{"operation":"document","citation":"16 TAC § 8.125","title":"Waiver Procedure","source_type":"regulation","agency":"Railroad Commission of Texas","status":"current","official":true,"published_on":null,"effective_on":"2024-12-09","summary":"(a) Purpose and scope. The Commission considers waiver applications to be properly based on a technical inability to comply with the pipeline safety standards set forth in this chapter, related to the specific configuration, location, operating limitations, or available technology for a particular p","machine_formats":{"json":"https://regulus.evalyn.ai/document/tx-tac-16-8-125.json","markdown":"https://regulus.evalyn.ai/document/tx-tac-16-8-125.md"},"app_url":"https://regulus.evalyn.ai/document/tx-tac-16-8-125","source_url":"https://texas-sos.appianportalsgov.com/rules-and-meetings?chapter=8&interface=VIEW_TAC&part=1&title=16","body":"(a) Purpose and scope. The Commission considers waiver\napplications to be properly based on a technical inability to\ncomply with the pipeline safety standards set forth in this\nchapter, related to the specific configuration, location,\noperating limitations, or available technology for a particular\npipeline. Generally, an application for waiver of a pipeline\nsafety rule is site-specific. Cost is generally not a proper\nobjection to compliance by the operator with the pipeline\nsafety standards set forth in this chapter, and a waiver filed\nsimply to avoid the expense of safety compliance is\ngenerally not appropriate. An operator shall request a waiver\nprior to performing any activities that would fall under the\nwaiver.\n(b) Filing. Any person may apply for a waiver of a pipeline\nsafety rule or regulation by filing an application for waiver\nwith the Division. Upon the filing of an application for\nwaiver of a pipeline safety rule, the Division shall assign a\ndocket number to the application and shall forward it to the\ndirector, and thereafter all documents relating to that\napplication shall include the assigned docket number. An\napplication for a waiver is not an acceptable response to a\nnotice of an alleged violation of a pipeline safety rule. The\nDivision shall not assign a docket number to or consider any\napplication filed in response to a notice of violation of a\npipeline safety rule.\n(c) Form. The application shall be typewritten on paper not\nto exceed 8 1/2 inches by 11 inches and shall have margins\nof at least one inch. The contents of the application shall\nappear on one side of the paper and shall be double or one\nand one-half spaced, except that footnotes and lengthy\nquotations may be single spaced. Exhibits attached to an\napplication shall be the same size as the application or folded\nto that size.\n(d) Content. The application shall contain the following:\n(1) the name, business address, and telephone number,\nand facsimile transmission number and electronic mail\naddress, if available, of the applicant and of the applicant's\nauthorized representative, if any;\n(2) a description of the particular operation for which the\nwaiver is sought;\n(3) a statement concerning the regulation from which the\nwaiver is sought and the reason for the exception;\n(4) a description of the facility at which the operation is\nconducted, including, if necessary, design and operation\nspecifications, monitoring and control devices, maps,\ncalculations, and test results;\n(5) a description of the acreage and/or address upon\nwhich the facility and/or operation that is the subject of the\nwaiver request is located. The description shall:\n\n(A) include a plat drawing;\n(B) identify the site sufficiently to permit determination\nof property boundaries;\n(C) identify environmental surroundings;\n(D) identify placement of buildings and areas intended\nfor human occupancy that could be endangered by a failure\nor malfunction of the facility or operation;\n(E) state the ownership of the real property of the site;\nand\n(F) state under what legal authority the applicant, if not\nthe owner of the real property, is permitted occupancy;\n(6) an identification of any increased risks the particular\noperation would create if the waiver were granted, and the\nadditional safety measures that are proposed to compensate\nfor those risks;\n(7) a statement of the reason the particular operation, if\nthe waiver were granted, would not be inconsistent with\npipeline safety.\n(8) an original signature, in ink, by the applicant or the\napplicant's authorized representative, if any; and\n(9) a list of the names, addresses, and telephone numbers\nof all affected persons, as defined in §8.5 of this title\n(relating to Definitions).\n(e) Notice.\n(1) The applicant shall send a notice by certified mail,\nreturn receipt requested, to all affected persons on the same\ndate of filing the application with the Division. The applicant\nshall file all return receipts with the Division as proof of\nnotice. The notice shall include:\n(A) a copy of the application;\n(B) a description of the nature of the waiver sought;\n(C) a statement that affected persons have 30 calendar\ndays from the date of the last publication to file written\nobjections or requests for a hearing with the Division;\n(D) the case number of the application;\n(E) the mailing address of the Division; and\n(F) the Division's email address safety@rrc.texas.gov. .\n(2) The applicant shall publish notice of its application for\nwaiver of a pipeline safety rule once a week for two\nconsecutive weeks in the state or local news section of a\nnewspaper of general circulation in the county or counties in\nwhich the facility or operation for which the requested\nwaiver is located. The notice shall describe the nature of the\nwaiver sought; shall state that affected persons have 30\ncalendar days from the date of the last publication to file\nwritten objections or requests for a hearing with the\nDivision; and shall include the case number of the\napplication and the mailing address of the Division. Within\nten calendar days of the date of last publication, the applicant\nshall file with the Division a publisher's affidavit from each\nnewspaper in which notice was published as proof of\npublication of notice. The affidavit shall state the dates on\nwhich the notice was published and shall have attached to it\nthe tear sheets from each edition of the newspaper in which\nthe notice was published.\n(3) The applicant shall give any other notice of the\napplication which the director may require.\n(f) Protest or support of waiver application.\n(1) Affected persons shall have standing to object to,\nsupport, or request a hearing on an application.\n(2) A person who objects to, who supports, or who\nrequests a hearing on the application shall file a written\nobjection, statement of support, or request for a hearing with\nthe Division no later than the 30th calendar day after the date\nthe notice of the application was postmarked or the last date\n\nthe notice was published in the newspaper in the county in\nwhich the person owns or occupies property, whichever is\nlater.\n(3) The objection, statement of support, or request for a\nhearing shall:\n(A) state the name, address, and telephone number of\nthe person filing the objection, statement of support, or\nrequest for hearing and of every person on whose behalf the\nobjection, statement of support, or request for a hearing is\nbeing filed;\n(B) include a statement of the facts on which the\nperson filing the protest or statement of support relies to\nconclude that each person on whose behalf the objection,\nstatement of support, or request for a hearing is being filed is\nan affected person, as defined in §8.5 of this title;\n(C) include a statement of the nature and basis for the\nobjection to or statement of support for the waiver request;\nand\n(D) be filed with the Commission by email to\nsafety@rrc.texas.gov.\n(g) Division review.\n(1) The director shall complete the review of the\napplication within 60 calendar days after the application is\ncomplete. If an application remains incomplete 12 months\nafter the date the application was filed, such application shall\nexpire and the director shall dismiss without prejudice to\nrefiling.\n(A) If the director does not receive any objections or\nrequests for a hearing from any affected person, the director\nmay recommend in writing that the Commission grant the\nwaiver if granting the waiver is not inconsistent with pipeline\nsafety. The director shall forward the file, along with the\nwritten recommendation that the waiver be granted, to the\nHearings Division for the preparation of an order.\n(B) The director shall not recommend that the\nCommission grant the waiver if the application was filed to\ncorrect an existing violation, to avoid the expense of safety\ncompliance, or filed after the applicant already engaged in\nactivities covered by the proposed waiver. The director shall\ndismiss with prejudice to refiling an application filed in\nresponse to a notice of violation of a pipeline safety rule.\n(C) If the director declines to recommend that the\nCommission grant the waiver, the director shall notify the\napplicant in writing of the recommendation and the reason\nfor it, and shall inform the applicant of any specific\ndeficiencies in the application.\n(2) If the director declines to recommend that the\nCommission grant the waiver, and if the application was not\nfiled either to correct an existing violation or solely to avoid\nthe expense of safety compliance, the applicant may either:\n(A) modify the application to correct the deficiencies\nand resubmit the application; or\n(B) file a written request for a hearing on the matter\nwithin ten calendar days of receiving notice of the assistant\ndirector's written decision not to recommend that the\nCommission grant the application.\n(h) Hearings and orders.\n(1) Within three days of receiving either a timely-filed\nobjection or a request for a hearing, the director shall\nforward the file to the Hearings Division, which shall set and\nconduct the hearing in accordance with Chapter 1 of this title\n(relating to Practice and Procedure).\n(2) After a hearing, the Commission may grant a waiver\nof a pipeline safety rule based on a finding or findings in the\norder that the grant of the waiver is not inconsistent with\n\npipeline safety.\n(i) Notice to United States Department of Transportation.\nUpon a Commission order granting a waiver of a pipeline\nsafety rule, the director shall give written notice to the\nSecretary of Transportation pursuant to the provisions of 49\nUnited States Code Annotated, §60118(d). The\nCommission's grant of a waiver becomes effective in\naccordance with the provisions of 49 United States Code\nAnnotated, §60118(d).","truncated":false,"body_characters":9724}