ARC 4173C

ARC 4173C

UTILITIES DIVISION[199]

Notice of Intended Action

Proposing rule making related to natural gas safety standards and providing an opportunity for public comment

The Utilities Board hereby proposes to amend Chapter 10, "Intrastate Gas and Underground Gas Storage," and Chapter 19, "Service Supplied by Gas Utilities," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is proposed under the authority provided in Iowa Code sections 476.2 and 479.1.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code chapters 476 and 479.

Purpose and Summary

Federal regulations require the Utilities Board, as an agent of the federal Pipeline and Hazardous Materials Safety Administration, to update its rules every two years so that the Board is applying the most recent federal regulations during inspections of natural gas pipelines. This proposed rule making updates the rules as required.

The Board issued an order commencing rule making on December 11, 2018. The order is available on the Board's electronic filing system under Docket No. RMU-2018-0003.

Fiscal Impact

This rule making has no fiscal impact to the State of Iowa.

Jobs Impact

Since this is an update of existing safety standards, this rule making should result in no impact on jobs.

Waivers

Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to rule 199—1.3(17A,474,476).

Public Comment

Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Board no later than 4:30 p.m. on January 8, 2019. Comments should be directed to:

Public Hearing

No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)"b," an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

The following rule-making actions are proposed:

Item 1. Amend subrule 10.12(1) as follows:

10.12(1) All pipelines, underground storage facilities, and equipment used in connection therewith shall be designed, constructed, operated, and maintained in accordance with the following standards:

a. 49 CFR Part 191, "Transportation of Natural and Other Gas by Pipeline; Annual Reports, Incident Reports, and Safety-Related Condition Reports," as amended through October 19, 2016[the effective date of this amendment].

b. 49 CFR Part 192, "Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards," as amended through October 19, 2016[the effective date of this amendment].

c. 49 CFR Part 199, "Drug and Alcohol Testing," as amended through October 19, 2016[the effective date of this amendment].

d. ASME B31.8 - 2007 2016, "Gas Transmission and Distribution Piping Systems."

e. and f. No change.

Conflicts between the standards established in paragraphs 10.12(1)"a" through "f" or between the requirements of rule 199—10.12(479) and other requirements which are shown to exist by appropriate written documentation filed with the board shall be resolved by the board.

Item 2. Amend subrule 19.2(5) as follows:

19.2(5) Annual, periodic and other reports to be filed with the board.

a. to f. No change.

g. Reports to federal agencies. Copies of reports submitted to the U.S. Department of Transportation pursuant to 49 CFR Part 191, Part 192, or Part 199, as amended through October 19, 2016[the effective date of this amendment], shall be filed with the board. Utilities operating in other states shall provide to the board data for Iowa only.

h. to k. No change.

Item 3. Amend subrule 19.5(2) as follows:

19.5(2) Standards incorporated by reference.

a. The design, construction, operation, and maintenance of gas systems and liquefied natural gas facilities shall be in accordance with the following standards where applicable:

(1)49 CFR Part 191, "Transportation of Natural and Other Gas by Pipeline; Annual Reports, Incident Reports, and Safety-Related Condition Reports," as amended through October 19, 2016[the effective date of this amendment].

(2)49 CFR Part 192, "Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards," as amended through October 19, 2016[the effective date of this amendment].

(3)49 CFR Part 193, "Liquefied Natural Gas Facilities: Federal Safety Standards," as amended through October 19, 2016[the effective date of this amendment].

(4)49 CFR Part 199, "Drug and Alcohol Testing," as amended through October 19, 2016[the effective date of this amendment].

(5)ASME B31.8 - 2007 2016, "Gas Transmission and Distribution Piping Systems."

(6)NFPA 59- 2004 2018, "Utility LP-Gas Plant Code."

(7)At railroad crossings, 199—42.7(476), "Engineering standards for pipelines."

b. The following publications are adopted as standards of accepted good practice for gas utilities:

(1)ANSI Z223.1/NFPA 54- 2015 2018, "National Fuel Gas Code."

(2)NFPA 501A- 2013 2017, "Standard for Fire Safety Criteria for Manufactured Home Installations, Sites, and Communities."

Item 4. Amend subrule 19.8(3) as follows:

19.8(3) Turning on gas. Each utility upon the installation of a meter and turning on gas or the act of turning on gas alone shall take the necessary steps to assure itself that there exists no flow of gas through the meter which is a warning that the customer's piping or appliances are not safe for gas turn on (Ref: Sec. 8.2.3 and Annex D, ANSI Z223.1/NFPA 54- 2015 2018).