Kan. Admin. Regs. § 82-11-3 - Transportation of natural and other gas by pipeline; annual reports and incident reports
The federal regulations titled "transportation of natural and other gas by pipeline; annual reports, incident reports, and safety-related condition reports," 49 C.F.R. Part 191, as in effect on October 1, 2018, are hereby adopted by reference except for the following changes:
(a) The following provisions shall be
excluded from adoption:
(1) All portions that
include jurisdiction beyond the state of Kansas, including off-shore pipelines,
the outer continental shelf, and states other than Kansas;
(2)
49 C.F.R. 191.7;
(3)
49 C.F.R. 191.21; and
(4) all sections labeled
"reserved."
(b) The
following revisions shall be made to 49 C.F.R. 191.3:
(1) The following sentence shall be deleted:
"Administrator means the Administrator, Pipeline and Hazardous Materials Safety
Administration or his or her delegate."
(2) The definition of "LNG facility" shall be
deleted and replaced by the following: "means a pipeline facility that is used
for liquefying natural gas or synthetic gas or transferring, storing, or
vaporizing liquefied natural gas."
(c) The following revisions shall be made to
49 C.F.R. 191.5:
(1)
49 C.F.R. 191.5(b) shall
be deleted and replaced by the following:
"(b)
Each notice required by paragraph (a) of this section shall be made by
telephone to the gas pipeline safety section of the commission and to the U.S.
department of transportation. Both notices shall include the following
information:
(1) The names of the operator
and the person making the report and their telephone numbers;
(2) the location of the incident;
(3) the time of the incident;
(4) the 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."
(2) The following text shall be added to 49 C.F.R. 191.5:
"(d) Each operator shall notify
the gas pipeline safety section of the commission within one hour following
confirmed discovery of any incident, as defined in 49 C.F.R. Part 191 as
adopted by this regulation, within the operator's certified areas or operating
areas. If an incident occurs outside the commission's working hours of 8:00
a.m. through 5:00 p.m., Monday through Friday, or any other day on which the
commission office is not open, the operator shall contact a designated employee
of the gas pipeline safety section of the commission. Each operator shall have
a copy of the list of designated employees provided by the
Commission."
(d)
49 C.F.R. 191.9(a) shall be deleted and
replaced by the following:
"(a) Except as
provided in paragraph (c) of this section, each operator of a distribution
pipeline system shall submit U.S. department of transportation form RSPA F
7100.1 to the gas pipeline safety section of the commission as soon as
practicable but not more than 30 calendar days after detection of an incident
required to be reported under 49 C.F.R. 191.5 as adopted by this
regulation."
(e)
49 C.F.R. 191.9(b) shall be deleted and replaced by the following:
"(b) If additional relevant information is
required after the report is submitted under paragraph (a), each operator shall
submit to the commission a written report providing the additional information
pertaining to the incident within 15 calendar days of the commission's
request."
(f)
49 C.F.R. 191.11(a) shall be deleted and replaced by the following:
"(a) Except as provided in paragraph (b) of
this section, each operator of a distribution pipeline system shall submit an
annual report in duplicate for that system to the commission on U.S. department
of transportation form PHMSA F 7100.1-1. This report shall be submitted to the
gas pipeline safety section of the commission not later than March 1 of each
year, for the preceding calendar year. An operator may satisfy this filing
requirement by informing the gas pipeline safety section of the commission in
writing of the date of submission of form PHMSA F 7100.1-1 to the U.S.
department of transportation."
(g)
49 C.F.R. 191.12 shall be deleted and
replaced by the following: "As required by 49 C.F.R. 192.1009, as adopted by
K.A.R. 82-11-4, each mechanical fitting failure shall be submitted on a
Mechanical Fitting Failure Report Form PHMSA F-7100.1-2. An operator shall
submit a mechanical fitting failure report for each mechanical fitting failure
that occurs within a calendar year not later than March 1 of the following
year. Alternatively, an operator may elect to submit its reports throughout the
year. An operator shall report this information to the commission and the
Pipeline and Hazardous Materials Safety Administration by the March 1 reporting
date. An operator may satisfy this filing requirement by informing the gas
pipeline safety section of the commission in writing of the date of submission
of form PHMSA F-7100.1-2 to the U.S. department of transportation."
(h)
49 C.F.R. 191.15(a) shall be deleted and
replaced by the following: "(a) Except as provided in paragraph (c) of this
section, each operator of a transmission or a gathering pipeline system shall
submit U.S. department of transportation form PHMSA F 7100.2 to the commission
as soon as practicable but not more than 30 calendar days after detection of an
incident required to be reported under 49 C.F.R. 191.5 as adopted by this
regulation."
(i)
49 C.F.R. 191.15(d) shall be deleted and replaced by the following: " (d) If additional
relevant information is required by the commission after the report is
submitted under paragraph (a), (b) or (c), each operator shall submit to the
commission a written report providing the additional information pertaining to
the incident within 15 calendar days of the commission's request."
(j)
49 C.F.R. 191.17(a), (b), and (c) shall
be deleted and replaced by the following:
"(a)
Each operator of a transmission or gathering pipeline system shall submit an
annual report in duplicate for that system to the commission on U.S. department
of transportation form PHMSA F 7100.2.1. This report shall be submitted to the
gas pipeline safety section of the commission not later than March 1 of each
year, for the preceding calendar year. An operator may satisfy this filing
requirement by informing the gas pipeline safety section of the commission in
writing of the date of submission of form PHMSA F 7100.2.1 to the U.S.
department of transportation.
"(b)
Each operator of a liquefied natural gas facility shall submit an annual report
in duplicate for that system to the commission on U.S. department of
transportation form PHMSA F 7100.3-1. This report shall be submitted to the gas
pipeline safety section of the commission not later than March 1 of each year,
for the preceding calendar year. An operator may satisfy this filing
requirement by informing the gas pipeline safety section of the commission in
writing of the date of submission of form F 7100.3-1 to the U.S. department of
transportation.
"(c) Each operator
of an underground natural gas storage facility shall submit an annual report in
duplicate for that system to the commission on U.S. department of
transportation form PHMSA F 7100.4-1. This report shall be submitted to the gas
pipeline safety section of the commission not later than March 1 of each year,
for the preceding calendar year. An operator may satisfy this filing
requirement by informing the gas pipeline safety section of the commission in
writing of the date of submission of form PHMSA F 7100.4-1 to the U.S.
department of transportation."
(k)
49 C.F.R. 191.22(a) shall be deleted and
replaced with the following:
"(a) OPID
request. Effective January 1, 2012, each operator of a gas pipeline, gas
pipeline facility, underground natural gas storage facility, LNG plant or LNG
facility must obtain from PHMSA an Operator Identification Number (OPID). An
OPID is assigned to an operator for the pipeline or pipeline system for which
the operator has a primary responsibility."
(l)
49 C.F.R. 191.25(a) shall be deleted and
replaced with the following:
"(a) Each report
of a safety-related condition under 49 C.F.R. 191.23, as adopted by K.A.R.
82-11-3, must be filed (received by the gas pipeline safety section of the
commission) five business days after the day a representative of the operator
first determines that the condition exists, but not later than 10 business days
after the day a representative of the operator discovers the condition.
Separate conditions may be described in a single report if they are closely
related. Reports may be transmitted by electronic mail to: kccpipelinesafety@
kcc.ks.gov."
Notes
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