Mo. Code Regs. tit. 20 § 4240-40.020

Current through Register Vol. 49, No. 21, November 1, 2024.

Section 20 CSR 4240-40.020 - Incident, Annual, and Safety-Related Condition Reporting Requirements

PURPOSE: This amendment modifies the rule to address amendments of 49 CFR part 191 promulgated between January 2021 and December 2021, modifies the notification criteria for Missouri incidents, and makes clarification and editorial changes.

(1) Scope. (191.1)

(A) This rule prescribes requirements for the reporting of incidents, safety-related conditions, annual pipeline summary data, National Operator Registry information, and other miscellaneous conditions by operators of gas pipeline facilities and underground natural gas storage facilities located in Missouri and under the jurisdiction of the commission. This rule applies to onshore gathering lines, including Type R gathering lines as determined in 20 CSR 4240-40.030(1)(E). (192.8)

(B) Subsections (11)(B) and (11)(C) and section (12) do not apply to the onshore gathering of gas-

1. Through a pipeline that operates at less than zero (0) pound per square inch gauge (psig) (0 kPa); or

2. Through a pipeline that is not a regulated onshore gathering line.

(2) Definitions. (191.3) As used in this rule and in the PHMSA Forms referenced in this rule-

(A) Administrator means the administrator of PHMSA or his or her delegate;

(B) Commission means the Public Service Commission. Designated commission personnel means the Pipeline Safety Program Manager at the address contained in subsection (5)(E) for correspondence and means the list of staff personnel supplied to operators for telephonic notices;

(C) 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;

(D) Federal 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 (UNGSF), liquefied natural gas (LNG), liquefied petroleum gas, refrigerant gas, or gas from an LNG facility, and that results in one (1) or more of the following consequences:

A. A death or personal injury necessitating inpatient hospitalization; or

B. Estimated property damage of one hundred twenty-two thousand dollars ($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 appendix A to 49 CFR part 191; or

C. Unintentional estimated gas loss of three (3) million cubic feet or more;

2. An event that results in an emergency shutdown of an LNG facility or an UNGSF. Activation of an emergency shutdown system for reasons other than an actual emergency does not constitute an incident; or

3. An event that is significant, in the judgment of the operator, even though it did not meet the criteria of paragraphs (2)(D)1. or (2)(D)2.

(E) Gas means natural gas, flammable gas, manufactured gas, or gas which is toxic or corrosive;

(F) LNG facility means a pipeline facility that is used for liquefying natural gas or synthetic gas or transferring, storing, or vaporizing liquefied natural gas;

(G) LNG plant means an LNG facility or system of LNG facilities functioning as a unit;

(H) Master meter system means a pipeline system for distributing gas within, but not limited to, a definable area, such as a mobile home park, housing project, or apartment complex, where the operator purchases metered gas from an outside source for resale through a gas distribution pipeline system. The gas distribution pipeline system supplies the ultimate consumer who either purchases the gas directly through a meter or by other means, for instance, by rents;

(I) Municipality means a city, village, or town;

(J) Operator means a person who engages in the transportation of gas;

(K) Person means any individual, firm, joint venture, partnership, corporation, association, county, state, municipality, political subdivision, cooperative association, or joint stock association, and includes any trustee, receiver, assignee, or personal representative of them;

(L) Pipeline or pipeline system means all parts of those physical facilities through which gas moves in transportation including, but not limited to, pipe, valves, and other appurtenances attached to pipe, compressor units, metering stations, regulator stations, delivery stations, holders, and fabricated assemblies;

(M) PHMSA means the Pipeline and Hazardous Materials Safety Administration of the United States Department of Transportation;

(N) Regulated onshore gathering means a Type A, Type B, or Type C gas gathering pipeline system as determined in 20 CSR 4240-40.030(1)(E) (192.8);

(O) Reporting-regulated gathering means a Type R gathering line as determined in 20 CSR 4240-40.030(1)(E). (192.8) A Type R gathering line is subject only to this rule;

(P) Transportation of gas means the gathering, transmission, or distribution of gas by pipeline, or the storage of gas, in or affecting intrastate, interstate, or foreign commerce; and

(Q) Underground natural gas storage facility (UNGSF) means a gas pipeline facility that stores natural gas in an underground facility incidental to the transportation of natural gas, including-

1. A depleted hydrocarbon reservoir, an aquifer reservoir, or a solution-mined cavern; and

2. In addition to the reservoir or cavern, a UNGSF includes injection, withdrawal, monitoring, and observation wells; wellbores and downhole components; wellheads and associated wellhead piping; wing-valve assemblies that isolate the wellhead from connected piping beyond the wing-valve assemblies; and any other equipment, facility, right-of-way, or building used in the underground storage of natural gas.

(3) Immediate Notice of Federal Incidents. (191.5)

(A) At the earliest practicable moment following discovery, but no later than one (1) hour after confirmed discovery, each operator shall give notice, in accordance with subsection (3)(B), of each federal incident as defined in section (2) (191.3).

(B) Each notice required by subsection (3)(A) must be made to the National Response Center either by telephone to (800) 424-8802 or electronically at www.nrc.uscg.mil and must include the following information:

1. Names of operator and person making report and their telephone numbers;

2. Location of the incident;

3. Time of the incident;

4. Number of fatalities and personal injuries, if any; and

5. All other significant facts known by the operator that are relevant to the cause of the incident or extent of the damages.

(C) Within forty-eight (48) hours after the confirmed discovery of an incident, to the extent practicable, an operator must revise or confirm its initial telephonic notice required in subsection (3)(B) with an estimate of the amount of gas released, an estimate of the number of fatalities and injuries, and all other significant facts that are known by the operator that are relevant to the cause of the incident or extent of the damages. If there are no changes or revisions to the initial report, the operator must confirm the estimates in its initial report.

(4) Immediate Notice of Missouri Incidents.

(A) Within two (2) hours following discovery by the operator, or as soon thereafter as practicable if emergency efforts to protect life and property would be hindered, each gas operator must notify designated commission personnel by telephone of the following events within areas served by the operator:

1. An event that involves a release of gas involving the operator's actions or pipeline system, or where there is a suspicion by the operator that the event may involve a release of gas involving the operator's actions or pipeline system, and results in one (1) or more of the following consequences:

A. A death;

B. A personal injury involving medical care administered in an emergency room or health care facility, whether inpatient or outpatient, beyond initial treatment and prompt release after evaluation by a health care professional; or

C. Estimated property damage of seventeen thousand five hundred dollars ($17,500) or more, including loss to the gas operator or others, or both, and including the cost of gas lost;

2. An event that is significant, in the judgement of the operator, even though it did not meet the criteria of paragraph (4)(A)1.; or

3. An event that is reported as a Federal incident under section (3).

(5) Report Submission Requirements. (191.7)

(A) Reports to PHMSA.

1. An operator must submit each report required by sections (6)-(11) electronically to the Pipeline and Hazardous Materials Safety Administration at http://portal.phmsa.dot.gov/pipeline unless an alternative reporting method is authorized in accordance with subsection (5)(D).

2. A copy of each online submission to PHMSA must also be submitted concurrently to designated commission personnel. The copy submitted to designated commission personnel must be clearly marked to indicate the date of the online submission to PHMSA.

(B) Missouri incident reports.

1. This subsection applies to events that meet the criteria in subsection (4)(A) but are not a federal incident reported under subsection (5)(A). Within thirty (30) days of a telephone notification made under subsection (4)(A), each gas operator must submit the applicable U.S. Department of Transportation Form PHMSA F 7100.1, PHMSA F 7100.2, or PHMSA F 7100.3 to designated commission personnel. Additional information required in subsections (6)(B) and (9)(B) for federal incidents is also required for these events.

2. The incident report forms for gas distribution systems (PHMSA F 7100.1, revised May 2021), gas transmission and gathering pipeline systems (PHMSA F 7100.2, revised January 2020), and LNG facilities (PHMSA F 7100.3, revised April 2019) are incorporated by reference in subsection (5)(G).

(C) Safety-related Conditions. An operator must submit concurrently to PHMSA and designated commission personnel a safety-related condition report required by section (12) (191.23). A safety-related condition report can be submitted by electronic mail or telefacsimile (fax) as provided for in section (13).

(D) Alternative Reporting Method.

1. If electronic reporting imposes an undue burden and hardship, an operator may submit a written request for an alternative reporting method to the Information Resources Manager, Office of Pipeline Safety, Pipeline and Hazardous Materials Safety Administration, PHP-10, 1200 New Jersey Avenue SE, Washington DC 20590-0001. The request must describe the undue burden and hardship. PHMSA will review the request and may authorize, in writing, an alternative reporting method. An authorization will state the period for which it is valid, which may be indefinite. An operator must contact PHMSA at (202) 366-8075, or electronically to informationresourcesmanager@dot.gov or make arrangements for submitting a report that is due after a request for alternative reporting is submitted, but before an authorization or denial is received.

2. A copy of each report using an alternate reporting method must also be submitted concurrently to designated commission personnel. The copy submitted to designated commission personnel must be clearly marked to indicate the date of submission to PHMSA.

(E) Address for Designated Commission Personnel. The address for the designated commission personnel is Pipeline Safety Program Manager, Missouri Public Service Commission, PO Box 360, Jefferson City, MO 65102. The email address for designated commission personnel is PipelineSafetyPro-gramManager@psc.mo.gov.

(F) National Pipeline Mapping System (NPMS). An operator must provide the NPMS data to the address identified in the NPMS Operator Standards manual available at http://www.npms.phmsa.dot.gov or by contacting the PHMSA geographic information systems manager at (202) 366-4595.

(G) Forms incorporated by reference.

1. The following forms are incorporated by reference and made part of this rule.

A. U.S. Department of Transportation Form PHMSA F 1000.1, revised January 2020. The PHMSA F 1000.1 form is the Operator Identification (OPID) Assignment Request form and does not include any amendments or additions to the January 2020 version.

B. U.S. Department of Transportation Form PHMSA F 1000.2, revised January 2020. The PHMSA F 1000.2 form is the National Registry Notification form for reporting changes including operator name change, change in entity operating, shared safety program change, change in ownership for gas facilities, construction or rehabilitation of gas facilities, change in ownership for LNG, and construction for LNG. The PHMSA F 1000.2 form does not include any amendments or additions to the January 2020 version.

C. U.S. Department of Transportation Form PHMSA F 7100.1, revised May 2021. The PHMSA F 7100.1 form is the incident report form for gas distribution systems and does not include any amendments or additions to the May 2021 version.

D. U.S. Department of Transportation Form PHMSA F 7100.1-1, revised May 2021. The PHMSA F 7100.1-1 form is the annual report form for gas distribution systems and does not include any amendments or additions to the May 2021 version.

E. Reserved.

F. U.S. Department of Transportation Form PHMSA F 7100.2, revised January 2020. The PHMSA F 7100.2 form is the incident report form for gas transmission and gathering pipeline systems and does not include any amendments or additions to the January 2020 version.

G. U.S. Department of Transportation Form PHMSA F 7100.2-1, revised October 2021. The PHMSA F 7100.2-1 form is the annual report form for gas transmission and gathering pipeline systems and does not include any amendments or additions to the October 2021 version.

H. U.S. Department of Transportation Form PHMSA F 7100.3, revised April 2019. The PHMSA F 7100.3 form is the incident report form for LNG facilities and does not include any amendments or additions to the April 2019 version.

I. U.S. Department of Transportation Form PHMSA F 7100.3-1, revised October 2014. The PHMSA F 7100.3-1 form is the annual report form for LNG facilities and does not include any amendments or additions to the October 2014 version.

J. U.S. Department of Transportation Form PHMSA 7100.41, approved August 2017. The PHMSA F 7100.4-1 form is the annual report form for underground natural gas storage facilities and does not include any amendments or additions to the August 2017 version.

K. U.S. Department of Transportation Form PHMSA 7100.2-2, approved March 2022. The PHMSA F 7100.2-2 form is the incident report form for reporting-regulated gathering pipeline systems and does not include any amendments or additions to the March 2022 version.

L. U.S. Department of Transportation Form PHMSA 7100.2-3, approved March 2022. The PHMSA F 7100.2-3 form is the annual report form for reporting-regulated gathering pipeline systems and does not include any amendments or additions to the March 2022 version.

2. The forms listed in paragraph (5)(D)1. are published by the U.S. Department of Transportation Office of Pipeline Safety, PHP-10, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. The forms are available at www.phmsa.dot.gov/forms/pipeline-forms or upon request from the pipeline safety program manager at the address given in subsection (5)(E).

(6) Distribution System-Federal Incident Report. (191.9)

(A) Except as provided in subsection (6)(C), each operator of a distribution pipeline system must submit U.S. Department of Transportation Form PHMSA F 7100.1 as soon as practicable but not more than thirty (30) days after detection of an incident required to be reported under section (3) (191.5). See the report submission requirements in subsection (5)(A). The incident report form (revised May 2021) is incorporated by reference in subsection (5)(G).

(B) When additional relevant information is obtained after the report is submitted under subsection (6)(A), the operator shall make supplementary reports, as deemed necessary, with a clear reference by date and subject to the original report.

(C) The incident report required by this section need not be submitted with respect to master meter systems.

(7) Distribution System-Annual Report.

(A) Annual Report. (191.11)

1. Except as provided in paragraph (7)(A)3., each operator of a distribution pipeline system must submit an annual report for that system on U.S. Department of Transportation Form PHMSA F 7100.1-1. This report must be submitted each year, not later than March 15, for the preceding calendar year. See the report submission requirements in subsection (5)(A).

2. The annual report form (revised May 2021) is incorporated by reference in subsection (5)(G).

3. The annual report requirement in this subsection does not apply to a master meter system, a petroleum gas system that serves fewer than one hundred (100) customers from a single source, or an individual service line directly connected to a production pipeline or a gathering line other than a regulated gathering line as determined in 20 CSR 4240-40.030(1)(E). (192.8)

(B) Reserved.

(8) Distribution Systems Reporting Transmission Pipelines-Transmission or Gathering Systems Reporting Distribution Pipelines. (191.13) Each operator primarily engaged in gas distribution who also operates gas transmission or gathering pipelines shall submit separate reports for these pipelines as required by sections (9) and (10) (191.15 and 191.17). Each operator primarily engaged in gas transmission or gathering who also operates gas distribution pipelines shall submit separate reports for these pipelines as required by sections (6) and (7) (191.9 and 191.11).

(9) Transmission Systems; Gathering Systems; Liquefied Natural Gas Facilities; and Underground Natural Gas Storage Facilities-Federal Incident Report. (191.15)

(A) Transmission or gathering.

1. Each operator of a transmission or a regulated onshore gathering pipeline system must submit U.S. Department of Transportation Form PHMSA F 7100.2 as soon as practicable but not more than thirty (30) days after detection of an incident required to be reported under section (3). (191.5) See the report submission requirements in subsection (5)(A). The incident report form (revised January 2020) is incorporated by reference in subsection (5)(G).

2. Each operator of a reporting-regulated gathering pipeline system must submit U.S. Department of Transportation Form PHMSA F 7100.2-2 as soon as practicable but not more than thirty (30) days after detection of an incident required to be reported under section (3) (191.5) that occurs after May 16, 2022. See the report submission requirements in subsection (5)(A). The incident report form (revised March 2022) is incorporated by reference in subsection (5)(G).

(B) LNG. Each operator of a liquefied natural gas plant or facility must submit U.S. Department of Transportation Form PHMSA F 7100.3 as soon as practicable but not more than thirty (30) days after detection of an incident required to be reported under section (3) (191.5). See the report submission requirements in subsection (5)(A). The incident report form (revised April 2019) is incorporated by reference in subsection (5)(G).

(C) Underground natural gas storage facility. Each operator of an UNGSF must submit U.S. Department of Transportation Form PHMSA F 7100.2 as soon as practicable but not more than thirty (30) days after detection of an incident required to be reported under section (3). (191.5) See the report submission requirements in subsection (5)(A). The incident report form (revised January 2020) is incorporated by reference in subsection (5)(G).

(D) Supplemental Report. Where additional related information is obtained after an operator submits a report under subsection (9)(A), (9)(B), or (9)(C), the operator must make a supplemental report as soon as practicable with a clear reference by date to the original report.

(10) Transmission Systems; Gathering Systems; Liquefied Natural Gas Facilities; and Underground Natural Gas Storage Facilities- Annual Report. (191.17)

(A) Transmission or gathering.

1. Each operator of a transmission or a regulated onshore gathering pipeline system must submit an annual report for that system on U.S. Department of Transportation Form PHMSA F 7100.2-1. This report must be submitted each year, not later than March 15, for the preceding calendar year. See the report submission requirements in subsection (5)(A). The annual report form (revised October 2021) is incorporated by reference in subsection (5)(G).

2. Type R gathering. Beginning with an initial annual report submitted in March 2023 for the 2022 calendar year, each operator of a reporting-regulated gas gathering pipeline system must submit an annual report for that system on U.S. Department of Transportation Form PHMSA F 7100.2-3. This report must be submitted each year, not later than March 15, for the preceding calendar year. See the report submission requirements in subsection (5)(A). The annual report form (revised March 2022) is incorporated by reference in subsection (5)(G).

(B) LNG. Each operator of a liquefied natural gas facility must submit an annual report for that system on U.S. Department of Transportation Form PHMSA F 7100.3-1 This report must be submitted each year, not later than March 15, for the preceding calendar year. See the report submission requirements in subsection (5)(A). The annual report form (revised October 2014) is incorporated by reference in subsection (5)(G).

(C) Underground natural gas storage facility. Each operator of an UNGSF must submit an annual report through U.S. Department of Transportation Form PHMSA 7100.4-1. This report must be submitted each year, no later than March 15, for the preceding calendar year. See the report submission requirements in subsection (5)(A). The annual report form (August 2017) is incorporated by reference in subsection (5)(G).

(11) National Registry of Pipeline and LNG Operators (191.22)

(A) OPID Request.

1. Effective January 1, 2012, each operator of a gas pipeline, gas pipeline facility, UNGSF, LNG plant, or LNG facility must obtain from PHMSA an Operator Identification Number (OPID). An OPID is assigned to an operator for the pipeline, pipeline facility, or pipeline system for which the operator has primary responsibility. To obtain an OPID, an operator must complete an OPID Assignment Request (U.S. Department of Transportation Form PHMSA F 1000.1) through the National Registry of Operators at https://portal.phmsa.dot.gov unless an alternative reporting method is authorized in accordance with subsection (5)(D). A copy of each submission to PHMSA must also be submitted concurrently to designated commission personnel-see addresses in subsection (5)(E).

2. The OPID Assignment Request form ( January 2020) is incorporated by reference in subsection (5)(G).

(B) OPID Validation. An operator who has already been assigned one (1) or more OPIDs by January 1, 2011, must validate the information associated with each OPID through the National Registry of Operators at https://portal.phmsa.dot.gov, and correct that information as necessary, no later than September 30, 2012 (PHMSA Advisory Bulletin ADB-2012-04 extended the deadline from June 30, 2012, to September 30, 2012).

(C) Changes. Each operator of a gas pipeline, gas pipeline facility, UNGSF, LNG plant, or LNG facility must notify PHMSA electronically through the National Registry of Operators at https://portal.phmsa.dot.gov of certain events. A copy of each online notification must also be submitted concurrently to designated commission personnel-see addresses in subsection (5)(E).

1. An operator must notify PHMSA of any of the following events not later than sixty (60) days before the event occurs:

A. Construction or any planned rehabilitation, replacement, modification, upgrade, uprate, or update of a facility, other than a section of line pipe, that costs ten (10) million dollars or more. If sixty- (60-) day notice is not feasible because of an emergency, an operator must notify PHMSA as soon as practicable;

B. Construction of ten (10) or more miles of a new pipeline;

C. Construction of a new LNG plant, LNG facility, or UNGSF;

D. Maintenance of an UNGSF that involves the plugging or abandonment of a well, or that requires a workover rig and costs two hundred thousand dollars ($200,000) or more for an individual well, including its wellhead. If sixty- (60-) day notice is not feasible due to an emergency, an operator must promptly respond to the emergency and notify PHMSA as soon as practicable;

E. Reversal of product flow direction when the reversal is expected to last more than thirty (30) days. This notification is not required for pipeline systems already designed for bi-directional flow; or

F. A pipeline converted for service under 20 CSR 4240-40.030(1)(H) (192.14), or a change in commodity as reported on the annual report as required by section (10) (191.17).

2. An operator must notify PHMSA of any of the following events not later than sixty (60) days after the event occurs:

A. A change in the primary entity responsible (i.e., with an assigned OPID) for managing or administering a safety program required by this rule covering pipeline facilities operated under multiple OPIDs;

B. A change in the name of the operator;

C. A change in the entity (e.g., company, municipality) responsible for an existing pipeline, pipeline segment, pipeline facility, UNGSF, or LNG facility;

D. The acquisition or divestiture of fifty (50) or more miles of a pipeline or pipeline system subject to 20 CSR 4240-40.030; or

E. The acquisition or divestiture of an existing UNGSF, or an LNG plant, or LNG facility subject to 49 CFR Part 193

(D) Reporting. An operator must use the OPID issued by PHMSA for all reporting requirements covered under 20 CSR 4240-40.020, 40.030, 40.033, and 40.080, and for submissions to the National Pipeline Mapping System.

(12) Reporting Safety-Related Conditions. (191.23)

(A) Except as provided in subsection (12)(B), each operator must report in accordance with section (13) (191.25) the existence of any of the following safety-related conditions involving facilities in service:

1. In the case of the pipeline (other than an LNG facility) that operates at a hoop stress of twenty percent (20%) or more of its specified minimum yield strength, general corrosion that has reduced the wall thickness to less than that required for the maximum allowable operating pressure and localized corrosion pitting to a degree where leakage might result;

2. In the case of an UNGSF, general corrosion that has reduced the wall thickness of any metal component to less than that required for the well's maximum operating pressure, or localized corrosion pitting to a degree where leakage might result;

3. Unintended movement or abnormal loading by environmental causes, such as an earthquake, landslide or flood, that impairs the serviceability of a pipeline or the structural integrity or reliability of an UNGSF, or an LNG facility that contains, controls, or processes gas or LNG;

4. Any crack or other material defect that impairs the structural integrity or reliability of an UNGSF or an LNG facility that contains, controls, or processes gas or LNG;

5. Any material defect or physical damage that impairs the serviceability of a pipeline that operates at a hoop stress of twenty percent (20%) or more of its specified minimum yield strength or an UNGSF;

6. Any malfunction or operating error that causes the pressure, plus the margin (build-up) allowed for operation of pressure limiting or control devices, to exceed either the maximum allowable operating pressure of a distribution or gathering line, the maximum well allowable operating pressure of an UNGSF, or the maximum allowable working pressure of an LNG facility that contains or processes gas or LNG;

7. A leak in a pipeline, UNGSF, or LNG facility that contains or processes gas or LNG that constitutes an emergency;

8. Inner tank leakage, ineffective insulation, or frost heave that impairs the structural integrity of an LNG storage tank;

9. Any safety-related condition that could lead to an imminent hazard and causes (either directly or indirectly by remedial action of the operator), for purposes other than abandonment, a twenty percent (20%) or more reduction in operating pressure or shutdown of operation of a pipeline, UNGSF, or an LNG facility that contains or processes gas or LNG;

10. For transmission pipelines only, each exceedance of the maximum allowable operating pressure that exceeds the margin (build-up) allowed for operation of pressure-limiting or control devices as specified in the applicable requirements of 20 CSR 4240-40.030(4)(FF) and (13)(R) (192.201 and 192.739). The reporting requirement of this paragraph is not applicable to gathering lines, distribution lines, LNG facilities, or underground natural gas storage facilities (see paragraph (12)(A)6.); and

11. Any malfunction or operating error that causes the pressure of a UNGSF using a salt cavern for natural gas storage to fall below its minimum allowable operating pressure, as defined by the facility's State or Federal operating permit or certificate, whichever pressure is higher.

(B) A report is not required for any safety-related condition that-

1. Exists on a master meter system, a reporting-regulated gathering pipeline, a Type C gas gathering pipeline with an outside diameter of 12.75 inches or less, a Type C gathering pipeline covered by the exception in 49 CFR 192.9(f)(1), or a customer-owned service line;

2. Is an incident or results in an incident before the deadline for filing the safety-related condition report;

3. Exists on a pipeline (other than an UNGSF or an LNG facility) that is more than two hundred twenty (220) yards (two hundred (200) meters) from any building intended for human occupancy or outdoor place of assembly, except that reports are required for conditions within the right-of-way of an active railroad, paved road, street, or highway;

4. Exists on an UNGSF, where a well or wellhead is isolated, allowing the reservoir or cavern and all other components of the facility to continue to operate normally and without pressure restriction; or

5. Is corrected by repair or replacement in accordance with applicable safety standards before the deadline for filing the safety-related condition report. Notwithstanding this exception, a report must be filed for-

A. Conditions under paragraph (12)(A)1., unless the condition is localized corrosion pitting on an effectively coated and cathodically protected pipeline; and

B. Any condition under paragraph (12)(A)10.

(13) Filing Safety-Related Condition Reports. (191.25)

(A) Each report of a safety-related condition under paragraphs (12)(A)1.-9. must be filed (received by the Associate Administrator, Office of Pipeline Safety at PHMSA and designated commission personnel) in writing within five (5) working days (not including Saturday, Sunday, or federal holidays) after the day a representative of the operator first determines that the condition exists, but not later than ten (10) working days after the day a representative of the operator discovers the possibility of a condition. Separate conditions may be described in a single report if they are closely related. Reporting methods and report requirements are described in subsection (13)(C).

(B) Each report of a maximum allowable operating pressure exceedance meeting the requirements of criteria in paragraph (12)(A)10. for a gas transmission pipeline must be filed (received by the Associate Administrator, Office of Pipeline Safety at PHMSA and designated commission personnel) in writing within five (5) calendar days of the exceedance using the reporting methods and report requirements described in subsection (13)(C).

(C) Reports must be filed by email to InformationResourcesManager@dot.gov or by facsimile to (202) 366-7128 for the Office of Pipeline Safety, and by email to PipelineSafetyProgramManager@psc.mo.gov or by facsimile to (573) 522-1946 for designated commission personnel. For a report made pursuant to paragraphs (12)(A)1.-9., the report must be headed "Safety-Related Condition Report." For a report made pursuant to paragraph (12)(A)10., the report must be headed "Maximum Allowable Operating Pressure Exceedances." All reports must provide the following information:

1. Name, principal address, and operator identification number (OPID) of the operator;

2. Date of report;

3. Name, job title, and business telephone number of the person submitting the report;

4. Name, job title, and business telephone number of the person who determined that the condition exists;

5. Date the condition was discovered and date the condition was first determined to exist;

6. Location of the condition, with reference to the state (and town, city, or county), and as appropriate, nearest street address, survey station number, milepost, landmark, or name of pipeline;

7. Description of the condition, including circumstances leading to its discovery, any significant effects of the condition on safety, and the name of the commodity transported or stored; and

8. The corrective action taken (including reduction of pressure or shutdown) before the report is submitted and the planned followup or future corrective action, including the anticipated schedule for starting and concluding such action.

(14) National Pipeline Mapping System (NPMS). (191.29)

(A) Each operator of a gas transmission pipeline or liquefied natural gas facility must provide the following geospatial data to PHMSA for that pipeline or facility:

1. Geospatial data, attributes, metadata, and transmittal letter appropriate for use in the National Pipeline Mapping System. Acceptable formats and additional information are specified in the NPMS Operator Standards Manual available at www.npms.phmsa.dot.gov or by contacting the PHMSA geographic information systems manager at (202) 366-4595;

2. The name of and address for the operator; and

3. The name and contact information of a pipeline company employee, to be displayed on a public website, who will serve as a contact for questions from the general public about the operator's NPMS data.

(B) The information required in subsection (14)(A) must be submitted each year, on or before March 15, representing assets as of December 31 of the previous year. If no changes have occurred since the previous year's submission, the operator must comply with the guidance provided in the NPMS Operator Standards manual available at www.npms.phmsa.dot.gov or contact the PHMSA geographic information systems manager at (202) 366-4595.

(C) This section does not apply to gathering pipelines.

20 CSR 4240-40.020

AUTHORITY: sections 386.250, 386.310, and 393.140, RSMo 2016.* This rule originally filed as 4 CSR 240-40.020. Original rule filed Feb. 5, 1970, effective Feb. 26, 1970. Amended: Filed Dec. 19, 1975, effective Dec. 29, 1975. Amended: Filed Feb. 8, 1985, effective Aug. 11, 1985. Rescinded and readopted: Filed May 17, 1989, effective Dec. 15, 1989. Amended: Filed Oct. 7, 1994, effective May 28, 1995. Amended: Filed April 9, 1998, effective Nov. 30, 1998. Amended: Filed Dec. 14, 2000, effective May 30, 2001. Amended: Filed Oct. 15, 2007, effective April 30, 2008. Amended: Filed Nov. 29, 2012, effective May 30, 2013. Amended: Filed Nov. 14, 2016, effective June 30, 2017. Amended: Filed June 4, 2018, effective Jan. 30, 2019. Moved to 20 CSR 4240-40.020, effective Aug. 28, 2019.

Amended by Missouri Register June 1, 2020/Volume 45, Number 11, effective 7/31/2020

Amended by Missouri Register December 1, 2021/Volume 46, Number 23, effective 1/29/2022

Amended by Missouri Register January 17, 2023/Volume 48, Number 2, effective 2/28/2023

*Original authority: 386.250, RSMo 1939, amended 1963, 1967, 1977, 1980, 1987, 1988, 1991, 1993, 1995, 1996; 386.310, RSMo 1939, amended 1979, 1989, 1996; and 393.140, RSMo 1939, amended 1949, 1967.