La. Admin. Code tit. 43 § XIII-509

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

Section XIII-509 - What Requirements Apply to Gathering Lines? [49 CFR 192.9]

A. Requirements. An operator of a gathering line must follow the safety requirements of this Part as prescribed by this Section [49 CFR 192.9(a)].

B. Offshore Lines. An operator of an offshore gathering line must comply with requirements of this part applicable to transmission lines, except the requirements in §513.D - G, 2113.F - I, 2117.D and F, 2125.C, 2130, 2137.C, 2145, 2306, 2707, 2713.C, 2719.E, 2724, 2910, 2912, 2914 and Chapter 33 of this Part. Further, operators of offshore gathering lines are exempt from the requirements of §2717.B - D and 2735. Lastly, operators of offshore gathering lines are exempt from the requirements of §2715 (but an operator of an offshore gathering line must comply with the requirements LAC 43.XIII.2715, effective as of October 4, 2022). [49 CFR 192.9(b)].

C. Type A Lines. An operator of a Type A regulated onshore gathering line must comply with the requirements of this part applicable to transmission lines, except the requirements in §513.D - G, 2113.F - I, 2117.D and F, 2125.C, 2130, 2137.C, 2145, 2306, 2707, 2713.C, 2719.E, 2724, 2910, 2912, 2914 and in Chapter 33 of this Part. However, operators of Type A regulated onshore gathering lines in a Class 2 location may demonstrate compliance with Chapter 31 by describing the processes it uses to determine the qualification of persons performing operations and maintenance tasks. Further, operators of Type A regulated onshore gathering lines are exempt from the requirements of §1139.E - G, 2710, 2717.B - D, 2734, 2735, 2736, and 2745.C - F. Lastly, operators of Type A regulated onshore gathering lines are exempt from the requirements of §2717.B (but an operator of a Type A regulated onshore gathering line must comply with the requirements of LAC 43.XIII.2717.B effective as of October 4, 2022). [49 CFR 192.9(c)].

D. Type B Lines. An operator of a Type B regulated onshore gathering line must comply with the following requirements [49 CFR 192.9(d)]:

1. if a line is new, replaced, relocated, or otherwise changed, the design, installation, construction, initial inspection, and initial testing must be in accordance with requirements of this Part applicable to transmission lines except the requirements in §717 and F, 1165, 1307.C, 1515.E, 1719.D - G, 2306, 2734, and 2736. [49 CFR 192.9(d)(1)]

2. if the pipeline is metallic, control corrosion according to requirements of Chapter 21 of this Part applicable to transmission lines except the requirements in §§213.F - I, 2117.D and F, 2125.C, 2132, 2137.C and 2145; [49 CFR 192.9(d)(2)];

3. if the pipeline contains plastic pipe or components, the operator must comply with all applicable requirements of this part for plastic pipe components; [49 CFR 192.9(d)(3)];

4. carry out a damage prevention program under §2714; [49 CFR 192.9(d)(4)];

5. establish a public education program under §2716; [49 CFR 192.9(d)(5)];

6. establish the MAOP of the line under §2719 A,B and C. [49 CFR 192.9(d)(6)];

7. install and maintain line markers according to the requirements for transmission lines in §2907; and [49 CFR 192.9(d)(7)];

8. conduct leakage surveys in accordance with the requirements for transmission lines in §2906 using leak detection equipment and promptly repair hazardous leaks in accordance with §2903(c) [49 CFR 192.9(d)(8)]

E. Type C Lines. The requirements for Type C gathering lines are as follows. [49 CFR 192.9(e)].

1. An operator of a Type C onshore gathering line with an outside diameter greater than or equal to 8.625 inches must comply with the following requirements: [49 CFR 192.9(e)(1)]

a. except as provided in Subsection H of this Section for pipe and components made with composite materials, the design, installation, construction, initial inspection, and initial testing of a new, replaced, relocated, or otherwise changed Type C gathering line, must be done in accordance with the requirements in Chapter 7 - 17 and Chapter 23 of this Part applicable to transmission lines. Compliance with §717 - G, 2306, 2734, and 2736 is not required; [49 CFR 192.9(e)(1)(i)]

b. if the pipeline is metallic, control corrosion according to requirements of Chapter 21 of this Subpart applicable to transmission lines except for §2113.F - I, 2117.D and F, 2125.C, 2132, 2137.C, and 2145; [192.9(e)(1)(ii)]

c. carry out a damage prevention program under §2714; [192.9(e)(1)(iii)]

d. develop and implement procedures for emergency plans in accordance with §2715; effective as of October 4, 2022;

e. develop and implement a written public awareness program in accordance with §2716; [192.9(e)(1)(v)]

f. install and maintain line markers according to the requirements for transmission lines in §2907; and [192.9(e)(1)(vi)]

g. conduct leakage surveys in accordance with the requirements for transmission lines in §2906 using leak-detection equipment, and promptly repair hazardous leaks in accordance with §2903.C [192.9(e)(1)(vii)]

2. An operator of a Type C onshore gathering line with an outside diameter greater than 12.75 inches must comply with the requirements in Paragraph E.1 of this Section and the following: [49 CFR 192.9(e)(2)]

a. if the pipeline contains plastic pipe, the operator must comply with all applicable requirements of this part for plastic pipe or components. This does not include pipe and components made of composite materials that incorporate plastic in the design; and [49 CFR 192.9(e)(2)(i)]

b. establish the MAOP of the pipeline under Subsections 2719.A or C and maintain records used to establish the MAOP for the life of the pipeline. [192.9(e)(2)(ii)]

F. Exceptions. [49 CFR 192.9(f)]

1. Compliance with Subparagraphs E.1.b, e, f, and g and E.2.a and b of this Section is not required for pipeline segments that are 16 inches or less in outside diameter if one of the following criteria are met. [49 CFR 192.9(f)(1)]

a. Method 1. The segment is not located within a potential impact circle containing a building intended for human occupancy or other impacted site. The potential impact circle must be calculated as specified in Section 3303, except that a factor of 0.73 must be used instead of 0.69. The MAOP used in this calculation must be determined and documented in accordance with Clause E.2.b of this Section.[49 CFR 192.9(f)(1)(i)]

b. Method 2. The segment is not located within a class location unit (see §505) containing a building intended for human occupancy or other impacted site. [49 CFR 192.9(f)(1)(ii)]

2. Clause E.1.a of this Section is not applicable to pipeline segments 40 feet or shorter in length that are replaced, relocated, or changed on a pipeline existing on or before May 16, 2022. [49 CFR 192.9(f)(2)]

3. For purposes of this section, the term "building intended for human occupancy or other impacted site" means any of the following: [49 CFR 192.9(f)(3)].

a. any building that may be occupied by humans, including homes, office buildings factories, outside recreation areas, plant facilities, etc.; [49 CFR 192.9(f)(3)(i)]

b. a small, well-defined outside area (such as a playground, recreation area, outdoor theater, or other place of public assembly) that is occupied by 20 or more persons on at least 5 days a week for 10 weeks in any 12-month period (the days and weeks need not be consecutive); or [49 CFR 192.9(f)(3)(ii)]

c. any portion of the paved surface, including shoulders, of a designated interstate, other freeway, or expressway, as well as any other principal arterial roadway with 4 or more lanes. [49 CFR 192.9(f)(3)(iii)]

G. Compliance deadlines. An operator of a regulated onshore gathering line must comply with the following deadlines, as applicable. [49 CFR 192.9(g)]

1. An operator of a new, replaced, relocated, or otherwise changed line must be in compliance with the applicable requirements of this section by the date the line goes into service, unless an exception in §513 applies. [49 CFR 192.9(g)(1)]

2. If a Type A or Type B regulated onshore gathering pipeline existing on April 14, 2006, was not previously subject to this part, an operator has until the date stated in the second column to comply with the applicable requirement for the pipeline listed in the first column, unless the Administrator finds a later deadline is justified in a particular case. [49 CFR 192.9(g)(2)]

Requirement	Compliance Deadline
Control corrosion according to Chapter 21 requirements for transmission lines.	April 15, 2009
Carry out a damage prevention program under §2714	October 15, 2007
Establish MAOP under §2719	October 15, 2007
Install and maintain line markers under §2907	April 15, 2008
Establish a public education program under §2716	April 15, 2008
Other provisions of this Part as required by Subsection C of this Section for Type A lines.	April 15, 2009

3. If, after April 14, 2006, a change in class location or increase in dwelling density causes an onshore gathering pipeline to become a Type A or Type B regulated onshore gathering line, the operator has 1 year for Type B lines and 2 years for Type A lines after the pipeline becomes a regulated onshore gathering pipeline to comply with this section. [49 CFR 192.9(g)(3)]

4. If a Type C gathering pipeline existing on or before May 16, 2022, was not previously subject to this Subpart, an operator must comply with the applicable requirements of this Section, except for Subsection H of this Section, on or before: [49 CFR 192.9(g)(4)]

a. May 16, 2023; or [49 CFR 192.9(g)(4)(i)]

b. an alternative deadline approved by PHMSA. The operator must notify PHMSA and State or local pipeline safety authorities, as applicable, no later than 90 days in advance of the deadline in paragraph (b)(1) of this section. The notification must be made in accordance with §518 and must include a description of the affected facilities and operating environment, the proposed alternative deadline for each affected requirement, the justification for each alternative compliance deadline, and actions the operator will take to ensure the safety of affected facilities. [49 CFR 192.9(g)(4)(ii)]

5. If, after May 16, 2022, a change in class location, an increase in dwelling density, or an increase in MAOP causes a pipeline to become a Type C gathering pipeline, or causes a Type C gathering pipeline to become subject to additional Type C requirements (see Subsection F of this Section), the operator has 1 year after the pipeline becomes subject to the additional requirements to comply with this section. [49 CFR 192.9(g)(5)]

H. Composite Materials. Pipe and components made with composite materials not otherwise authorized for use under this part may be used on Type C gathering pipelines if the following requirements are met: [49 CFR 192.9(h)]

1. Steel and plastic pipe and components must meet the installation, construction, initial inspection, and initial testing requirements in Chapters 7 through 17 and 23 of this Subpart applicable to transmission lines. [49 CFR 192.9(h)(1)]

2. Operators must notify PHMSA in accordance with §518 at least 90 days prior to installing new or replacement pipe or components made of composite materials otherwise not authorized for use under this part in a Type C gathering pipeline. The notifications required by this section must include a detailed description of the pipeline facilities in which pipe or components made of composite materials would be used, including: [49 CFR 192.9(h)(2)]

a. the beginning and end points (stationing by footage and mileage with latitude and longitude coordinates) of the pipeline segment containing composite pipeline material and the counties and States in which it is located; [49 CFR 192.9(h)(2)(i)]

b. a general description of the right-of-way including high consequence areas, as defined in §3305; [49 CFR 192.9(h)(2)(ii)]

c. relevant pipeline design and construction information including the year of installation, the specific composite material, diameter, wall thickness, and any manufacturing and construction specifications for the pipeline; [49 CFR 192.9(h)(2)(iii)]

d. relevant operating information, including MAOP, leak and failure history, and the most recent pressure test (identification of the actual pipe tested, minimum and maximum test pressure, duration of test, any leaks and any test logs and charts) or assessment results; [49 CFR 192.9(h)(2)(iv)]

e. an explanation of the circumstances that the operator believes make the use of composite pipeline material appropriate and how the design, construction, operations, and maintenance will mitigate safety and environmental risks; [49 CFR 192.9(h)(2)(v)]

f. an explanation of procedures and tests that will be conducted periodically over the life of the composite pipeline material to document that its strength is being maintained; [49 CFR 192.9(h)(2)(vi)]

g. operations and maintenance procedures that will be applied to the alternative materials. These include procedures that will be used to evaluate and remediate anomalies and how the operator will determine safe operating pressures for composite pipe when defects are found; [49 CFR 192.9(h)(2)(vii)]

h. an explanation of how the use of composite pipeline material would be in the public interest; and [49 CFR 192.9(h)(2) (viii)]

i. a certification signed by a vice president (or equivalent or higher officer) of the operator's company that operation of the applicant's pipeline using composite pipeline material would be consistent with pipeline safety. [49 CFR 192.9(h)(2)(iv)

3. Repairs or replacements using materials authorized under this part do not require notification under this Section. [49 CFR 192.9(h)(3)]

La. Admin. Code tit. 43, § XIII-509

Promulgated by the Department of Natural Resources, Office of Conservation, LR 9:220 (April 1983), amended LR 10:511 (July 1984), LR 20:443 (April 1994), LR 21:821 (August 1995), LR 24:1307 (July 1998), LR 30:1227 (June 2004), LR 31:681 (March 2005), LR 33:477 (March 2007), Amended LR 441035 (6/1/2018), Amended LR 461579 (11/1/2020), Amended LR 491101 (6/1/2023), Amended LR 501248 (9/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:501 et seq.