# General Applicability and Standards

- **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:** Not available
- **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
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- **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.
(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 States Code (U.S.C.) §§60101, et seq.; and Texas
Utilities Code, §§121.001 - 121.507;
(B) onshore production pipelines and production
facilities, in Class 2, 3, or 4 locations as defined by 49 CFR
§192.5, beginning after the first point of measurement and
ending as defined by 49 CFR Part 192 as the beginning of an
onshore gathering line. These production pipelines and
production facilities shall be subject to 49 CFR §192.8(c) in
determining if these pipelines and facilities are Type A or
Type B and are subject to the rules in 49 CFR §192.9 for
Type A or Type B pipelines;
(C) the intrastate pipeline transportation of hazardous
liquids or carbon dioxide and all intrastate pipeline facilities
as provided in 49 U.S.C. §§60101, et seq.; and Texas Natural
Resources Code, §117.011 and §117.012; and
(D) all pipeline facilities originating in Texas waters
(three marine leagues and all bay areas). These pipeline
facilities include those production and flow lines originating
at the well. These facilities shall be subject to 49 CFR Part
192 for natural gas pipelines and 49 CFR Part 195 for
hazardous liquid pipelines.
(2) The regulations do not apply to those facilities and
transportation services subject to federal jurisdiction under:
15 U.S.C. §§717, et seq.; or 49 U.S.C. §§60101, et seq.
(b) Minimum safety standards. The Commission adopts by
reference the following provisions, as modified in this
chapter, effective December 9, 2024.
(1) Natural gas pipelines, including LPG distribution
systems and master metered systems, shall be designed,
constructed, maintained, and operated in accordance with 49
U.S.C. §§60101, et seq.; 49 Code of Federal Regulations
(CFR) Part 191, Transportation of Natural and Other Gas by
Pipeline; Annual Reports, Incident Reports, and Safety-
Related Condition Reports; 49 CFR Part 192, Transportation
of Natural and Other Gas by Pipeline: Minimum Federal
Safety Standards; and 49 CFR Part 193, Liquefied Natural
Gas Facilities: Federal Safety Standards.
(2) Hazardous liquids or carbon dioxide pipelines shall
comply with 49 U.S.C. §§60101, et seq.; and 49 CFR Part
195, Transportation of Hazardous Liquids by Pipeline.
(3) All operators of pipelines and/or pipeline facilities,
except operators that only operate one or more master meter
systems, as defined in 49 CFR §191.3, shall comply with 49
CFR Part 199, Drug and Alcohol Testing, and 49 CFR Part
40, Procedures for Transportation Workplace Drug and
Alcohol Testing Programs.
(4) All operators of pipelines and/or pipeline facilities
regulated by this chapter, other than master metered systems
and distribution systems, shall comply with §3.70 of this title
(relating to Pipeline Permits Required).
(c) Special situations. Nothing in this chapter shall prevent
the Commission, after notice and hearing, from prescribing

more stringent standards in particular situations. In special
circumstances, the Commission may require the following:
(1) Any operator which cannot determine to its
satisfaction the standards applicable to special circumstances
may request in writing the Commission's advice and
recommendations. In a special case, and for good cause
shown, the Commission may authorize exemption,
modification, or temporary suspension of any of the
provisions of this chapter, pursuant to the provisions of
§8.125 of this title (relating to Waiver Procedure).
(2) If an operator transports gas and/or operates pipeline
facilities which are in part subject to the jurisdiction of the
Commission and in part subject to the Department of
Transportation pursuant to 49 U.S.C. §§60101, et seq.; the
operator may request in writing to the Commission that all of
its pipeline facilities and transportation be subject to the
exclusive jurisdiction of the Department of Transportation. If
the operator files a written statement under oath that it will
fully comply with the federal safety rules and regulations, the
Commission may grant an exemption from compliance with
this chapter.
(d) Retention of DOT filings. A person filing any
document or information with the Department of
Transportation pursuant to the requirements of 49 CFR Parts
190, 191, 192, 193, 195, or 199 shall retain a copy of that
document or information. Such person is not required to
concurrently file that document or information with the
Division unless another rule in this chapter requires the
document or information to be filed with the Division or
unless the Division requests a copy.
(e) Penalties. A person who submits incorrect or false
information with the intent of misleading the Commission
regarding any material aspect of an application or other
information required to be filed at the Commission may be
penalized as set out in Texas Natural Resources Code,
§§117.051 - 117.054, and/or Texas Utilities Code, §§121.206
- 121.210, and the Commission may dismiss with prejudice
to refiling an application containing incorrect or false
information or reject any other filing containing incorrect or
false information.
(f) Retroactivity. Nothing in this chapter shall be applied
retroactively to any existing intrastate pipeline facilities
concerning design, fabrication, installation, or established
operating pressure, except as required by the Office of
Pipeline Safety, Department of Transportation. All intrastate
pipeline facilities shall be subject to the other safety
requirements of this chapter.
(g) Compliance deadlines. Operators shall comply with the
applicable requirements of this section according to the
following guidelines.
(1) Each operator of a pipeline and/or pipeline facility
that is new, replaced, relocated, or otherwise changed shall
comply with the applicable requirements of this section at
the time the pipeline and/or pipeline facility goes into
service.
(2) An operator whose pipeline and/or pipeline facility
was not previously regulated but has become subject to
regulation pursuant to the changed definition in 49 CFR Part
192 and subsection (a)(1)(B) of this section shall comply
with the applicable requirements of this section no later than
the stated date:
(A) for cathodic protection (49 CFR Part 192), March
1, 2012;
(B) for damage prevention (49 CFR 192.614),
September 1, 2010;

(C) to establish an MAOP (49 CFR 192.619), March 1,
2010;
(D) for line markers (49 CFR 192.707), March 1, 2011;
(E) for public education and liaison (49 CFR 192.616),
March 1, 2011; and
(F) for other provisions applicable to Type A gathering
lines (49 CFR 192.8(c)), March 1, 2011.
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