Arkansas Administrative Code › Agency 126 - PUBLIC SERVICE COMMISSION › Division 04 - Legal › Rule 126.04.22-001 - Arkansas Gas Pipeline Code for Design, Construction, Operation Inspection and Maintenance of Natural Gas Systems

Current through Register Vol. 49, No. 6, June, 2024
PREFACE
ARKANSAS GAS PIPELINE CODE
On August 12, 1968, the United States Congress passed
				Public Law
				90-481, better known as the Natural Gas Pipeline
				Safety Act of 1968. This Act authorizes the Secretary of Transportation to
				administer this law, and to develop standards and regulate the enforcement of
				such standards for the design, installation, inspection, testing, construction,
				extension, operation, replacement and maintenance of pipeline facilities.
				Enacted on July 5, 1994, Public Law 103-272 revised,
				codified, and enacted the provisions of the Act without substantive change as
				Chapter 601 of Title 49, United States Code. Title
				49 U.S.C.
				60105 authorizes a state to regulate these
				minimum standards under a certification to the Secretary of Transportation that
				provides certain provisions are met by the state.
On March 15, 1971, the Arkansas General Assembly enacted Act
				285 of 1971, the Arkansas Natural Gas Pipeline Safety Act of 1971, codified as
				Ark. Code Ann. §
								23-15-201
et seq
.
				Act 285 authorized the Arkansas Public Service Commission to administer a state
				program pertaining to the design, installation, inspection, testing,
				construction, extension, operation, replacement, and maintenance of pipeline
				facilities used to transport natural gas. The Pipeline Safety Office was
				established and tasked with the responsibility of developing and implementing
				this program. Act 285 is far-reaching and affects directly or indirectly
				persons who distribute or use natural gas.
As long as natural gas flows through a closed controlled
				system, it remains an efficient, inexpensive and safe servant. However, when it
				escapes from its pipes, gas can turn on man violently and quickly. In passing
				the Arkansas Natural Gas Pipeline Safety Act of 1971, the Arkansas General
				Assembly intended to provide laws and standards which assured that these
				systems would continue to be operated in a safe manner and thereby reduce the
				possibility of gas escaping from its closed system. The objective of the
				pipeline safety program within Arkansas is to keep the gas confined to a
				closed, controlled system. This is best accomplished by requiring gas
				companies, operators of gas systems, and all persons who install natural gas
				pipelines to install and maintain them using only authorized materials and
				procedures and to comply with standards designed to ensure continuing quality
				of operation and maintenance.
The procedures and standards adopted by the Arkansas Public
				Service Commission, as authorized by Act 285, are known as the Arkansas Gas
				Pipeline Code. Compliance with the Code is mandatory under state law and
				non-compliance by any person engaging in the transportation of gas or who owns
				or operates pipeline facilities is punishable by a civil penalty not to exceed
				$200,000 per violation for each day the violation continues, except that the
				maximum civil penalty may not exceed $2,000,000 for any related series of
				violations. The law also provides authority for the Commission to file suit to
				restrain violations of the Code, including the restraint of transportation of
				gas or the operation of a pipeline facility.
The Arkansas Gas Pipeline Code is comprised of Parts 190,
				Enforcement Procedures; 191, Annual and Incident Reports; 192, Minimum Safety
				Standards; 193, Liquefied Natural Gas Facilities; and 199, Drug and Alcohol
				Testing. The paragraphs in Parts 191, 192, 193, and 199 correspond to the
				paragraph numbers of Parts 191, 192, 193, and 199 of Title 49, Code of Federal
				Regulations, Pipeline Safety Regulations.
ADMINISTRATIVE
				HISTORY
of the
ARKANSAS GAS PIPELINE CODE
Docket
Effective Date
Order No.
Subject Matter of Docket/Order
U-2424(72-024-U)
01/02/73
--
Adoption of Arkansas Gas Pipeline Code.
U-2683(75-082-U)
01/30/76
--
General Revisions to Code.
U-2794(76-109-U)
02/24/77
--
General Revisions to Code.
U-2908(77-008-U)
02/03/78
--
General Revisions to Code.
U-2999(78-055-U)
02/15/79
--
General revision to Code with emphasis on corrosion
						  requirements.
U-3083(80-007-U)
03/18/80
2
Adds requirements for qualifying persons and procedures
						  for the joining of plastic pipe.
81-040-U
03/11/81
3
Amends requirements concerning plastic pipe joining and
						  external corrosion control monitoring.
82-059-R
04/16/82
6
Adds Part 190 - Pipeline Safety Enforcement Procedures,
						  and updates industry standards publications.
83-015-R
03/07/83
2
Adds requirements for a Damage Prevention Program, and
						  provides flexibility in scheduling inspections and tests.
84-034-R
07/06/84
4
General Code revisions.
85-086-R
08/21/85
3
Revised Part 191 - Transportation of Natural and Other
						  Gas by Pipeline: Annual Reports and Incident Reports. Also revised the Code
						  format. Complete republication by Order No. 4.
86-169-R
12/15/86
3
Revised definition of operator. Amends provision
						  regarding plastic pipe, welder qualification, preheating, stress relieving,
						  nondestructive testing, bends and elbows.
88-005-R
07/14/88
4
Revised Part 190 to provide for waivers, extensions,
						  response to accident recommendations, and renumbered paragraphs. Part 192
						  amended for Class locations, MAOP, testing repairs, odorization testing, damage
						  prevention, & R/V calculation.
89-034-R
08/02/89
3
Part 191 amended to include Safety-Related Condition
						  Reports. Part 192 amended for deletion of outdated references, adding
						  requirements for safety-related conditions to be included in O & M plans,
						  testing requirements for tie-in joints.
08/22/89
5
Added Part 199 - Drug Testing. Establishes an employee
						  drug testing program required of operators subject to Part 192.
90-015-R
03/23/90
3
General revisions with emphasis on updating of
						  Standards & Specifications; class location vs. MAOP; cast/ductile iron,
						  & copper pipe; Part 199 - changes caused by deletion of "Rehabilitation
						  Committee" & its definition; changes in Drug tests required.
91-056-R
06/06/91
3
Care when using tracer wire with plastic pipe, and
						  lubrication requirements for valves.
92-036-R
05/12/92
3
Parts 192 and 199 changed to reflect requirement of
						  operators to amend plans and procedures as necessary for safety. Preface and
						  Part 190 changed to reflect increase in civil penalties.
93-020-R
04/26/93
3
Parts 191 and 192 changed to include certain gathering
						  lines containing 100 ppm or more of hydrogen sulfide. Part 192 further changed
						  by correcting certain discrepancies not previously discovered. Code format
						  revised and complete republication of the Arkansas Gas Pipeline Code.
94-025-R
09/12/94
4
Update of referenced Standards & Specifications;
						  addition of requirement for gas detection in certain compressor station
						  buildings; clarification of leakage survey requirements. Part 199 changes to
						  record keeping, and a new requirement for an annual report on the anti-drug
						  program.
95-116-R
04/27/95
3
Definitions section and Parts 190 and 192 changed to
						  reflect the requirement that certain new and replacement pipelines be designed
						  and constructed to accommodate instrumented internal inspection devices. Part
						  190 changed to clarify the language in the issuance and handling of show cause
						  orders. Part 192 changed to require meters which have been installed indoors to
						  be in a ventilated place and not less than 3 feet from any source of ignition
						  or source of heat which might damage the meter, to require detailed procedures
						  in O&M manuals, that operators review and update their O&M manuals each
						  year, and that operators prepare and follow procedures to safeguard personnel
						  from unsafe accumulations of vapors or gas in excavated trenches. Part 199
						  reformatted to add Subpart B, Alcohol Misuse Prevention Program. Preface
						  changed to include new title of Part 199. Complete republication of the
						  Arkansas Gas Pipeline Code.
96-181-R
08/20/96
3
Preface and Part 190 changed to reflect increased civil
						  penalties. Part 192 changed to include notification requirement for
						  customer-owned service lines, to extend existing excavation damage prevention
						  requirements for gas pipelines in urban areas to gas pipelines in rural areas,
						  and to require, with limited exceptions, line markers for transmission lines in
						  urban areas. Part 199 changed to allow for the possibility of a reduced random
						  drug testing rate, and to require reporting of information concerning missed
						  tests. Complete republication of the Arkansas Gas Pipeline Code.
97-034-R
04/03/97
3
Preface changed to explain the codification of the
						  Natural Gas Pipeline Safety Act. Definition of "petroleum gas" added and
						  definition of "transmission line" revised in the Definitions section. Numerous
						  minor changes to Parts 191 and 192. Addition of performance standards for
						  excess flow valves to Part 192. Appendices A and B to Part 192 updated. Minor
						  revisions to Part 199. Complete republication of the Arkansas Gas Pipeline
						  Code.
99-130-R
08/02/99
3
All Parts changed to include metric equivalents for
						  English measures. Part 192 changed to require that Excess Flow Valves ("EFO")
						  close at 50% or less of the manufacturer's rated closure flow rate while
						  operating at 10 pounds per square inch gauge (p.s.i.g.); removed the
						  requirement to prevent installation of EFO's beneath hard surfaces; require
						  operators to notify customers of the option to install EFO's before the
						  installation or replacement of service lines; require that all operators must
						  participate in a qualified one-call system; added transmission or distribution
						  of gas containing H2S to reflect the exact language in
						  Arkansas Code Annotated
						  23-15-203(3);
						  removed atmospheric corrosion requirements for offshore facilities. Appendix A
						  revised to incorporate certain versions of The American Society for Testing and
						  Materials Standards by reference. Part 199 revised to clarify terms; added
						  requirements for a Substance Abuse Professional ("SAP"). Complete republication
						  of the Arkansas Gas Pipeline Code.
00-312-R
12/11/00
4
Part 190.15 revised to include falsification of
						  paperwork as probable violation. Part 192.17 revised to allow the use of a
						  certified letter for notification of probable violation. New Subpart N -
						  Operator Qualification added. Minor changes to Subpart I and M. Complete
						  republication of the Arkansas Gas Pipeline Code.
04-088-R
08/26/04
3
Adopted Federal Office of Pipeline Safety Amendments
						  192-86A, 192-89, 192-89A, 192-93, 192-95, 199-19 and 199-21.
06-123-R
12/07/06
3
Adopted Federal Pipeline and Hazardous Material Safety
						  Administration Amendments 192-94, 192-95 C, 192-96, 192-97, 192-98, 192-99,
						  192-100, 192-101, 192-102, 192-103, 199-20, 49 CFR Part 193 in its entirety,
						  Amendment 193-19, Nomenclature Change amendment regarding the change of the
						  Research and Special Programs Administration into the Pipeline and Hazardous
						  Materials Safety Administration, Act 1048 of the
						  82nd General Assembly of the Arkansas Legislature,
						  and Act 153 of the 83rd General Assembly of the
						  Arkansas Legislature. Complete republication of the Arkansas Gas Pipeline
						  Code.
08-167-R
05/04/9
3
Adopted Federal Pipeline and Hazardous Material Safety
						  Administration amendment 192-103A, update of regulatory references to technical
						  standards, amendment regarding design and construction standards to reduce
						  internal corrosion in gas transmission pipelines, 192-104 Integrity Management
						  Program modifications and clarifications, amendment regarding applicability of
						  public awareness regulations to certain gas distribution operators, and
						  amendment regarding administrative procedures, address updates, and technical
						  amendments. Complete republication of the Arkansas Gas Pipeline Code.
11-166-R
06/08/12
5
Adopted Federal Pipeline and Hazardous Material Safety
						  Administration (PHMSA) amendments 107, 108, 109, 110, 111, 112, 114 and 115 to
						  Part 192. Adopted PHMSA amendments 22 and 23 to Part 193. Adopted PHMSA
						  amendment 21 to Part 191. Complete republication of the Arkansas Gas Pipeline
						  Code.
13-027-R
10/16/13
3
Editorial changes, adopted Private Line definition,
						  added 192.27 Status of Leaks requirement, and added 192.724 Hazardous
						  Facilities requirement.
14-29-R
09/25/14
5
Adopted Federal Pipeline and Hazardous Material Safety
						  Administration (PHMSA) amendments to incorporate higher civil penalties and
						  minor redesignation changes. Also incorporated changes from Act 1343 of 2013
						  from the Arkansas General Assembly. Complete republication of the Arkansas Gas
						  Pipeline Code.
16-093-R
05/19/17
4
Adopted 2015 Federal Pipeline and Hazardous Material
						  Safety Administration (PHMSA) amendments 191-23, 192-119, 192-120, 193-25, and
						  199-26 (80 FR 168, 12762, and 46847-01); and made technical corrections.
						  Complete republication of the Arkansas Gas Pipeline Code.
19-069-R
09/16/20
4
Adoption of 2016 and 2017 Federal Pipeline and
						  Hazardous Material Safety Administration (PHMSA) amendments 190-19 and 192-121,
						  (81 FR 72739 and 82 FR 7972), and made technical corrections. Complete
						  republication of the Arkansas Gas Pipeline Code.
22-020-R
12/16/22
X
Adoption of 2019, 2020, 2021, and 2022 Federal Pipeline
						  and Hazardous Material Safety Administration (PHMSA) amendments 192-124,
						  191-26, 192-125, 192-127, 191-29, 192-128, (83 FR 58694, 84 FR 16770 84 FR
						  52180, 85 FR 40132, 86 FR 2210, and 86 FR 12835) and made technical
						  corrections. Complete republication of the Arkansas Gas Pipeline Code.
DEFINITIONS
DEFINITIONS OF WORDS/PHRASES USED IN THE ARKANSAS GAS PIPELINE
				CODE
Except as otherwise provided in this Code:
Abandoned
means permanently
				removed from service.
Active Corrosion
means continuing
				corrosion that, unless controlled, could result in a condition that is
				detrimental to public safety.
Administrator
means the
				Administrator of the Pipeline and Hazardous Materials Safety Administration or
				any person to whom authority in the matter concerned has been delegated by the
				U.S. Secretary of Transportation.
Alarm
means an audible or visible
				means of indicating to the controller that equipment or processes are outside
				operator-defined, safety-related parameters.
Business District
means a
				location where gas mains are utilized to serve customers that are predominately
				commercial in nature, and where the street and/or sidewalk paving generally
				extends from the centerline of a thoroughfare to the established building line
				on either side.
Change
to a segment of pipeline
				means a physical change in the pipeline or significant changes in operating
				pressure.
Commission
means, unless the
				context otherwise requires, the Arkansas Public Service Commission or any
				person or entity to whom the Commission has delegated authority in the matter
				concerned.
Confirmed Discovery
means when it
				can be reasonably determined, based on information available to the operator at
				the time a reportable event has occurred, even if only based on a preliminary
				evaluation.
Control Room
means an operations
				center staffed by personnel charged with the responsibility for remotely
				monitoring and controlling a pipeline facility.
Controller
means a qualified
				individual who remotely monitors and controls the safety-related operations of
				a pipeline facility via a SCADA system from a control room, and who has
				operational authority and accountability for the remote operational functions
				of the pipeline facility.
Customer Meter
means the meter
				that measures the transfer of gas from an operator to a consumer.
Distribution Line
means a
				pipeline other than a gathering or transmission line.
Electrical Survey
means a series
				of closely spaced pipe-to-soil readings over pipelines which are subsequently
				analyzed to identify locations where a corrosive current is leaving the
				pipeline.
Gas
means natural, manufactured,
				liquefied natural, flammable gas or gas which is toxic or corrosive.
Gathering Line
means a pipeline
				that transports gas from a current production facility to a transmission line
				or main.
High Pressure Distribution System
means a distribution system in which the gas pressure in the main is higher
				than the pressure provided to the customer.
Incident
means any of the
				following events:
(1) An event that
			 involves a release of gas from a pipeline, gas from an underground natural gas
			 storage facility, liquefied natural gas, or gas from an LNG facility, and that
			 results in one or more of the following consequences:
(i) A death, or personal injury necessitating
			 in-patient hospitalization;
(ii)
			 Estimated property damage of $122,000 or more, including loss to the operator
			 and others, or both, but excluding the cost of gas lost; For adjustments for
			 inflation observed in calendar year 2021 onwards, changes to the reporting
			 threshold will be posted on PHMSA's website. These changes will be determined
			 in accordance with the procedures in appendix A to part 191. or
(iii) Unintentional estimated gas loss of
			 three million cubic feet or more.