1. (a) The owner of a regulated facility must apply to the General Land Office (GLO) for a discharge prevention and response certificate. No facility may commence or continue operations after January 1, 1993, without a discharge prevention and response certificate issued by GLO. However, any person who has requested a waiver from facility certification requirements, pursuant to §19.4 of this title (relating to Waiver), is deemed to be in compliance with all time limits set forth herein. Application forms are available from the General Land Office, Oil Spill Response Prevention and Response Division, 1700 North Congress Avenue, Austin, Texas 78701-1495.
2. (b) In the case of a facility whose owner is a different person or entity than its operator, the commissioner may require both the owner and operator to file an application for certification. The commissioner may also require only one of the parties to file an application. Generally, the lease operator must file the application for certification of exploration and production activities on an oil and gas lease.
3. (c) For corporate applicants, the application must be signed by an officer of at least the rank of vice-president. For partnerships, the application must be signed by a partner. All applications must also be signed by the person responsible for operation of the facility; this includes, for example, the facility manager, or an area manager if the facility does not have management on site.

4. (d) An applicant for a discharge prevention and response certificate must pay an application fee when the application is filed. An owner or operator who is submitting applications for more than one facility is required to pay only one application fee based on the largest size facility for which an application is submitted. The amount of the fee is determined by the type of regulated facility as follows:

   1. (1) $100 for small facilities that have a storage or daily transfer capacity or actual usage not exceeding 10,000 U.S. gallons;
   2. (2) $1,000 for major facilities that have a storage or daily transfer capacity or actual usage not exceeding 250,000 U.S. gallons;
   3. (3) $2,500 for all other major facilities;
   4. (4) small commercial facilities and underground storage facilities are not required to pay an application fee.
5. (e) A regulated facility may not handle oil after January 1, 1993, without a discharge prevention and response certificate issued by GLO. Facilities which commence operation after January 1, 1993, shall be granted a 90-day period from the commencement of operations or production to apply for facility certification. Facilities must notify GLO when oil is first handled at the site by calling the Oil Spill Prevention and Response Division at (512) 475-1575. Facilities must recertify their discharge prevention and response certificates at the expiration of five years from the date the original discharge and response certificate was issued by the GLO. The fee for recertification will be 10% of the cost of the original application fee.
6. (f) Proof of financial responsibility as required by OSPRA and by this chapter means any proof of financial responsibility already required by any other federal or state law. Requirements under this chapter will be based on regulations yet to be promulgated by the federal government. The commissioner will not deny certification to any facility because of failure to meet any specific amount or form of financial responsibility until specific rules under this chapter are adopted. Pending promulgation of rules under this chapter, the request for proof of financial responsibility in the application for facility certification is for informational purposes only. Facilities are requested to inform the commissioner of the amount and type of financial responsibility currently in place for the particular facility.
7. (g) In lieu of the separate applications required in §19.13 and §19.14 of this title (relating to Applications for Small Commercial Facilities, Underground Storage Facilities, and Small Facilities; and Applications for Major Facilities, respectively), applicants may submit to the GLO two copies of their Federal Response Plan(s) prepared under OPA if that plan(s) is complete, but undergoing approval as required by the United States Coast Guard, the Environmental Protection Agency, the Mineral Management Service, or the Research and Special Programs Administration. Federal response plan means any plan submitted to a federal agency pursuant to the Federal Water Pollution Control Act, 33 United States Code §1321(j). Applicants are required to forward to the GLO copies of all correspondence among the applicant and any or all of the following agencies: the United States Coast Guard, the Environmental Protection Agency, the Minerals Management Service, or the Research and Special Programs Administration relating to the receipt, acceptance, deficiencies and notification of changes in the Federal Response Plan(s) submitted for approval. The applicant should submit the plan(s) and correspondence by mail to: Texas General Land Office, Oil Spill Prevention and Response Division, 1700 North Congress Avenue, Austin, Texas 78701-1495.
8. (h) A guidance document outlining the procedures for application for facility certification can be obtained by submitting a request to the Texas General Land Office, Oil Spill Prevention and Response Division, 1700 North Congress Avenue, Austin, Texas 78701-1495, (512) 475-1575.

Source Note:The provisions of this §19.12 adopted to be effective February 21, 1992, 17 TexReg 1109; amended to be effective September 16, 1992, 17 TexReg 6009; amended to be effective May 14, 1993, 18 TexReg 2849; amended to be effective March 6, 1995, 20 TexReg 1261.