Section 8.115 - New Construction Commencement Report(a) An operator shall notify the Commission before the construction of pipelines and other facilities as follows. (1) For construction of a new, relocated, or replacement pipeline 10 miles in length or longer including liquified petroleum gas distribution systems, natural gas distribution systems, and master meter systems 10 miles in length or longer, an operator shall notify the Commission not later than 60 days before construction.(2) Except as provided in paragraphs (4) and (5) of this subsection, for construction of a new, relocated, or replacement pipeline at least one mile in length but less than 10 miles, an operator shall notify the Commission not later than 30 days before construction.(3) For installation of any permanent breakout tank, an operator shall notify the Commission not later than 30 days before installation. For installation of mobile, temporary, or prefabricated breakout tanks, an operator shall notify the Commission upon placing the mobile, temporary, or prefabricated breakout tank in service.(4) For relocated or replacement construction on liquified petroleum gas distribution systems, natural gas distribution systems, or master meter systems less than three miles in length, no construction notification is required. For relocated or replacement construction on liquified petroleum gas distribution systems, natural gas distribution systems, or master meter systems at least three miles in length but less than 10 miles in length, an operator shall either: (A) notify the Commission not later than 30 days before construction by filing a Form PS-48 for every relocated or replacement construction; or(B) provide to the Commission a monthly report that reflects all known projects planned to be completed in the following 12 months, all projects that are currently in construction, and all projects completed since the prior monthly report. The report should provide the status of each project, the city and county of each project, a description of each project, and the estimated starting and ending date.(5) For the construction of a new liquefied petroleum gas distribution system, natural gas distribution system, or master meter system less than 10 miles in length in a new subdivision or that results in a new distribution system ID, an operator shall either: (A) notify the Commission not later than 30 days before construction by filing a Form PS-48 for every initial construction; or(B) provide to the Commission a monthly report that reflects all known projects planned to be completed in the following 12 months, all projects that are currently in construction, and all projects completed since the prior monthly report. The report should provide the status of each project, the city and county of each project, a description of each project, and the estimated starting and ending date.(6) For construction of a sour gas pipeline and/or pipeline facilities, as defined in § RSA 3.106 of this title (relating to Sour Gas Pipeline Facility Construction Permit), an operator shall notify the Commission not later than 30 days before construction by filing Form PS-48 and Form PS-79.(7) Pipelines subject to § 8.110 of this title (relating to Gathering Pipelines) are exempt from the construction notification requirement.(b) Any of the notifications required by subsection (a) of this section, unless an operator elects to use the alternative notification allowed by subsection (a)(4) of this section, shall be made by filing with the Commission Form PS-48 stating the proposed originating and terminating points for the pipeline, counties to be traversed, size and type of pipe to be used, type of service, design pressure, and length of the proposed line. If a notification is not feasible because of an emergency, an operator must notify the Commission as soon as practicable. A Form PS-48 that has been filed with the Commission shall expire if construction is not commenced within eight months of date the report is filed. An operator may submit one extension, which will keep the report active for an additional six months. After one extension, Form PS-48 will expire.16 Tex. Admin. Code § 8.115
The provisions of this §8.115 adopted to be effective November 24, 2004, 29 TexReg 10733; amended to be effective February 4, 2009, 34 TexReg 582; Amended by Texas Register, Volume 45, Number 01, January 3, 2020, TexReg 125, eff. 1/6/2020