TITLE 16. ECONOMIC REGULATION

PART 1. RAILROAD COMMISSION OF TEXAS

CHAPTER 9. LP-GAS SAFETY RULES

(Editor's note: In accordance with Texas Government Code, §2002.014, which permits the omission of material which is "cumbersome, expensive, or otherwise inexpedient," the figures in 16 TAC §9.52(g)(1) and 16 TAC §9.403(a) are not included in the print version of the Texas Register. The figure are available in the on-line version of the July 15, 2022, issue of the Texas Register.)

The Railroad Commission of Texas (Commission) adopts amendments to the following rules in Subchapter A, General Requirements: §9.2, Definitions; §9.6, License Categories, Container Manufacturer Registration, and Fees; §9.7, Applications for Licenses, Manufacturer Registrations, and Renewals; §9.8, Requirements and Application for a New Certificate; §9.10, Rules Examination; §9.16, Hearings for Denial, Suspension, or Revocation of Licenses, Manufacturer Registrations, or Certificates; §9.22, Changes in Ownership, Form of Dealership, or Name of Dealership; §9.51, General Requirements for LP-Gas Training and Continuing Education; §9.52, Training and Continuing Education; §9.54, Commission-Approved Outside Instructors; and adopts new §9.20, Dispenser Operations Certificate Exemption; and §9.55, PERC-Based Training.

In Subchapter B, LP-Gas Installations, Containers, Appurtenances, and Equipment Requirements, the Commission adopts amendments to §9.126, Appurtenances and Equipment; §9.130, Commission Identification Nameplates; §9.134, Connecting Container to Piping; §9.140, System Protection Requirements; §9.141, Uniform Safety Requirements; §9.142, LP-Gas Container Storage and Installation Requirements; and §9.143, Piping and Valve Protection for Stationary LP-Gas Installations with Individual or Aggregate Water Capacities of 4,001 Gallons or More.

In Subchapter C, Vehicles, the Commission adopts amendments to §9.202, Registration and Transfer of LP-Gas Transports or Container Delivery Units, and §9.211, Markings.

In Subchapter E, Adoption by Reference of NFPA 58 (LP-Gas Code), the Commission adopts amendments to §9.403, Sections in NFPA 58 Not Adopted by Reference, and Adopted with Changes or Additional Requirements.

The Commission adopts the following rules with changes from the proposed text as published in the May 20, 2022, issue of the Texas Register (47 TexReg 2971): §§9.2, 9.7, 9.8, 9.10, 9.20, 9.51, 9.52 and its corresponding table, 9.55, 9.126, 9.140, 9.143, and the table in §9.403(a). These rules will be republished.

The Commission adopts §§9.6, 9.16, 9.22, 9.54, 9.130, 9.134, 9.141, 9.142, 9.202, and 9.211 without changes from the proposed text as published in the May 20, 2022, issue of the Texas Register (47 TexReg 2971). These rules will not be republished.

The proposed amendment in §9.26 is withdrawn because the Commission no longer seeks to amend §9.26.

The rules adopted with changes due to public comments are discussed below.

The Commission received 14 comments on the proposed new rules and amendments. Two comments were submitted by members of the legislature, two comments were submitted by associations (the Texas Propane Gas Association (TPGA) and the Texas Retailers Association (TRA)), two comments were submitted by companies, and eight comments were submitted by individuals.

AmeriGas Propane and four individuals asked that the Commission remove the 24-hour emergency number requirements from proposed §9.7 because it is not applicable to all types of licenses, particularly those that do not have hazard exposure. The Commission agrees that the requirements for 24-hour emergency numbers should remain in existing §9.140, relating to System Protection Requirements. Thus, the Commission adopts §9.7 and §9.140 with changes to keep 24-hour emergency number requirements in §9.140.

The Honorable Senator Bryan Hughes, the Honorable Representative John Raney, AmeriGas, TRA, TPGA, Tractor Supply Company and two individuals submitted comments on proposed new rule §9.20, proposed as "DOT Cylinder Filler Certificate Exemption." These commenters noted that both DOT cylinder filling and motor/mobile fuel filling are covered by the Propane Education & Research Council (PERC) Dispensing Propane Safely Course and that the certificate exemption in §9.20 should not be limited to DOT cylinder filling. The Commission agrees and adopts §9.20 and §9.55 with changes to allow the certificate exemption to authorize an individual to conduct both DOT cylinder filling and motor/mobile fuel filling. This change is reflected in the new title of §9.20, which is "Dispenser Operations Certificate Exemption." The title change is incorporated in references within §9.20 as well as references to §9.20 in the following rules: §§9.2, 9.8, 9.51, 9.52, and 9.55. Section 9.20 is also adopted with a change to correct the PERC course title to "Dispensing Propane Safely." AmeriGas, TRA, and Tractor Supply asked that §9.20 include a requirement that the Commission send certificates within 10 days of receiving a complete certificate exemption application submitted under §9.20. The Commission declines to add this requirement because circumstances sometimes prevent applications from being processed in that timeframe. However, the Commission notes that Alternative Fuels Safety (AFS) staff strive to send certificates within 10 days.

Regarding §9.52, AmeriGas, TPGA, and four individuals submitted comments requesting the Commission continue to allow CETP courses as an option for managers to fulfill continuing education requirements. The Commission disagrees because CETP courses do not include information on Commission rules, with which managers must be familiar. The Commission notes that Commission continuing education courses are only required every four years and are offered online at no charge.

Another individual submitted a comment about §9.52 stating that manager certification should be open book and managers should not be required to take the 80-hour course. This comment is not relevant to the current rulemaking because that provision of §9.52 was not included in the proposed amendments.

The Commission received several comments about new §9.55, proposed as "PERC-Based Outside Instructor Training." First, two individuals asked that the Commission not adopt §9.55 and just use PERC guidelines. The Commission disagrees. Section 9.55 incorporates the requirements of Senate Bill 1668. Senate Bill 1668 added Texas Natural Resources Code section 113.0955, which requires the Commission to waive its certification requirements for an individual who completes training consistent with the guidelines established by PERC and complies with certain examination requirements. Senate Bill 1668 also requires the Commission to waive certification requirements for an individual who completes an examination that uses PERC training and examination materials and submits proof of completion of the examination to the Commission.

The Commission also received comments from the Honorable Senator Bryan Hughes, the Honorable Representative John Raney, AmeriGas, TRA, TPGA, and Tractor Supply Company regarding §9.55. These commenters agreed that §9.55 as proposed did not reflect the intent of Senate Bill 1668, which was to simplify the process for obtaining a certificate by allowing training and examination outside the Commission using approved PERC content. The comments asked the Commission to remove the outside-instructor certification process and replace with a process to allow approval of courses and exams based on PERC content. The Commission agrees and adopts the rule with several changes. First, the title of the rule has changed to "PERC-Based Training." The rule as adopted states that AFS may award training and certification or continuing education credit to DOT cylinder filling or motor/mobile fuel filler employee-level applicants and certificate holders for PERC-based courses administered by a company provided the company complies with the requirements of this section. One individual commented that §9.55 should only apply to licensed companies. The Commission disagrees. Section 9.55 as adopted incorporates suggestions from TPGA, AmeriGas, and one individual that approved companies (both licensees and non-licensees) should be eligible to conduct PERC-based training courses.

Under §9.55 as amended, a company who seeks to administer a PERC-based course shall submit the PERC-Based Training Application. This new form was proposed at the Commission's June 7, 2022 open meeting separately from the proposed rulemaking. At the time, it was proposed as an outside instructor application. However, the new form adopted concurrent with §9.55 is amended to reflect changes made to the rule. An applicant must also submit the course curriculum and examination materials for AFS approval. The curriculum must be consistent with the guidelines established by the PERC Dispensing Propane Safely Course and shall also include training on the requirements of Commission rules listed in §9.20(4). The remaining changes adopted in §9.55 remove references and requirements applicable to outside instructors and further simplify the section. For example, the adopted version of §9.55 still allows for complaints to be submitted about PERC-based courses; however, the adopted version references an existing complaint process in §9.54 rather than including the process in §9.55.

Regarding §9.126 and §9.143, AmeriGas, TPGA, and five individuals asked that the Commission allow the use of electric actuators on both internal and ESV valves. The Commission agrees and has added "electrically-actuated" alongside "pneumatically-actuated" in both §9.126 and §9.143.

Two individuals submitted comments about proposed §9.134, which removes the requirement for a licensee to submit LPG Form 22 if the piping system is currently in service and no new piping is installed, the system is in good working order, and the installer cannot be determined. One comment appeared to be in favor of the changes. Another individual asked that the requirement be retained because it protects the licensee and notifies the Commission of a potential rule violation. The Commission disagrees because filing a Form 22 does not prompt an investigation if the installer is unknown. The Commission notes that a licensee can keep a similar record if such a record protects the licensee.

The Commission received seven comments on §9.140 --one from TPGA, one from AmeriGas and five from individuals. TPGA, AmeriGas, and four individuals requested that the Commission not require additional crash protection for DOT cylinders in the horizontal position unless the cylinders are located in areas frequented by the public. The Commission agrees and has made corresponding changes to §9.140(g). One individual requested that the Commission exempt Manchester crash ring vertical tanks from additional crash protection requirements. The Commission notes that Manchester has an exception on file that allows for the crash ring referenced in the comment to be installed. Another individual requested that the Commission add language to §9.140 to identify the diameter of the hole required to concrete a vertical crash post into the ground. The Commission declines to make this change as this provision was not included in the proposed amendments to §9.140.

Regarding §9.143, AmeriGas, TPGA, and four individuals asked that the Commission allow the use of engineered breakaways as an additional safety option for piping and valve protection on stationary LP-gas installations. The Commission agrees and adopts §9.143 with changes in subsection (e)(7)(E) to allow engineered breakaways meeting certain requirements.

The last comments relate to §9.403 and the table incorporated in that section. One individual asked that the Commission move toward adopting the 2020 version of the National Fire Protection Association (NFPA) standards. The Commission will consider these changes in a future rulemaking. TPGA asked that in the table included in §9.403, regarding NFPA section 6.29.3.2, the language that installations shall comply with the requirement "prior to" September 1, 2022 be changed to "by" September 1, 2022. The Commission agrees and has made the requested change in the table.

Finally, the Commission adopts §9.10 with a change in subsection (c)(4)(F) to clarify that an individual paying a fee for a testing or proctoring service may submit that fee to the testing or proctoring service or to the Commission, depending on the testing or proctoring service's payment processes. This change will go into effect September 1, 2022 to allow testing/proctoring services and the Commission time to alter systems as necessary to accept these fees.

The Commission adopts the amendments and new rules to incorporate provisions of Senate Bill 1582 (SB 1582) and Senate Bill 1668 (SB 1668), both enacted during the 87th Texas Legislative Session (Regular Session, 2021). Additional amendments are adopted as discussed in the following paragraphs.

Senate Bill 1668 added Natural Resources Code section 113.0955, which requires the Commission to waive its certification requirements for an individual who completes training consistent with the guidelines established by the Propane Education & Research Council (PERC) and complies with certain examination requirements. To incorporate this exemption, the Commission adopts amendments to the following rules: the definition of "certificate holder" in §9.2(5)(E) to include in the definition a person who holds a current Dispenser Operations certificate exemption; §9.8 to add new subsection (d) stating that an applicant for a new Dispenser Operations certificate exemption shall comply with requirements of new §9.20, which describes how an individual may apply for a Dispenser Operations certificate exemption.

New §9.20 provides two processes through which an individual may obtain the Dispenser Operations certificate exemption created by SB 1668. First, an individual may complete training and examination directly with PERC. An applicant for an exemption pursuant to this process in §9.20(1) must submit new LPG Form 16P, which was proposed at the Commission's June 7, 2022 open meeting. The new form will be adopted concurrently with §9.20 and incorporates changes needed to address those made in the rule, as discussed above. The applicant must also provide confirmation from PERC that the individual completed the PERC "Dispensing Propane Safely" course and corresponding examination. New §9.20(1)(A)(ii)(III) states an effective date of July 18, 2022, which is the date the amendments will go into effect.

The second process through which an individual may obtain the Dispenser Operations certificate exemption is adopted in §9.20(2). This process requires an individual to complete an approved PERC-based course in accordance with §9.55.

New §9.20(3) - (10) specify additional requirements for individuals who receive the certificate exemption. New §9.20(4) requires that individuals who are issued the exemption comply with certain Commission rules, which are not covered by the PERC Dispensing Propane Safely course.

Other related amendments in §9.51(b) and (d)(4) and §9.52(a)(2)(C)(iv) add references to the Dispenser Operations certificate exemption, and new §9.52(h) provides continuing education credit for completion of a PERC-based course. This is also reflected in changes to the Figure in §9.52(g)(1).

Finally, as addressed above, new rule §9.55 contains the requirements for administering a PERC-based training course such that an individual who takes those courses and examinations is eligible for the Dispenser Operations certificate exemption.

Senate Bill 1582

Senate Bill 1582 amended Natural Resources Code sections 113.087 and 113.088 to provide for licensing and registration examination to be performed by a proctoring service. The bill also removed the requirement that a testing service that administers an examination collect a nonrefundable examination fee on behalf of the Commission. The Commission adopts amendments in §9.10(c)(1)(c) to incorporate the use of an online testing or proctoring service and in subsection (c)(4)(F) to ensure individuals who register for an examination to be administered by a testing or proctoring service pay any required fee required by to the testing or proctoring service in addition to paying the examination fee to the Commission. Subsection (c)(4)(F) is adopted with a clarifying change as well as a specific effective date as discussed above.

House Bill 2714 (86th Legislature, 2019)

The Commission proposed an amendment in §9.26(a) pursuant to House Bill 2714 from the 86th Legislative Session regarding manufacturer registration. The Commission finds that the proposed wording is not needed and therefore withdraws the change as proposed in §9.26(a).

Other Adopted Amendments

In §9.2, the Commission adopts removing the definitions of "Advanced field training (AFT)" and "AFT materials." The Commission also removes AFT requirements and references throughout the chapter because AFT is no longer required. These amendments are adopted in §§9.8, 9.52, and 9.54. The Commission also removes the definition of "repair to container" in §9.2 and instead adopts clarification regarding cylinder repair in §9.6(e). Changes made to or maintenance of a cylinder or cargo tank excluded from the definition of repair in 49 CFR §§180.203, 180.403, and 180.413 do not require a license. In §9.6(b)(14) the Commission adds a reference to 25 horsepower, and in §9.6(d) adds "subframing," both of which were inadvertently omitted from previously adopted amendments in Chapter 9.

The Commission adopts new §9.7(i) with a change from the proposal so that the text from §9.140 regarding specific standards for a 24-hour emergency telephone number is no longer included as part of the Commission's licensing requirements. The Commission adopts the addition of "A2" in §9.7(m)(2) because this license category was inadvertently omitted from previously adopted amendments in Chapter 9. New subsection (m)(3) is adopted to ensure the license categories repairing or testing ASME containers are filing the correct certificate of authorization from ASME and to address situations in which ASME is unable to issue authorization prior to a license expiration date.

The Commission adopts a change in §9.10(d)(1)(G) to clarify that the Recreational Vehicle Technician examination qualifies an individual to install and repair appliances on recreational vehicles in addition to the activities listed in existing subsection (d)(1)(G). In §9.16(e)(3), §9.22(a)(2), and §9.130, the Commission corrects references to AFS and removes requirements for mailing; and in §9.10, §9.51 and §9.52(e) and (f) adopts clarifying changes regarding AFS scheduling and registration for courses to reflect current Commission practice.

The Commission removes outdated tables from §9.52(h) and adopts changes to list available continuing education courses in §9.52(e) and (f). Adopted changes in §9.52(i), renumbered as subsection (g), clarify that CETP courses are now only offered for employee-level certificate holders. These changes are also reflected in the new Figure in §9.52(g)(1).

In §9.126 and §9.143, the Commission changes references from pneumatically-operated to pneumatically-actuated because pneumatically-actuated valves can be operated automatically or manually through the use of cables. The Commission also adopts these sections with changes to incorporate "electrically-actuated" as requested in comments. In §9.134, the Commission adopts new subsection (d) to address situations where LPG Form 22 is required but an LP-gas licensee does not know who the previous installer was. In §9.140(g), the Commission adopts new wording to address protection for cylinders in the horizontal position. These protection requirements are adopted with a change due to comments. Cylinders in the vertical position are not addressed separately because the cages required by NFPA 58 §8.4.2.2 were determined to be sufficient protection in a study by the Southwest Research Institute.

Some amendments clarify previously adopted amendments regarding the National Fire Protection Association (NFPA) standards. These amendments are not substantive but were inadvertently omitted from the previous adopted amendments in Chapter 9. The amendments to clarify NFPA updates are found in §9.140(1) and (3), (d)(3), (f)(3) and (4), and (g)(2), and §9.141(b)(3) and (i), §9.142(b), and §9.211(b).

The Commission adopts amendments to §9.202 to coincide with the proposal of new forms, which will be adopted concurrently with §9.202.

The Commission also adopts a change to the Figure in §9.403 to remove the effective date in the title of the Figure, which is not necessary for this rulemaking. The Figure shows text from certain sections in NFPA 58 which the Commission has not adopted or has adopted with changes or with additional requirements. The text shown as underlined in the Figure indicates text that the Commission has added or changed from the NFPA 58 wording; the text shown with strike-outs indicates text that the Commission has deleted from the NFPA 58 text. In the case of this Figure, the underlining and strike-outs are retained in the adopted version of the Figure to show the changes. In this rulemaking, the specific changes to the Figure are found on the following rows: the rows for 5.2.8.1, 6.13.5, and 6.27.3.17 which correct a typographical error in the reference to §9.140(f) and the row for 6.8.2.1 which corrects a typographical error in the NFPA 58 section number. The row for 6.19.2 is being changed from an additional requirement to being adopted with changes; the Commission retains the wording of 6.19.12, including paragraphs (A) and (B), but adopts paragraph (C) to require compliance with §9.116. The addition of row 6.27.5.2 corrects an error from NFPA in the 2020 edition of NFPA 58; the change in the Figure ensures consistency with the NFPA tentative interim amendment issued for the 2020 version of NFPA 58, which the Commission has not yet adopted. In the row for 6.29.3.2, the Commission changes the wording to include the specific date of September 1, 2022, instead of the reference to two years from the effective date of the code. As discussed above, TPGA requested that the table use "by September 1, 2022" instead of "prior to September 1, 2022" and the Commission adopts the table with that change.

The Commission adopts the amendments and new rules under Natural Resources Code sections 113.087 and 113.088, amended by Senate Bill 1582 (87th Legislature, Regular Session), and Natural Resources Code section 113.0955, added by Senate Bill 1668 (87th Legislature, Regular Session). The Commission also adopts the amendments under Texas Natural Resources Code, §113.051, which authorizes the Commission to promulgate and adopt rules and standards relating to any and all aspects or phases of the LP-gas industry that will protect or tend to protect the health, welfare, and safety of the general public.

SUBCHAPTER A. GENERAL REQUIREMENTS

16 TAC §§9.2, 9.6 - 9.8, 9.10, 9.16, 9.20, 9.22, 9.51, 9.52, 9.54, 9.55

Statutory authority: Texas Natural Resources Code, §§113.051, 113.087, 113.088 and 113.0955.

Cross reference to statute: Texas Natural Resources Code Chapter 113.

§9.2.Definitions.

In addition to the definitions in any adopted NFPA pamphlets, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) AFS--The Commission's Alternative Fuels Safety Department within the Commission's Oversight and Safety Division.

(2) Aggregate water capacity (AWC)--The sum of all individual container capacities measured by weight or volume of water which are placed at a single installation location.

(3) Bobtail driver--An individual who operates an LP-gas cargo tank motor vehicle of 5,000 gallons water capacity or less in metered delivery service.

(4) Breakaway--The accidental separation of a hose from a cylinder, container, transfer equipment, or dispensing equipment, which could occur on a cylinder, container, transfer equipment, or dispensing equipment whether or not they are protected by a breakaway device.

(5) Certificate holder--An individual:

(A) who has passed the required management-level qualification examination, pursuant to §9.10 of this title (relating to Rules Examination);

(B) who has passed the required employee-level qualification examination pursuant to §9.10 of this title;

(C) who holds a current reciprocal examination exemption pursuant to §9.18 of this title (relating to Reciprocal Examination Agreements with Other States);

(D) who holds a current examination exemption certificate pursuant to §9.13 of this title (relating to General Installers and Repairman Exemption); or

(E) who holds a current Dispenser Operations certificate exemption pursuant to §9.20 of this title (relating to Dispenser Operations Certificate Exemption).

(6) Certified--Authorized to perform LP-gas work as set forth in the Texas Natural Resources Code. Employee certification alone does not allow an individual to perform those activities which require licensing.

(7) CETP--The Certified Employee Training Program offered by the Propane Education and Research Council (PERC), the National Propane Gas Association (NPGA), or their authorized agents or successors.

(8) Commercial installation--An LP-gas installation located on premises other than a single family dwelling used as a residence, including but not limited to a retail business establishment, school, bulk storage facility, convalescent home, hospital, cylinder exchange operation, service station, forklift refueling facility, private motor/mobile fuel cylinder filling operation, a microwave tower, or a public or private agricultural installation.

(9) Commission--The Railroad Commission of Texas.

(10) Company representative--The individual designated to the Commission by a license applicant or a licensee as the principal individual in authority and, in the case of a licensee other than a Category P licensee, actively supervising the conduct of the licensee's LP-gas activities.

(11) Container delivery unit--A vehicle used by an operator principally for transporting LP-gas in cylinders.

(12) Continuing education--Courses required to be successfully completed at least every four years by certificate holders to maintain certification.

(13) Director--The director of AFS or the director's delegate.

(14) DOT--The United States Department of Transportation.

(15) Employee--An individual who renders or performs any services or labor for compensation, including individuals hired on a part-time or temporary basis, on a full-time or permanent basis, and owner-employees.

(16) Interim approval order--The authority issued by the Railroad Commission of Texas following a public hearing allowing construction of an LP-gas installation.

(17) Leak grades--An LP-gas leak that is:

(A) a Grade 1 leak that represents an existing or probable hazard to persons or property, and requires immediate repair or continuous action until the conditions are no longer hazardous; or

(B) a Grade 2 leak that is recognized as being nonhazardous at the time of detection, but requires a scheduled repair based on a probable future hazard.

(18) Licensed--Authorized by the Commission to perform LP-gas activities through the issuance of a valid license.

(19) Licensee--A person which has applied for and been granted an LP-gas license by the Commission, or who holds a master or journeyman plumber license from the Texas State Board of Plumbing Examiners or a Class A or B Air Conditioning and Refrigeration Contractors License from the Texas Department of Licensing and Regulation and has properly registered with the Commission.

(20) LP-Gas Safety Rules--The rules adopted by the Railroad Commission in the Texas Administrative Code, Title 16, Part 1, Chapter 9, including any NFPA or other documents adopted by reference. The official text of the Commission's rules is that which is on file with the Secretary of State's office and available at the Secretary of State's web site or the Commission's web site.

(21) LP-gas system--All piping, fittings, valves, and equipment, excluding containers and appliances, that connect one or more containers to one or more appliances that use or consume LP-gas.

(22) Mass transit vehicle--Any vehicle which is owned or operated by a political subdivision of a state, city, or county, used primarily in the conveyance of the general public.

(23) Mobile fuel container--An LP-gas container mounted on a vehicle to store LP-gas as the fuel supply to an auxiliary engine other than the engine to propel the vehicle or for other uses on the vehicle.

(24) Mobile fuel system--An LP-gas system, excluding the container, to supply LP-gas as a fuel to an auxiliary engine other than the engine to propel the vehicle or for other uses on the vehicle.

(25) Motor fuel container--An LP-gas container mounted on a vehicle to store LP-gas as the fuel supply to an engine used to propel the vehicle.

(26) Motor fuel system--An LP-gas system, excluding the container, which supplies LP-gas to an engine used to propel the vehicle.

(27) Noncorrosive--Corrosiveness of gas which does not exceed the limitation for Classification 1 of ASTM International (ASTM) Copper Strip Classifications when tested in accordance with ASTM D 1834-64, "Copper Strip Corrosion of Liquefied Petroleum (LP) Gases."

(28) Nonspecification unit--An LP-gas transport not constructed to DOT MC-330 or MC-331 specifications but which complies with the exemption in 49 Code of Federal Regulations §173.315(k). (See also "Specification unit" in this section.)

(29) Operations supervisor--The individual who is certified by the Commission to actively supervise a licensee's LP-gas activities and is authorized by the licensee to implement operational changes.

(30) Outlet--A site operated by an LP-gas licensee from which any regulated LP-gas activity is performed.

(31) Outside instructor--An individual, other than a Commission employee, approved by AFS to teach certain LP-gas training or continuing education courses.

(32) Person--An individual, partnership, firm, corporation, joint venture, association, or any other business entity, a state agency or institution, county, municipality, school district, or other governmental subdivision, or licensee, including the definition of "person" as defined in the applicable sections of 49 CFR relating to cargo tank hazardous material regulations.

(33) Portable cylinder--A receptacle constructed to DOT specifications, designed to be moved readily, and used for the storage of LP-gas for connection to an appliance or an LP-gas system. The term does not include a cylinder designed for use on a forklift or similar equipment.

(34) Property line--The boundary which designates the point at which one real property interest ends and another begins.

(35) Public transportation vehicle--A vehicle for hire to transport persons, including but not limited to taxis, buses (excluding school buses and mass transit or special transit vehicles), or airport courtesy vehicles.

(36) Recreational vehicle--A vehicular-type unit primarily designed as temporary living quarters for recreational, camping, travel, or seasonal use that either has its own motive power or is mounted on, or towed by, another vehicle.

(37) Registered manufacturer--A person who has applied for and been granted a registration to manufacture LP-gas containers by the Commission.

(38) Rules examination--The Commission's written examination that measures an examinee's working knowledge of Chapter 113 of the Texas Natural Resources Code and/or the current rules in this chapter.

(39) School--A public or private institution which has been accredited through the Texas Education Agency or the Texas Private School Accreditation Commission.

(40) School bus--A vehicle that is sold or used for purposes that include carrying students to and from school or related events.

(41) Self-service dispenser--A listed device or approved equipment in a structured cabinet for dispensing and metering LP-gas between containers that must be accessed by means of a locking device such as a key, card, code, or electronic lock, and which is operated by a certified employee of an LP-gas licensee or an ultimate consumer trained by an LP-gas licensee.

(42) Service station--An LP-gas installation that, for retail purposes, operates a dispensing station and/or conducts cylinder filling activities.

(43) Special transit vehicle--A vehicle designed with limited passenger capacity which is used by a mass transit authority for special transit purposes, such as transport of mobility impaired persons.

(44) Specification unit--An LP-gas transport constructed to DOT MC-330 or MC-331 specifications. (See also "Nonspecification unit" in this section.)

(45) Subframing--The attachment of supporting structural members to the pads of a container, excluding welding directly to or on the container.

(46) Trainee--An individual who has not yet taken and passed an employee-level rules examination.

(47) Training--Courses required to be successfully completed as part of an individual's requirements to obtain or maintain certain certificates.

(48) Transfer system--All piping, fittings, valves, pumps, compressors, meters, hoses, bulkheads, and equipment utilized in transferring LP-gas between containers.

(49) Transport--Any bobtail or semitrailer equipped with one or more containers.

(50) Transport driver--An individual who operates an LP-gas trailer or semi-trailer equipped with a container of more than 5,000 gallons water capacity.

(51) Transport system--Any and all piping, fittings, valves, and equipment on a transport, excluding the container.

(52) Ultimate consumer--A person who buys a product to use rather than for resale.

§9.7.Applications for Licenses, Manufacturer Registrations, and Renewals.

(a) In addition to complying with NFPA 54 §4.1, no person may engage in any LP-gas activity until that person has obtained a license from the Commission authorizing the LP-gas activities, except as follows:

(1) A person is exempt from licensing under Texas Natural Resources Code §113.081(b) but is required to obtain a license before engaging in any LP-gas activities in commerce or in business.

(2) A state agency or institution, county, municipality, school district, or other governmental subdivision is exempt from licensing requirements as provided by §113.081(g) if the entity is performing LP-gas activities on its own behalf but is required to obtain a license if performing LP-gas activities for or on behalf of a second party.

(3) An original manufacturer of a new motor vehicle powered by LP-gas, or a subcontractor of a manufacturer who produces a new LP-gas powered motor vehicle for the manufacturer is not subject to licensing requirements but shall comply with all other rules in this chapter.

(4) An ultimate consumer is not subject to licensing requirements if performing LP-gas activities dealing only with the ultimate consumer; however, a license is required to register a transport, bobtail, or cylinder delivery unit. An ultimate consumer's license does not require a fee or a company representative.

(b) An applicant for license shall not engage in any LP-gas activities until it has employed a company representative who meets the requirements of §9.17 of this title (relating to Designation and Responsibilities of Company Representatives and Operations Supervisors), or for Category D applicants only, who meets the requirements of §9.17 of this title or has obtained a General Installers and Repairman Exemption as specified in §9.13 of this title (relating to General Installers and Repairman Exemption).

(c) Licensees, registered manufacturers, company representatives, and operations supervisors at each outlet shall have copies of all current licenses and/or manufacturer registrations and certificates for employees at that location available for inspection during regular business hours. In addition, licensees and registered manufacturers shall maintain a current version of the rules in this chapter and shall provide access to these rules for each company representative and operations supervisor. The rules shall also be available to employees during business hours.

(d) Licenses and manufacturer registrations issued under this chapter expire one year after issuance at midnight on the last day of the month prior to the month in which they are issued.

(e) If a license or registration expires, the person shall immediately cease LP-gas activities.

(f) An applicant for a new license shall submit to AFS:

(1) a properly completed LPG Form 1 listing all names under which LP-gas related activities requiring licensing are to be conducted and the applicant's properly qualified company representative and the following forms or documents as applicable:

(A) LPG Form 1A if the applicant will operate any outlets pursuant to subsection (g) of this section;

(B) LPG Form 7 and any information requested in §9.202 of this title (relating to Registration and Transfer of LP-Gas Transports or Container Delivery Units) if the applicant intends to register any LP-gas transports or container delivery units;

(C) LPG Form 19 if the applicant will be transferring the operation of an existing bulk plant, service station, cylinder filling, or portable cylinder exchange rack installation from another licensee;

(D) any form required to comply with §9.26 of this title (relating to Insurance and Self-Insurance Requirements);

(E) a copy of the current certificate of account status if required by §9.21 of this title (relating to Franchise Tax Certification and Assumed Name Certificates); and/or

(F) copies of the assumed name certificates if required by §9.21 of this title; and

(2) payment for all applicable fees. If the applicant submits the payment by mail, the payment shall be in the form of a check or money order. If the applicant pays the applicable fee online, the applicant shall submit a copy of the online receipt via mail, email, or fax.

(g) A licensee shall submit LPG Form 1A listing all outlets operated by the licensee.

(1) The licensee shall employ at each outlet an operations supervisor who meets the requirements of §9.17 of this title.

(2) Each outlet shall be listed on the licensee's renewal as specified in subsection (k) of this section.

(h) Beginning June 1, 2020, a prospective container manufacturer may apply to AFS to manufacture LP-gas containers in the state of Texas. Beginning June 1, 2020, a person shall not engage in the manufacture of LP-gas containers in this state unless that person has obtained a container manufacturer's registration as specified in this subsection.

(1) Applicants for container manufacturer registration shall file with AFS LPG Form 1M, and any of the following applicable forms or documents:

(A) any form required by §9.26 of this title;

(B) a copy of current certificate of account status if required by §9.21 of this title;

(C) copies of the assumed name certificates if required by §9.21 of this title;

(D) a copy of current DOT authorization. A registered manufacturer shall not continue to operate after the expiration date of the DOT authorization; and/or

(E) a copy of current ASME Code, Section VIII certificate of authorization or "R" certificate. If ASME is unable to issue a renewed certificate of authorization prior to the expiration date, the manufacturer may request in writing an extension of time not to exceed 60 calendar days past the expiration date. The request for extension shall be received by AFS prior to the expiration date of the ASME certificate of authorization referred to in this section, and shall include a letter or statement from ASME that the agency is unable to issue the renewal certificate of authorization prior to expiration and that a temporary extension will be granted for its purposes. A registered manufacturer shall not continue to operate after the expiration date of an ASME certificate of authorization until the manufacturer files a current ASME certificate of authorization with AFS or AFS grants a temporary exception.

(2) By filing LPG Form 1M, the applicant certifies that it has read the requirements of this chapter and shall comply with all applicable rules, regulations and adopted standards.

(3) The required fee shall accompany LPG Form 1M. An original registration fee is $1,000; the renewal fee is $600.

(A) If submitted by mail, payment shall be by check, money order, or printed copy of an online receipt.

(B) If submitted by email or fax, payment shall be a copy of an online receipt.

(4) If a manufacturer registration expires or lapses, the person shall immediately cease the manufacture, assembly, repair, testing and sale of LP-gas containers in Texas.

(i) Applications for license or registration must include a 24-hour emergency telephone number.

(j) AFS will review an application for license or registration to verify all requirements have been met.

(1) If errors are found or information is missing on the application or other documents, AFS will notify the applicant of the deficiencies in writing.

(2) The applicant must respond with the required information and/or documentation within 30 days of the written notice. Failure to respond by the deadline will result in withdrawal of the application.

(3) If all requirements have been met, AFS will issue the license or manufacturer registration and send the license or registration to the licensee or manufacturer, as applicable.

(k) For license and manufacturer registration renewals:

(1) AFS shall notify the licensee or registered manufacturer in writing at the address on file with AFS of the impending license or manufacturer registration expiration at least 30 calendar days before the date the license or registration is scheduled to expire.

(2) The renewal notice shall include copies of applicable LPG Forms 1, 1A, and 7, or LPG Form 1M showing the information currently on file.

(3) The licensee or registered manufacturer shall review and return all renewal documentation to AFS with any necessary changes clearly marked on the forms. The licensee or registered manufacturer shall submit any applicable fees with the renewal documentation.

(4) Failure to meet the renewal deadline set forth in this section shall result in expiration of the license or manufacturer registration.

(5) If a person's license or manufacturer registration expires, that person shall immediately cease performance of any LP-gas activities authorized by the license or registration.

(6) If a person's license or manufacturer registration has been expired for 90 calendar days or fewer, the person shall submit a renewal fee that is equal to 1 1/2 times the renewal fee in §9.6 of this title (relating to License Categories, Container Manufacturer Registration, and Fees).

(7) If a person's license or manufacturer registration has been expired for more than 90 calendar days but less than one year, the person shall submit a renewal fee that is equal to two times the renewal fee.

(8) If a person's license or manufacturer registration has been expired for one year or more, that person shall not renew but shall comply with the requirements for issuance of an original license or manufacturer registration under subsection (f) or (h) of this section.

(9) After verification that the licensee or registered manufacturer has met all requirements for licensing or manufacturer registration, AFS shall renew the license or registration and send the applicable authorization to the licensee or manufacturer.

(l) A person who was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date of application may obtain a new license without reexamination. The person shall pay to AFS a fee that is equal to two times the renewal fee required by §9.6 of this title.

(1) As a prerequisite to licensing pursuant to this provision, the person shall submit, in addition to an application for licensing, proof of having been in practice and licensed in good standing in another state continuously for the two years immediately preceding the filing of the application;

(2) A person licensed under this provision shall be required to comply with all requirements of licensing other than the examination requirement, including but not limited to the insurance requirements as specified in §9.26 of this title and the continuing education and training requirements as specified in §9.51 of this title (relating to General Requirements for LP-Gas Training and Continuing Education), and §9.52 of this title (relating to Training and Continuing Education).

(m) Applicants for license or license renewal in the following categories shall comply with these additional requirements:

(1) An applicant for a Category B or O license or renewal shall file with AFS a properly completed LPG Form 505 certifying that the applicant will follow the testing procedures indicated. The company representative designated on the licensee's LPG Form 1 shall sign LPG Form 505.

(2) An applicant for Category A, A2, B, or O license or renewal who tests tanks, subframes LP-gas cargo tanks, or performs other activities requiring DOT registration shall file with AFS a copy of any applicable current DOT registrations. Such registration shall comply with Title 49, Code of Federal Regulations, Part 107 (Hazardous Materials Program Procedures), Subpart F (Registration of Cargo Tank and Cargo Tank Motor Vehicle Manufacturers and Repairers and Cargo Tank Motor Vehicle Assemblers).

(3) An applicant for Category A, A1 or O license or renewal who repairs or tests ASME containers shall file with AFS a copy of its current ASME Code, Section VIII certificate of authorization or "R" certificate. If ASME is unable to issue a renewed certificate of authorization prior to the expiration date, the manufacturer may request in writing an extension of time not to exceed 60 calendar days past the expiration date. The request for extension shall be received by AFS prior to the expiration date of the ASME certificate of authorization referred to in this section, and shall include a letter or statement from ASME that the agency is unable to issue the renewal certificate of authorization prior to expiration and that a temporary extension will be granted for its purposes. A registered manufacturer shall not continue to operate after the expiration date of an ASME certificate of authorization until the manufacturer files a current ASME certificate of authorization with AFS or AFS grants a temporary exception.

§9.8.Requirements and Application for a New Certificate.

(a) In addition to complying with NFPA 58, §§4.4 and 11.2, no person shall perform work, directly supervise LP-gas activities, or be employed in any capacity requiring contact with LP-gas unless:

(1) that individual is a certificate holder who is:

(A) in compliance with all applicable training and continuing education requirements in §9.51 and §9.52 of this title (relating to General Requirements for LP-Gas Training and Continuing Education, and Training and Continuing Education, respectively);

(B) in compliance with renewal requirements in §9.9 of this title (relating to Requirements for Certificate Holder Renewal); and

(C) employed by a licensee or a license-exempt entity in accordance with §9.7 of this title (relating to Applications for Licenses, Manufacturer Registrations, and Renewals) or holds a current examination exemption pursuant to §9.13 of this title (relating to General Installers and Repairman Exemption); or

(2) that individual is a trainee who complies with §9.12 of this title (relating to Trainees).

(b) Any individual, including an ultimate consumer, using an LP-gas transport on a public roadway must obtain a certificate.

(c) An applicant for a new certificate shall:

(1) file with AFS a properly completed LPG Form 16 and the applicable nonrefundable rules examination fee specified in §9.10 of this title (relating to Rules Examination);

(2) pass the applicable rules examination with a score of at least 75%; and

(3) complete any required training in §9.51 and §9.52 of this title.

(d) An applicant for a new Dispenser Operations certificate exemption shall comply with the requirements of §9.20 of this title (relating to Dispenser Operations Certificate Exemption).

(e) An individual who holds an employee-level certificate who wishes to obtain a management-level certificate shall comply with the requirements of this section, including training and fees.

§9.10.Rules Examination.

(a) An individual who passes the applicable rules examination with a score of at least 75% will become a certificate holder. AFS will send a certificate to the licensee listed on LPG Form 16. If a licensee is not listed on the form, AFS will send the certificate to the individual's personal address.

(1) Successful completion of any examination shall be credited to and accrue to the individual.

(2) An individual who has been issued a certificate shall make the certificate readily available and shall present it to any Commission employee or agent who requests proof of certification.

(b) An applicant for examination shall bring to the exam site:

(1) a completed LPG Form 16; and

(2) payment of the applicable fee specified in subsection (c) of this section.

(c) An individual who files LPG Form 16 and pays the applicable nonrefundable examination fee may take the rules examination.

(1) Dates and locations of available Commission LP-gas examinations may be obtained on the Commission's web site. Examinations may be administered:

(A) at the Commission's AFS Training Center in Austin;

(B) at other designated locations around the state; and

(C) through an online testing or proctoring service.

(2) Individuals or companies may request in writing that examinations be given in their area. AFS shall schedule examinations at its discretion.

(3) Except in a case where a conditional qualification has been requested in writing and approved under §9.17(g) of this title (relating to Designation and Responsibilities of Company Representatives and Operations Supervisors), the Category E, F, G, I, and J management-level rules examination shall be administered only in conjunction with the Category E, F, G, I, and J management-level courses of instruction. Management-level rules examinations other than Category E, F, G, I, and J may be administered on any scheduled examination day.

(4) Exam fees.

(A) The nonrefundable management-level rules examination fee is $70.

(B) The nonrefundable employee-level rules examination fee is $40.

(C) The nonrefundable examination fee shall be paid each time an individual takes an examination.

(D) Individuals who register and pay for a Category E, F, G, I, or J training course as specified in §9.51(j)(2)(A) of this title (relating to General Requirements for LP-Gas Training and Continuing Education) shall pay the charge specified for the applicable examination.

(E) A military service member, military veteran, or military spouse shall be exempt from the examination fee pursuant to the requirements in §9.14 of this title (relating to Military Fee Exemption). An individual who receives a military fee exemption is not exempt from renewal, training, or continuing education fees specified in §9.9 of this title (relating to Requirements for Certificate Holder Renewal, §9.51 of this title, and §9.52 of this title (relating to Training and Continuing Education.

(F) Beginning September 1, 2022, individuals who register for an examination to be administered by a testing or proctoring service shall pay any fee required by the testing or proctoring service in addition to paying the examination fee to the Commission.

(5) Time limits.

(A) An applicant shall complete the examination within the time limit specified in this paragraph.

(i) The Category E management-level (closed book), Bobtail employee-level (open book), and Service and Installation employee-level (open book) examinations shall be limited to three hours.

(ii) All other management-level and employee-level examinations shall be limited to two hours.

(B) The examination proctor shall be the official timekeeper.

(C) An examinee shall submit the examination and the answer sheet to the examination proctor before or at the end of the established time limit for an examination.

(D) The examination proctor shall mark any answer sheet that was not completed within the time limit.

(6) The Commission may offer employee-level LP-Gas Transport Driver, DOT Cylinder Filling, and Motor/Mobile Fuel Dispensing examinations in Spanish or English.

(d) This subsection specifies the examinations offered by the Commission.

(1) Employee-level examinations.

(A) The Bobtail Driver examination qualifies an individual to operate a bobtail, to perform all of the LP-gas activities authorized by the Transport Driver, DOT Cylinder Filler, and Motor/Mobile Fuel Filler examinations, and to perform leak checks and pressure tests, light appliances, and adjust regulators and thermocouples. The Bobtail Driver examination does not authorize an individual to connect or disconnect containers, except when performing a pressure test or removing a container from service.

(B) The Transport Driver examination qualifies an individual to operate an LP-gas transport equipped with a container of more than 5,000 gallons water capacity, to load and unload LP-gas, and connect and disconnect transfer hoses. The Transport Driver examination does not authorize an individual to operate a bobtail or to install or repair transport systems.

(C) The On-Road Motor Fuel Technician examination qualifies an individual to install LP-gas motor fuel containers, cylinders, and LP-gas motor fuel systems, and replace container valves on motorized vehicles licensed to operate on public roadways. The On-Road Motor Fuel Technician examination does not authorize an individual to fill LP-gas motor or mobile fuel containers.

(D) The Non-Road Motor Fuel Technician examination qualifies an individual to install LP-gas motor fuel containers, cylinders, and LP-gas motor fuel systems, and replace container valves on vehicles such as industrial forklift trucks and lawnmowers. The Non-Road Motor Fuel Technician examination does not authorize an individual to fill LP-gas motor fuel containers or cylinders.

(E) The Mobile Fuel Technician examination qualifies an individual to install LP-gas mobile fuel containers, cylinders, and LP-gas mobile fuel systems, and replace container valves on mobile fuel equipment such as trailers, catering trucks, mobile kitchens, tar kettles, hot oil units, auxiliary engines and similar equipment. The Mobile Fuel Technician examination does not authorize an individual to fill LP-gas mobile fuel containers or cylinders.

(F) The DOT Cylinder Filler examination qualifies an individual to inspect, requalify, fill, disconnect and connect cylinders, including industrial truck cylinders, and to exchange cylinder valves. The DOT Cylinder Filler examination does not authorize an individual to fill ASME motor or mobile fuel containers.

(G) The Recreational Vehicle Technician examination qualifies an individual to install LP-gas motor or mobile fuel containers, including cylinders, and to install and repair LP-gas systems and appliances on recreational vehicles. The Recreational Vehicle Technician examination does not authorize an individual to fill LP-gas containers.

(H) The Service and Installation Technician examination qualifies an individual to perform all LP-gas activities related to stationary LP-gas systems, including LP-gas containers, appliances, and stationary engines. The Service and Installation Technician examination does not authorize an individual to fill containers or operate an LP-gas transport.

(I) The Appliance Service and Installation Technician examination qualifies an individual to perform all LP-gas activities related to appliances, including installing, repairing and converting appliances, installing and repairing connectors from the appliance gas stop through the venting system, and to perform leak checks on the new or repaired portion of an LP-gas system. The Appliance Service and Installation Technician examination does not authorize an individual to install a container, install or repair piping upstream of and including the appliance gas stop, or to install, repair or adjust regulators.

(J) The Motor/Mobile Fuel Filler examination qualifies an individual to inspect and fill motor or mobile fuel containers on vehicles, including recreational vehicles, cars, trucks, and buses. The Motor/Mobile Fuel Filler examination does not authorize an individual to fill LP-gas cylinders or ASME stationary containers.

(2) Management-level examinations.

(A) The Category A examination qualifies an individual to assemble, repair, install, subframe, test, and sell both ASME and DOT containers and cylinders, including motor or mobile fuel containers and systems, and to repair and install transport and transfer systems.

(B) The Category A-1 examination qualifies an individual to assemble, repair, install, test, and sell ASME containers, including motor or mobile fuel containers and systems, and to repair and install transport and transfer systems.

(C) The Category A-2 examination qualifies an individual to assemble, repair, install, subframe, test, and sell DOT cylinders.

(D) The Category B examination qualifies an individual to subframe, test, and sell transport containers; test LP-gas storage containers; install, test, and sell LP-gas motor or mobile fuel containers and systems; and install and repair transport systems and motor or mobile fuel systems.

(E) The Category C examination qualifies an individual to transport LP-gas in a transport equipped with one or more containers, load and unload LP-gas, and install and repair transport systems.

(F) The Category D examination qualifies an individual to sell, service, and install containers, and to service, install, and repair piping and appliances, excluding motor fuel containers, motor fuel systems, recreational vehicle containers, or recreational vehicle systems.

(G) The Category E examination qualifies an individual to store, sell, transport and distribute LP-gas and perform all other categories of licensed activities except the manufacture, fabrication, assembly, repair, subframing, and testing of LP-gas containers and the sale and installation of LP-gas motor or mobile fuel systems rated at more than 25 horsepower.

(H) The Category F examination qualifies an individual to operate a cylinder-filling facility, including cylinder filling, the sale of LP-gas in cylinders, and the replacement of cylinder valves.

(I) The Category G examination qualifies an individual to operate an LP-gas dispensing station to fill ASME motor or mobile fuel containers.

(J) The Category H examination qualifies an individual to transport and sell LP-gas in cylinders.

(K) The Category I examination qualifies an individual to operate a service station as set out in Category F and G.

(L) The Category J examination qualifies an individual to operate a service station as set out in Category I, transport cylinders as set out in Category H and install and connect DOT cylinders.

(M) The Category K examination qualifies an individual to sell and distribute LP-gas through mains or pipes, and to install and repair LP-gas systems.

(N) The Category L examination qualifies an individual to sell and install both LP-gas motor or mobile fuel containers and fuel systems on engines.

(O) The Category M examination qualifies an individual to sell, service, and install recreational vehicle containers, and to install, repair, and service recreational vehicle appliances, piping, and LP-gas systems, including recreational vehicle motor or mobile fuel systems and containers.

(P) The Category N examination qualifies an individual to service and install containers that supply fuel to manufactured housing, and to install, repair, and service appliances and piping systems for manufactured housing.

(Q) The Category O examination qualifies an individual to test LP-gas containers, motor or mobile fuel systems, transfer systems, and transport systems to determine the safety of the containers or systems for LP-gas service, including the necessary installation, disconnection, reconnection, testing, and repair of LP-gas motor fuel systems or mobile fuel systems, transfer systems, and transport systems involved in the testing of containers.

(R) The Category P examination qualifies an individual to operate a portable cylinder exchange service where LP-gas is sold in portable cylinders whose LP-gas capacity does not exceed 21 pounds, where the portable cylinders are not filled on site, and where no other LP-gas activity requiring a license is conducted.

(e) Within 15 calendar days of the date an individual takes an examination, AFS shall notify the individual of the results of the examination. If the examination is graded or reviewed by a testing or proctoring service, AFS shall notify the individual of the examination results within 14 days of the date AFS receives the results from the testing or proctoring service. If the notice of the examination results will be delayed for longer than 90 days after the examination date, AFS shall notify the individual of the reason for the delay before the 90th day. AFS may require a testing or proctoring service to notify an individual of the individual's examination results.

(f) Failure of any examination shall immediately disqualify the individual from performing any LP-gas related activities covered by the examination which is failed, except for activities covered by a separate examination which the individual has passed.

(1) Any individual who fails an examination administered by the Commission at the Austin location may retake the same examination one additional time during a business day.

(2) Any subsequent examination shall be taken on another business day, unless approved by the AFS director.

(3) An individual who fails an examination may request an analysis of the individual's performance on the examination.

(g) The Commission shall not issue a certificate to an applicant for a management-level certificate that requires completion of a course of instruction until the applicant completes both the required course of instruction and passes the required management-level rules examination.

(h) An applicant for a management-level certificate shall pass the management-level rules examination within two years after completing a required course of instruction. An applicant who fails to pass such an examination within two years of completing such a course shall reapply as a new applicant.

§9.20.Dispenser Operations Certificate Exemption.

An individual may perform work and directly supervise LP-gas activities requiring contact with LP-gas if the individual is granted the Dispenser Operations Certificate Exemption. The exemption may be obtained by completing the Dispensing Propane Safely course, including examination, and complying with paragraph (1) of this section or by completing a PERC-based training course and examination in accordance with paragraph (2) of this section.

(1) Dispenser Operations Certificate Exemption through PERC.

(A) To be granted a Dispenser Operations Certificate Exemption through PERC, the applicant shall:

(i) submit a properly completed LPG Form 16P;

(ii) submit a legible copy of the PERC certificate of completion, which shall:

(I) indicate that the Dispensing Propane Safely course has been completed, including a copy of the transcript listing the examinations completed;

(II) be issued to the individual listed on LPG Form 16P; and

(III) have a completion date after July 18, 2022, and within six months of the date the LPG Form 16P is submitted;

(iii) submit a legible copy of a state-issued identification card or driver's license, including a photo; and

(iv) pay a $40 registration fee.

(B) AFS will review the application to verify all requirements have been met.

(i) If errors are found or information is missing on the application or other documents, AFS shall notify the applicant of the deficiencies in writing.

(ii) The applicant must respond with the required information and/or documentation within 30 days of the written notice. Failure to respond by the deadline will result in withdrawal of the application.

(iii) If all requirements have been met, the individual will become a DOT cylinder filler and motor/mobile fuel filler certificate holder as addressed in §9.10(d)(1)(F) and (d)(1)(J) of this title, respectively, (relating to Rules Examination) and AFS shall send a certificate to the licensee.

(2) Dispenser Operations Certificate Exemption through a PERC-based course.

(A) Any individual who completes an approved PERC-based course will be granted a Dispenser Operations Certificate Exemption provided the report required in §9.55(h) of this title (relating to PERC-Based Training) is submitted. The course shall include training and examination. If all requirements have been met, the individual will become a DOT cylinder filler and motor/mobile fuel filler certificate holder as addressed in §9.10(d)(1)(F) and (d)(1)(J) of this title, respectively, and AFS shall send a certificate to the licensee listed on the report.

(B) AFS may refuse to issue or renew a certificate for an individual who presents for credit an unapproved course; a course from an unapproved company; or a course using unapproved, incomplete, or incorrect materials.

(3) The Dispenser Operations Certificate Exemption does not become effective until the certificate is issued by AFS.

(4) Certificate holders issued a Dispenser Operations Certificate exemption shall comply with the rules in this chapter, including the following rules:

(A) §9.135 of this title (relating to Unsafe or Unapproved Containers, Cylinders, or Piping);

(B) §9.136 of this title (relating to Filling of DOT Containers);

(C) §9.137 of this title (relating to Inspection of Cylinders at Each Filling);

(D) §9.141(d) and (g) of this title (relating to Uniform Safety Requirements); and

(E) the entry for NFPA 58 §7.4.3.1 in the Figure in §9.403 of this title (relating to Sections in NFPA 58 Not Adopted by Reference, and Adopted with Changes or Additional Requirements).

(5) The certificate accrues to the individual and is nontransferable. An individual who has been issued a certificate shall make the certificate readily available and shall present it to any Commission employee or agent who requests proof of certification.

(6) Each individual shall:

(A) comply with all applicable continuing education requirements in §9.51 and §9.52 of this title (relating to General Requirements for LP-Gas Training and Continuing Education, and Training and Continuing Education, respectively);

(B) comply with renewal requirements in §9.9 of this title (relating to Requirements for Certificate Holder Renewal); and

(C) be employed by a licensee or a license-exempt entity in accordance with §9.7 of this title (relating to Application for Licenses, Manufacturer Registrations, and Renewals.

(7) Failure to comply with the renewal requirements in §9.9 of this title shall result in the expiration of the certificate. If an individual's exemption has been expired for more than two years, that individual shall complete all requirements necessary to apply for a new certificate.

(8) A military service member, military veteran, or military spouse shall be exempt from the original registration fee pursuant to the requirements in §9.14 of this title (relating to Military Fee Exemption). An individual who receives a military fee exemption is not exempt from renewal fees specified in §9.9 of this title.

§9.51.General Requirements for LP-Gas Training and Continuing Education.

(a) In addition to complying with NFPA 58, §§4.4 and 11.2, individuals shall comply with the training and continuing education requirements in this chapter.

(b) Applicants for new certificates, as set forth in §9.8 of this title (relating to Requirements and Application for a New Certificate) and persons holding existing certificates or a Dispenser Operations certificate exemption shall comply with the training or continuing education requirements in this chapter. Any individual who fails to comply with the training or continuing education requirements by the assigned deadline may regain certification by paying the nonrefundable course fee and satisfactorily completing an authorized training or continuing education course within two years of the deadline. In addition to paying the course fee, the person shall pay any fee or late penalties to AFS.

(c) The training requirements apply to:

(1) applicants for Category D, E, F, G, I, J, K, or M management-level certificates; and

(2) applicants for the following employee-level certifications:

(A) bobtail driver;

(B) DOT cylinder filler;

(C) recreational vehicle technician;

(D) service and installation technician;

(E) appliance service and installation technician; and

(F) motor/mobile fuel filler.

(d) The continuing education requirements apply to the following individuals:

(1) Category D, E, F, G, I, J, K, and M management-level certificate holders;

(2) any ultimate consumer who has purchased, leased, or obtained other rights in any LP-gas bobtail, including any employee of such ultimate consumer if that employee drives or in any way operates the equipment on an LP-gas bobtail;

(3) individuals holding the following employee-level certifications:

(A) bobtail driver;

(B) DOT cylinder filler;

(C) recreational vehicle technician;

(D) service and installation technician;

(E) appliance service and installation technician; and

(F) motor/mobile fuel filler; and

(4) individuals holding a Dispenser Operations certificate exemption.

(e) The training and continuing education requirements do not apply to an individual who:

(1) drives or fuels a motor vehicle powered by LP-gas as an ultimate consumer;

(2) fuels motor vehicles as an employee of an ultimate consumer;

(3) is employed by a state agency, county, municipality, school district, or other governmental subdivision;

(4) holds a general installers and repairman exemption; or

(5) holds a management or employee-level certification not specified in subsection (c) or (d) of this section.

(f) Except as provided in §9.41(b) of this title (relating to Testing of LP-Gas Systems in School Facilities), each individual who performs LP-gas activities as an employee of an ultimate consumer or a state agency, county, municipality, school district, or other governmental subdivision shall be properly supervised by his or her employer. Any such individual who is not certified by the Commission to perform such LP-gas activities shall be properly trained by a competent person in the safe performance of such LP-gas activities.

(g) Individual credit. Successful completion of any required training or continuing education course shall be credited to and accrue to the individual.

(h) No partial credit. Individuals attending courses shall receive credit only if they attend the entire course and pay any training or continuing education course fees in full. The Commission shall not award partial credit for partial attendance.

(i) Schedules. Dates and locations of available AFS LP-gas training and continuing education courses can be obtained on the Commission's web site. AFS courses shall be conducted in Austin and in other locations around the state. Individuals or companies may request in writing that AFS courses be taught in their area. AFS shall schedule courses at its discretion.

(j) Course registration and scheduling.

(1) Registering for a course. To register for a scheduled training or continuing education course, an individual shall complete the online registration process at least seven days prior to the course.

(2) Costs for courses.

(A) Each registration for a training course shall require the payment of the applicable nonrefundable course fee as follows:

(i) $75 for an eight-hour course;

(ii) $150 for the 16-hour Category F, G, I, and J course; and

(iii) $750 for the 80-hour Category E course.

(B) The course fees do not include the license or rules examination fees described in §9.6 and §9.10 of this title (relating to License Categories, Container Manufacturer Registration, and Fees, and Rules Examination, respectively).

(C) Current certificate holders who have paid the annual renewal fee and who want to add a new certification other than Category E, F, G, I or J shall not be required to pay the $75 course fee.

(D) Continuing education courses shall be offered at no charge to certificate holders who have timely paid the annual certificate renewal fee specified in §9.9 of this title (relating to Requirements for Certificate Holder Renewal).

(E) Requests for courses where no training or continuing education course credit is given shall be submitted in writing to the AFS training section. The AFS training section may conduct the requested courses at its discretion. The nonrefundable fee for a non-credit course is $250 if no overnight expenses are incurred by the AFS training section, or $500 if overnight expenses are incurred. AFS may waive the fee for a non-credit course in cases where the Commission recovers the cost of the course from another source, such as a grant.

(F) AFS may charge reasonable fees for materials for courses using third-party materials.

(3) If any course has fewer than eight individuals registered within seven calendar days prior to the course, AFS may cancel the course and may reschedule the registered individuals in another course agreed upon by the individuals and the AFS training section. The AFS training section reserves the right to determine the number of course registrants.

(4) If a previously registered individual is unable to attend the course at the time and place for which the individual is registered due to illness or other unforeseen circumstances, another individual from the same company may attend that same course in his or her place.

(5) Applicants who take courses offered by an entity other than AFS shall comply with the registration, fee, and other requirements specified by that entity.

(k) An individual registered to take a course shall bring the following items to the course site:

(1) a registration confirmation email or fax;

(2) proof of payment unless exempt from the course fee; and

(3) documents required in §9.10(b) of this title if one or more examinations will be taken.

(l) Individual applicants or certificate holders shall be responsible for promptly notifying the AFS training section in writing of any discrepancies or errors in the training or continuing education records, and shall notify AFS of any discrepancies or errors in examination records or certificates. In the event of a discrepancy, AFS' records, including due dates, shall be deemed correct unless the individual has copies of applicable documents which clarify the discrepancy.

§9.52.Training and Continuing Education.

(a) Training. Individuals identified in §9.51(c) of this title (relating to General Requirements for LP-Gas Training and Continuing Education) shall complete training.

(1) Available training courses.

(A) The 2.1 Dispenser Operations course covers proper filling and handling of ASME motor/mobile fuel containers, appurtenances, DOT cylinders, and dispenser operations.

(B) The 2.3 Bobtail Operations course covers federal and state regulations that apply to hazardous material transportation, the operation of propane delivery vehicles, and the rules in this chapter, including NFPA 54 and NFPA 58, which apply to LP-gas installations.

(C) The 3.2 Residential System Installation course covers the requirements for proper installation and start-up of a residential propane system, including correct appliance operation.

(D) The 3.3 Appliance Conversion, Installation and Venting course covers the requirements for converting, installing, and venting of propane gas appliances.

(E) The 3.8 Recreational Vehicle Gas Appliances course covers servicing of recreational vehicles' LP-gas systems and appliances.

(F) The 16-hour Category F, G, I, and J course covers ASME motor/mobile fuel containers, appurtenances, DOT cylinders, the operations of a dispenser to fill tanks and cylinders, and applicable LP-gas requirements for obtaining a Category F, G, I or J management-level certificate.

(G) The 80-hour Category E course covers all the material in courses 2.1, 2.3, 3.2, 3.3 and 3.8, and the Commission's rules in this chapter, including NFPA 54 and NFPA 58.

(2) Training requirements.

(A) Category E management-level applicants shall attend the 80-hour Category E course;

(B) Category F, G, I, and J management-level applicants shall attend the 16-hour Category F, G, I and J course; and

(C) Category D, K and M management-level applicants and all applicants for employee-level certifications that are subject to training requirements shall complete an eight-hour course. A certificate holder's training deadline shall not be extended if that individual retakes and passes an examination for the current category and level of certification. A training deadline shall be extended only after a certificate holder successfully completes an applicable training course.

(i) Category D management-level applicants shall complete the 3.2 course.

(ii) Category K management-level applicants shall complete the 3.2 course.

(iii) Category M management-level applicants complete the 3.8 course.

(iv) DOT Cylinder Filler applicants shall complete the 2.1 course unless the individual is issued a Dispenser Operations certificate exemption.

(v) Motor and Mobile Fuel Filler applicants shall complete the 2.1 course.

(vi) Bobtail Driver applicants shall complete the 2.3 course.

(vii) Service and Installation applicants shall complete the 3.2 course.

(viii) Appliance Service and Installation applicants may complete either the 3.2 or 3.3 course.

(ix) Recreational Vehicle Technician applicants shall complete the 3.8 course.

(3) Individuals who pass an employee-level rules examination between March 1 and May 31 of any year shall have until May 31 of the next year to complete any required training. Individuals who pass an employee-level rules examination at other times shall have until the next May 31 to complete any required training.

(4) Applicants for company representative or operations supervisor shall comply with the training requirements in this section prior to the Commission issuing a certificate.

(b) Continuing education. A certificate holder shall complete at least eight hours of continuing education every four years as specified in this subsection. Continuing education courses are specified in subsection (e) of this section.

(1) Upon fulfillment of the continuing education requirement, the certificate holder's next continuing education deadline shall be four years after the May 31 following the date of the most recent course the certificate holder has completed, unless the course was completed on May 31, in which case the deadline shall be four years from that date.

(2) A certificate holder's continuing education deadline shall not be extended if an examination for a current category and level of certification is retaken and passed; a continuing education deadline shall be updated only after a certificate holder successfully completes an applicable continuing education course. An individual who completes a continuing education course after the assigned deadline shall have four years from the original deadline to complete the next course.

(3) Certificate holders who are certified as recreational vehicle technicians or appliance service and installation technicians and are also certified to perform LP-gas activities covered by one or more other certifications shall complete the initial continuing education requirements for any one of the certifications held in order to maintain active status. For each subsequent continuing education requirement, such individuals shall be responsible for attending a different continuing education course relevant to one of the other certifications held.

(4) Certificate holders who attend a course offered by an outside instructor shall not be entitled to a refund of the annual renewal fee or any other fees or penalties required by the Commission.

(5) Certificate holders who have not paid the annual certificate renewal fee, including general installers and repairman exemption holders or members of the general public may attend courses at the charge specified in §9.51 of this title. A request to attend a course shall be in writing, submitted to the AFS training section, and granted at AFS' discretion on an individual basis and if space is available.

(6) Any certificate holder who has timely paid the annual certificate renewal fee but is not otherwise required to attend a Commission continuing education course may voluntarily attend a course, if space is available, by registering with the AFS training section as specified in §9.51 of this title.

(c) Adding a new certification. A current certificate holder who successfully completes an examination for an additional certification that requires completion of a training course shall be assigned a training deadline pursuant to subsection (a)(2) and (3) of this section. Upon completion of the required training, the certificate holder shall be assigned a continuing education date pursuant to subsection (b) of this section.

(d) Train-the-Trainer courses. The Train-the-Trainer courses shall not count as credit towards the training or continuing education requirements.

(e) Certificate holders may complete their continuing education requirement by attending a continuing education course for their specific certificate as listed in this subsection or by attending a CETP course listed in subsection (g) of this section:

(1) the 4.1 Employee-Level Dispenser Operations Continuing Education course;

(2) the 4.2 Employee-Level Service and Installation Continuing Education course;

(3) the 4.3 Employee-Level Bobtail Driver Continuing Education course;

(4) the 4.4 Employee-Level Recreational Vehicle Technician Continuing Education course; and

(5) the 6.1 Regulatory Compliance for Managers course.

(f) Continuing education credit for certificate holders.

(1) Individuals holding the following certificates or exemption may receive continuing education credit for the 4.1 Employee-Level Dispenser Operations Continuing Education course:

(A) a DOT Cylinder Filler certificate;

(B) a Motor/Mobile Fuel Filler certificate; and/or

(C) a Dispenser Operations certificate exemption.

(2) Individuals holding the following certificates may receive continuing education credit for the 4.2 Employee-Level Service and Installation Continuing Education course:

(A) a Service and Installation Technician certificate; and/or

(B) an Appliance Service and Installation Technician certificate.

(3) Individuals holding a Recreational Vehicle Technician certificate may receive continuing education credit for the 4.4 Employee-Level Recreational Vehicle Technician Continuing Education course.

(4) Individuals holding a Bobtail Driver certificate may receive continuing education credit for the 4.3 Employee-Level Bobtail Driver Continuing Education course.

(5) To meet continuing education requirements, all management-level certificate holders shall complete one of the following courses:

(A) the 6.1 Regulatory Compliance for Managers course; or

(B) a course listed in paragraphs (1) - (4) of this subsection.

(6) Any employee-level or management-level certificate holder may also receive continuing education credit by completing any training course listed in subsection (a)(1) of this section for the certificate held by the individual.

(g) Credit for CETP courses. An employee-level certificate holder who has successfully completed a CETP course, including any applicable knowledge and skills assessments, may receive credit toward the continuing education requirements specified in this section as follows:

(1) Items on the table marked with an "x" indicate CETP courses that meet continuing education requirements for employee-level certificate holders in that category.

Figure: 16 TAC §9.52(g)(1) (.pdf)

(2) The successful completion of a CETP course is determined by a CETP course certificate, which is issued only after an individual has completed the prescribed course of study, including any related knowledge and skills assessments, for the applicable CETP job classification.

(3) To receive credit toward the Commission's continuing education requirements, the certificate holder shall submit the following information, clearly readable, to AFS:

(A) the individual's full name, address, and telephone number;

(B) a copy of the certificate holder's certificate; and

(C) a legible copy of the official CETP course certificate.

(4) AFS shall review the submitted material within 30 business days of receipt and shall notify the certificate holder in writing that the request is approved, denied, or incomplete.

(A) If the request is approved, the certificate holder will receive continuing education credit. AFS will send a new certificate if the request is submitted as part of the renewal process in §9.9 of this title (relating to Requirements for Certificate Holder Renewal).

(B) If the request is denied, the certificate holder may submit additional information for review.

(C) If the material is incomplete, AFS shall identify the necessary additional information required.

(D) If the request is denied or incomplete, the certificate holder shall file any additional information within 30 calendar days of the date of the notice in order to receive credit for the CETP course attendance.

(E) Certificate holders requesting credit for CETP course attendance shall submit such requests to allow processing time so that a request is finally approved by May 31 in order for the certificate holder to receive credit toward that deadline.

(h) Credit for PERC-Based Course Attendance. Individuals shall receive credit for attending a PERC-based course per §9.20(2) of this title (relating to Dispenser Operations Certificate Exemption).

§9.55.PERC-Based Training.

(a) General. AFS may award training and certification or continuing education credit to DOT cylinder filling or motor/mobile fuel filler employee-level applicants and certificate holders for PERC-based courses administered by an approved company provided the company complies with the requirements of this section.

(1) The PERC-based course shall be consistent with the guidelines established by the PERC Dispensing Propane Safely course.

(2) The PERC-based materials may consist of recorded video materials approved under this section.

(3) An LP-gas licensee may offer courses to its own employees provided that the PERC-based course complies with the requirements of this section.

(4) All PERC-based course curriculum and course materials shall:

(A) meet the requirements of subsection (c) of this section;

(B) be submitted to AFS for review; and

(C) be organized and easily readable.

(b) Application process. Companies seeking to administer a PERC-based course shall submit to AFS:

(1) the PERC-Based Training Application;

(2) a non-refundable $300 registration fee;

(3) the following for the PERC-based course to be administered:

(A) a description of the course;

(B) the course curriculum, consistent with the requirements of subsection (c) of this section;

(C) course examination materials; and

(D) links to or digital copies of any videos included in the course curriculum or examination materials; and

(4) any other information required by this section.

(c) Curriculum standards. The course curriculum must be consistent with the guidelines established by the PERC Dispensing Propane Safely course and shall also include training on the requirements listed in §9.20(4) of this title (relating to Dispenser Operations Certificate Exemption).

(d) AFS review. AFS shall review the application for PERC-based training approval and, within 14 business days of the date AFS receives the application, shall notify the applicant in writing that the application is approved, denied, or incomplete.

(1) Approved applications. AFS shall notify the applicant in writing if the application is approved and the applicant may then begin offering courses.

(2) Denied applications. If an application is denied, AFS' notice of denial shall identify the reason the application does not meet the requirements of subsections (a) - (c) of this section.

(3) Incomplete applications.

(A) If an application is incomplete, AFS' notice of deficiency shall identify the necessary additional information, including any deficiencies in course curriculum or materials.

(B) The applicant shall file the necessary additional information within 30 calendar days of the date of AFS' notice of deficiency.

(C) The applicant's failure to file the necessary additional information within the prescribed time period may result in the dismissal of the application and the necessity of the applicant again paying the non-refundable $300 registration fee for each subsequent filing of an application.

(e) Revision of course materials. PERC-based courses must be administered using the materials submitted to and approved by AFS. Revisions to any course materials previously approved by AFS shall be submitted in writing, along with a nonrefundable $100 review fee to AFS.

(1) The nonrefundable $100 review fee shall be waived if the course materials are revised as a result of changes made by PERC to its Dispensing Propane Safely course or examination materials or changes adopted to the rules in this chapter.

(2) Revised PERC-based course materials shall not be used in a course until the materials received written AFS approval.

(3) AFS shall review the revised course materials and, within 14 business days, shall notify the company in writing that the revised course materials are approved or not approved.

(4) If the revised course materials are not approved:

(A) AFS' notice shall identify the portion or portions that are not approved and/or shall describe any deficiencies in the revised course materials.

(B) The approved company shall file any necessary additional information within 30 calendar days of the date of AFS' notice.

(C) The company's failure to file the necessary additional information within the prescribed time period may result in the dismissal of the request for approval of revised course materials and the necessity of again paying the $100 review fee for each subsequent filing of revised course materials.

(5) Once approved, the revised course materials may be used in the PERC-based course.

(f) PERC-based training additional responsibilities.

(1) Those administering PERC-based courses are responsible for every aspect of the courses they administer, including the location, schedule, date, time, duration, content, material, demeanor and conduct of an in-person instructor, if applicable, and reporting of attendance information.

(2) AFS may monitor or supervise any PERC-based course or exam.

(g) Complaints. Complaints regarding PERC-based courses shall be made to AFS in accordance with the process specified in §9.54(l) of this title (relating to Commission-Approved Outside Instructors).

(h) Completed courses.

(1) Within ten business days of the conclusion of a course, the approved company administering the course shall report to AFS the following information:

(A) the company's name and license number, if applicable;

(B) list of the persons completing the course, including the following information for each individual listed:

(i) full name,

(ii) last four digits of the person's social security number or RRC identification number;

(iii) the date the course was completed;

(iv) personal mailing address;

(v) the individual's employer; and

(vi) the individual's employer's license number if the course was administered by an approved company that is not the individual's employer.

(2) The report shall be made electronically.

(3) The company shall ensure that AFS receives the report by securing written acknowledgment of its receipt by AFS.

(4) A $40 registration fee shall be submitted for each individual listed in paragraph (1)(B) of this subsection.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 28, 2022.

TRD-202202422

Haley Cochran

Rules Attorney, Office of General Counsel

Railroad Commission of Texas

Effective date: July 18, 2022

Proposal publication date: May 20, 2022

For further information, please call: (512) 475-1295


SUBCHAPTER B. LP-GAS INSTALLATIONS, CONTAINERS, APPURTENANCES, AND EQUIPMENT REQUIREMENTS

16 TAC §§9.126, 9.130, 9.134, 9.140 - 9.143

The Commission adopts the amendments under Natural Resources Code sections 113.087 and 113.088, amended by Senate Bill 1582 (87th Legislature, Regular Session), and Natural Resources Code section 113.0955, added by Senate Bill 1668 (87th Legislature, Regular Session). The Commission also adopts the amendments under Texas Natural Resources Code, §113.051, which authorizes the Commission to promulgate and adopt rules and standards relating to any and all aspects or phases of the LP-gas industry that will protect or tend to protect the health, welfare, and safety of the general public.

Statutory authority: Texas Natural Resources Code, §§113.051, 113.087, 113.088 and 113.0955.

Cross reference to statute: Texas Natural Resources Code Chapter 113.

§9.126.Appurtenances and Equipment.

(a) All appurtenances and equipment placed into LP-gas service shall be listed by a nationally recognized testing laboratory such as Underwriters Laboratory (UL), Factory Mutual (FM), or American Gas Association (AGA) unless:

(1) it is specifically prohibited for use by another section of the rules in this chapter;

(2) there is no test specification or procedure developed by the testing laboratory for the appurtenance or equipment; or

(3) it is used and in compliance with any NFPA standard adopted by the Commission.

(b) Appurtenances and equipment that cannot be listed but are not prohibited for use by the rules in this chapter or the manufacturer's instructions shall be acceptable for LP-gas service, provided the appurtenances and equipment are installed in compliance with the applicable rules in this chapter.

(c) The licensee or operator of the appurtenances or the equipment shall maintain documentation sufficient to substantiate any claims regarding the safety of any valves, fittings, and equipment and shall, upon request, furnish copies to AFS.

(d) ASME containers with an individual water capacity over 4,000 gallons shall comply with paragraph (1) or (2) of this subsection:

(1) For container openings 1 1/4-inch or greater in size:

(A) the container shall be equipped with:

(i) a pneumatically-actuated or electrically-actuated internal valve equipped for remote closure and automatic shutoff using thermal (fire) actuation where the thermal element is located within five feet (1.5 meters) of the internal valve;

(ii) a double back flow check filler valve; or

(iii) a positive shutoff valve in combination with a back flow check valve;

(B) Any vapor or liquid withdrawal opening 1 1/4-inch or larger with piping attached that exclusively provides service to stationary appliances or equipment and which is not part of a transfer system may be equipped with an excess flow valve and a shutoff valve installed as close as practical to the container in lieu of an internal valve or emergency shutoff valve;

(C) For reducing the size of a container opening, only one bushing with a minimum pressure rating in accordance with NFPA 58 Table 5.11.4.2 shall be installed;

(D) Container openings that are not compatible with internal valves shall be permitted to utilize both an excess-flow valve installed in the container and an emergency shutoff valve or a valve complying with API 607, Fire Test Soft-Seated for Quarter Turn Ball Valves Equipped with Non-Metallic Seats, which shall be pneumatically actuated and shall fail in the closed position.

(2) For container openings less than 1 1/4-inch in size, the container shall be equipped with:

(A) a positive shutoff valve that is located as close to the container as practical in combination with either an excess-flow valve or a back flow check valve installed in the container;

(B) a pneumatically-actuated or electrically-actuated internal valve with an integral excess-flow valve or excess-flow protection; or

(C) a double back flow check filler valve.

§9.140.System Protection Requirements.

(a) Stationary LP-gas installations, including LP-gas transfer systems, dispensing systems, and storage containers, shall be protected from tampering and damage as specified in this section.

(b) LP-gas storage containers located on a rural consumer's property from which motor or mobile fuel containers are filled are not required to comply with the fencing and vehicular barrier protection requirements in subsections (c) and (d) of this section.

(c) In addition to NFPA 58, §§6.21.4.2, 6.22.3.2(3), 6.27.3.7, 8.2.1.1, and 6.5.4.5, fencing at LP-gas installations shall comply with the following:

(1) Uprights, braces, and cornerposts of the fence shall be composed of noncombustible material and shall be anchored in concrete a minimum of 12 inches below the ground.

(2) Gates in fences where bulkheads are installed shall be located directly in front of the bulkhead. Gates shall be locked whenever the area enclosed is unattended. Gate posts on gates installed directly in front of the bulkhead shall be located at 45-degree angles to the nearest corner of the bulkhead.

(3) ASME containers or manual dispensers originally manufactured to or modified to be considered by AFS as self-contained units are exempt from the fencing requirements. Self-contained units shall be protected as specified in subsection (d) of this section.

(4) LP-gas containers located at a private residence are exempt from the fencing requirements.

(d) In addition to NFPA 58, §§6.8.1.2, 6.8.6.1(A)-(E), 6.8.6.2(F), 6.27.3.13 and 6.27.3.14, vehicular barrier protection at LP-gas installations, except as noted in this section, shall comply with the following:

(1) Vertical supports for vehicular barrier protection shall be at least three-inch schedule 40 steel pipe or other material with equal or greater strength. The vertical supports shall be capped on the top or otherwise protected to prevent the entrance of water or debris; anchored in concrete at least 18 inches below the ground; and rise at least 30 inches above the ground. Supports shall be spaced four feet apart or less.

(2) The horizontal guardrailing for vehicular barrier protection shall be secured to the top of the vertical supports at least 30 inches above the ground. The railing shall be at least three-inch schedule 40 steel pipe or other material with equal or greater strength. The railing shall be capped on the ends or otherwise protected to prevent the entrance of water or debris; and welded or bolted to the vertical supports with bolts of sufficient size and strength to prevent damage to the protected equipment under normal conditions, including the nature of the traffic to which the protected equipment is subjected.

(3) Locations which have a perimeter fence prohibiting public traffic to the container or cylinder storage area shall not be required to have guardrailing if the vertical supports are located no more than three feet apart.

(4) Openings in horizontal guardrailing, except the opening that is permitted directly in front of a bulkhead, shall not exceed three feet. Only one opening is allowed on each side of the guardrailing. A means of temporarily removing the horizontal guardrailing and vertical supports to facilitate the handling of heavy equipment may be incorporated into the horizontal guardrailing and vertical supports. In no case shall the protection provided by the horizontal guardrailing and vertical supports be decreased. Transfer hoses from the bulkhead shall be routed only through the 45-degree opening in front of the bulkhead or over the horizontal guardrailing.

(5) Clearance of at least three feet shall be maintained between the vehicular barrier protection and any part of an LP-gas transfer system or container or clearance of two feet for retail service station installations. The two vertical supports at the ends of any vehicular barrier protection which protects a bulkhead shall be located a minimum of 24 and a maximum of 36 inches at 45-degree angles to the nearest corner of the bulkhead.

(6) Vehicular barrier protection shall extend at least three feet beyond any part of the LP-gas transfer system or container which is exposed to collision damage or vehicular traffic.

(7) Installations which have highway barriers located between vehicular traffic and the container and material handling equipment shall not be required to have vehicular barrier protection installed.

(e) If exceptional circumstances exist or will exist at an installation which would require additional protection such as larger-diameter horizontal railing, then the licensee or operator shall install such additional protection. In addition, AFS at its own discretion may require an installation to be protected with added safeguards to adequately protect the health, safety, and welfare of the general public. AFS shall notify the person in writing of the additional protection needed and shall establish a reasonable time period during which the additional protection shall be installed. The licensee shall ensure that any necessary extra protection is installed. If a person owning or operating such an installation disagrees with AFS' determination made under this subsection, that person may request a public hearing on the matter. The installation shall either be protected in the manner prescribed by AFS or removed from service with all product withdrawn from it until AFS' final decision.

(f) In addition to NFPA 58 §5.2.8.1, LP-gas installations shall comply with the sign and lettering requirements specified in Table 1 of this section. An asterisk indicates that the requirement applies to the equipment or location listed in that column.

Figure: 16 TAC §9.140(f) (No change.)

(1) Unless colors are specified, lettering shall be in a color that sharply contrasts to the background color of the sign, and shall be readily visible to the public.

(2) Items 1, 2, and 3 in Table 1 may be combined on one sign.

(3) Items 1, 2, and 3 in the column entitled "Licensee or Non-Licensee ASME 4001+ Gal. A.W.C." in Table 1 apply to installations with 4,001 gallons or more aggregate water capacity protected only by vehicular barrier protection as required in subsection (d) of this section, and bulkheads as required by §9.143 of this title (relating to Bulkhead, Internal Valve, API 607 Ball Valve, and ESV Protection for Stationary LP-Gas Installations with Individual or Aggregate Water Capacities of 4,001 Gallons or More) for commercial, bulk storage, cylinder filling, or forklift installations.

(4) Item 7 in the column entitled "Storage Racks for DOT Portable or Forklift Containers" in Table 1 may be met with lettering only one rack when multiple racks are installed.

(5) Item 11 in the column entitled "Requirements" in Table 1 applies to facilities which have two or more containers.

(6) Item 13 in the column entitled "Requirements" in Table 1 applies to outlets where an LP-gas certified employee is responsible for the LP-gas activities at that outlet, when a licensee's employee is the operations supervisor at more than one outlet as required by §9.17(a) of this title (relating to Designation and Responsibilities of Company Representative and Operations Supervisor).

(7) Any information in Table 1 of this subsection required for an underground container shall be mounted on a sign posted within 15 feet horizontally of the manway or the container shroud.

(8) Licensees and non-licensees shall comply with operational and/or procedural actions specified by the signage requirements of this section.

(9) Any 24-hour emergency telephone numbers shall be:

(A) monitored at all times; and

(B) be answered by a person who is knowledgeable of the hazards of LP-gas and who has comprehensive LP-gas emergency response and incident information, or has immediate access to a person who possesses such knowledge and information. A telephone number that requires a call back (such as an answering service, answering machine, or beeper device) does not meet the requirements of this section.

(g) In addition to NFPA 58, §8.4.2.2, storage racks used to store DOT cylinders in the horizontal position located in areas frequented by the public shall be protected against vehicular damage by:

(1) the use of concrete curbs and/or wheel stops provided:

(A) the cylinder storage rack is located a minimum of 48 inches behind a curb or wheel stop that is a minimum of five inches in height above the grade of the driveway or parking area;

(B) if the requirements of subparagraph (A) of this paragraph cannot be met, the cylinder storage rack must be installed a minimum of 48 inches behind a curb or wheel stop that is a minimum of four inches in height above the grade of the driveway or parking area, and a wheel stop at least four inches in height must be installed at least 12 inches from the curb or first wheel stop; and

(C) if wheel stops are used, all wheel stops must be secured against displacement; or

(2) if curbs and/or wheel stops are not installed, guard posts or vehicular barrier protection shall be installed a minimum of 18 inches from each storage rack, and:

(A) consist of at least three-inch schedule 40 steel pipe, capped on top or otherwise protected to prevent the entrance of water or debris into the guard post, no more than four feet apart, and anchored in concrete at least 12 inches below ground and rising at least 30 inches above the ground;

(B) constructed of at least four-inch schedule 40 steel pipe capped on top or otherwise protected to prevent the entrance of water or debris into the guard post, and attached by welding to a minimum 8-inch by 8-inch steel plate at least 1/2 inch thick. The installed height of the post must be a minimum of 30 inches above the ground. The guard posts and steel plate shall be permanently installed and securely anchored to a concrete driveway or concrete parking area; or

(C) meet the requirements of subsection (d) of this section.

(h) Fencing, guardrails, and valve locks shall be maintained in good condition at all times in accordance with this chapter.

(i) Self-service dispensers shall be protected against vehicular damage by:

(1) vehicular barrier protection that complies with subsection (d) of this section; or

(2) vertical supports that comply with subsection (d) of this section; or

(3) where routine traffic patterns expose only the approach end of the dispenser to vehicular damage, support columns, concrete barriers, bollards, inverted U-shaped guard posts anchored in concrete, or other protection acceptable to AFS, provided:

(A) the cylinder storage rack is located a minimum of 48 inches behind a concrete curb or concrete wheel stop that is a minimum of five inches in height above the grade of the driveway or parking area;

(B) if the requirements of subparagraph (A) of this paragraph cannot be met, the cylinder storage rack must be installed a minimum of 48 inches behind a concrete curb or concrete wheel stop that is a minimum of four inches in height above the grade of the driveway or parking area, and a concrete wheel stop at least four inches in height must be installed at least 12 inches from the curb or first wheel stop.

(j) Self-service dispensers utilizing protection specified in subsection (i)(2) - (3) of this section shall be connected to supply piping by a device designed to prevent the loss of LP-gas in the event the dispenser is displaced. The device must retain liquid on both sides of the breakaway point and be installed in a manner to protect the supply piping against damage.

§9.143.Piping and Valve Protection for Stationary LP-Gas Installations with Individual or Aggregate Water Capacities of 4,001 Gallons or More.

(a) Instead of NFPA 58, §6.14, all new stationary LP-gas installations with individual or aggregate water capacities of 4,001 gallons or more shall:

(1) install a vertical bulkhead complying with subsection (d) of this section; and

(2) install one of the following in all container openings 1 1/4 inches or greater, as required in this section and §9.126 of this title (relating to Appurtenances and Equipment):

(A) pneumatically-actuated or electrically-actuated emergency shutoff valves (ESV);

(B) pneumatically-actuated or electrically-actuated internal valves;

(C) pneumatically-actuated or electrically-actuated API 607 ball valves; or

(D) in lieu of the ESV or internal valve specified in subparagraphs (A) and (B) of this paragraph, a backflow check valve may be installed where the flow is in one direction into the container. The backflow check valve shall have a metal-to-metal seat or a primary resilient seat with metal backup, not hinged with combustible material, and shall be designed for the specific application.

(b) Valve protection requirements.

(1) The pneumatic ESV and/or backflow check valves shall be installed in the fixed piping of the transfer system upstream of the bulkhead and within four feet of the bulkhead with a stainless steel flexible wire-braided hose not more than 36 inches long installed between the ESV and the bulkhead.

(2) The ESV shall be installed in the piping so that any break resulting from a pull away will occur on the hose or swivel-type piping side of the connection while retaining intact the valves and piping on the storage side of the connection and will activate the ESV at the bulkhead and the internal valves, ESV, and API 607 ball valves at the container or containers. Provisions for anchorage and breakaway shall be provided on the cargo tank side for transfer from a railroad tank car directly into a cargo tank. Such anchorage shall not be required from the tank car side.

(3) Pneumatically-actuated or electrically-actuated ESV, internal valves, and API 607 ball valves shall be equipped for automatic shutoff using thermal (fire) actuation where the thermal element is located within five feet (1.5 meters) of the ESV, internal valves, and/or API 607 ball valves. Temperature sensitive elements shall not be painted nor shall they have any ornamental finishes applied after manufacture.

(4) Internal valves, ESVs, and backflow check valves shall be tested annually for working order. The results of the tests shall be documented in writing and kept in a readily accessible location for one year following the performed tests.

(5) Pneumatically-actuated or electrically-actuated internal valves, ESV, and API 607 ball valves shall be interconnected and incorporated into at least one remote operating system.

(c) In addition to NFPA 58 §5.9.4.1, stationary LP-gas installations or railroad tank car transfer systems to fill trucks with no stationary storage involved shall have vertical bulkheads, pneumatic ESV and/or backflow check valves installed where the flow is in one direction into the container. ESVs, internal valves, and API 607 ball valves shall have emergency remote controls conspicuously marked according to the requirements of Table 1 of §9.140 of this title (relating to System Protection Requirements) as follows:

(1) For all new and existing facilities, where a bulkhead, internal valves, and ESVs are installed, at least one clearly identified and easily accessible manually operated remote emergency shutoff device shall be located between 20 and 100 feet from the ESV in the path of egress from the ESV.

(2) In addition to NFPA 58 §7.2.3.8 beginning September 1, 2005, for new installations, at least one clearly identified and easily accessible manually operated remote emergency shutoff device shall be located between 25 and 100 feet from the ESV at the bulkhead and in the path of egress from the ESV. API 607 ball valves installed after February 1, 2008, shall also meet the requirements of this section.

(d) Existing installations which have horizontal bulkheads and cable-actuated ESV shall comply with the following:

(1) If the horizontal bulkhead requires replacement, it shall be replaced with a vertical bulkhead;

(2) If a cable-actuated ESV requires replacement, it shall be replaced with a pneumatically-actuated or electrically-actuated ESV;

(3) If the horizontal bulkhead or a backflow check valve or a cable-actuated ESV are moved from their original location to another location, no matter what the distance from the original location, then the installation shall comply with the requirements for a vertical bulkhead and pneumatically-actuated or electrically-actuated ESV;

(4) All cable-actuated ESV shall be replaced with pneumatically-actuated or electrically-actuated ESV by January 1, 2011.

(e) Bulkheads, whether horizontal or vertical, shall comply with the following requirements:

(1) Bulkheads shall be installed for both liquid and vapor return piping.

(2) No more than two transfer hoses shall be attached to a pipe riser. If two hoses are simultaneously connected to one or two transports, the use of the two hoses shall not prevent the activation of the ESV in the event of a pull away.

(3) Both liquid and vapor transfer hoses shall be plugged or capped when not in use.

(4) Bulkheads shall be located at least 10 feet from any aboveground container or containers and a minimum of 10 feet horizontally from any portion of a container or valve exposed aboveground on any underground or mounded container. If the 10-foot distance cannot be obtained, the licensee or nonlicensee shall inform AFS in writing and include all necessary information. AFS may grant administrative distance variances to a minimum distance of five feet. If the licensee or nonlicensee requests that the bulkhead be closer than five feet to the container or containers, the licensee or nonlicensee shall apply for an exception to a safety rule as specified in §9.27 of this title (relating to Application for an Exception to a Safety Rule).

(5) Horizontal bulkheads shall not be converted to vertical bulkheads.

(6) Bulkheads shall be anchored in reinforced concrete to prevent displacement of the bulkhead, piping, and fittings in the event of a pullaway.

(7) Bulkheads shall be constructed by welding using the following materials or materials with equal or greater strength, as shown in the diagram.

Figure: 16 TAC §9.143(e)(7) (No change.)

(A) Six-inch steel channel iron shall be used.

(B) Legs shall be four-inch schedule 80 piping.

(C) The top crossmember of a vertical bulkhead shall be six-inch standard weight steel channel iron. The channel iron shall be installed so the channel portion is pointing downward to prevent accumulation of water or other debris. The height of the top crossmember above ground shall not result in torsional stress on the vertical supports of the bulkhead in the event of a pullaway.

(D) The kick plate shall be at least 1/4 inch steel plate installed at least 10 inches from the top of the bulkhead crossmember. A kick plate is not required if the crossmember is constructed to prevent torsional stress from being placed on the piping to the pipe risers.

(E) Pipe sleeves or couplings shall comply with clause (i) or (ii) of this subparagraph.

(i) Either a schedule 40 pipe sleeve or a 3,000-pound coupling shall be welded between the top crossmember and the kick plate;

(I) Pipe sleeves shall have a clearance of 1/4 inch or less for the piping to the pipe riser, and the piping shall terminate through the bulkhead with a schedule 80 pipe collar, a minimum 12-inch schedule 80 threaded (not welded) pipe riser (nipple), and an elbow or other fitting between the bulkhead and hose coupling;

(II) If a 3,000-pound coupling is used, no collar is required; however, the minimum 12-inch length of schedule 80 threaded pipe riser and an elbow or other fitting between the bulkhead and hose coupling are required;

(III) Elbows or other fittings shall comply with NFPA 58, §5.11.4 and shall direct the transfer hose from vertical to prevent binding or kinking of the hose; or

(ii) A pre-manufactured riser pipe break-away coupler shall be designed with an engineered break point located between two swing check valves.

(I) The riser pipe break-away coupler shall be designed so that the device used in the loading or unloading operations is able to stop the flow of product from both the source and the receiving tank within 20 seconds without human intervention in the event of a pullaway; and

(II) The riser pipe break-away shall be designed to direct the transfer hose from vertical to prevent binding or kinking of the hose.

(8) In lieu of a minimum 12-inch nipple on a vertical bulkhead, swivel-type piping (breakaway loading arm) may be installed. The swivel-type piping shall meet all applicable provisions of the rules in this chapter. The swivel-type piping may also be used for loading, unloading, or product transfer, but shall not be used in lieu of ESVs. The swivel-type piping shall be installed and maintained according to the manufacturer's instructions.

(9) AFS may require additional bulkhead protection if the installation is subject to exceptional circumstances or located in an unusual area where additional protection is necessary to protect the health, safety, and welfare of the general public.

(f) The bulkheads, internal valves, backflow check valves, and ESVs shall be kept in working order at all times in accordance with the manufacturer's instructions and the rules in this chapter. If the bulkheads, internal valves, backflow check valves and ESVs are not in working order in accordance with the manufacturer's instructions and the rules in this chapter, the licensee or operator of the installation shall immediately remove them from LP-gas service and shall not operate the installation until all necessary repairs have been made.

(g) In addition to NFPA 58 §§5.11.6 and 6.11.6.1, by February 1, 2003, rubber flexible connectors which are 3/4-inch or larger in size installed in liquid or vapor piping at an existing liquid transfer operation shall have been replaced with a stainless steel flexible connector. Stainless steel flexible connectors shall be 60 inches in length or less, and shall comply with all applicable rules in this chapter. Flexible connectors installed at a new installation after February 1, 2001, shall be stainless steel.

(h) If necessary to increase LP-gas safety, AFS may require a pneumatically-actuated or electrically-actuated internal valve equipped for remote closure and automatic shutoff through thermal (fire) actuation to be installed for certain liquid and/or vapor connections with an opening of 3/4 inch or one inch in size.

(i) Stationary LP-gas installations with individual or aggregate water capacities of 4,001 gallons or more are exempt from subsections (a) through (c) of this section provided:

(1) each container is filled solely through a 1 3/4 inch double back check filler valve installed directly into the container;

(2) at least one clearly identified and easily accessible manually operated remote emergency shutoff device shall be located between 25 and 100 feet from the point of transfer in the path of egress to close the primary discharge valves in the containers; and

(3) the LP-gas installation is not used to fill an LP-gas transport.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 28, 2022.

TRD-202202426

Haley Cochran

Rules Attorney, Office of General Counsel

Railroad Commission of Texas

Effective date: July 18, 2022

Proposal publication date: May 20, 2022

For further information, please call: (512) 475-1295


SUBCHAPTER C. VEHICLES

16 TAC §9.202, §9.211

The Commission adopts the amendments under Natural Resources Code sections 113.087 and 113.088, amended by Senate Bill 1582 (87th Legislature, Regular Session), and Natural Resources Code section 113.0955, added by Senate Bill 1668 (87th Legislature, Regular Session). The Commission also adopts the amendments under Texas Natural Resources Code, §113.051, which authorizes the Commission to promulgate and adopt rules and standards relating to any and all aspects or phases of the LP-gas industry that will protect or tend to protect the health, welfare, and safety of the general public.

Statutory authority: Texas Natural Resources Code, §§113.051, 113.087, 113.088 and 113.0955.

Cross reference to statute: Texas Natural Resources Code Chapter 113.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 28, 2022.

TRD-202202427

Haley Cochran

Rules Attorney, Office of General Counsel

Railroad Commission of Texas

Effective date: July 18, 2022

Proposal publication date: May 20, 2022

For further information, please call: (512) 475-1295


SUBCHAPTER E. ADOPTION BY REFERENCE OF NFPA 58 (LP-GAS CODE)

16 TAC §9.403

(Editor's note: In accordance with Texas Government Code, §2002.014, which permits the omission of material which is "cumbersome, expensive, or otherwise inexpedient," the figure in 16 TAC §9.403 is not included in the print version of the Texas Register. The figure is available in the on-line version of the July 15, 2022, issue of the Texas Register.)

The Commission adopts the amendments under Natural Resources Code sections 113.087 and 113.088, amended by Senate Bill 1582 (87th Legislature, Regular Session), and Natural Resources Code section 113.0955, added by Senate Bill 1668 (87th Legislature, Regular Session). The Commission also adopts the amendments under Texas Natural Resources Code, §113.051, which authorizes the Commission to promulgate and adopt rules and standards relating to any and all aspects or phases of the LP-gas industry that will protect or tend to protect the health, welfare, and safety of the general public.

Statutory authority: Texas Natural Resources Code, §§113.051, 113.087, 113.088 and 113.0955.

Cross reference to statute: Texas Natural Resources Code Chapter 113.

§9.403.Sections in NFPA 58 Not Adopted by Reference, and Adopted with Changes or Additional Requirements.

(a) Table 1 of this section lists certain NFPA 58 sections which the Commission does not adopt because the Commission's corresponding rules are more pertinent to LP-gas activities in Texas, or which the Commission adopts with changed language or additional requirements in order to address the Commission's existing rules.

Figure: 16 TAC §9.403(a) (.pdf)

(b) If a section in NFPA 58 refers to another section in NFPA 58 which the Commission has not adopted, or which the Commission has adopted with additional or alternative language, then persons shall comply with the applicable Commission rule.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 28, 2022.

TRD-202202428

Haley Cochran

Rules Attorney, Office of General Counsel

Railroad Commission of Texas

Effective date: July 18, 2022

Proposal publication date: May 20, 2022

For further information, please call: (512) 475-1295