Texas Register, Volume 9, Number 34, Pages 2511-2580, May 8, 1984 Page: 2,558
2511-2580 p. ; 28 cm.View a full description of this periodical.
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Texas
Registernaty Development Program (TCDP). The amendments
renumber the rule, clarify the source of federal author-
ity, and establish additional assurances required by
statute with which TCDP applicants and recipients
must comply.
No comments were received regarding adoption of the
amendments.
The amendments are adopted under Texas Civil Stat-
utes, Article 4413(32g), 6, which provide the Texas
Department of Community Affairs with the authority
to establish variations from the UGCMS through rule
making, if such variations are required or specifically
authorized by federal statute or regulation or state
statute.
This agency hereby certifies that the rule as adopted
has been reviewed by legal counsel and found to be
a valid exercise of the agency's legal authority.
Issued an Austin, Texas, on May 1, 1984TRD-844848
Douglas C Brown
General Counsel
Texas Department of Community
AffairsEffective date: May 22, 1984
Proposal publication date March 30, 1984
For further information, please call (512) 443-4100,
ext.210.TITLE 16. ECONOMIC
REGULATION
Part I. Railroad Commission of
Texas
Chapter 9. Liquefied Petroleum Gas
Division
Subchapter E. Division III
16 TAC 9.121, 9.123, 9.125
The Railroad Commission of Texas adopts amend-
ments to 9 123 and 9 125, with changes to the
proposed text published in the November 4, 1983, is-
sue of the Texas Register (8 TexReg 4538). Section9 121 is adopted without changes and will not be re-
published in this issue.
As amended, 9.121 requires material handling equip-
ment to be located a minimum of 50 feet from any
highway or railroad right-of-way. This buffer zone of
50 feet between liquefied petroleum gas that might
escape during fuel transfers and potential sources of
ignition traveling on contiguous highways or railroad
tracks should increase safety by providing time and
distance for the gas to dissipate before reaching a
source of Ignition.
As an alternative to fencing a bulk storage facility to
protect it from mechanical damage, 9.123 is
amended to allow guard rails and posts to be used.
Where a bulk storage area is protected by guard rails,
valve locks must be used to prevent unauthorized tam-
pering. Amendments to 9.123 are intended to reduce
the risk of a person being trapped inside a fenced en-
closure in the event of a fire, and to provide greater
accessibility to emergency response personnel.
A public hearing was conducted on January 17, 1984,
to receive comments on the proposed rule changes.
Both oral and written comments were submitted.
One person recommended that material handling
equipment be excluded from the distance require-
ments of 9 121 The commenter pointed out that
modification of an existing bulk storage facility which
complies with all distance requirements will require
the installation of bulkheads and emergency shutoff
valves (i e., material handling eq,'prnent) under new
9.135. In some instances, it will be impossible to ob-
tain the required 50 feet from highway and railroad
rights-of-way. The commenter argued that reduced
distances should be justified if bulkheads and emer-
gency shutoff valves increase safety
The commission disagrees that reduced distances are
justified. The most likely place for gas to escape is at
the point of transfer. Although bulkheads and emer-
gency shutoff valves will stop the flow of gas in the
event of a break in the transfer connection, some gas
will escape. If the fuel transfer area is close to a pos-
sible source of ignition, a fire and explosion could
occur. The commission declines to change 9.121;
however, 9.135 is changed to eliminate requiring the
installation of bulkheads and emergency shutoff
valves whenever an existing bulk storage facility is
modified.
The same commenter recommended that 9.123(b)
be changed to specify "industrial type" instead of
"chain link type" fence. The commenter indicated that
chain link fence is more expensive. The commission
disagrees. Section 9.123 previously specified the wire
gauge required for such fencing. This specification is
now deleted, allowing a choice among several wire
gauges available in chain link fence. The commission
further believes that "chain link" is more specific than
"industrial type" and should prevent confusion. One
change was made to clarify the intent of 9.123(b)
by replacing a comma with the word "and."9 TexReg 2558
May 8, 1984
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Texas. Secretary of State. Texas Register, Volume 9, Number 34, Pages 2511-2580, May 8, 1984, periodical, May 8, 1984; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243587/m1/48/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.