Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 8 - PIPELINE SAFETY REGULATIONS › Subchapter B - REQUIREMENTS FOR ALL PIPELINES › Section 8.125 - Waiver Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose and
				  scope. The Commission considers waiver applications to be properly based on a
				  technical inability to comply with the pipeline safety standards set forth in
				  this chapter, related to the specific configuration, location, operating
				  limitations, or available technology for a particular pipeline. Generally, an
				  application for waiver of a pipeline safety rule is site-specific. Cost is
				  generally not a proper objection to compliance by the operator with the
				  pipeline safety standards set forth in this chapter, and a waiver filed simply
				  to avoid the expense of safety compliance is generally not appropriate. An
				  operator shall request a waiver prior to performing any activities that would
				  fall under the waiver.
(b) Filing.
				  Any person may apply for a waiver of a pipeline safety rule or regulation by
				  filing an application for waiver with the Division. Upon the filing of an
				  application for waiver of a pipeline safety rule, the Division shall assign a
				  docket number to the application and shall forward it to the director, and
				  thereafter all documents relating to that application shall include the
				  assigned docket number. An application for a waiver is not an acceptable
				  response to a notice of an alleged violation of a pipeline safety rule. The
				  Division shall not assign a docket number to or consider any application filed
				  in response to a notice of violation of a pipeline safety rule.
(c) Form. The application shall be
				  typewritten on paper not to exceed 8 1/2 inches by 11 inches and shall have
				  margins of at least one inch. The contents of the application shall appear on
				  one side of the paper and shall be double or one and one-half spaced, except
				  that footnotes and lengthy quotations may be single spaced. Exhibits attached
				  to an application shall be the same size as the application or folded to that
				  size.
(d) Content. The application
				  shall contain the following:
(1) the name,
				  business address, and telephone number, and facsimile transmission number and
				  electronic mail address, if available, of the applicant and of the applicant's
				  authorized representative, if any;
(2) a description of the particular operation
				  for which the waiver is sought;
(3)
				  a statement concerning the regulation from which the waiver is sought and the
				  reason for the exception;
(4) a
				  description of the facility at which the operation is conducted, including, if
				  necessary, design and operation specifications, monitoring and control devices,
				  maps, calculations, and test results;
(5) a description of the acreage and/or
				  address upon which the facility and/or operation that is the subject of the
				  waiver request is located. The description shall:
(A) include a plat drawing;
(B) identify the site sufficiently to permit
				  determination of property boundaries;
(C) identify environmental
				  surroundings;
(D) identify
				  placement of buildings and areas intended for human occupancy that could be
				  endangered by a failure or malfunction of the facility or operation;
(E) state the ownership of the real property
				  of the site; and
(F) state under
				  what legal authority the applicant, if not the owner of the real property, is
				  permitted occupancy;
(6)
				  an identification of any increased risks the particular operation would create
				  if the waiver were granted, and the additional safety measures that are
				  proposed to compensate for those risks;
(7) a statement of the reason the particular
				  operation, if the waiver were granted, would not be inconsistent with pipeline
				  safety.
(8) an original signature,
				  in ink, by the applicant or the applicant's authorized representative, if any;
				  and
(9) a list of the names,
				  addresses, and telephone numbers of all affected persons, as defined in §
											RSA 8.5 of
				  this title (relating to Definitions).