Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 3 - OIL AND GAS DIVISION › Section 3.106 - Sour Gas Pipeline Facility Construction Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. The following words and
				terms when used in this section shall have the following meanings, unless the
				context clearly indicates otherwise.
(1)
				Affected person--The owner or occupant of real property located in the area of
				influence of the proposed route of a sour gas pipeline facility. If the final
				proposed route of the pipeline is unknown at the time of application, then an
				affected person is any person who owns or occupies real property located within
				the area of influence associated with any possible pipeline route identified by
				the applicant. For purposes of this definition, the owner shall be the owner of
				record as of the final day to protest an application. The occupant shall be the
				occupant as of the final day to protest an application.
(2) Applicant--A person who has filed an
				application for a permit to construct a sour gas pipeline facility, or a
				representative of that person.
(3)
				Application--Application for a Permit to Construct a Sour Gas Pipeline
				Facility, and all required attachments.
(4) Area of influence--Area along a sour gas
				pipeline facility represented by all possible areas of exposure using the 100
				ppm radius.
(5) Construction of a
				facility--Any activity conducted during the initial construction of a pipeline
				including the removal of earth, vegetation, or obstructions along the proposed
				pipeline right-of-way. The term does not include:
(A) surveying or acquiring the
				right-of-way;
(B) clearing the
				right-of-way with the consent of the owner;
(C) repairing or maintaining an existing sour
				gas pipeline facility; or
(D)
				installing valves or meters or other devices or fabrications on an existing
				pipeline if such devices or fabrication do not result in an increase in the
				area of influence.
(6)
				Extension of a sour gas pipeline facility--An addition to an operating sour gas
				pipeline facility regardless of ownership of the addition.
(7) Nominal pipe size--The industry
				convention for naming pipe. Six inch nominal size pipe corresponds to pipe with
				an approximate inner diameter of six inches. The actual inner diameter varies
				based on the wall thickness of the pipe.
(8) Person--An individual, partnership, firm,
				corporation, joint venture, trust, association, or any other business entity, a
				state agency or institution, county, municipality, school district, or other
				governmental subdivision.
(9)
				Preliminary contingency plan--A contingency plan containing all of the elements
				required for a contingency plan under §
										RSA
				3.36 of this title (relating to oil, gas, or
				geothermal resource operation in hydrogen sulfide areas), except that:
(A) the plan need not contain the list of
				names and telephone numbers of residents within the area of influence if
				required under §3.36(c)(9)(I) of this section. In lieu of this list of
				names and telephone numbers, the plan shall contain a detailed explanation of
				the manner in which the names and telephone numbers of residents within the
				area of influence will be compiled prior to commencement of
				operations;
(B) the plat detailing
				the area of influence may be:
(i) the
				detailed plat required under §3.36(c)(9)(H);
(ii) a plat containing the information
				required under §3.36(c)(9)(H), that identifies residential, business, and
				industrial areas with an estimate of the number of people that may be within
				any such areas; or
(iii) one or
				more aerial photographs covering the area and providing the information
				required under §3.36(c)(9)(H); and
(C) a fixed pipeline route need not be
				specified in the preliminary plan provided the preliminary plan identifies the
				boundaries of the area within which the pipeline will be constructed and
				provided that all public notices of the application required under this section
				note such boundaries and identify the potential area of influence as the total
				area encompassed by the area of influence associated with all possible pipeline
				routes.
(10) Sour gas
				pipeline facility--A pipeline and ancillary equipment that:
(A) contains a concentration of 100 parts per
				million or more of hydrogen sulfide;
(B) is located outside the tract of
				production; and
(C) is subject to
				the requirements of §
											RSA
				3.36 of this title.
(11) Tract of production--The surface area
				which overlies the area encompassed by a mineral lease or unit from which oil,
				gas, or other minerals are produced if such area is treated by the Oil and Gas
				Division of the commission as a single tract.
(12) 100 ppm radius--The 100 parts per
				million radius of exposure as calculated in §3.36(c)(1) - (3) of this
				title (relating to oil, gas, or geothermal resource operation in hydrogen
				sulfide areas) for the sour gas pipeline facility.