Kan. Admin. Regs. § 82-11-4
The federal regulations titled "transportation of natural and other gas by pipeline: minimum federal safety standards," 49 C.F.R. Part 192, including appendices B, C, D, and E, as in effect on October 1, 2018, are hereby adopted by reference with the following changes:
(a) The following provisions shall be excluded from adoption:
(b) The following provisions shall be modified:
(1) The following definitions in 49 C.F.R. 192.3 shall be modified:
(7) 49 C.F.R. 192.199(h) shall be deleted and replaced by the following: "(h) Except for a valve that will isolate the system under protection from its source of pressure, shall be designed to prevent unauthorized access to or operation of any stop valve that will make the pressure-relief valve or pressure-limiting device inoperative including:
"(1) valves that would bypass the pressure regulator or relief devices; and
"(2) shut-off valves in regulator control lines that, if operated, would cause the regulator to be inoperative."
(10) The following subsection shall be added to 49 C.F.R. 192.317: "(d) Each existing aboveground pipeline shall be placed underground, with the following exceptions:
"(1) Regulator station piping;
"(2) bridge crossings;
"(3) aerial crossings or spans;
"(4) short segments of piping for valves intentionally brought above the ground, including risers, piping at compressor, processing or treating facilities, block gate settings, sectionalizing valves and district regulator sites;
"(5) distribution mains specifically designed to be above the ground and have the approval of the landowner to provide service to commercial customers from the aboveground main and associated service line or lines; or
"(6) pipelines in class 1 locations that were in natural gas service before May 1, 1989."
(11) The following shall be added to 49 C.F.R. 192.317: "(e) Each pipeline constructed after May 1, 1989, shall be placed underground, with the following exceptions:
"(1) Regulator station piping;
"(2) bridge crossings;
"(3) aerial crossings or spans;
"(4) short segments of piping for valves intentionally brought above ground, including risers, piping at compressor, processing or treating facilities, block gate settings, sectionalizing valves and district regulator sites; or
"(5) distribution mains specifically designed to be above ground and have the approval of the landowner to provide service to commercial customers from the aboveground main and associated service line or lines."
(12) 49 C.F.R. 192.453 shall be deleted and replaced by the following: "(a) The corrosion control procedures required by 49 C.F.R. 192.605(b)(2), including those for the design, installation, operation, and maintenance of cathodic protection systems, shall be carried out by, or under the direction of, a person qualified in pipeline corrosion control methods.
"(b) Any unprotected steel service or yard line found to have active corrosion shall be either provided with cathodic protection and monitored annually as required by this regulation or replaced. In areas where there is no active corrosion, each operator shall, at intervals not exceeding three years, reevaluate these pipelines.
"(c) In lieu of conducting electrical surveys on unprotected steel service lines and yard lines, each operator may implement one of the following options:
"(1) Conduct annual leakage surveys at intervals not exceeding 15 months, but at least once each calendar year, on all unprotected steel service lines and yard lines and initiate a program to apply cathodic protection for all unprotected steel service lines and yard lines; or
"(2) conduct annual leakage surveys at intervals not exceeding 15 months, but at least once each calendar year, on all unprotected steel service lines and yard lines and initiate a preventative maintenance program for replacement of service and yard lines. The preventative maintenance program to be used in conjunction with the annual leak survey of unprotected steel service and yard lines shall include the following:
"(A) After the annual leakage survey of all unprotected steel service and yard lines is completed, the operator shall prepare a summary listing of the leak survey results.
"(B) The summary listing shall include the number of leaks found and the number of lines replaced in a defined area.
"(C) An operator's replacement program for all service or yard lines in the defined area shall be initiated no later than when the sum of the number of unprotected steel service or yard lines with existing or repaired corrosion leaks and the number of unprotected steel service or yard lines already replaced due to corrosion equals 25% or more of the unprotected steel service or yard lines installed within that defined area.
"(D) The replacement program, once initiated for a defined area, shall be completed by an operator within 18 months.
"(E) Operators, at their option, may have separate preventative maintenance programs for service lines and yard lines but shall consistently follow their selection.
"(d) For a city of the third class, or a city having a population of 2,000 or less, which is an operator of a natural gas distribution system, a replacement program for unprotected steel yard lines may comply with paragraph (c)(2)(D) of this section or include the following requirements in their replacement plan:
"(1) Perform leakage surveys at six-month intervals;
"(2) Notify all customers in the defined area with a written recommendation that all unprotected steel yard lines should be scheduled for replacement; and
"(3) Replace all unprotected steel yard lines in the defined area that exhibit active corrosion."
(13) 49 C.F.R. 192.455(a) shall be deleted and replaced by the following: "(a) Except as provided in paragraphs (c) and (f) of this section, each buried, submerged pipeline, or exposed pipeline, installed after July 31, 1971, shall be protected against external corrosion by various methods, including the following:
"(1) An external protective coating meeting the requirements of 49 C.F.R. 192.461; and
"(2) A cathodic protection system designed to protect the pipeline in accordance with this subpart, installed and placed in operation within one year after completion of construction."
(14) 49 C.F.R. 192.457(b) shall be deleted and replaced by the following: "(b) Except for cast iron or ductile iron pipelines, each of the following buried, exposed or submerged pipelines installed before August 1, 1971, shall be cathodically protected in accordance with this subpart in areas in which active corrosion is found:
"(1) Bare or ineffectively coated transmission lines;
"(2) bare or coated pipes at compressor, regulator, and measuring stations; and
"(3) bare or coated distribution lines."
(18) The following shall be added to 49 C.F.R. 192.465: "(f) Electrical surveys shall be conducted in all areas, except the following:
"(1) Where the pipe lies under wall-to-wall pavement;
"(2) where the pipe is in a common trench with other utilities;
"(3) in areas with stray current; or
"(4) in areas where the pipeline is under pavement, regardless of depth, and more than two feet away from an unpaved area.
"(g) Where an electrical survey is excepted as listed in paragraph (f) of this section, the operator shall conduct leakage surveys using leak detection equipment in accordance with this regulation and evaluate for areas of active corrosion. The evaluation for active corrosion shall include review and analysis of leak repair records, corrosion monitoring records, exposed pipe inspection records, and the analysis of the pipeline environment.
"(h) For unprotected steel transmission lines and mains, a repair/replacement program shall be established based upon the number of leaks in a defined area."
(26) The following shall be added to 49 C.F.R. 192.603:
"(d) Each operator shall have regulator and relief valve test, maintenance and capacity calculation records in its possession whether the town border station is owned by the operator or by a wholesale supplier, if the supplier's relief valve capacity is utilized to provide protection for the operator's system.
"(e) Each operator shall be responsible for ensuring that all work completed by its consultants and contractors complies with this part."
(27) The following shall be added to 49 C.F.R. 192.605(b):
"(13) Classifying underground leaks according to this regulation.
"(14) Performing leakage surveys of underground pipelines.
"(15) Identifying conditions which will require patrols of a distribution system at intervals shorter than the maximum intervals listed in this regulation."
(29) 49 C.F.R. 192.617 shall be deleted and replaced by the following: "Investigation of failures. (a) Each operator shall establish procedures for analyzing accidents and failures, including:
"(1) The maintenance of records that contain information for each pipeline failure, including the type of pipe and the reason for failure.
"(2) The selection of samples of the failed facility or equipment for laboratory examination, where appropriate, for the purpose of determining the causes of the failure and minimizing the possibility of recurrence.
"(b) Each operator shall investigate each accident and failure."
(30) The following changes shall be made to 49 C.F.R. 192.620:
(31) 49 C.F.R. 192.625(f) shall be deleted and replaced by the following:
"(f) Each operator shall ensure the proper concentration of odorant and shall maintain records of these samplings for at least two years in accordance with this section. Proper concentration of odorant shall be ensured by conducting periodic sampling of combustible gases as follows:
"(1) Conduct monthly odorometer sampling of combustible gases at selected points in the system; and
"(2) Conduct sniff tests during each service call where access to a source of gas in the ambient air is readily available.
"(g) Operators of master meter systems may comply with this requirement by the following:
"(1) Receiving written verification from their gas source that the gas has the proper concentration of odorant; and
"(2) Conducting periodic sniff tests at the extremities of the system to confirm that the gas contains odorant."
(32) 49 C.F.R. 192.703 shall be deleted and replaced by the following: "General. (a) No person shall operate a segment of pipeline unless it is maintained in accordance with this subpart.
"(b) Odorometers and leak detection equipment shall be calibrated according to manufacturer's specifications. Leak detection equipment shall be tested monthly with a calibration gas of known hydrocarbon concentration, except that if equipment is not used, then testing with calibration gas shall be performed prior to the next use.
"(c) Each segment of pipeline that becomes unsafe shall be replaced, repaired or removed from service within five days of the operator being notified of the existence of the unsafe condition. Minimum requirements for response to each class of leak are as follows:
"(1) A class 1 leak requires immediate repair or continuous action until the conditions are no longer hazardous.
"(2) A class 2 leak shall be repaired within six months after detection. When the ground is frozen, a class 2 leak shall be monitored weekly to ensure that the leak will not represent a probable hazard and that it reasonably can be expected to remain nonhazardous.
"(3) A class 3 leak shall be rechecked at least every six months and repaired or replaced within 30 months.
"(d) Each operator shall inspect and classify all reports of gas leaks within two hours of notification.
"(e) Each underground leak shall be classified using the operator's underground leak classification procedure as follows:
"(1) A class 1 leak means a leak that represents an existing or probable hazard to persons or property, and requires immediate repair or continuous action until the conditions are no longer hazardous. This class of leak may include the following conditions:
"(A) Any leak which, in the judgment of operating personnel at the scene, is regarded as an immediate hazard;
"(B) any leak in which escaping gas has ignited;
"(C) any indication that gas has migrated into or under a building, or into a tunnel;
"(D) any percentage reading gas in air at the outside wall of a building, or where gas would likely migrate to an outside wall of a building;
"(E) any reading of 4% gas in air, or greater, in a confined space;
"(F) any reading of 4% gas in air, or greater, in a small substructure from which gas would likely migrate to the outside wall of a building; or
"(G) any leak that can be seen, heard, or felt, and which is in a location that may endanger the general public or property.
"(2) A class 2 leak means a leak that is nonhazardous at the time of detection, but justifies scheduled repair based on probable future hazard. This class of leak may include the following conditions:
"(A) any reading of 2% gas in air, or greater, under a sidewalk in a wall-to-wall paved area that does not qualify as a class 1 leak;
"(B) any reading of 5% gas in air, or greater, under a street in a wall-to-wall paved area that has significant gas migration and does not qualify as a class 1 leak;
"(C) any reading less than 4% gas in air in a small substructure from which gas would likely migrate creating a probable future hazard;
"(D) any reading between 1% gas in air and 4% gas in air in a confined space;
"(E) any reading on a pipeline operating at 30% SMYS, or greater, in a class 3 or 4 location, which does not qualify as a class 1 leak;
"(F) any reading of 4% gas in air, or greater, in a gas-associated substructure; or
"(G) any leak which, in the judgment of operating personnel at the scene, is of significant magnitude to justify scheduled repair.
"(3) A class 3 leak means a leak that is nonhazardous at the time of detection and can reasonably be expected to remain nonhazardous. This class of leak may include the following conditions:
"(A) any reading of less than 4% gas in air in a small gas-associated substructure;
"(B) any reading under a street in areas without wall-to-wall paving where it is unlikely the gas could migrate to the outside wall of a building; or
"(C) any reading of less than 1% gas in air in a confined space."
(33) 49 C.F.R. 192.721 shall be deleted and replaced by the following three paragraphs: "(a) The frequency with which pipeline facilities are patrolled shall be determined by the severity of the conditions which could cause failure or leakage, and the consequent hazards to public safety.
"(b) Intervals between patrols shall not be longer than those prescribed in the following table:
| Maximum Intervals Between Patrols | ||
| Location of Line | Mains in places or on structures where anticipated physical movement or external loading could cause failure or leakage | Mains at all other locations |
| Inside Business Districts | 4 ½ months, but at least four times each calendar year | 7 ½ months, but at least twice each calendar year |
| Outside Business Districts | 7 ½ months, but at least twice each calendar year | 18 months, but at least once each calendar year |
"(c) Service lines and yard lines shall be patrolled at least once every three calendar years at intervals not exceeding 42 months."
(34) 49 C.F.R. 192.723 shall be deleted and replaced by the following: "Distribution systems: leak surveys and procedures.
"(a) Each operator of a distribution system shall conduct periodic leakage surveys using leak detection equipment in accordance with this section. The leak detection equipment used for this survey shall utilize a continuously sampling technology.
"(b) The type and scope of the leakage control program shall be determined by the nature of the operations and the local conditions. A leakage survey using leak detection equipment shall be conducted on all distribution mains and shall meet the following minimum requirements:
"(1) In business districts, a leakage survey shall include tests of the atmosphere in gas, electric, telephone, sewer and water system manholes, at cracks in pavement and sidewalks, and at other locations providing an opportunity for finding gas leaks. This survey shall be conducted at intervals on the distribution mains within the business district as frequently as necessary as determined by the operator with the maximum interval between surveys not exceeding 15 months, but at least once each calendar year.
"(2) A leakage survey with leak detection equipment shall be conducted on the distribution mains outside the business areas. The survey shall be made as frequently as necessary, but it shall meet the following minimum requirements:
"i. Cathodically unprotected steel mains and ductile iron mains located in class 2, 3, and 4 areas shall be surveyed at least once each calendar year at intervals not exceeding 15 months.
"ii. Cathodically unprotected steel mains and ductile iron mains located in class 1 areas, cathodically protected bare steel mains, cast iron mains, and mains constructed of PVC plastic shall be surveyed at least once every three calendar years at intervals not exceeding 39 months.
"iii. Cathodically protected externally coated steel mains and mains constructed of polyethylene plastic shall be surveyed at least once every five calendar years at intervals not exceeding 63 months.
"(c) Except for the service lines and yard lines described in paragraph (d) of this section, a leakage survey using leak detection equipment shall be conducted for all service lines and yard lines as follows:
"(1) In business districts, this survey shall be conducted as frequently as necessary, as determined by the operator, with the maximum interval between surveys not exceeding 15 months, but at least once each calendar year.
"(2) Outside business districts, the survey shall be made as frequently as necessary, as determined by the operator, but it shall meet the following minimum requirements:
"i. Cathodically unprotected steel service or yard lines and service or yard lines constructed of PVC plastic, cast iron, or copper shall be surveyed at least once each calendar year at intervals not exceeding 15 months.
"ii. Cathodically protected bare steel service or yard lines shall be surveyed at least once every three years at intervals not exceeding 39 months.
"iii. Cathodically protected externally coated steel service or yard lines and service or yard lines constructed of polyethylene plastic shall be surveyed at least once every five calendar years at intervals not exceeding 63 months.
"(d) For yard lines more than 300 feet in length and operating at a pressure less than 10 p.s.i. gage, only the portion within 300 feet of a habitable dwelling shall be leak surveyed in accordance with these regulations.
"(e) Each operator's operations and maintenance manual shall state that company-designated employees are to be trained in and conduct vegetation leak surveys where vegetation is suitable to such analysis.
"(f) Each leakage survey record shall be kept for at least six years."
(35) The following shall be added to 49 C.F.R. 192.755: "(c) Each operator with cast iron piping shall institute all of the following for the purposes of evaluation and replacement of cast iron pipelines:
"(1) Each time a leak in the body of a cast iron pipe is discovered, collect a coupon from the joint of pipe that is leaking within five feet of the leak site.
"(2) Conduct laboratory analysis on all coupons to determine the percentage of graphitization. Using the following equation:
| Percent of Graphitization = | (Maximum Depth of Graphitization) | × 100 |
| (Wall Thickness) |
"(3) Replace at least one city block (approximately 500 feet) within 120 days of the operator's discovery of a leak in cast iron pipe due to external corrosion or each time the laboratory analysis of a coupon shows graphitization equal to or greater than the following:
| Diameter | Percent Graphitization |
| 2.0 inch | 25% |
| 3.0 inch and 4.0 inch | 60% |
| 6.0 inch and 8.0 inch | 75% |
| 10.0 inch or greater | 90% |
"(4) Submit coupons for analysis within 30 days of collection. Retain all sampling records for the life of the facility, but not less than five years.
"(5) For each operator with cast iron piping that is 3 inches or less in nominal diameter, have a replacement program that will remove all cast iron piping with nominal diameter of 3 inches and smaller from natural gas service by January 1, 2013."
(Authorized by and implementing K.S.A. 66-106 and 66-1,150; effective, T-82-10-28-88, Oct. 28, 1988; effective, T-82-2-25-89, Feb. 25, 1989; revoked, T-82-3-31-89, April 30, 1989; effective May 1, 1989; amended April 16, 1990; amended March 12, 1999; amended July 7, 2003; amended Jan. 25, 2008; amended June 26, 2009; amended Aug. 5, 2011; amended Jan. 9, 2015; amended Dec. 10, 2021.)