1. (a) Definitions. As used in this section:

   1. (1) “Jurisdictional pipeline” means any onshore hazardous liquid pipeline regulated under federal regulation 49 C.F.R. pt. 195, as amended, which is within the jurisdiction of the Oil and Gas Commission (commission) in accordance with Arkansas Code § 15-71-110, as amended;
   2. (2) “Nonjurisdictional pipeline” means any onshore hazardous liquid pipeline, including but not limited to flowlines, or gathering lines, not under jurisdiction of federal regulation 49 C.F.R. pt. 195, as amended, which is within the jurisdiction of the commission in accordance with Arkansas Code § 15-71-110, as amended;

   3. (3) “Perennial stream” means:

      1. (A) A stream that has flowing water year-round during a typical year;
      2. (B) The water table is located above the stream bed for most of the year;
      3. (C) Groundwater is the primary source of water for stream flow; and
      4. (D) Runoff from rainfall is a supplemental source of water for stream flow;
   4. (4) “PHMSA” means the Pipeline and Hazardous Materials Safety Administration of the United States Department of Transportation;
   5. (5) “Pipeline operator” means any person who owns or operates and is responsible for the construction, operation, and maintenance of a hazardous liquid pipeline which transports hazardous liquid from a point of beginning to severance the well within the jurisdiction of the commission in accordance with Arkansas Code § 15-71-110, as amended; and
   6. (6) “Unusually sensitive area (USA)" means a drinking water or ecological resource area that is unusually sensitive to environmental damage from a hazardous liquid pipeline release, as identified under 49 C.F.R. § 195.6.

2. (b) Applicability.

   1. (1) For purposes of this part, the jurisdiction of the commission, as specified in Arkansas Code § 15-71-110, as amended, extends to and includes:

      1. (A) The gathering, storage, and transportation of crude oil, refined products, and CO₂: and
      2. (B) Any other product in liquid form during transportation by pipeline subject to 49 U.S.C. § 60101, as defined in Arkansas Code § 15-71-110, as amended.
   2. (2) Every pipeline operator transporting hazardous liquids by pipeline is subject to the applicable provisions of this part except for crude oil pipelines from a permitted oil well, to a lease stock tank located on the well pad, lease, or production unit which are exempt from the provisions of this part.

3. (c) General Requirements for all jurisdictional and nonjurisdictional pipelines.

   1. (1)

      1. (A) Each pipeline operator shall apply, on a form prescribed by the Director of Production and Conservation, for an initial statewide permit to construct, maintain, and operate a hazardous liquid pipeline system.
      2. (B) The initial permit application shall contain at a minimum the following:

4. (i) Name, address, and contact information for the pipeline operator;

   1. (ii) Map, in electronic form or other media acceptable to the director, showing the location of all hazardous liquid pipelines from the point of initial jurisdiction through any gathering or processing equipment or treating facility, pumping station, storage tank or tanks, and to the termination point of the jurisdiction of the commission, including all public road, railroads, and perennial stream and river crossings;

      1. (iii) A determination as to what pipelines are jurisdictional.
   2. (2) Each pipeline operator shall be required to submit an annual permit renewal by January 31 of each year.

   3. (3)

      1. (A) The renewal permit shall include a revised pipeline map, if applicable, showing any new pipeline additions constructed or pipelines properly abandoned during the previous year, an annual report on a form prescribed by the director, and a permit renewal fee in accordance with subdivision (c)(1)(B)(iv) of this section.
      2. (B) The renewal permit shall also contain the pipeline operator’s determination as to which pipelines are jurisdictional.

   4. (4)

      1. (A) Each pipeline operator shall submit a Notice of Construction or Repair, on a form prescribed by the director, prior to commencing construction of a new pipeline or pipeline segment or within forty-eight hours (48) hours after completing repair to an existing pipeline, for each segment or project length of pipeline constructed during the year.
      2. (B) The notice shall indicate the location and extent of the hazardous liquid pipelines to be constructed or repaired.

   5. (5)

      1. (A) Each pipeline operator shall notify the director, or his or her designee, within five (5) calendar days of exceeding any hazardous liquid pipeline’s established maximum allowable operating pressure.
      2. (B) This shall be submitted on a form prescribed by the director.

   6. (6)

      1. (A) Each pipeline operator shall, at the earliest practicable moment, give notice to the commission of a release of any hazardous liquid, anhydrous ammonia, or carbon dioxide from any pipeline and submit a Notice of Incident, on a form prescribed by the director, for each incident of release due to pipeline failure which results in:

         1. (i) A death or personal injury requiring inpatient hospitalization;
         2. (ii) Either a fire or explosion not intentionally set by the operator;
         3. (iii) Estimated property damage, including cost of cleanup and recovery, value of lost product, and damage to the property of the operator or others, or both, exceeding twenty-five thousand dollars ($25,000);
         4. (iv) Pollution of any stream, river, lake, reservoir, or other similar body of water that violated applicable water quality standards, caused a discoloration of the surface of the water or adjoining shoreline, or deposited a sludge or emulsion beneath the surface of the water or upon adjoining shorelines;
         5. (v) A release of five (5) or more barrels of crude oil or product from a pipeline; or
         6. (vi) An event that is significant, in the judgment of the operator, even though it did not meet the criteria of subdivisions (c)(6)(A)(i), (ii), (iii), (iv), or (v) of this section.

      2. (B) The notice required in subdivision (c)(6)(A) of this section shall be sent via phone or email to the commission regional office for the county where the event occurred, no later than two (2) hours after discovery and include the following information:

         1. (i) Company/operator name;
         2. (ii) Location of accident;
         3. (iii) Time and date of accident;
         4. (iv) Fatalities or personal injuries;
         5. (v) Phone number of operator;
         6. (vi) Telephone number of the operator's onsite person;
         7. (vii) Other significant facts relevant to the accident, such as ignition, explosion, rerouting of traffic, evacuation of any building, and media interest.
      3. (C) Following an incident reported as required by this section, the operator of the pipeline shall submit a Notice of Incident, on a form prescribed by the director for the incident due to hazardous liquid pipeline failure, within ten (10) business days.

      4. (D)

         1. (i) Line markers must be located at each public road crossing, at each railroad crossing, and in sufficient number along the remainder of each buried line so that its location is accurately known.
         2. (ii) The marker must state at least the following on a background of sharply contrasting color:
5. (a) (a) The word “Warning,” “Caution,” or “Danger” followed by the words “Petroleum (or the name of the hazardous liquid transported) Pipeline”, “Anhydrous Ammonia” or “Carbon Dioxide Pipeline,” all of which, except for markers in heavily developed urban areas, must be in letters at least one inch (1") (25 millimeters) high with an approximate stroke of one-quarter inch (1⁄4") (6.4 millimeters).

6. (b) (b) The name of the operator and a telephone number (including area code) where the operator can be reached at all times.

   1. (7) Every pipeline operator shall be a member of a qualified One Call Center system.

      1. (d) Requirements for all nonjurisdictional pipelines.

   2. (1)

      1. (A) All pipelines crossing any stream or stream bed shall comply with applicable state rules and federal regulations.
      2. (B) Additionally, any stream crossing of perennial streams, constructed on or after December 16, 2007, shall maintain a minimum of fifty feet (50') of undisturbed stream bank for the protection of the stream.
      3. (C) However, the fifty feet (50') of undisturbed stream bank requirement may be modified by the director provided that the pipeline operator provides proof that the pipeline operator has received approval for the crossing from a state or federal agency.

   3. (2)

      1. (A) Each pipeline operator shall place and maintain appropriate pipeline signage.
      2. (B) Pipeline markers must be located at each public road crossing, at each railroad crossing, and in sufficient number along the remainder of each buried line so that its location is accurately known.

      3. (C) The marker must state at least the following on a background of sharply contrasting color:

         1. (i) The word “Warning,” “Caution,” or “Danger” followed by the words “Petroleum (or the name of the hazardous liquid transported) Pipeline”, “Anhydrous Ammonia” or “Carbon Dioxide Pipeline,” all of which, except for markers in heavily developed urban areas, must be in letters at least one inch (1") (25 millimeters) high with an approximate stroke of one-quarter inch (1⁄4") (6.4 millimeters);
         2. (ii) The name of the operator and a telephone number (including area code) where the operator can be reached at all times.
   4. (3) All pipelines constructed after the effective date of this part shall be buried at least twenty-four inches (24") below ground surface or in accordance with other applicable state or federal laws.

7. (e) Requirements for jurisdictional pipelines.

   1. (1) All jurisdictional pipelines shall be in compliance with construction, operation, and maintenance and reporting requirements contained in federal regulation 49 C.F.R. pt. 195, as amended, which are herein incorporated by reference.
   2. (2) All reports submitted to the Department of Transportation from jurisdictional pipeline operators shall be concurrently submitted to the commission.
   3. (3) All pipeline operators of jurisdictional pipelines shall be subject to the applicable drug and alcohol testing requirements contained in federal regulation 49 C.F.R. pt. 199, as amended.
   4. (4) Any pipeline operator determined to be in violation of 49 C.F.R. pt. 195 may be subject to civil penalties up to the amount set forth in 49 C.F.R. pt. 190 pursuant to the procedures set forth in 49 C.F.R. pt. 190 and 15 CAR § 275-104 as applicable.

8. (f) Additional requirements.

   1. (1)

      1. (A) Additional requirements for pipeline operators of intrastate hazardous liquids pipelines, a hazardous liquids pipeline facility, an intrastate carbon dioxide pipeline, an anhydrous ammonia pipeline, or an anhydrous ammonia pipeline facility shall be included when any part of the pipelines or facilities are located within one thousand feet (1,000') of a public school building containing classrooms, or

      2. (B) Within one thousand feet (1,000') of any other public school facility where students congregate or within one thousand feet (1,000') of any hospital, long-term care facility, public park, event center, or stadium, any pipeline or facility referenced in subdivision (f)(1)(A) of this section shall comply with the following:

         1. (i) File with the commission in the initial pipeline permit application the following information:
9. (a) (a) The name of the school, public school facility, hospital, long-term care facility, public park, event center, or stadium;

10. (b) (b) The street address of the public school building, public school facility, hospital, long-term care facility, public park, event center, or stadium; and

    1. (c) (c) The identification (system name) of the pipeline;

       1. (ii) File with the commission, on an annual basis, any updates to the above information on an ongoing basis for the duration of the pipeline or facility operation.

    2. (2)

       1. (A) Any pipeline or facility referenced in subdivision (f)(1)(A) and (f)(1)(B) of this section shall have a written pipeline emergency response plan pertinent to the relevant school, school facility, hospital, long-term care facility, public park, event center, or stadium.

       2. (B) The plan shall contain the following:

          1. (i) A description and map of the pipeline facilities that are within one thousand feet (1,000') of the school building, school facility, hospital, long-term care facility, public park, event center, or stadium or facility;
          2. (ii) A list of any product or products transported in the segment of the pipeline that is within one thousand feet (1,000') of the school facility;
          3. (iii) The designated emergency number for the pipeline facility operator;
          4. (iv) Information on the state's excavation one-call system;
          5. (v) Information on how to recognize, report, and respond to a product release.
    3. (3) The pipeline operator shall provide a copy of the pipeline emergency response plan to the commission and mail by certified mail, return receipt requested, to the superintendent of the school district, mayor’s office, event center, and stadium manager where the school, school facility, hospital, long-term care facility, public park, event center, or stadium is located.

    4. (4)

       1. (A) The pipeline operator shall make every effort to meet with the appropriate official to explain the pipeline emergency response plan.
       2. (B) All records documenting compliance with the requirements of this section, including documentation of any meetings or acknowledgment of receipt by the school district superintendent, or both, shall be retained for five (5) years from the date of the event that is commemorated by the record.
       3. (C) Records of certified mail transmissions undertaken in compliance with this section satisfy the recordkeeping requirements of this subsection.

11. (g) Enforcement.

    1. (1) Any regulated entity engaged in the operation of hazardous liquid pipelines are subject to the issuance of a notice of violation of any statutes or any rule or permit condition of the commission with respect to the hazardous liquid pipelines covered by this part.
    2. (2) In accordance with Arkansas Code § 15-72-103(c), any person knowingly and willfully aiding or abetting any other person in the violation of any statute relating to the violation of any provision of the state statutes, or any rule, order, or permit condition dealing with hazardous liquid pipelines covered by this part, shall be subject to the same penalties as are prescribed herein for the regulated entity.
    3. (3) All violations of this part shall be issued in accordance with 15 CAR § 275-104(a) – (f).

    4. (4) Civil penalties.

       1. (A) The director shall determine whether to request the assessment of civil penalties issued under this part with consideration given for compliance with applicable abatement requirements.
       2. (B) If a civil penalty is requested by the director, the regulated entity may voluntarily agree to the assessment and pay the civil penalty as requested or modified by the director, or the director may file an application, in accordance with 15 CAR §§ 275-101 and 275-102, and other applicable hearing procedures, to request the issuance of the requested civil penalty by the commission.

       3. (C)

          1. (i) The amount of the director’s requested civil penalty shall be based on the civil penalty amounts authorized by applicable federal law for violations of the United States Department of Transportation, Office of Pipeline Safety jurisdictional hazard liquid pipeline requirements.
          2. (ii) However, the commission is not bound by the director’s request and may impose civil penalties of up to the maximum amounts permitted by law.

Codification Notes: "CO₂" means carbon dioxide.