During the last Texas Legislative Session in 2023, TPGA successfully defeated the following bills:

• SB 1529 (Miles, Borris): LPG installation notice within 500 feet
• SB 1922 (Miles, Borris): LP Gas installation notification within 1 mile
• SB 1530 (Miles, Borris): Blast radius for storage tanks
• SB 1531 (Miles, Borris): Objections to LP-Gas installations
• HB 3982 (Allen, Alma): Requirements for propane bulk terminals
• HB 4592 (Guerra, Bobby): New requirements for LPG community systems

Senator Borris Miles is back at it again this legislative session. The senator has filed only one bill so far. On the first day of the 89th Texas Legislative Session pre-filing, the Senator from Houston filed TX SB 290.

TX SB 290 requires applicants to notify nearby property owners within 500 feet of new or modified stationary LP-gas installations with an aggregate water capacity of 10,000 gallons or more.

The Railroad Commission of Texas (RRC) already requires public notification for new installations of this size by rule, but unlike SB 290, the RRC rule defines “modification.” Under current Railroad Commission LP Gas Safety Rule 9.102(b), re-notification is only necessary if storage capacity is “more than” doubled, for example, by increasing from 30,000 to 90,000 gallons.

Since February 2022, the National Propane Gas Association's (NPGA) ACE Services have helped thousands meet the Federal Motor Carrier Safety Administration's (FMCSA) Entry Level Driver Training (ELDT) requirement for CDL and HAZMAT drivers.

Join BPN and NPGA for a FREE webinar to explore how ACE Services can help you get drivers on the road in a cost-effective and timely manner.

In this webinar, you’ll learn more about what ACE Services is, what it offers, and how to sign up.

Propane retailers should remain vigilant regarding OSHA’s enforcement of the Process Safety Management (PSM) standard, which applies to facilities handling over 10,000 lbs of hazardous materials. While retail facilities were traditionally exempt under the "50% standard," recent developments have created uncertainty. Over the course of 2024, NPGA and its members have been actively working with the U.S. Department of Labor (DOL) to clarify and amend guidance on this pressing safety issue.  

- Background: OSHA’s PSM standard initially exempted retail facilities if over 50% of sales were to end users. In 2015, OSHA revised this definition through an interpretation without formal notice-and-comment rulemaking, which the DC Circuit Court later deemed invalid. OSHA’s current guidance (2018) emphasizes whether a “large release is unlikely” rather than relying on the 50% sales threshold, causing confusion.  

- Current Situation: Pending the outcome of ongoing discussions, the official Code of Federal Regulations still reflects the original exemption, but OSHA’s enforcement guidance appears to conflict with the court’s opinion.  

Recommendations for Retail Propane Facilities  

- Stay Informed: NPGA is advocating for clarity and working to secure fair enforcement discretion.  Watch for updates from NPGA and TPGA.

- Challenge Citations: NPGA encourages members to contest any citation or enforcement action by OSHA or state OSHA inspectors. The agency may be acting without proper authority based on guidance that courts have questioned.  

- Contact TPGA: Notify the Texas Propane Gas Association (TPGA) of any violations or enforcement actions. TPGA and NPGA are collaborating to help propane retailers navigate these challenges.  

Again, for more updates on this issue and how it may impact propane retailers, stay tuned to NPGA and TPGA communications.  

The U.S. Department of Transportation (DOT) reminds TPGA members about the increased risk of bobtail and cargo tank rollovers as the delivery season ramps up.

According to the Propane Education & Research Council (PERC), propane bobtail rollovers can take only seconds to occur. These incidents may happen on any road, in any weather, and at any speed.

Recent headlines such as “Propane Truck Rollover Causes Small Evacuation,” “Propane Tanker Rollover Closes Intersection,” and “Troopers Investigate a Propane Truck Rollover” highlight the importance of vigilance.

To address this risk, PERC offers a 24-minute training video for bobtail drivers titled Preventing Bobtail Rollovers.

The course covers:

• Physical characteristics and load factors
• Road and weather conditions
• Driver distractions and complacency
• How will you react?

Visit https://www.training.propane.com and search for Preventing Bobtail Rollovers to watch the training video online and access free resources, including the accompanying book.

The Federal Motor Carrier Safety Administration (FMCSA), in association with the Pipeline and Hazardous Materials Safety Administration (PHMSA) and industry partners, created this tool as a training aid for commercial drivers of cargo tank motor vehicles (e.g., transports) transporting hazardous materials.  

This training video covers the four approaches to reducing cargo tank truck rollovers:

• Vehicle design and performance
• Load effects
• Highway factors
• Driver factors

Over 78% of rollovers involve driver error. Drivers are the key component for preventing rollovers. The preview above highlights what you’ll see in the full 17-minute video.

So why do rollovers happen, and what can you do to prevent them? This Cargo Tank Truck Rollover Prevention video answers those questions and more.

• You’ll see how rollovers happen, why they happen, and what you can do to avoid them.
• You’ll hear how vehicle design and loads affect rollover potential.
• You’ll learn the warning signs of unsafe behaviors and conditions contributing to rollovers.
• And you’ll watch survivors of rollovers tell their stories.

This video will show you how to:

• Avoid sudden movements that may lead to rollovers
• Control your load in turns and on straight roadways
• Identify high-risk areas on roads
• Remain alert and attentive behind the wheel
• Control speed and maintain proper “speed cushions”



These 17 minutes can save your life—and the lives of others!

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