{"operation":"document","citation":"16 TAC § 8.1","title":"General Applicability and Standards","source_type":"regulation","agency":"Railroad Commission of Texas","status":"current","official":true,"published_on":null,"effective_on":"2024-12-09","summary":"(a) Applicability. (1) The rules in this chapter establish minimum standards of accepted good practice and apply to: (A) all gas pipeline facilities and facilities used in the intrastate transportation of gas, including LPG distribution systems and master metered systems, as provided in 49 United St","machine_formats":{"json":"https://regulus.evalyn.ai/document/tx-tac-16-8-1.json","markdown":"https://regulus.evalyn.ai/document/tx-tac-16-8-1.md"},"app_url":"https://regulus.evalyn.ai/document/tx-tac-16-8-1","source_url":"https://texas-sos.appianportalsgov.com/rules-and-meetings?chapter=8&interface=VIEW_TAC&part=1&title=16","body":"(a) Applicability.\n(1) The rules in this chapter establish minimum standards\nof accepted good practice and apply to:\n(A) all gas pipeline facilities and facilities used in the\nintrastate transportation of gas, including LPG distribution\nsystems and master metered systems, as provided in 49\nUnited States Code (U.S.C.) §§60101, et seq.; and Texas\nUtilities Code, §§121.001 - 121.507;\n(B) onshore production pipelines and production\nfacilities, in Class 2, 3, or 4 locations as defined by 49 CFR\n§192.5, beginning after the first point of measurement and\nending as defined by 49 CFR Part 192 as the beginning of an\nonshore gathering line. These production pipelines and\nproduction facilities shall be subject to 49 CFR §192.8(c) in\ndetermining if these pipelines and facilities are Type A or\nType B and are subject to the rules in 49 CFR §192.9 for\nType A or Type B pipelines;\n(C) the intrastate pipeline transportation of hazardous\nliquids or carbon dioxide and all intrastate pipeline facilities\nas provided in 49 U.S.C. §§60101, et seq.; and Texas Natural\nResources Code, §117.011 and §117.012; and\n(D) all pipeline facilities originating in Texas waters\n(three marine leagues and all bay areas). These pipeline\nfacilities include those production and flow lines originating\nat the well. These facilities shall be subject to 49 CFR Part\n192 for natural gas pipelines and 49 CFR Part 195 for\nhazardous liquid pipelines.\n(2) The regulations do not apply to those facilities and\ntransportation services subject to federal jurisdiction under:\n15 U.S.C. §§717, et seq.; or 49 U.S.C. §§60101, et seq.\n(b) Minimum safety standards. The Commission adopts by\nreference the following provisions, as modified in this\nchapter, effective December 9, 2024.\n(1) Natural gas pipelines, including LPG distribution\nsystems and master metered systems, shall be designed,\nconstructed, maintained, and operated in accordance with 49\nU.S.C. §§60101, et seq.; 49 Code of Federal Regulations\n(CFR) Part 191, Transportation of Natural and Other Gas by\nPipeline; Annual Reports, Incident Reports, and Safety-\nRelated Condition Reports; 49 CFR Part 192, Transportation\nof Natural and Other Gas by Pipeline: Minimum Federal\nSafety Standards; and 49 CFR Part 193, Liquefied Natural\nGas Facilities: Federal Safety Standards.\n(2) Hazardous liquids or carbon dioxide pipelines shall\ncomply with 49 U.S.C. §§60101, et seq.; and 49 CFR Part\n195, Transportation of Hazardous Liquids by Pipeline.\n(3) All operators of pipelines and/or pipeline facilities,\nexcept operators that only operate one or more master meter\nsystems, as defined in 49 CFR §191.3, shall comply with 49\nCFR Part 199, Drug and Alcohol Testing, and 49 CFR Part\n40, Procedures for Transportation Workplace Drug and\nAlcohol Testing Programs.\n(4) All operators of pipelines and/or pipeline facilities\nregulated by this chapter, other than master metered systems\nand distribution systems, shall comply with §3.70 of this title\n(relating to Pipeline Permits Required).\n(c) Special situations. Nothing in this chapter shall prevent\nthe Commission, after notice and hearing, from prescribing\n\nmore stringent standards in particular situations. In special\ncircumstances, the Commission may require the following:\n(1) Any operator which cannot determine to its\nsatisfaction the standards applicable to special circumstances\nmay request in writing the Commission's advice and\nrecommendations. In a special case, and for good cause\nshown, the Commission may authorize exemption,\nmodification, or temporary suspension of any of the\nprovisions of this chapter, pursuant to the provisions of\n§8.125 of this title (relating to Waiver Procedure).\n(2) If an operator transports gas and/or operates pipeline\nfacilities which are in part subject to the jurisdiction of the\nCommission and in part subject to the Department of\nTransportation pursuant to 49 U.S.C. §§60101, et seq.; the\noperator may request in writing to the Commission that all of\nits pipeline facilities and transportation be subject to the\nexclusive jurisdiction of the Department of Transportation. If\nthe operator files a written statement under oath that it will\nfully comply with the federal safety rules and regulations, the\nCommission may grant an exemption from compliance with\nthis chapter.\n(d) Retention of DOT filings. A person filing any\ndocument or information with the Department of\nTransportation pursuant to the requirements of 49 CFR Parts\n190, 191, 192, 193, 195, or 199 shall retain a copy of that\ndocument or information. Such person is not required to\nconcurrently file that document or information with the\nDivision unless another rule in this chapter requires the\ndocument or information to be filed with the Division or\nunless the Division requests a copy.\n(e) Penalties. A person who submits incorrect or false\ninformation with the intent of misleading the Commission\nregarding any material aspect of an application or other\ninformation required to be filed at the Commission may be\npenalized as set out in Texas Natural Resources Code,\n§§117.051 - 117.054, and/or Texas Utilities Code, §§121.206\n- 121.210, and the Commission may dismiss with prejudice\nto refiling an application containing incorrect or false\ninformation or reject any other filing containing incorrect or\nfalse information.\n(f) Retroactivity. Nothing in this chapter shall be applied\nretroactively to any existing intrastate pipeline facilities\nconcerning design, fabrication, installation, or established\noperating pressure, except as required by the Office of\nPipeline Safety, Department of Transportation. All intrastate\npipeline facilities shall be subject to the other safety\nrequirements of this chapter.\n(g) Compliance deadlines. Operators shall comply with the\napplicable requirements of this section according to the\nfollowing guidelines.\n(1) Each operator of a pipeline and/or pipeline facility\nthat is new, replaced, relocated, or otherwise changed shall\ncomply with the applicable requirements of this section at\nthe time the pipeline and/or pipeline facility goes into\nservice.\n(2) An operator whose pipeline and/or pipeline facility\nwas not previously regulated but has become subject to\nregulation pursuant to the changed definition in 49 CFR Part\n192 and subsection (a)(1)(B) of this section shall comply\nwith the applicable requirements of this section no later than\nthe stated date:\n(A) for cathodic protection (49 CFR Part 192), March\n1, 2012;\n(B) for damage prevention (49 CFR 192.614),\nSeptember 1, 2010;\n\n(C) to establish an MAOP (49 CFR 192.619), March 1,\n2010;\n(D) for line markers (49 CFR 192.707), March 1, 2011;\n(E) for public education and liaison (49 CFR 192.616),\nMarch 1, 2011; and\n(F) for other provisions applicable to Type A gathering\nlines (49 CFR 192.8(c)), March 1, 2011.","truncated":false,"body_characters":6785}