SECTION 380:80-1-5. Filings required for stationary CNG installations  


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  • (a)   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)   The licensee shall submit the following to the Department of Labor at least 30 days prior to construction:
    (1)   Form AF-1;
    (2)   a plat drawing from the appropriate appraisal district identifying the facility's property boundaries;
    (3)   a site plan of sufficient scale that identifies:
    (A)   the location, types, and sizes of all containers already on site or proposed to be on site;
    (B)   the distances from the containers and material handling equipment to the property lines, buildings, and railroad, pipeline, or roadway rights-of-way; and
    (C)   any known potential hazards.
    (4)   the Alternative Fuels Installation Certification Fee.
    (c)   The Department of Labor shall notify the applicant in writing outlining its findings. If the application is administratively denied, the applicant may modify the submission and resubmit it or may request a hearing in accordance with Administrative Procedures Act.
    (d)   If the Department of Labor finds after a public hearing that the proposed installation complies with the rules in this chapter and the statutes of the State of Oklahoma, and does not constitute a danger to the public health, safety, and welfare, the Department of Labor 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:
    (1)   the applicant has introduced CNG into the system prior to final approval; or
    (2)   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 Oklahoma; or
    (3)   the installation constitutes a danger to the public health, safety, and welfare.
    (e)   If a CNG stationary installation, equipment, or appurtenances not specifically covered by the rules in this chapter has been or will be installed, the Department of Labor shall apply and require any reasonable safety provisions to ensure the CNG installation is safe for CNG service. If the affected entity disagrees with the Department of Labor's determination, the entity may request a hearing. The installation shall not be placed in CNG operation until the Department of Labor has determined the installation is safe for CNG service.
    (f)   The Department of Labor shall review all applications within 21 business days of receipt of all required information and shall notify the applicant in writing of any deficiencies or whether the installation has been approved.
    (g)   Applications shall expire and be renewed as follows:
    (1)   When the Department of Labor notifies an applicant of an incomplete CNG Form AF-1, 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, a new application shall be filed should the applicant wish to reactivate Department of Labor review of the proposed installation.
    (2)   If the applicant requests an extension of the 120-day time period in writing, postmarked or physically delivered to the Department of Labor before the expiration date, the application may be renewed for up to 90 days as determined by the Department of Labor.
    (3)   If the subject installation is not commenced, with permits pulled, within one year from the date of the Department of Labor's completed review, the applicant shall resubmit the application for the Department of Labor's review.
    (h)   The applicant shall notify the Department of Labor in writing when the installation is ready for inspection. If the Department of Labor does not physically inspect the facility within 30 calendar days of receipt of notice that the facility is ready for inspection, the applicant may operate the facility conditionally until the initial complete inspection is made. If any safety rule violations exist at the time of the initial inspection, the applicant may be required to cease CNG operation until the applicant corrects the violations.
    (i)   If the Department of Labor determines the completed installation varies materially from the application originally accepted, the applicant shall correct the variance and notify the Department of Labor of the correction of the variance or resubmit the application. The Department of Labor's review of such resubmitted application shall comply with the procedure described in this section.
    (j)   Pressure vessels shall be subject to inspections pursuant to OAC 380:25-3.
[Source: Added at 32 Ok Reg 735, eff 6-30-15 (emergency); Added at 33 Ok Reg 1735, eff 9-15-16]