Texas Railroad Commission OKs new weatherization rules for oil and gas producers

Oil and natural gas infrastructure deemed critical by the state will now have to weatherize under new standards approved Tuesday by the Texas Railroad Commission over objections from critics who say the rules are too lax.

The regulations were approved unanimously by the three-member panel more than a year and a half after the deadly February 2021 grid disaster when prolonged blackouts during a winter storm contributed to hundreds of deaths and billions of dollars in property damage.

Texas lawmakers directed the Railroad Commission, which oversees the state’s oil and gas industry, to draft regulations to make oil and natural gas infrastructure better prepared for potential future extreme weather.

But some advocates and watchdog groups say that the regulations in question lack strong enforcement mechanisms to ensure compliance, employ overly narrow reporting requirements and include loopholes that could allow companies to classify stoppages as nonweather-related, even if they occur during a weather emergency.

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A group of 30 lawmakers sent a letter to the commission this month, expressing concern that the proposed regulations do not go far enough to prevent a future grid disaster.

Commissioner Jim Wright said Tuesday that he was aware of the criticism of the proposal, but he said that feedback does not consider the reality that “it is impossible to write rules or legislation to remove all risk or mandate normal operations.”

“To envision every conceivable weather event and how it might impact the various parts of our system is not feasible,” he said. “What we can do is ask those entities to look at their operations, identify potential vulnerabilities and have plans and procedures to fortify their operations to avoid or minimize disruptions.”

The rules apply only to natural gas facilities designated as critical by the commission, and require that the owners of these facilities take steps by Dec. 1 to ensure that they are able to operate during major weather events.

The commission is refusing to make its supply chain map designating critical infrastructure public, citing security concerns, but it said operators required to weatherize will be notified directly by the commission.

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Specifics on what weatherization measures are required vary based on the facility, and the rules include a table with facility-specific factors drafted with the guidance of the state climatologist’s office — a requirement of Senate Bill 3, the law approved by the Legislature mandating the creation of these regulations.

Critical facilities will be expected to conduct self-assessments, inspections and tests of critical equipment, and to provide training on weather emergency preparations to necessary personnel. Oil and gas companies could face fines of up to $1 million for violations, according to the railroad commission.

Democratic candidate Luke Warford, who is challenging Commissioner Wayne Christian, addressed the agency on Tuesday and said the proposed regulations do not go far enough to hold oil and gas facilities accountable.

“It’s been 18 months, and instead of taking decisive action to address the problems that exist, we have a rule that is beyond inadequate,” he said in his remarks.

Editor's note: This story has been revised to clarify that iil and gas companies could face fines of up to $1 million for violations of the weatherization policies.

This article originally appeared on Austin American-Statesman: Texas Railroad Commission approves weatherization rules for gas companies

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