DAR File No. 39934
This rule was published in the December 1, 2015, issue (Vol. 2015, No. 23) of the Utah State Bulletin.
Public Service Commission, Administration
Notice of Proposed Rule
DAR File No.: 39934
Filed: 11/10/2015 11:07:40 AM
Purpose of the rule or reason for the change:
The purpose of this proposed amendment is to: 1) update the date of the referenced U.S. Department of Transportation pipeline safety regulations to September 1, 2015; 2) identify that penalties for violations of Pipeline Safety regulations fall under the jurisdiction of Title 54, Chapter 13, Part 8; 3) delete unnecessary and duplicative requirements; and 4) consolidate, update, and clarify reporting and operating requirements.
Summary of the rule or change:
Currently, Rule R746-409 adopts the federal pipeline safety regulations codified in 49 CFR Parts 190, 191, 192, 198, and 199, as amended October 1, 2010. The rule change updates the amendment date to September 1, 2015. Substantive changes between the October 1, 2010, and September 1, 2015, amendment dates include: requirements for operators to implement control room management procedures and distribution integrity management programs; and modifications to requirements pertaining to post-construction inspection, leak surveys, qualifying of plastic pipe joining and transportation of pipe. Currently, Rule R746-409 does not specify that penalties for violations of pipeline safety regulations fall under the jurisdiction of Title 54, Chapter 13, Part 8. The rule change corrects this omission. The rule change adds six definitions for clarity. The rule change formalizes current "State Reportable Incident" criteria and reporting requirements. The rule change clarifies access requirements for inspections occurring "during normal business hours" and "outside of normal business hours." The rule change clarifies and consolidates telephonic notification and written reporting requirements and introduces a toll-free telephone number and an email address for the Division of Public Utilities. The rule change consolidates the requirements for written plans pursuant to federal regulations.
State statutory or constitutional authorization for this rule:
- Section 54-13-2
- Section 54-13-4
- Section 54-13-8
- Section 54-13-3
This rule or change incorporates by reference the following material:
- Updates 49 CFR Part 198 , published by Government Printing Office, 09/01/2015
- Updates 49 CFR Part 192, published by Government Printing Office, 09/01/2015
- Updates 49 CFR Part 191, published by Government Printing Office, 09/01/2015
- Updates 49 CFR Part 190, published by Government Printing Office, 09/01/2015
- Updates 49 CFR Part 199 , published by Government Printing Office, 09/01/2015
Anticipated cost or savings to:
the state budget:
The proposed rule change should not result in any costs to the Division of Public Utilities because the Division mainly enforces pipeline safety rules and the rule change reflects current requirements.
This rule applies to natural gas public utilities operated by local governments. Since local governments are already expected to operate pursuant to the federal regulations and state requirements incorporated or formalized in this rule change, no anticipated costs are expected. Negligible savings may occur due to streamlining of reporting requirements.
This rule applies to operators of natural gas master meter systems and pipeline facilities. Since small businesses are already expected to operate pursuant to the federal regulation and state requirements incorporated or formalized in this rule change, no anticipated costs are expected. Negligible savings may occur due to streamlining of reporting requirements.
persons other than small businesses, businesses, or local governmental entities:
Since persons are already expected to operate pursuant to the federal regulation and state requirements incorporated or formalized in this rule change, no anticipated costs are expected. Negligible savings may occur due to streamlining of reporting requirements.
Compliance costs for affected persons:
Compliance costs for affected persons will not be expected because this rule change follows practices and requirements already in place at the federal and state level.
Comments by the department head on the fiscal impact the rule may have on businesses:
The proposed rule change adopts and formalizes current operating practices and requirements and therefore the proposed rule change will not result in any additional costs. Negligible savings may occur due to streamlining of reporting requirements.
Thad LeVar, Chair
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Public Service Commission
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316
Direct questions regarding this rule to:
- Sheri Bintz at the above address, by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at email@example.com
- Melanie Reif at the above address, by phone at 801-530-6709, by FAX at 801-530-6796, or by Internet E-mail at firstname.lastname@example.org
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
This rule may become effective on:
Melanie Reif, Administrative Law Judge
R746. Public Service Commission, Administration.
R746-409. Pipeline Safety.
R746-409-1. General Provisions.
A. Scope and Applicability -- [
To enable the Commission] to [ carry out its duties regarding pipeline safety
under] Chapter 13, [ Title 54, ]the following rules shall apply to
persons [ owning or operating an intrastate pipeline facility as
defined in that chapter, or a segment of that chapter including,
but not limited to, master meter systems, as well as
persons ]engaged in the transportation of gas
B. Adoption of [
Parts 190, 191, 192, 198, and 199]
-- The Commission [ hereby] adopts[ ,] and incorporates by this reference[ ,]
CFR Title 49, [ Parts]
,] and [ 199, as amended, October 1, 2010.]
owning or operating an intrastate pipeline facility in
Utah, or a segment thereof, as well as persons] engaged in
the transportation of gas,
shall comply with the
minimum safety standards [ specified in those Parts of CFR Title 49].
For purposes of these rules, the following terms shall bear the following meanings:
A]. "CFR" means the Code of Federal
B]. "Commission" means the Public Service
Commission of Utah;
C]. "Division" means the Division of Public
Utilities, Utah Department of Commerce;
"Part 190" means CFR Title 49, Part 190[
entitled], Pipeline Safety [ Program] Procedures.
E]. "Part 191" means CFR Title 49, Part 191[ , entitled], Transportation of Natural and Other
Gas by Pipeline; Annual Reports, Incident Reports, and
Safety-Related Condition Reports.
F]. "Part 192" means CFR Title 49, Part 192[ entitled], Transportation of Natural and Other Gas
by Pipeline: Minimum Federal Safety Standards.
G]. "Part 198" means CFR Title 49, Part 198[ entitled], Regulations for Grants to Aid State
Pipeline Safety Program
H]. "Part 199" means CFR Title 49, [ part] 199[ entitled], Drug
Authorized Inspector -- A person employed or]
by the Commission or the director of the Division], upon [ presenting]
appropriate credentials, [ is authorized to] enter [ upon, ] inspect
and examine[ , during normal business hours,] the records and [ properties of a person in possession or control of
them], if the records and [ properties] are relevant to determining [ the] compliance with applicable state and federal
statutes, rules and regulations.
B. Reasons for Inspection -- Inspections are ordinarily conducted pursuant to one of the following:
a] complaint received from a member of the public;
information] obtained from a previous inspection;
accident or ]incident;
when] deemed appropriate by the Commission.
C. Testing -- To the extent necessary to
carry out its responsibilities, the Commission may require testing
of portions of intrastate pipeline facilities which have been
involved in or affected by an [
D. Further Action -- When information obtained from an inspector or from other appropriate sources indicates that further action is warranted, the Division shall issue a warning letter and, if necessary, initiate proceedings before the Commission.
R746-409-4. Accidents or Incidents Reports and Annual
A. U.S. Department of Transportation -- An operator shall
report to the U.S. Department of Transportation (800-424-8802)
accidents or incidents involving its pipeline facilities operated
within the state of Utah that cause personal injuries requiring
in-patient hospitalization, fatality, or estimated damage to
property totaling $50,000 or more. B. Commission Notification -- The Commission shall be
notified of the accidents or incidents as soon as possible,
consistent with public welfare and safety. In those instances
where a telephonic report to the United States Department of
Transportation is required, a similar report of the accident or
incident shall be made by telephone to: Utah Division of Public Utilities Lead Pipeline Safety Engineer P.O. Box 146751 Salt Lake City, Utah 84145-6751 Telephone: 801-530-6673 801-530-6652 800-874-0904 C. Written Report -- An operator, except for master meter
systems, shall furnish to the Commission, within 30 days after
the occurrence of a reportable accident or incident, a written
report of the accident or incident. The report may be made on the
standard USDOT form designated Accident or Incident Report, or on
a form acceptable to the Commission showing the same information.
If certain information is not available, the incomplete report
should be submitted indicating this unavailability. When the
information becomes available, a supplemental report will be
submitted. D. Annual Report -- An operator, except for master meter
systems, shall submit an annual report for that system on DOT
form RSPA F 7100.1-1. This report must be submitted annually, not
later than March 15, for the preceding calendar year. Operators
who file annual reports to federal agencies in accordance with 49
CFR, part 191, are required to file copies of the reports with
this Commission. Annual reports may be sent to the same address
as noted in Subsection R746-409-4B.
R746-409-5. Operation and Maintenance Plans.
An operator of natural gas transportation facilities,
except for master meter operators and liquid propane operators,
shall file with the Commission for review by the Division of
Public Utilities, a plan for the operation and maintenance of
pipeline facilities owned or operated by it, and shall
subsequently file changes in the plan. The plan shall cover gas
transmission facilities, distribution facilities, and those
gathering or production facilities located in non-rural areas.
Master meter operators and liquid propane gas operators shall
have at their distribution facility a plan for the operation and
maintenance of their pipeline facilities. The essential
requirements stated in Title 49 CFR Part 192.605, shall be
covered by the plan. If the Commission, on recommendation of the
Division, finds the plan inadequate for safe operation, the
Commission shall, after notice and opportunity for a hearing,
require revision of the plan.
R746-409-6. Emergency Plan.
An operator, except for master meter operators and liquid
propane operators, shall file with the Commission, for review by
the Division, a plan of written procedures to minimize the hazard
resulting from a gas line emergency. The plan shall cover gas
transmission facilities, distribution facilities and those
gathering or production facilities located in non-rural areas.
Master meter operators and liquid propane operators shall have at
their distribution facilities a plan to minimize hazards
resulting from an incident involving their gas facilities. The
essential requirements stated in Title 49 CFR Part 192.615 shall
be covered by the plan. If the Commission, on recommendation of
the Division, finds the plan inadequate for safe operation, the
Commission shall, after notice and opportunity for a hearing,
require the plan to be revised.
R746-409-7. Cathodic Protection and Leak Surveys.
A. Cathodic Protection -- Operators of gas transportation
facilities who do not have cathodic protection on their metallic
underground piping system shall install cathodic protection, in
accordance with 49 CFR, Subpart I, unless exempted as per Part
192.455(2)(b) on it within one year after establishment of the
Commission rules, unless a time exemption is approved by the
Commission. B. Leak Survey -- A gas detector leak survey shall be
conducted on master metered facilities, which were not cathodically
protected prior to the Commission rules, at intervals not exceeding
15 months, but at least once each calendar year. The surveys shall
be performed annually for at least five years after the date of the
installation of cathodic protection.]
A. Rules of Practice and Procedure -- The Commission's Rules of Practice and Procedure, R746-100, shall govern and control proceedings before the Commission regarding pipeline safety, with the exception of the additional remedies and procedures specified herein.
B. Hazardous Facility Order -- If the
Commission finds, after notice and a hearing, that a particular
intrastate pipeline facility is hazardous to life or property, it
may issue a Hazardous Facility Order requiring the owner or
operator of the intrastate pipeline facility to take corrective
action. Civil penalties set forth in Section 54-13-[
6] may also be imposed. Corrective action may include
suspended or restricted use of the facility, physical inspection,
replacement, or other action as may be appropriate.
C. Waiver of Notice and Hearing -- The Commission may waive the requirement for notice and hearing in Subsection (B) above before issuing an order pursuant to this section when it or the Division determines that the failure to do so would result in the likelihood of serious harm to life or property. However, the Commission shall include in the order an opportunity for hearing as soon as practicable after issuance of the order.
D. Hazardous Conditions -- The Commission may find an intrastate pipeline facility to be hazardous under paragraph 2 of this section if:
u]nder the facts and circumstances the Commission determines
the particular facility is hazardous to life or property; or
t]he intrastate pipeline facility, or a component thereof,
has been constructed or operated with equipment, material, or
technique which the Commission determines is hazardous to life or
property, unless the operator involved demonstrates to the
satisfaction of the Commission that, under the particular facts and
circumstances involved, such equipment, material, or technique is
not hazardous to life or property.
E. Considerations -- In making a determination under paragraph (D)(2) of this section, the Commission may consider, if relevant:
t]he characteristics of the pipe and other equipment used in
the intrastate pipeline facility involved, including its age,
manufacturer, physical properties, including its resistance to
corrosion and deterioration, and the method of its manufacture,
construction, or assembly;
t]he nature of the materials transported by the facility,
including their corrosive and deteriorative qualities, the sequence
in which the materials are transported, and the pressure required
for the transportation;
t]he aspects of the areas in which the intrastate pipeline
facility is located, in particular the climatic and geologic
conditions, including soil characteristics, associated with the
areas, and the population density and population and growth
patterns of such areas;
a] recommendation of the National Transportation Safety Board
issued in connection with an investigation conducted by the
o]ther factors as the Commission may consider
F. Contents of Hazardous Facility Order -- A Hazardous Facility Order issued by the Commission shall contain the following information:
a] finding that the pipeline facility is hazardous to life or
t]he relevant facts which form the basis for the finding;
t]he legal basis for the order;
t]he nature and description of particular corrective action
required of the respondent;
t]he date by which the required action must be taken or
completed and, where appropriate, the duration of the order.
G. No Longer Hazardous -- The Commission shall rescind or suspend a Hazardous Facility Order whenever it determines that the facility is no longer hazardous to life or property.
KEY: rules and procedures, safety, pipelines
Date of Enactment or Last Substantive Amendment: [
November 7, 2011]
Notice of Continuation: October 6, 2011
Authorizing, and Implemented or Interpreted Law: 54-13-3; 54-13-5; 54-13-6
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2015/b20151201.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Sheri Bintz at the above address, by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at email@example.com; Melanie Reif at the above address, by phone at 801-530-6709, by FAX at 801-530-6796, or by Internet E-mail at firstname.lastname@example.org. For questions about the rulemaking process, please contact the Division of Administrative Rules.