La. Admin. Code tit. 33 § V-30118

Current through Register Vol. 50, No. 9, September 20, 2024

Section V-30118 - What requirements apply to low-stress pipelines in rural areas? [49 CFR 195.12]

A. General. This Section sets forth the requirements for each category of lowstress pipeline in a rural area set forth in Subsection B of this Section. This Section does not apply to a rural lowstress pipeline regulated under this Subpart as a low-stress pipeline that crosses a waterway currently used for commercial navigation; these pipelines are regulated pursuant to §30103. A.2 [ 49 CFR 195.12(a)]

B. Categories. An operator of a rural low-stress pipeline must meet the applicable requirements and compliance deadlines for the category of pipeline set forth in Subsection C of this Section. For purposes of this Section, a rural low-stress pipeline is a Category 1, 2, or 3 pipeline based on the following criteria. [ 49 CFR 195.12(b)]

1. A Category 1 rural low-stress pipeline: [ 49 CFR 195.12(b)(1)]

a. has a nominal diameter of 85/8 inches (219.1 mm) or more; [ 49 CFR 195.12(b)(1)(i) ]

b. is located in or within one-half mile (.80 km) of an unusually sensitive area (USA) as defined in §30112; and [ 49 CFR 195.12(b)(1)(ii) ]

c. operates at a maximum pressure established under §30406 corresponding to: [ 49 CFR 195.12(b)(1)(iii)]

i. a stress level equal to or less than 20-percent of the specified minimum yield strength of the line pipe; or [ 49 CFR 195.12(b)(1)(iii)(A) ]

ii. if the stress level is unknown or the pipeline is not constructed with steel pipe, a pressure equal to or less than 125 psi (861 kPa) gage. [ 49 CFR 195.12(b)(1)(iii)(B) ]

2. A Category 2 rural pipeline: [ 49 CFR 195.12(b)(2)]

a. has a nominal diameter of less than 85/8 inches (219.1mm); [ 49 CFR 195.12(b)(2)(i) ]

b. is located in or within one-half mile (.80 km) of an unusually sensitive area (USA) as defined in §30112; and [ 49 CFR 195.12(b)(2)(ii) ]

c. operates at a maximum pressure established under §30406 corresponding to: [ 49 CFR 195.12(b)(2)(iii)]

i. a stress level equal to or less than 20-percent of the specified minimum yield strength of the line pipe; or [ 49 CFR 195.12(b)(2)(iii)(A) ]

ii. if the stress level is unknown or the pipeline is not constructed with steel pipe, a pressure equal to or less than 125 psi (861 kPa) gage. [ 49 CFR 195.12(b)(2)(iii)(B) ]

3. A Category 3 rural low-stress pipeline: [ 49 CFR 195.12(b)(3)]

a. has a nominal diameter of any size and is not located in or within one-half mile (.80 km) of an unusually sensitive area (USA) as defined in §30112; and [ 49 CFR 195.12(b)(3)(i) ]

b. operates at a maximum pressure established under §30406 corresponding to a stress level equal to or less than 20-percent of the specified minimum yield strength of the line pipe; or [ 49 CFR 195.12(b)(3)(ii) ]

c. if the stress level is unknown or the pipeline is not constructed with steel pipe, a pressure equal to or less than 125 psi (861 kPa) gage. [ 49 CFR 195.12(b)(3)(iii) ]

C. Applicable Requirements and Deadlines for Compliance. An operator must comply with the following compliance dates depending on the category of pipeline determined by the criteria in Subsection B. [ 49 CFR 195.12(c)]

1. An operator of a Category 1 pipeline must: [ 49 CFR 195.12(c)(1)]

a. identify all segments of pipeline meeting the criteria in Paragraph B.1 of this Section before April 3, 2009; [ 49 CFR 195.12(c)(1)(i) ]

b. beginning no later than January 3, 2009, comply with the reporting requirements of Subchapter B of Chapter 301. for the identified segments; [ 49 CFR 195.12(c)(1)(ii) ]

c. IM requirements; [ 49 CFR 195.12(c)(1)(iii)]

i. establish a written program that complies with §30452 before July 3, 2009, to assure the integrity of the pipeline segments. Continue to carry out such program in compliance with §30452; [ 49 CFR 195.12(c)(1)(iii)(A) ]

ii. an operator may conduct a determination per §30452. A in lieu of the one-half mile buffer; [ 49 CFR 195.12(c)(1)(iii)(B) ]

iii. complete the baseline assessment of all segments in accordance with §30452. C before July 3, 2015, and complete at least 50-percent of the assessments, beginning with the highest risk pipe, before January 3, 2012; [ 49 CFR 195.12(c)(1)(iii)(C) ]

d. comply with all other safety requirements of this Subpart, except Subchapter B of Chapter 305., before July 3, 2009. Comply with the requirements of Subchapter B of Chapter 305 before July 3, 2011. [ 49 CFR 195.12(c)(1)(d) ]

2. An operator of a Category 2 pipeline must: [ 49 CFR 195.12(c)(2)]

a. identify all segments of pipeline meeting the criteria in Paragraph B.2 of this Section before July 1, 2012. [ 49 CFR 195.12(c)(2)(i) ]

b. beginning no later than January 3, 2009, comply with the reporting requirements of Subchapter B of Chapter 301. for the identified segments; [ 49 CFR 195.12(c)(2)(ii) ]

c. IM; [ 49 CFR 195.12(c)(2)(iii)]

i. establish a written IM program that complies with §30452 before October 1, 2012 to assure the integrity of the pipeline segments. Continue to carry out such program in compliance with §30452; [ 49 CFR 195.12(c)(2)(iii)(A) ]

ii. an operator may conduct a determination per §30452. A in lieu of the one-half mile buffer; [ 49 CFR 195.12(c)(2)(iii)(B) ]

iii. complete the baseline assessment of all segments in accordance with §30452. C before October 1, 2016 and complete at least 50-percent of the assessments, beginning with the highest risk pipe, before April 1, 2014; [ 49 CFR 195.12(c)(2)(iii)(C) ]

d. comply with all other safety requirements of this Subpart, except Subchapter B of Chapter 305., before October 1, 2012. Comply with Subchapter B of Chapter 305. before October 1, 2014. [ 49 CFR 195.12(c)(2)(iv) ]

3. An operator of a Category 3 pipeline must: [ 49 CFR 195.12(c)(3)]

a. identify all segments of pipeline meeting the criteria in Paragraph B.3 of this Section before July 1, 2012; [ 49 CFR 195.12(c)(3)(i) ]

b. beginning no later than January 3, 2009, comply with the reporting requirements of Subchapter B of Chapter 301. for the identified segments; [ 49 CFR 195.12(c)(3)(ii) ]

c. comply with all safety requirements of this Subpart, except the requirements in §30452, Subchapter B of Chapter 301, and the requirements in Subchapter B of Chapter 305, before October 1, 2012. Comply with Subchapter B of Chapter 305 before October 1, 2014. [ 49 CFR 195.12(c)(3)(iii) ]

D. Economic Compliance Burden [ 49 CFR 195.12(d)]

1. An operator may notify PHMSA in accordance with §30452. M of a situation meeting the following criteria: [ 49 CFR 195.12(d)(1)]

a. the pipeline is a Category 1 rural low-stress pipeline; [ 49 CFR 195.12(d)(1)(i) ]

b. the pipeline carries crude oil from a production facility; [ 49 CFR 195.12(d)(1)(ii) ]

c. the pipeline, when in operation, operates at a flow rate less than or equal to 14,000 barrels per day; and [ 49 CFR 195.12(d)(1)(iii) ]

d. the operator determines it would abandon or shut-down the pipeline as a result of the economic burden to comply with the assessment requirements in §30452. D [ 49 CFR 195.12(d)(1)(iv) ]

2. A notification submitted under this provision must include, at minimum, the following information about the pipeline: Its operating, maintenance and leak history; the estimated cost to comply with the integrity assessment requirements (with a brief description of the basis for the estimate); the estimated amount of production from affected wells per year, whether wells will be shut in or alternate transportation used, and if alternate transportation will be used, the estimated cost to do so. [ 49 CFR 195.12(d)(2)]

3. When an operator notifies PHMSA in accordance with Paragraph D.1 of this Section, PHMSA will stay compliance with §30452. D until it has completed an analysis of the notification. PHMSA will consult the Department of Energy (DOE), as appropriate, to help analyze the potential energy impact of loss of the pipeline. Based on the analysis, PHMSA may grant the operator a special permit to allow continued operation of the pipeline subject to alternative safety requirements. [ 49 CFR 195.12(d)(3)]

E. Changes in unusually sensitive areas. [ 49 CFR 195.12(e)]

1. If, after June 3, 2008, for Category 1 rural low-stress pipelines or October 1, 2011 for Category 2 rural low-stress pipelines, an operator identifies a new USA that causes a segment of pipeline to meet the criteria in Subsection B of this Section as a Category 1 or Category 2 rural low-stress pipeline, the operator must: [ 49 CFR 195.12(e)(1)]

a. comply with the IM program requirement in Clause C.1.c.i or C.2.c.i of this Section, as appropriate, within 12 months following the date the area is identified regardless of the prior categorization of the pipeline; and [ 49 CFR 195.12(e)(1)(i) ]

b. complete the baseline assessment required by clause C.1.c.iii or C.2.c.iii of this Section, as appropriate, according to the schedule in §39452. D.3. [ 49 CFR 195.12(e)(1)(ii) ]

2. If a change to the boundaries of a USA causes a Category 1 or Category 2 pipeline segment to no longer be within one-half mile of a USA, an operator must continue to comply with Subparagraph C.1.c or Subparagraph C.2.c of this Section, as applicable, with respect to that segment unless the operator determines that a release from the pipeline could not affect the USA. [ 49 CFR 195.12(e)(2)]

F. Record Retention. An operator must maintain records demonstrating compliance with each requirement applicable to the category of pipeline according to the following schedule. [ 49 CFR 195.12(f)]

1. An operator must maintain the segment identification records required in Subparagraph C.1.a, C.2.a or C.3.a of this Section for the life of the pipe. [ 49 CFR 195.12(f)(1)]

2. Except for the segment identification records, an operator must maintain the records necessary to demonstrate compliance with each applicable requirement set forth in Subsection C of this Section according to the record retention requirements of the referenced Section, Subpart or Subchapter.

La. Admin. Code tit. 33, § V-30118

Promulgated by the Department of Natural Resources, Office of Conservation, Pipeline Division, LR 35:2794 (December 2009), amended LR 38:101 (January 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:753.