Amendments to 16 NYCRR Part 255
NY-ADR
10/17/12 N.Y. St. Reg. PSC-42-12-00006-P
NEW YORK STATE REGISTER
VOLUME XXXIV, ISSUE 42
October 17, 2012
RULE MAKING ACTIVITIES
PUBLIC SERVICE COMMISSION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. PSC-42-12-00006-P
Amendments to 16 NYCRR Part 255
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
This is a consensus rule making to amend Part 255 of Title 16 NYCRR.
Statutory authority:
Public Service Law, sections 4(1), 66(1), 64, 65, 71, 72, 72-a, 75, 79 and 210
Subject:
Amendments to 16 NYCRR Part 255.
Purpose:
To adopt amendments to 16 NYCRR Part 255.
Text of proposed rule:
RESOLVED: That the provisions of Section 202(1) of the State Administrative Procedure Act and Section 101-a (2) of the Executive Law having been complied with, Title 16 of the Official Compilation of Codes, Rules and Regulations of the State of New York is amended, effective upon publication of a Notice of Adoption in the State Register, by revising Chapter III, Gas Utilities, Subchapter C, Safety, Part 255, Transmission and Distribution of Gas; by adding Sections 255.1001, 255.1003, 255.1005, 255.1007, 255.1009, 255.1011, 255.1013 and 255.1015, to read as follows:
§ 255.1001 Definitions that apply to sections 255.1003 through 255.1015.
The following definitions apply to a GDPIM plan:
(a) Excavation Damage.
(1) Excavation means any operation for the purpose of movement or removal of earth, rock, pavement or other materials in or on the ground by use of mechanized equipment or by blasting, including but not limited to, digging, auguring, backfilling, boring, drilling, grading, plowing in, pulling in, fence post or pile driving, tree root removal, sawcutting, jackhammering, trenching and tunneling; provided, however, that the following shall not be deemed excavation: the movement of earth by tools manipulated only by human or animal power; the tilling of soil for agricultural purposes; vacuum excavation; and sawcutting and jackhammering in connection with pavement restoration of a previous excavation where only the pavement is involved.
(2) Damage means any destruction or severance of any underground facility or its protective coating, housing or other protective device or any displacement of or removal of support from any underground facility which would necessitate repair of such facility.
(b) Hazardous Leak means a leak as defined in section 255.811 of this Part.
(c) Gas Distribution Pipeline Integrity Management Plan or GDPIM plan means a written explanation of the mechanisms or procedures the operator will use to implement its GDPIM management program and to ensure compliance with sections 255.1003 through 255.1015.
(d) Gas Distribution Pipeline Integrity Management Program or GDPIM program means an overall approach by an operator to ensure the integrity of its gas distribution system.
(e) Mechanical fitting means a mechanical device used to connect sections of pipe. The term ‘‘Mechanical fitting’’ applies only to:
(1) Stab Type fittings;
(2) Nut Follower Type fittings;
(3) Bolted Type fittings; or
(4) Other Compression Type fittings.
(f) Small LPG Operator means an operator of a liquefied petroleum gas (LPG) distribution pipeline that serves fewer than 100 customers from a single source.
§ 255.1003 General requirements of a GDPIM plan.
Sections 255.1003 through 255.1015 prescribe the minimum requirements for a GDPIM program for any gas distribution pipeline covered under this part, including liquefied petroleum gas systems. A gas distribution operator, other than a small LPG operator, must follow the requirements in sections 255.1005 through 255.1013. A small LPG operator of a gas distribution pipeline must follow the requirements in section 255.1015.
§ 255.1005 Implementation requirements of a GDPIM plan.
No later than August 2, 2011 a gas distribution operator must develop and implement an GDPIM program that includes a written GDPIM plan as specified in section 255.1007.
§ 255.1007 Required elements of a GDPIM plan.
A written GDPIM plan must contain procedures for developing and implementing the following elements:
(a) Knowledge. An operator must demonstrate an understanding of its gas distribution system developed from reasonably available information.
(1) Identification of the characteristics of the pipeline’s design and operations and the environmental factors that are necessary to assess the applicable threats and risks to its gas distribution pipeline.
(2) Consideration of the information gained from past design, operations, and maintenance.
(3) Identification of the additional information needed and provide a plan for gaining that information over time through normal activities conducted on the pipeline (for example, design, construction, operations or maintenance activities).
(4) Development and implementation of a process by which the GDPIM program will be reviewed periodically and refined and improved as needed.
(5) Provision for the capture and retention of data on any new pipeline installed. The data must include, at a minimum, the location where the new pipeline is installed and the material of which it is constructed.
(b) Identify threats. The operator must consider the following categories of threats to each gas distribution pipeline:
(1) corrosion;
(2) natural forces;
(3) excavation damage;
(4) other outside force damage;
(5) material, weld or joint failure (including compression coupling);
(6) equipment failure;
(7) incorrect operation; and
(8) other concerns that could threaten the integrity of its pipeline.
An operator must consider reasonably available information to identify existing and potential threats. Sources of data may include, but are not limited to, incident and leak history, corrosion control records, continuing surveillance records, patrolling records, maintenance history, and excavation damage experience.
(c) Evaluate and rank risk. An operator must evaluate the risks associated with its distribution pipeline. In this evaluation, the operator must determine the relative importance of each threat and estimate and rank the risks posed to its pipeline. This evaluation must consider each applicable current and potential threat, the likelihood of failure associated with each threat, and the potential consequences of such a failure. An operator may subdivide its pipeline into regions with similar characteristics (e.g., contiguous areas within a distribution pipeline consisting of mains, services and other appurtenances; areas with common materials or environmental factors), and for which similar actions likely would be effective in reducing risk.
(d) Identify and implement measures to address risks. Determine and implement measures designed to reduce the risks from failure of its gas distribution pipeline. These measures would include an effective leak management program as required by sections 255.805 through 255.821, unless all leaks are repaired when found.
(e) Measure performance, monitor results, and evaluate effectiveness.
(1) Develop and monitor performance measures from an established baseline to evaluate the effectiveness of its GDPIM program. An operator must consider the results of its performance monitoring in periodically re-evaluating the threats and risks. These performance measures must include the following:
(i) Number of hazardous leaks either eliminated or repaired or total number of leaks if all leaks are repaired when found, categorized by cause;
(ii) Number of excavation damages;
(iii) Number of excavation tickets (receipt of information by the underground facility operator from the one-call notification center pursuant to Part 753 Protection of Underground Facilities, Subpart 753-5 One-Call Notification Systems of this Title);
(iv) Total number of leaks either eliminated or repaired, categorized by cause;
(v) Number of hazardous leaks either eliminated or repaired or total number of leaks if all leaks are repaired when found, categorized by material; and
(vi) Any additional measures the operator determines are needed to evaluate the effectiveness of the operator’s GDPIM program in controlling each identified threat.
(f) Periodic Evaluation and Improvement. An operator must reevaluate threats and risks on its entire pipeline and consider the relevance of threats in one location to other areas. Each operator must determine the appropriate period for conducting complete program evaluations based on the complexity of its system and changes in factors affecting the risk of failure. An operator must conduct a complete program re-evaluation at least every five years. The operator must consider the results of the performance monitoring in these evaluations.
(g) Report results. Report, on an annual basis, the four measures listed in paragraphs (e)(1)(i) through (e)(1)(iv) of this section, as part of the annual report required by 49 CFR Part 191.11.
§ 255.1009 Required report when compression couplings fail.
(a) Except as provided in paragraph (b) of this section, each operator of a distribution pipeline system must submit a report on each mechanical fitting failure, excluding any failure that results only in a nonhazardous leak, on a Department of Transportation Form PHMSA F–7100.1–2. The report(s) must be submitted in accordance with 49 CFR 191.12.
(b) The mechanical fitting failure reporting requirements in paragraph (a) of this section do not apply to the following:
(1) Small LPG operator as defined in section 255.1001; or
(2) LNG facilities.
§ 255.1011 Records an operator must keep.
An operator must maintain records demonstrating compliance with the requirements of sections 255.1003 through 255.1015 for at least 10 years. The records must include copies of superseded GDPIM plans developed under sections 255.1003 through 255.1015.
§ 255.1013 Deviations from required periodic inspections.
(a) An operator may propose to reduce the frequency of periodic inspections and tests required in this part on the basis of the engineering analysis and risk assessment required by this subpart.
(b) An operator must submit its proposal to the Public Service Commission as prescribed in 255.13(c). The Public Service Commission may accept the proposal on its own authority, with or without conditions and limitations, on a showing that the operator's proposal, which includes the adjusted interval, will provide an equal or greater overall level of safety.
(c) An operator may implement an approved reduction in the frequency of a periodic inspection or test only where the operator has developed and implemented an integrity management program that provides an equal or improved overall level of safety despite the reduced frequency of periodic inspections.
§ 255.1015 Requirements a small liquefied petroleum gas (LPG) operator must satisfy to implement a GDPIM plan.
(a) General. No later than August 2, 2011 the operator of a small LPG operator must develop and implement an GDPIM program that includes a written GDPIM plan as specified in paragraph (b) of this section. The GDPIM program for these pipelines should reflect the relative simplicity of these types of pipelines.
(b) Elements. A written GDPIM plan must address, at a minimum, the following elements:
(1) Knowledge. The operator must demonstrate knowledge of its pipeline, which, to the extent known, should include the approximate location and material of its pipeline. The operator must identify additional information needed and provide a plan for gaining knowledge over time through normal activities conducted on the pipeline (for example, design, construction, operations or maintenance activities).
(2) Identify threats. The operator must consider, at minimum, the following categories of threats (existing and potential): Corrosion, natural forces, excavation damage, other outside force damage, material or weld failure, equipment failure, and incorrect operation.
(3) Rank risks. The operator must evaluate the risks to its pipeline and estimate the relative importance of each identified threat.
(4) Identify and implement measures to mitigate risks. The operator must determine and implement measures designed to reduce the risks from failure of its pipeline.
(5) Measure performance, monitor results, and evaluate effectiveness. The operator must monitor, as a performance measure, the number of leaks eliminated or repaired on its pipeline and their causes.
(6) Periodic evaluation and improvement. The operator must determine the appropriate period for conducting GDPIM program evaluations based on the complexity of its pipeline and changes in factors affecting the risk of failure. An operator must re-evaluate its entire GDPIM program at least every five years. The operator must consider the results of the performance monitoring in these evaluations.
(c) Records. The operator must maintain, for a period of at least 10 years, the following records:
(1) A written GDPIM plan in accordance with this section, including superseded GDPIM plans;
(2) Documents supporting threat identification; and
(3) Documents showing the location and material of all piping and appurtenances that are installed after the effective date of the operator's GDPIM program and, to the extent known, the location and material of all pipe and appurtenances that were existing on the effective date of the operator's GDPIM program.
Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our website http://www.dps.state.ny.us/f96dir.htm. For questions, contact:
Leann Ayer, Public Service Commission, 3 Empire State Plaza, Albany, NY 12223-1350, (518) 486-2655, email: [email protected]
Data, views or arguments may be submitted to:
Jaclyn A. Brilling, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, NY 12223-1350, (518) 474-6530, email: [email protected]
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
This rule is being proposed as a consensus rule because, in accordance with State Administrative Procedure Act § 102(11)(b) and (c), it implements or conforms to non-discretionary provisions and makes technical changes or is otherwise non-controversial. This rulemaking proposes to amend Title 16 NYCRR Part 255, Transmission and Distribution of Gas, to conform with the Distribution Integrity management Rule (DIMR), which was adopted in Title 49, Code of Federal Regulations, Part 192, Transportation of Natural and Other Gas by Pipeline (49 CFR Part 192).
Title 16 NYCRR Part 255 is amended with the addition of sections 255.1001 through 255.1015 as follows:
• 16 NYCRR Part 255.1001 provides definitions that apply to the cited sections.
• 16 NYCRR Part 255.1003 sets forth the general requirements of a Gas Distribution Pipeline Integrity Management (GDPIM) program that must be followed by a gas distribution operator.
• 16 NYCRR Part 255.1005 requires development and implementation of GDPIM plan by a gas distribution operator.
• 16 NYCRR Part 255.1007 sets forth the required elements of GDPIM plan, which are to include:
• Demonstration by an operator of an understanding of its gas distribution system developed from reasonably available information.
• Identification by an operator of threats to each gas distribution pipeline with consideration of reasonably available information.
• Evaluation and determination of relative level by an operator of risks associated with its distribution pipeline.
• Identification and implementation by an operator of measures to address risks from failure of its distribution pipeline.
• Monitoring of results, measurement of performance, and evaluation of effectiveness by an operator of its GDPIM program.
• Periodic evaluation of threats and risk by an operator of the GDPIM program.
• Reporting by an operator of results.
• 16 NYCRR Part 255.1009 requires reports by an operator when compression couplings fail.
• 16 NYCRR Part 255.1011 enumerates records an operator must keep.
• 16 NYCRR Part 255.1013 establishes procedure to propose deviations from required periodic inspections.
• 16 NYCRR Part 255.1015 establishes modified requirements for small liquefied petroleum gas (LPG) operators for implementation of a satisfactory GDPIM plan.
The language of the proposed regulation differs from the Federal Regulation in minor part in:
• The definition of “hazardous leak” which cross references the definition of that term with that which appears in other areas of Part 255 in order to maintain consistency.
• The waiver process to recognize the authority and established procedures of the Public Service Commission.
• Utilization of the One-Call Notification System as the “notification center” for increased efficiency because Local Distribution Companies are required to participate in that system.
• The term “master meter” is removed because sub-metering is not recognized as a valid method of service.
The proposed rule will identify, and take measures to reduce, integrity risks to gas pipelines. It conforms the Commission’s regulations to federal regulations with which operators of gas distribution pipelines and small LPG operators must currently comply. Staff has discussed these proposed revisions with various stake holders. Based on communications with stakeholders, no person is likely to object to the adoption of the proposed rule as written. In accordance with the provisions of the State Administrative Procedure Act (SAPA) § 202(1)(b)(2)(i), this therefore, should be considered a consensus rule making.
Job Impact Statement
The Department of Public Service (DPS) projects that there will be no adverse impact on jobs or employment opportunities in the State of New York as a result of this proposed rule change. This proposed rule change simply conforms 16 NYCRR Part 255 with the Distribution Integrity Management Rule adopted in Title 49, Code of Federal Regulations, Part 192, Transportation of Natural Gas, with which gas operators and small liquid propane operators are currently required to comply. Nothing in this proposed rule change will create any adverse impacts on jobs or employment opportunities in the state. No further steps were needed to ascertain these facts and none were taken. As apparent from the nature and purpose of this proposed rule change, a full Job Impact Statement is not required and therefore one has not been prepared.
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