications for the installation must be submitted to the commission with LPG Form 500. Tentative or interim approval must be obtained prior to the setting of the LP-gas container and construction of the LP-gas installation.

      1. (A) Plans and specifications shall include a plat or drawing of the proposed LP-gas installation.
      2. (B) The plat or drawing shall describe the facility's property or a 250-foot diameter (measured from the proposed container's location on the site), whichever is smaller, and include all containers, buildings, structures, geographical or topographical features, or any other features or activities relating to LP-gas which could affect the health, safety and welfare of the general public. The plat or drawing shall include a scale or legend to indicate the distances or measurements described.
   2. (2) When any LP-gas container is replaced with container(s) of the same overall length and diameter or less and installed in the identical location of the existing container(s) at LP-gas storage installations of 10,000 gallons aggregate water capacity or more, an LPG Form 501 shall be filed with the commission in accordance with this section.
   3. (3) LPG Form 500, LPG Form 50OA, and LPG Form 501, including plans and specifications, are not required to be filed prior to installation of bulkheads, pull-away devices, and emergency shutoff valves (ESVs) or when maintenance and improvements are being made to the piping system at existing LP-gas installations having an aggregate water capacity of 10,000 gallons or more which have been previously approved.

   4. (4) Prior to the installation of any individual LP-gas container referenced in this section in a heavily populated or congested area, the commission shall determine whether the proposed installation poses a threat to the health, safety, and welfare of the general public. The commission shall determine restrictions on LP-gas container capacities in accordance with the following:

      1. (A) density of the population within 500 feet of the LP-gas installation;
      2. (B) nature of the land use on those pieces of property located within 500 feet of the LP-gas installation;
      3. (C) vehicular traffic in the area;
      4. (D) types and numbers of roadways in the area;
      5. (E) type of operations on the premises;
      6. (F) potential sources of ignition in the area that might be affected by an LP-gas leak;
      7. (G) existence of dangerous or combustible materials in the area that might be affected in an emergency situation;
      8. (H) the number of members of the general public who are concentrated in the area;

      9. (I) any other material factor(s) related to the public health, safety, and welfare.

         1. (i) If the commission declines to administratively approve the installation, the applicant shall be notified in writing. The applicant may modify the submission and resubmit for approval, or may request a hearing on the matter in accordance with the general rules of practice and procedure of the Railroad Commission of Texas.
         2. (ii) The proposed installation shall not be operated or used in LP-gas service until approved by the commission.
   5. (5) Fee. A nonrefundable fee of $25 shall be submitted with each LPG Form 500. A nonrefundable resubmission fee of $15 shall be included with each incomplete or revised set of plans and specifications resubmitted.

2. (b) Aggregate water capacity of less than 10,000 gallons.

   1. (1) An LPG Form 501 must be postmarked or physically delivered to the commission within 10 calendar days after completion of the installation of any LP-gas container having an aggregate water capacity under 10,000 gallons at a commercial installation. No LP-gas shall be introduced into any LP-gas container that is not installed in accordance with the statutes of the State of Texas, or with the LP-gas safety rules in effect at the time of installation. The submission of the LPG Form 501 will indicate that:

      1. (A) the installation is in total compliance with the statutes and LP-gas safety rules;
      2. (B) that any necessary LP-gas licenses have been issued; and
      3. (C) that the installation has been placed in LP-gas service.
   2. (2) If an LP-gas licensee violates the provisions of this subsection, the commission may require the affected LP-gas licensee to submit an LPG Form 500, and plans and specifications for future LP-gas installations. The affected LP-gas licensee shall be notified in writing of this finding. If the LP-gas licensee disagrees with the determination of the commission, then that licensee may request a public hearing on the matter. Until a decision is issued subsequent to a hearing on the matter the LP-gas licensee shall be required to submit plans and specifications as noted above.
   3. (3) A non-refundable fee of $5.00 for each LP-gas container (including cylinders) listed on the form shall be submitted with each LPG Form 501 required to be filed by the applicable subsection(s) of this section. A non-refundable resubmission fee of $11 shall be included for each LPG Form 501 resubmitted.
3. (c) 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.

4. (d) Expiration of application; extension.

   1. (1) When an applicant is notified of an incomplete LPG Form 500, or LPG Form 500A, 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 in this subsection, the applicant will be required to submit a new application if the original installation is to be installed.

5. (e) Review of drawings, plans, reports, specifications, and installations for compliance.

   1. (1) The commission shall examine all drawings, plans, reports, and specifications required by statute or commission regulation to be submitted for approval, including the plat or drawing required in subsection (a)(1) of this section, to determine whether the design, manufacture, construction, or use of the depicted item, system, operations, procedure, or installation complies with the LP-gas safety rules. A determination will also be made whether the subject of the 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 shall not be operated or used in LP-gas service in this state until approved by the Railroad Commission of Texas following a hearing.
   2. (2) If an LP-gas stationary installation which is not specifically covered by the LP-gas safety rules 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 LP-gas installation is safe for LP-gas 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 into LP-gas operation until the Railroad Commission of Texas has determined the installation is safe for LP-gas service.
   3. (3) An LPG Form 5, LPG Form 8, and any other documentation pertinent to the installation may be requested by the commission in order to further determine compliance with the safety rules.
   4. (4) Plans and specifications required by subsection (a)(1) of this section submitted with an application for a Category F, G, or I license or for a multiple category license that includes a Category F, G, or I license will not be granted tentative approval by the commission until all other licensing requirements have been met.

Source Note:The provisions of this §9.20 adopted to be effective October 24, 1977, 2 TexReg 3899; amended to be effective September 14, 1982, 7 TexReg 3182; amended to be effective October 15, 1993, 18 TexReg 6443; amended to be effective March 2, 1998, 23 TexReg 1943.