Regulatory Call to Action
Comment on the
Proposed LP Gas Safety Rules 
Deadline to Comment is Friday, June 3, 2022
On May 20, 2022, the Railroad Commission published proposed changes to the LP Gas Safety Rules in the Texas Register as required by state law. This requirement allows the public, TPGA included, to comment. TPGA has held several meetings on the proposed rules with Railroad Commission staff and we ask you to take the time to comment as well.
 
In the opinion of TPGA, there are both favorable, and some need revisions. Below are rules we feel need revisions. 
Licensing & Registration
1. OPPOSE the blanket requirement that license and registration applicants need a 24-hour emergency telephone number under §9.7.Applications for Licenses, Manufacturer Registrations, & Renewals.
 
Summary: The RRC currently requires a 24-hour emergency telephone number for all licensees engaging in LP-gas product activities on the license application and renewal form; however, it is adopting new unnecessary requirements for all license and registration types, e.g., phone number would need to be answered by a person who is knowledgeable of the hazards of LP-gas and who has comprehensive LP-gas emergency response and incident information, or has immediate access to a person who possesses such knowledge.
 
These additional emergency number requirements are required for shipping papers, bulk storage, racks, and transfer sites and do not apply to all license and registration types.
 
Call to Action: While the RRC recognizes this as an oversight, please request the RRC remove this from §9.7 as it is already outlined for those applicable in other Commission rules.
Proposed Technical Changes
2. SUPPORT electronic actuators under §9.126. Appurtenances and Equipment & §9.143. Piping & Valve Protection for Stationary LP-Gas Installations

Call to Action: Although the Railroad Commission has commented this is an oversight and plans to include this in the final rule, TPGA encourages that members comment and petition for the inclusion of electronic actuators.
 
3. SUPPORT engineered breakaways under §9.143. Piping and Valve Protection for Stationary LP-Gas Installations
 
Call to action: RRC failed to add this as previously discussed with the Commission. TPGA encourages members to comment and petition for the inclusion of an engineered breakaways/coupler option.
 
4. SUPPORT all cylinder cages as adequate protection under §9.140 System Protection Requirements. Summary: Under section (g), RRC will allow cylinder cages as sufficient protection for vertically stored cylinders but will require cylinders stored horizontally to be protected against vehicular damage. RRC does not adopt the cage as adequate protection for forklift cylinders because the NPGA Southwest Research Study did not include forklift cylinders in their testing and study. TPGA believes forklift cages should be included and is giving Railroad Commission a report from Bison Engineering on the low incident rates at the forklift cages. The Director of Alternative Fuel Safety was receptive to not requiring additional protection at forklift cages sites not frequented by the public.
 
Call to Action: Request RRC not to require additional crash protection at forklift cylinder storage not frequented by the public.
Proposed Training Related Changes
5. OPPOSE the elimination of CETP as continuing education for managers under §9.52 Training & Continuing Education
 
Summary: Under the proposed change, manager-level certifications will no longer be able to take PERC CETP for continuing education credit. The RRC is eliminating this option due to the rollout of the new 6.1 Regulatory Managers Continuing Education class that is designed to update managers on recent rule changes. 
 
Call to Action: TPGA believes this is a step backward and will continue to fight to keep this option and requests that members request the to keep CETP option for managers continuing education.
 
6. OPPOSE additional excessive requirements under §9.20 DOT Cylinder Filler Certificate Exemption & new §9.55 PERC Outside Instructor Training rule. Summary: The new rule will allow individuals seeking initial DOT cylinder filler certification to take the PERC Dispensing Propane Safely training and exam in place of the RRC initial course and exam. The rule creates excessive requirements for PERC outside instructors for those who do not take the course online. This would include any in-house company trainers. The proposal requires 1) a $300 registration fee for instructors, 2) a Train the Trainer course, 3) a Train the Trainer refresher course, 4) Trainer must be employed by a company that dispenses propane, no third-party instructors, 5) No exemption for those already registered as RRC outside instructors.
 
Call to Action: TPGA recommends the Commission not adopt §9.55 PERC Outside Instructor Training. The legislative is very clear that if individuals follow PERC guidelines, they get credit. PERC guidelines do not require certification and re-certification of instructors, nor does it require proctoring for the Dispensing Propane Safely exam.
 
If the Commission is unwilling to remove the PERC outside instructor requirements. In that case, TPGA encourages members to comment 1) that RRC allows third-party instructors and does not require trainers to work for a licensed company. 2) Request RRC exempt individuals already registered as an RRC outside instructor to be exempt from §9.55.
VIEW ALL THE PROPOSED RULES
By commenting, you will help ensure that the rules you must follow are fair and necessary.
Call to action: Again, the deadline to comment is Friday, June 3, 2022. This gives the public and the propane industry less than 30 days to comment from the date printed on the Texas Register. TPGA encourages commenters to request more time to comment on the rules and comment on those rules flagged above by TPGA.