195.12—What requirements apply to low-stress pipelines in rural areas?
(a) General.
This section does not apply to a rural low-stress pipeline regulated under this part as a low-stress pipeline that crosses a waterway currently used for commercial navigation. An operator of a rural low-stress pipeline meeting the following criteria must comply with the safety requirements described in paragraph (b) of this section. The pipeline:
(2)
Is located in or within a half mile (.80 km) of an unusually sensitive area (USA) as defined in § 195.6; and
(i)
A stress level equal to or less than 20-percent of the specified minimum yield strength of the line pipe; or
(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.
(b) Requirements.
An operator of a pipeline meeting the criteria in paragraph (a) of this section must comply with the following safety requirements and compliance deadlines.
(1)
Identify all segments of pipeline meeting the criteria in paragraph (a) of this section before April 3, 2009.
(2)
Beginning no later than January 3, 2009, comply with the reporting requirements of subpart B for the identified segments.
(3)
(i)
Establish a written program in compliance with § 195.452 before July 3, 2009, to assure the integrity of the low-stress pipeline segments. Continue to carry out such program in compliance with § 195.452.
(ii)
To carry out the integrity management requirements in § 195.452, an operator may conduct a determination per § 195.452(a) in lieu of the half mile buffer.
(iii)
Complete the baseline assessment of all segments in accordance with § 195.452(c) before July 3, 2015, and complete at least 50-percent of the assessments, beginning with the highest risk pipe, before January 3, 2012.
(4)
Comply with all other safety requirements of this part, except subpart H, before July 3, 2009. Comply with subpart H before July 3, 2011.
(c) Economic compliance burden.
(1)
An operator may notify PHMSA in accordance with § 195.452(m) of a situation meeting the following criteria:
(iii)
The pipeline, when in operation, operates at a flow rate less than or equal to 14,000 barrels per day; and
(iv)
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 §§ 195.452(d) or 195.452(j).
(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.
(3)
When an operator notifies PHMSA in accordance with paragraph (c)(1) of this section, PHMSA will stay compliant with §§ 195.452(d) and 195.452(j)(3) 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.
(d) New unusually sensitive areas.
If, after July 3, 2008, an operator identifies a new unusually sensitive area and a segment of pipeline meets the criteria in paragraph (a) of this section, the operator must take the following actions:
(1)
Except for paragraph (b)(2) of this section and the requirements of subpart H, comply with all other safety requirements of this part before July 3, 2009. Comply with subpart H before July 3, 2011.
(2)
Establish the program required in paragraph (b)(2)(i) within 12 months following the date the area is identified. Continue to carry out such program in compliance with § 195.452; and
(3)
Complete the baseline assessment required by paragraph (b)(2)(ii) of this section according to the schedule in § 195.452(d)(3).
(e) Record Retention.
An operator must maintain records demonstrating compliance with each requirement according to the following schedule.
(1)
An operator must maintain the segment identification records required in paragraph (b)(1) of this section for the life of the pipe.
(2)
An operator must maintain the records necessary to demonstrate compliance with each requirement in paragraphs (b)(2) through (b)(4) of this section according to the record retention requirements of the referenced section or subpart.
[73 FR 31644, June 3, 2008, as amended by Amdt. 195-92, 74 FR 62506, Nov. 30, 2009]