TPGA Monday Morning Messenger August 14 2023

August 14, 2023

In Brief

Welcome back to our weekly Monday Morning Messenger, where we bring you the latest updates and news from the Texas propane industry.

In our first story of the morning, TPGA informs members of the federal regulatory program on pause. Read more about the fate of the U.S. Department of Homeland Security Chemical Facility Anti-Terrorism Standards (CFATS) Program below.

Also, TPGA has received a handful of requests in the last 2 weeks for fire safety analysis. This is an item Railroad Commission inspectors are looking for. Read more about FSA and get the template in our second story of the morning.

It's been over a year and a half since the Entry Level Driver Training has gone into effect, and efforts are underway by a small faction of Congressmen to get the requirement repealed. Learn more in our third story of the morning.

Lastly, do not miss out on one of the Propane Council of Texas' most in-demand consumer education items.

The deadline to order propane consumer safety tip wall calendars is today.

Check out our Quick Links for more information about propane appliance rebates in Texas as well as a link to place orders for compliance items through our TPGA store, Propane Service Corporation.

In this issue

In Brief
DHS CFATS Update
Fire Safety Analysis
Entry Level Driving Training (ELDT)
Propane Calendars
Quick Links

Calendar

August 14, 2023

Propane Safety Tip Calendar Orders Due

August 22, 2023

August 23, 2023

August 25, 2023

Deadline to order Propane Day Swag

September 1, 2023

Texas Duty to Warn Safety Mailing Program Opens

MORE DATES

Affinity Partners

Lone Star Energy Group Workers Comp Insurance

Basys Credit Card Processing

NoCell Technologies

DHS CFATS Program Expired

No Enforcement at This Time

Last month, congressional authorization for the Chemical Facility Antiterrorism Standards (CFATS) program EXPIRED. The CFATS program under the U.S. Department of Homeland Security (DHS) the program identifies and regulates facilities to ensure security measures are in place to reduce the risk that certain chemicals, including propane, are not weaponized by terrorists.

While the National Propane Gas Association (NPGA) anticipates CFATS will be reauthorized in the future, the program is currently suspended. CISA, under the U.S. Department of Homeland Security, which administers CFATS, provided the following guidance for their stakeholders: CISA cannot enforce compliance with the CFATS regulations at this time. This means that CISA will not require facilities to report their chemicals of interest or submit any information in CSAT, perform inspections, or provide CFATS compliance assistance, amongst other activities. CISA can no longer require facilities to implement their CFATS Site Security Plan or CFATS Alternative Security Program.

CISA encourages facilities to maintain security measures. CISA’s voluntary ChemLock resources are available on the ChemLock webpages.

NPGA will ensure that the membership is aware when the program is re-authorized and as regulatory developments within the program change.

Don't Get Caught Without

a Fire Safety Analysis!

As of September 1, 2022, the Railroad Commission (RRC) requires a Fire Safety Analysis (FSA) for new and existing installations with an aggregate water capacity of 10,000 gallons or above.

This is something RRC LPG inspectors are currently looking for.

NFPA 58 Section 6.29.3.5 outlines that the fire safety analysis is an evaluation of the total product control system, such as the emergency shutoff and internal valves equipped for remote closure and automatic shutoff using thermal (fire) actuation, pull-away protection where installed, as well as other the optional requirements that can be found in Section 6.30 of NFPA 58.

Propane companies can create their own fire safety analysis that meets the above NFPA 58 requirements, or the RRC has developed and released an optional FSA template that propane retailers can complete to comply with the new requirement. The template was created at the request of the Texas Propane Gas Association.

DOWNLOAD THE FIRE SAFETY ANALYSIS TEMPLATE

Page 6 of the FSA requests an Emergency Response Plan. TPGA has created a sample one, in case you do not have one that you can insert into the FSA.

DOWNLOAD EMERGENCY RESPONSE PLAN

The fire safety analysis shall be submitted by the owner, operator, or their designee to the authority having jurisdiction, upon request, and to local emergency responders.

Legislation Filed to Repeal

Entry-Level Driving Training

Legislators at the federal level are pushing for a new law aimed at compelling the Federal Motor Carrier Safety Administration (FMCSA) to repeal Entry-Level Driver Training (ELDT) requirements.

Congressman Bob Good recently reintroduced the "Trucking Workforce Improvement Act" bill within the past month. Should it be passed, this legislation would reverse the regulations set forth by the FMCSA concerning Entry-Level Driver Training (ELDT).

The ELDT requirements that went into effect in February of 2022 require all drivers getting a CDL for the first time or upgrading their CDL must meet the new FMCSA Entry Level Driver Training (ELDT) requirements. Each state driver's license authority must electronically verify that an applicant completed the required ELDT training and certification process before administering a CDL skills test.

The federal legislation presently has 14 cosponsors, including four Congressmen from Texas, which includes Congressmen Randy Weber, Chip Roy, Michael Cloud, and Ronny Jackson.

TPGA will keep members updated if the bill picks up any momentum.

Propane Wall Calendar

Extended Order Deadline is Today

Over 110 propane company branches order the propane safety tip wall calendar from the Propane Council of Texas (ProCOT) each year.

Is your company one of them?

Every home needs a calendar. Not only help your customers track the important dates in their lives, from grandma's birthday to doctor's appointments to teacher in-service no school days but also provide year-round propane safety to your propane customers.