Texas Railroad Commission Publishes New Rule

The Texas Railroad Commission (RRC) has published a new rule today to the Texas Register. The rule covers gathering lines, federal updates, construction reports, and penalties outlined under 16 Texas Administrative Code (TAC) Chapter 8, Pipeline Safety Regulations. The below summarizes the changes in the rule with an effective date of adoption of January 6, 2020.

Major changes include:

  • Removal of provision for using assessments prior to 4/30/2001 in lieu of implementing a new Integrity Management plan

  • Addition of reporting, investigation, and corrective action requirements for natural gas gathering pipelines in Class 1 areas not regulated by 49 CFR 192.8 or 16 TAC Chapter 8.1 and Hazardous Liquid and CO2 gathering lines located in a rural area defined by 49 CFR 195.2 and not regulated by 49 CFR 195.1, 195.11, or 16 TAC Chapter 8.1

  • Addition of new construction notifications using RRC Forms for the following:

  • - New, relocated, or replacement pipeline 10 miles or longer including liquefied petroleum gas distribution systems, natural gas distribution systems, and master meter systems 60 days prior to construction.

  • - New, relocated, or replacement pipeline greater than one mile but less than 10 miles at least 30 days prior to construction

  • - Permanent breakout tanks 30 days prior to construction

  • - Mobile, temporary, or prefabricated breakout tanks prior to placing the tank in service

  • - Relocated or replacement construction liquified petroleum gas distribution systems, natural gas distributions systems, or master meter systems between three and 10 miles provides two methods for reporting

  • - New construction of liquified petroleum gas distribution systems, natural gas distributions systems, or master meter systems less than 10 miles but in a new subdivision or that results in a new distribution system ID provides two methods for reporting

  • - Sour gas pipeline and/or pipeline facilities 30 days prior to construction

  • Pipelines subject to the new Gathering pipeline rules under 16 TAC Chapter 8.110 are exempt from the construction reporting requirement

  • Distribution gas pipeline facility operators are disallowed from using cast iron, wrought iron, or bare steel as a part of the underground system and any known instances of cast iron must be replaced by December 31, 2021

  • Reduces the telephonic reporting time for confirmed discovery of an incident to one hour. Adds additional incident reporting requirements for gas distribution systems. The RRC no longer requires the concurrent submission of the written PHMSA accident/incident report except for those lines regulated by 16 TAC Chapter 8.110.

  • Removes requirements for submitting concurrent copies of the PHMSA annual report to the RRC though records must be retained and provided to the RRC upon request

  • Plastic pipe installation reporting is no longer required though records must be retained and provided to the RRC upon request

  • Removes requirements for submitting concurrent copies of a Facility Response Plan (OPA 90) plan to the RRC though records must be retained and provided upon request

  • Hazardous Liquid and CO2 pipelines or facilities within 1,000 feet of a public school building or facility need only maintain, not submit, the information outlined under 16 TAC Chapter 8.315

The rule publishing schedule can be found here and the approved adoptions redlined version can be found here.

If you need any assistance reviewing or updating your procedures to meet these new guidelines please contact Elemental Compliance today at Lauren.Tipton@ElementalCompliance.com.

For updates on the above topics and other state and federal regulatory initiatives, follow Elemental Compliance on LinkedIn, or watch for our blogs at www.ElementalCompliance.com.

#pipelinesafety #pipelinecompliance #TXRRC #Texas

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