65-407 C.M.R. ch. 421
SUMMARY: This Rule establishes safety and operation requirements and enforcement procedures for Liquefied Petroleum Gas Distribution Systems.
| §1 | GENERAL PROVISIONS | 2 |
|---|---|---|
| A. Scope | 2 | |
| B. Applicable Codes | 2 | |
| C. LPG Operator Designation | 2 | |
| §2 | DEFINITIONS | 3 |
| A. Combustible Materials | 3 | |
| B. Corrosion | 3 | |
| C. Gas | 3 | |
| D. Jurisdictional LPG System | 3 | |
| E. LPG | 3 | |
| F. LPG Operator | 3 | |
| G. LPG Supplier | 3 | |
| H. Petroleum Gas | 3 | |
| §3 | UNDERGROUND FACILITIES DAMAGE PREVENTION PROGRAM | 4 |
| A. LPG Operator Participation | 4 | |
| B. Pipeline Facility Locator Training and Qualification | 4 | |
| C. System Maps | 4 | |
| D. Location of Underground Facilities Where Trenchless Technology Is Used | 4 | |
| §4 | JURISDICTIONAL SYSTEM INSTALLATION AND MAINTENANCE STANDARDS | 5 |
| A. Installation and Maintenance of Meters and Pressure Regulators | 5 | |
| B. Installation and Maintenance of Mains and Service Lines | 5 | |
| C. Directional Boring Operations | 6 | |
| D. Marking of Containers | 6 | |
| §5 | DOCUMENTATION REQUIREMENTS | 6 |
| A. Preservation of Records | 6 | |
| B. LPG Operator Documentation of Gas Odorization | 6 | |
| §6 | ENFORCEMENT PROCEDURES | 7 |
| A. Informal Disposition of Probable Violation | 7 | |
| B. Written Formal Notice of Probable Violation | 7 | |
| C. Response Options Open to Operator | 7 | |
| D. Commission Action | 7 | |
| E. Hazardous Facility Orders | 8 | |
| §7 | FEDERAL REGULATION WAIVERS | 9 |
This rule describes the requirements for the installation, maintenance, and safety related conditions of LPG pipeline facilities. This Chapter applies to any Jurisdictional LPG System that distributes LPG that falls within the scope of 49 C.F.R. §192.
1. The minimum standards governing the design, fabrication, installation, inspection, reporting, testing, and the safety aspects of operation and maintenance of Liquefied Petroleum Gas (LPG) distribution systems, including propane storage tanks, vaporizers, mains, and service lines up to the outlet of the customer's meter set assembly or at the connection to a customer's piping, whichever is further downstream, shall be the provisions of Parts 191 and 192 of Title 49 of the Code of Federal Regulations (CFR), including all amendments and revisions thereto.
a. In the application of LPG distribution safety rules within Maine, the 2004 edition of NFPA 58, LP-Gas Code is adopted by reference for the enforcing of the provisions of 49 CFR §192.11, except that the following sections of NFPA 58, 2004 are not adopted:
i. 6.6.7 Installation of Containers on Roofs of Buildings; and ii. Chapter 14 Operations and Maintenance, with the exception of 14.3.3 Maintenance of Fire Protection Equipment, which is adopted.
2. Installation of LPG supply containers on the roofs of buildings within pipeline systems in Maine is prohibited. Requirements for the preparation and revision of LPG systems operation and maintenance plans for gas pipelines within the State of Maine shall be in accordance with the provisions of 49 CFR §192.605.
3. Where this Chapter 421 conflicts with 49 CFR Part 192, Chapter 421 shall prevail.
1. Every jurisdictional LPG system operating in the State of Maine must be registered with the Maine Public Utilities Commission no later than 30 days after this rule goes into effect or the operation of the system begins. A qualified LPG operator of record must be designated on the registration notice.
2. If for any reason an LPG operator ceases to be the LPG operator of record for a jurisdictional LPG system, that operator shall submit an updated registration stating they are no longer the LPG operator of record. The previous LPG operator shall provide all LPG pipeline system maps, and operating and maintenance records to the owner of the system at the time of any change in the LPG operator of record.
3. LPG operator shall retain copies of all LPG pipeline system maps or diagrams, and operating and maintenance records regarding jurisdictional LPG systems for which it ceases to be the LPG operator of record for a period of one year.
4. Failure to register a jurisdictional LPG system or report change of designation in accordance with this section may result in a penalty in an amount not to exceed $5,000.
For the purposes of this Chapter, the following terms have the following meanings.
A. Combustible Material. “Combustible Materials” are materials which, if ignited, can burn at a temperature and for a period of time that could cause damage to an LPG container or distribution system. These include but are not limited to, fuels, stored building materials, and dead brush. “Combustible Materials” does not include live vegetation such as grass, shrubs, living trees, and seasonal vegetation.
B. Corrosion. “Corrosion” is defined as a condition exhibiting signs of deterioration including pitting or loss of metal. Surface rust or light surface oxide as well as a loss of paint coating does not constitute atmospheric corrosion.
C. Gas. “Gas” means petroleum gas as defined in §2 (K).
D. Jurisdictional LPG System. “Jurisdictional LPG system” means any LPG pipeline facility that transports LPG, including propane pipelines that transport petroleum gas or petroleum gas/air mixtures from one or more LPG systems, with the exception of systems that serve:
1. Fewer than 10 customers, if no portion of the system is located in a public place; or
2. A single customer, if the system is located entirely on the customer’s premises (no matter if a portion of the system is located in a public place.
E. LPG. “LPG” means petroleum gas as defined in §2 (I).
F. LPG Operator. “LPG Operator (or operator)”, means any person or entity that owns and engages in the transportation of LPG through a Jurisdictional LPG System or a person who is contracted to serve as the operator by a person who owns and engages in the transportation of LPG through a jurisdictional LPG system.
G. LPG Supplier. “LPG Supplier” means a marketer who delivers liquefied petroleum gas to a storage tank which supplies an LPG distribution system. The LPG Supplier may or may not be the operator of the distribution system.
H. Petroleum Gas. “Petroleum gas” means propane, propylene, butane, (normal butane or isobutanes), and butylene (including isomers), or mixtures composed predominantly of these gases, having a vapor pressure not exceeding 208 psi (1434 kPa) gage at 100 °F (38 °C).
1. Each LPG operator in Maine shall: a. Comply with Maine PUC Chapter 895, Underground Facility Damage Prevention Requirements; and b. Maintain membership in a notification center that utilizes and promotes the "811" one-call notification system.
2. Report to the Commission in accordance with Chapter 895 any damage to its underground facilities or a damage prevention incident utilizing MPUC Underground Facility Incident Report form, such incidents including when an excavator fails to contact the LPG Operator or the one-call notification system.
1. Each LPG operator shall maintain documentation that each person utilized to locate the operator's pipeline facilities, whether the person is an employee of the operator or is an employee of a contractor retained by the operator, is properly trained and qualified. Such documentation shall indicate the latest date the person completed or demonstrated: a. The necessary knowledge and skills needed to use industry best practices developed or other recognized industry authority for locating and marking pipelines; b. Knowledge of state and local underground damage prevention regulations. c. Qualification in accordance with 49 CFR Part 192, Subpart N.
Each LPG operator shall have on file at its local office a map, diagrams, or drawing showing:
1. The LPG distribution system, including but not limited to, the size, character, and location of supply container(s), regulators, mains including valves, and service lines; and
2. The size and location of each service line provided that, in lieu of showing service locations on maps, a card record or other suitable means may be used.
3. LPG operators shall provide global position satellite (GPS) coordinate identifiers for the location of all facilities on its system maps, diagrams, and/or drawings.
LPG operators shall physically locate existing underground facilities that are located within 3 feet of where the LPG Operator is using trenchless technology to place gas lines during any new construction, repair, or replacement project. "Physical locate" as used in this section means exposing the existing underground facilities by hand-digging and/or
vacuum excavation in addition to locating and marking along the ground.
Gas meters, aboveground tanks, domes of underground tanks, and distribution system facilities located adjacent to a roadway, street, alley, driveway, easement or otherwise susceptible to damage from motor vehicles shall be provided protective barriers on each side exposed to vehicular traffic.
Pressure regulators installed at meters or on service piping locations shall conform to the following requirements:
a. Regulators shall be installed:
i. With the screened vent pointed down, or under a protective cover that will prevent blockage of the vent by rain, snow, ice or debris;
ii. At least 5 feet away from mechanical ventilation air intakes, openings into direct-vent (sealed combustion system) appliances, or any source of ignition, such as but not limited to electrical meters.
b. Regulators shall not be direct buried.
By July 1, 2012, LPG suppliers shall implement modified operation and maintenance procedures that include a “Red Tag” or hazardous equipment procedure for suspending service to a customer’s system when a hazardous condition is noticed that makes continued delivery of LPG unsafe.
a. Plastic pipe that is not encased in metallic piping must have an electrically conductive tracer wire or other approved means of locating the pipe. To facilitate location of buried plastic pipe, where plastic pipe is installed or replaced the following location methods shall be used.
i. A tracer wire shall be installed adjacent to the piping. Tracer wire may not be wrapped around the pipe and must not contact the pipe. Tracer wire or other metallic elements installed for pipe locating purposes must be resistant to corrosion damage, either
by use of coated copper wire or by other means.
ii. Continuous gas pipeline warning tape shall be placed above piping installed by open trenching, and separated from the piping by a minimum of 6 inches.
Each LPG operator shall:
1. Develop written procedures for conducting directional boring activities for the installation of gas pipeline facilities prior to engaging in directional boring;
2. Train its operating personnel including locators in the specific requirements and hazards associated with directional bores.
1. All LPG operator-owned containers, aboveground or underground, installed at consumer locations shall be marked in a legible manner with the name and telephone number of the owner by decal, tag, stencil, or similar marking.
2. Containers gained through acquisition shall be marked as soon as possible, but no later than 30 days after acquisition.
1. All records required by these rules shall be preserved by the LPG operator for 1 year after the LPG Operator ceases to operate the LPG system unless otherwise designated by 49 C.F.R. Part 192.
2. The LPG operator shall make such records available to the Commission upon request at the LPG operator's local office.
1. All LPG delivered by distribution system to customers shall be odorized by the addition of a warning agent of such character that the gases are detectable, by a distinct odor.
2. The presence of odorant shall be determined by sniff-testing or other means and the results documented upon delivery to the distribution system storage containers or when LPG is loaded into the containers of delivery vehicles at a bulk facility.
The Commission shall use the following process when it initiates an enforcement action.
When an evaluation of an operator's records and facilities indicates that the operator is apparently violating this chapter, a staff member designated by the Commission will informally discuss the probable violation with the operator before concluding the inspection. Any documentation or physical evidence necessary to support a future allegation of non-compliance may be obtained during the inspection. On-site corrective action may be taken by the operator of the facilities where the probable violation exists, thus correcting the violation without further action. The Commission may permit the operator of the facilities where a probable violation exists to correct the violation within 30 days, thus correcting the violation without further action.
After evidence of a probable violation is collected and the violation report written, the operator will be notified of the results of the on-site evaluation and the provision of this chapter the operator is apparently violating. The notice of probable violation may include a proposed administrative penalty amount. A written response from the operator must be filed with the Commission within 14 days of the time the operator receives the violation notice.
The operator, in responding to the violation notice, may:
1. Submit a written plan specifying actions that the operator will take to correct the violation, a schedule for completion of each action step, and a final date of compliance. If the Commission accepts the corrective plan submitted by the operator and the operator implements the corrective actions, the violation is resolved. In addition to the submission of a written correction plan, or alternatively, the operator may request an informal conference. Upon request for an informal conference, a staff member designated by the Commission will establish a date, time, and location for the conference. During the conference, staff will review the violation report with the operator to identify corrective actions and reach a mutually acceptable resolution of the violation and proposed administrative penalty, if any. If this effort fails, the designated staff member may refer the violation to the Commission for formal action. If the designated staff member declines to refer the matter to the Commission for formal action, the operator will be notified by letter.
1. If the violation is referred to the Commission for formal resolution, the Commission may take the following actions:
a. The Commission may seek injunctive relief in the Superior Court pursuant to 35-A M.R.S.A. §§ 4515 or 4704;
b. The Commission may issue a show cause order and schedule a hearing requiring the operator to show why the operator should not be subject to the penalties set forth in 35-A M.R.S.A. §§ 4516-A or 4705-A;
c. The Commission may, after investigation and a formal public hearing pursuant to 35-A M.R.S.A. §1303, order an operator to take corrective action; or
d. The Commission may decline to take action to resolve the alleged violation.
2. Consent agreements. Notwithstanding any other provision of this rule, the Commission may at any time resolve an alleged violation with a consent agreement.
a. Content. A consent agreement must be signed by the respondent, or a duly authorized representative, and must indicate agreement with the terms therein. A consent agreement is not required to indicate the respondent acknowledges having committed a violation.
b. Order. A consent agreement is effective only if approved by the Commission through the issuance of an order.
1. If the Commission finds a pipeline facility is hazardous to life or property, the Commission may issue an order requiring the operator to take immediate corrective action, which may include:
a. Suspended or restricted use of the facility;
b. Physical inspection;
c. Testing;
d. Repair;
e. Replacement; or
f. Other action.
2. The Commission shall give the operator written notice and an opportunity for a hearing before issuance of a hazardous facility order unless the Commission determines there is a serious and imminent threat to life or property. If the order is issued without a prior hearing, the operator shall be given written notice and an opportunity for a hearing as soon after the order is issued as possible. Any such hearing shall be recorded and a member of the Commission's legal staff shall act as hearing examiner.
3. The operator may appeal the decision of the hearing examiner to the Commission within 5 business days following the decision. After receipt of the notice of appeal, the Commission may investigate pursuant to 35-A M.R.S.A. §1303 and hold a formal public hearing on the matter within a reasonable time. If the Commission does not issue an order commencing an investigation within 20 days following the filing of the appeal, the appeal is automatically denied. If the Commission denies the appeal, the decision of the hearing examiner is deemed a
final decision of the Commission. If the Commission does hold a public hearing, it shall determine the matter de novo and may affirm, revise or modify the decision of the hearing examiner and substitute its own decision therefore.
Upon the request of any person subject to this Chapter or upon its own motion, the Commission may, for good cause, waive any requirement of this Chapter that is not required by federal regulation or state or federal statute. The Commission or the Presiding Officer may grant the waiver.
AUTHORITY: 35-A M.R.S.A. §§ 111, 4508, 4702-A, and Resolves 2011, ch. 143.
EFFECTIVE DATE: This Chapter was approved as to form and legality by the Attorney General on June 1, 2010. It was filed with the Secretary of State on June 4, 2010 (filing 2010-219) and became effective on June 9, 2010.
EFFECTIVE DATE: This Chapter was approved as to form and legality by the Attorney General on February 23, 2011. It was filed with the Secretary of State on February 24, 2011 (filing 2011-57, major substantive) and became effective on March 1, 2011. A corrected version was approved as to form and legality by the Attorney General on March 3, 2011. It was filed with the Secretary of State on March 4, 2011 (filing 2011-76, major substantive) and became effective on March 9, 2011.
EFFECTIVE DATE: This Chapter was approved as to form and legality by the Attorney General on May 14, 2012. It was filed with the Secretary of State on May 15, 2010 (filing 2012-156, major-substantive) and became effective on June 14, 2012.