1. (a) 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 LP-Gas Safety Rules and statutes, in addition to any applicable requirements of the municipality or the county where an installation is or will be located.

2. (b) Commercial installations with an aggregate water capacity of less than 10,000 gallons.

   1. (1) Within 10 calendar days following the completion of a container installation, the licensee shall submit LPG Form 501 to the Commission stating:

      1. (A) the installation is in total compliance with the statutes and LP-Gas Safety Rules;
      2. (B) all necessary LP-gas licenses and certificates have been issued; and
      3. (C) the date the installation has been placed into LP-gas service.
   2. (2) 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 listed on the form. A nonrefundable $20 fee shall be required for any resubmission.
   3. (3) The Commission 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 operations may commence prior to the submission of LPG Form 501 if the facility is in compliance with the LP-Gas Safety Rules.

3. (c) Aggregate water capacity of 10,000 gallons or more.

   1. (1) For installations with an aggregate water capacity of 10,000 gallons or more, the licensee shall submit the following information to the Commission 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):

      1. (A) LPG Form 500;
      2. (B) LPG Form 500A with all applicable documents;

      3. (C) a plat drawing from the appropriate appraisal district identifying:

         1. (i) the facility's property boundaries;
         2. (ii) the names of all real property owners within 500 feet; and
         3. (iii) a 500-foot radius measured from the proposed container location on the site.

      4. (D) a site plan of sufficient scale that identifies:

         1. (i) the location, types, and sizes of all containers already on site or proposed to be on site;
         2. (ii) the distances from the containers and material handling equipment to the property lines, buildings, and railroad, pipeline, or roadway rights-of-way; and
         3. (iii) any known potential hazards.
      5. (E) pay a nonrefundable fee of $50 for the initial application. A nonrefundable $30 fee shall be required for any resubmission.

   2. (2) In addition to NFPA 58, §3.2.3.3, prior to the installation of any individual LP-gas container, the Commission shall determine whether the proposed installation constitutes a danger to the public health, safety, and welfare.

      1. (A) The Commission may impose restrictions or conditions on the proposed LP-gas installation based on one or more of the following factors:

         1. (i) nature and density of the population or occupancy of structures within 500 feet of the proposed or existing container locations;
         2. (ii) nature of use of property located within 500 feet of the LP-gas installation;
         3. (iii) nature and volume of vehicular traffic within 500 feet of the proposed container;
         4. (iv) type and number of roadways within 500 feet of the proposed container;
         5. (v) type of operations on the installation's premises;
         6. (vi) potential sources of ignition that might affect an LP-gas leak;
         7. (vii) existence of dangerous or combustible materials in the area that might be affected by an emergency situation;
         8. (viii) any other factors material to the public health, safety, and welfare.
      2. (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. (3) If an LP-gas stationary installation, equipment, or appurtenances not specifically covered by the LP-Gas Safety Rules has been or will be installed, the Commission shall apply and require any reasonable safety provisions to ensure the LP-gas installation is safe for LP-gas service. If the affected entity disagrees with the Commission's determination, the entity may request a hearing. The installation shall not be placed into LP-gas operation until the Commission has determined that the installation is safe for LP-gas service.
   4. (4) The Commission shall notify the applicant in writing outlining its findings. If the application is administratively denied, the applicant may modify the submission and resubmit it or request a hearing on the matter in accordance with the General Rules of Practice and Procedure of the Railroad Commission of Texas.
   5. (5) The licensee shall not commence construction until notice is received from the Commission. Upon completion of a field inspection as specified in §9.109 of this title (relating to Physical Inspection of Stationary LP-Gas Installations), the operator, pending the inspection findings, may commence LP-gas operations of the facility.
4. (d) 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 a capacity of 10,000 gallons or more.
5. (e) If a licensee is replacing a container with the same or less overall length and diameter, installed in the identical location of the existing container, the licensee shall file LPG Form 500.
6. (f) In addition, the Commission may request LPG Form 5, LPG Form 8, or any other documentation or information pertinent to the installation in order to determine compliance with the LP-Gas Safety Rules.
7. (g) If the subject installation is not completed within one year from the date of the Commission's completed review, the requirements of subsection (c) shall be resubmitted for the Commission's review.

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.