(a) General requirements. In addition to NFPA 52 §7.3.1, and NFPA 55 §4.1, no CNG container shall be placed into CNG service or an installation operated or used in CNG service until the requirements of this section, as applicable, are met and the facility is in compliance with the rules in this chapter and all applicable statutes, in addition to any applicable requirements of the municipality or the county where an installation is or will be located.     
      (b) Installations with an aggregate storage capacity of 84,500 standard cubic feet or more. The storage capacity of each container is based on the container's operating pressure.      
        (1) For installations with an aggregate storage capacity of 84,500 standard cubic feet or more, the licensee shall submit the following information to AFS at least 30 days prior to construction:                  (A) CNG Form 1500;                   (B) CNG Form 1500A with all applicable documents;                   (C) a plat drawing from the appropriate appraisal district identifying:                      (i) the facility's property boundaries;                       (ii) the names of all real property owners within 500 feet; and                       (iii) a 500-foot radius measured from the proposed container location on the site;                     (D) a site plan of sufficient scale that identifies:                      (i) the location, types, and sizes of all CNG containers and compression and dispensing equipment already on site or proposed to be on site;                       (ii) the distances from the containers, compression equipment, dispensing equipment, and material handling equipment to property lines, buildings on the same property, any electric transmission lines, and railroads. If the area where the container and/or compression equipment will be installed is a leased area or utility easement, the site plan shall indicate the boundaries of the leased area or utility easement, regardless of the size of the property in which the lease or easement lies;                       (iii) any known potential hazards;                       (iv) the location of CNG dispensers and their distance from any proposed container (the nearest container if more than one), property lines, buildings on the same property, roadways, and railroad track centerlines;                       (v) the location of the nearest public sidewalk, highway, street, or road and its distance to containers and equipment;                       (vi) the location of all sources of ignition;                       (vii) the location of other types of aboveground fuel containers, the type of fuel stored, and the distance to CNG containers and dispensing equipment; and                       (viii) the location of other types of fuel dispensers, the type of fuel dispensed, and the distance to CNG containers and dispensing equipment;                     (E) a nonrefundable fee of $50 for the initial application, or a nonrefundable fee of $30 for a resubmission; and                   (F) if the facility is accessed by cargo tanks from a public highway under the jurisdiction of the Texas Department of Transportation, a statement or permit from the Texas Department of Transportation showing that the driveway is of proper design and construction to allow safe entry and egress of the CNG cargo tanks.         
        (2) Printed copies of site plans with a legend must be printed to the correct size for the legend or distance provided.       
        (3) Prior to the installation of any individual CNG container, AFS shall determine whether the proposed installation constitutes a danger to the public health, safety, and welfare. The Commission does not consider public health, safety, and welfare to include such factors as the value of property adjacent to the installation, the esthetics of the proposed installation, or similar considerations. The applicant shall provide additional information if requested by AFS. AFS may impose restrictions or conditions on the proposed CNG installation based on one or more of the following factors:                  (A) nature and density of the population or occupancy of structures within 500 feet of the proposed or existing container locations;                   (B) nature of use of property located within 500 feet of the CNG installation;                   (C) type of activities on the installation's premises;                   (D) potential sources of ignition that might affect a CNG leak;                   (E) existence of dangerous or combustible materials in the area that might be affected by an emergency situation; and                   (F) any known potential hazards or other factors material to the public health, safety, and welfare.         
        (4) AFS shall notify the applicant in writing outlining its findings.                  (A) When AFS notifies an applicant of an incomplete CNG Form 1500 or CNG Form 1500A, the applicant has 120 calendar days from the date of the notification letter to resubmit the corrected application or the application will expire. After 120 days, the applicant shall file a new application to reactivate AFS review of the proposed installation.                   (B) The applicant may request in writing an extension of the 120-day time period. The request shall be postmarked or physically delivered to AFS before the expiration date. AFS may extend the application period for up to an additional 90 days.         
        (5) If the application is administratively denied:                  (A) AFS shall specify the deficiencies in the written notice required in paragraph (3) of this subsection.                   (B) To proceed with the application, the applicant shall modify the submission and resubmit it for approval or request a hearing on the matter in accordance with Chapter 1 of this title (relating to Practice and Procedure). If the Commission finds after a public hearing that the proposed installation complies with the rules in this chapter and the statutes of the State of Texas, and does not constitute a danger to the public health, safety, and welfare, the Commission shall issue an interim approval order. The construction of the installation and the setting of the container shall not proceed until the applicant has received written notification of the interim approval order. Any interim approval order shall include a provision that such approval may be suspended or revoked if:                      (i) the applicant has introduced CNG into the system prior to final approval;                       (ii) a physical inspection of the installation indicates that it is not installed in compliance with the submitted plat drawing for the installation, the rules in this chapter, or the statutes of the State of Texas; or                       (iii) the installation constitutes a danger to the public health, safety, and welfare.           
        (6) The licensee shall not commence construction until notice of approval is received from AFS.                  (A) If the subject installation is not completed within one year from the date AFS has granted construction approval, the application will expire.                   (B) Prior to the date of expiration, the applicant may request in writing an extension of time of up to 90 days to complete the installation.                   (C) If the applicant fails to request an extension of time within the time period prescribed in this paragraph, the applicant shall submit a new application before the installation can be completed.         
        (7) The applicant shall submit to AFS written notice of completed construction and the Commission shall complete the field inspection as specified in subsection (d) of this section. After the Commission has completed the inspection, the operator, pending the inspection findings, may commence CNG activities at the facility.       
        (8) A licensee shall not be required to submit CNG Form 1500, CNG Form 1500A, or a site plan prior to the installation of dispensers, equipment, piping, or when maintenance and improvements are being made at an existing CNG installation.       
        (9) If a licensee is replacing a container with a container of the same or less overall diameter and length or height, and is installing the replacement container in the identical location of the existing container, the licensee shall file CNG Form 1500.       
        (10) AFS may request CNG Form 1008, a Manufacturer's Data Report, or any other documentation or information pertinent to the installation in order to determine compliance with the rules in this chapter.       
        (11) For an installation that is a licensee outlet, the licensee shall submit CNG Form 1001A within 30 days of installation, in accordance with §13.61(j) of this title (relating to License Categories, Container Manufacturer Registration, Fees, and Application for Licenses, Manufacturer Registrations, and Renewals).       
      (c) Commercial installations with an aggregate storage capacity of less than 84,500 standard cubic feet. The storage capacity of each container is based on the container's operating pressure.      
        (1) Within 30 calendar days following the completion of a commercial container installation, the licensee shall submit CNG Form 1501 to AFS stating:                  (A) the installation fully complies with the statutes and the rules in this chapter;                   (B) all necessary Commission licenses, certificates, and permits have been issued; and                   (C) the date the installation has been placed into CNG service.         
        (2) The licensee shall pay a nonrefundable fee of $10 for each container, cascade, and compressor listed on the form. One fee is required for each cascade regardless of the number of cylinders in the cascade.                  (A) AFS shall review the submitted information and shall notify the applicant in writing of any deficiencies.                   (B) A nonrefundable fee of $20 shall be required for any resubmission.         
        (3) CNG activities may commence prior to the submission of CNG Form 1501 if the facility is in compliance with the rules in this chapter.       
      (d) Physical inspection of stationary installations.      
        (1) Aggregate storage capacity of 84,500 standard cubic feet or more. The applicant shall notify AFS in writing when the installation is ready for inspection.                  (A) If any non-compliance items are cited at the time of AFS' initial inspection, the installation shall not be placed into CNG service until the non-compliance items are corrected, as determined at the time of inspection, depending on the nature of the non-compliance items cited.                   (B) If AFS does not physically inspect the facility within 30 calendar days of receipt of notice that the facility is ready for inspection, the facility may operate conditionally until the initial inspection is completed.         
        (2) Aggregate storage capacity of less than 84,500 standard cubic feet. After receipt of CNG Form 1501, AFS shall conduct an inspection as soon as possible to verify the installation described complies with the rules in this chapter. The facility may be operated prior to inspection if the facility fully complies with the rules in this chapter. If the initial inspection at a commercial installation results in the citation of non-compliance items, AFS may require that the subject container, including any piping, appliances, appurtenances, or equipment connected to it be immediately removed from CNG service until the applicant corrects the non-compliance items.       
        (3) Material variances. If AFS determines the completed installation varies materially from the application originally accepted, correction of the variance and notification to AFS or resubmittal of the application is required. AFS' review of such resubmitted application shall comply with subsection (b)(3) of this section.       
        (4) In the event an applicant has requested an inspection and AFS' inspection identifies non-compliance items requiring modifications by the applicant, AFS may assess an inspection fee to cover the costs associated with any additional inspection, including mileage and per diem rates set by the legislature.       
     Source Note:        The provisions of this §13.25 adopted to be effective November 15, 1990, 15 TexReg 5936; amended to be effective October 15, 1993, 18 TexReg 6456; amended to be effective August 30, 1999, 24 TexReg 6733; amended to be effective October 22, 2001, 26 TexReg 8342; amended to be effective June 5, 2006, 31 TexReg 4604; amended to be effective December 24, 2012, 37 TexReg 9917; amended to be effective February 15, 2021, 46 TexReg 1035; amended to be effective February 7, 2023, 48 TexReg 507