Mo. Code Regs. Ann. tit. 20, § 4240-40.020
PURPOSE: This rule prescribes requirements and procedures for reporting certain gasrelated incidents and safety-related conditions and for filing annual reports. It applies to gas systems subject to the safety jurisdiction of the Public Service Commission.
PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule AND INSURANCE
would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.
AGENCY NOTE: This rule is similar to the Minimum Federal Safety Standards contained in 49 CFR part 191, Code of Federal Regulations. Parallel citations to Part 191 are provided for gas operator convenience and to promote public safety.
(1) Scope. (191.1)
(B) This rule does not apply to gathering of gas—
less than zero (0) pound per square inch gauge (psig) (0 kPa); or
lated onshore gathering line (as determined in 20 CSR 4240-40.030(1)(E) (192.8)).
(2) Definitions. (191.3) As used in this rule and in the PHMSA Forms referenced in this rule—
(D) Federal incident means any of the following events:
from a pipeline, gas from an underground natural gas storage facility, liquefied natural gas (LNG), liquefied petroleum gas, refrigerant gas, or gas from an LNG facility, and that results in one (1) or more of the following consequences:
sitating inpatient hospitalization; or
thousand dollars ($50,000) or more, including loss to the operator and others, or both, but excluding the cost of gas lost; or
three (3) million cubic feet or more.
shutdown of an LNG facility or an underground natural gas storage facility. Activation of an emergency shutdown system for reasons other than an actual emergency does not constitute an incident; or
judgment of the operator, even though it did not meet the criteria of paragraph (2)(D)1. or (2)(D)2.;
(O) Underground natural gas storage facility means a facility that stores natural gas in an underground facility incident to natural gas transportation, including—
including associated material and equipment used for injection, withdrawal, monitoring, or observation wells, and wellhead equipment, piping, rights-of-way, property, buildings, compressor units, separators, metering equipment, and regulator equipment.
(3) Immediate Notice of Federal Incidents. (191.5)
(B) Each notice required by subsection (3)(A) must be made to the National Response Center either by telephone to (800) 424-8802 or electronically at www.nrc.uscg.mil and must include the following information:
ing report and their telephone numbers;
injuries, if any; and
the operator that are relevant to the cause of the incident or extent of the damages.
(4) Immediate Notice of Missouri Incidents.
(A) Within two (2) hours following discovery by the operator, or as soon thereafter as practicable if emergency efforts to protect life and property would be hindered, each gas operator must notify designated commission personnel by telephone of the following events within areas served by the operator:
involving the operator’s actions or pipeline system, or where there is a suspicion by the operator that the event may involve a release of gas involving the operator’s actions or pipeline system, and results in one (1) or more of the following consequences—
cal care administered in an emergency room or health care facility, whether inpatient or outpatient, beyond initial treatment and prompt release after evaluation by a health care professional; or
thousand dollars ($10,000) or more, including loss to the gas operator or others, or both, and including the cost of gas lost;
judgement of the operator, even though it did not meet the criteria of paragraph (4)(A)1.; or
incident under section (3).
(5) Report Submission Requirements. (191.7)
(A) Reports to PHMSA.
report required by sections (6)–(11) electronically to the Pipeline and Hazardous Materials Safety Administration at http://portal.phmsa.dot.gov/pipeline unless an alternative reporting method is authorized in accordance with subsection (5)(D).
PHMSA must also be submitted concurrently to designated commission personnel. The copy submitted to designated commission personnel must be clearly marked to indicate the date of the online submission to PHMSA.
(B) Missouri Incident Reports.
meet the criteria in subsection (4)(A) but are not a federal incident reported under subsection (5)(A). Within thirty (30) days of a telephone notification made under subsection (4)(A), each gas operator must submit the applicable U.S. Department of Transportation Form PHMSA F 7100.1, PHMSA F 7100.2, or PHMSA F 7100.3 to designated commission personnel. Additional information required in subsections (6)(B) and (9)(B) for federal incidents is also required for these events.
tribution systems (PHMSA F 7100.1, revised October 2014), gas transmission and gathering pipeline systems (PHMSA F 7100.2, revised October 2014), and LNG facilities (PHMSA F 7100.3, revised October 2014) are incorporated by reference in subsection (5)(G).
(D) Alternative Reporting Method.
undue burden and hardship, an operator may submit a written request for an alternative reporting method to the Information Resources Manager, Office of Pipeline Safety, Pipeline and Hazardous Materials Safety Administration, PHP-10, 1200 New Jersey Avenue SE, Washington DC 20590-0001. The request must describe the undue burden and hardship. PHMSA will review the request and may authorize, in writing, an alternative reporting method. An authorization will state the period for which it is valid, which may be indefinite. An operator must contact PHMSA at (202) 366-8075, or electronically to informationresourcesmanager@dot.gov or make arrangements for submitting a report that is due after a request for alternative reporting is submitted, but before an authorization or denial is received.
nate reporting method must also be submitted concurrently to designated commission personnel. The copy submitted to designated commission personnel must be clearly marked to indicate the date of submission to PHMSA.
(G) Forms Incorporated by Reference.
by reference and made part of this rule.
Form PHMSA F 1000.1, revised April 2019. The PHMSA F 1000.1 form is the Operator Identification (OPID) Assignment Request form and does not include any amendments or additions to the April 2019 version.
Form PHMSA F 1000.2, revised April 2019. The PHMSA F 1000.2 form is the Operator Registry Notification form for reporting changes including operator name change, change in entity operating, shared safety program change, change in ownership for gas facilities, construction or rehabilitation of gas facilities, change in ownership for LNG, and construction for LNG. The PHMSA F 1000.2 form does not include any amendments or additions to the April 2019 version.
Form PHMSA F 7100.1, revised October 2014. The PHMSA F 7100.1 form is the incident report form for gas distribution systems and does not include any amendments or additions to the October 2014 version.
Form PHMSA F 7100.1-1, revised October 2018. The PHMSA F 7100.1-1 form is the annual report form for gas distribution systems and does not include any amendments or additions to the October 2018 version.
Form PHMSA F 7100.1-2, revised October 2014. The PHMSA F 7100.1-2 form is the report form for mechanical fitting failures and does not include any amendments or additions to the October 2014 version.
Form PHMSA F 7100.2, revised October 2014. The PHMSA F 7100.2 form is the incident report form for gas transmission and gathering pipeline systems and does not include any amendments or additions to the October 2014 version.
Form PHMSA F 7100.2-1, revised October 2014. The PHMSA F 7100.2-1 form is the annual report form for gas transmission and gathering pipeline systems and does not include any amendments or additions to the October 2014 version.
Form PHMSA F 7100.3, revised October 2014. The PHMSA F 7100.3 form is the incident report form for LNG facilities and does not include any amendments or additions to the October 2014 version.
Form PHMSA F 7100.3-1, revised August 2017. The PHMSA F 7100.3-1 form is the annual report form for LNG facilities and does not include any amendments or additions to the August 2017 version.
Form PHMSA 7100.4-1, approved August 2017. The PHMSA F 7100.4-1 form is the annual report form for underground natural gas storage facilities and does not include any amendments or additions to the August 2017 version.
(5)(G)1. are published by the U.S. Department of Transportation Office of Pipeline Safety, PHP-10, 1200 New Jersey Avenue SE, Washington DC 20590-0001. The forms are available at www.phmsa.dot.gov/forms/pipeline-forms or upon request from the pipeline safety program manager at the address given in subsection (5)(E). (6) Distribution System—Federal Incident Report. (191.9)
(3) (191.5). See the report submission requirements in subsection (5)(A). The incident report form (revised October 2014) is incorporated by reference in subsection (5)(G).
(7) Distribution System—Annual Report and Mechanical Fitting Failure Reports.
(A) Annual Report. (191.11)
(7)(A)3., each operator of a distribution pipeline system must submit an annual report for that system on U.S. Department of Transportation Form PHMSA F 7100.1-1. This report must be submitted each year, not later than March 15, for the preceding calendar year. See the report submission requirements in subsection (5)(A).
October 2018) is incorporated by reference in subsection (5)(G).
subsection does not apply to a master meter system or to a petroleum gas system which serves fewer than one hundred (100) customers from a single source.
(B) Mechanical Fitting Failure Reports. (191.12)
required by 20 CSR 4240-40.030(17)(E) (192.1009), must be submitted on a Mechanical Fitting Failure Report Form (U.S. Department of Transportation Form PHMSA F 7100.1–2). An operator must submit a mechanical fitting failure report for each mechanical fitting failure that occurs within a calendar year not later than March 15 of the following year. Alternatively, an operator may elect to submit its reports throughout the year. In addition, an operator must also report this information to designated commission personnel.
Report Form (October 2014) is incorporated by reference in subsection (5)(G).
(9) Transmission Systems; Gathering Systems; Liquefied Natural Gas Facilities; and Underground Natural Gas Storage Facilities—Federal Incident Report. (191.15)
(3) (191.5). See the report submission requirements in subsection (5)(A). The incident report form (revised October 2014) is incorporated by reference in subsection (5)(G).
(3) (191.5). The incident report form (revised October 2014) is incorporated by reference in subsection (5)(G).
(10) Transmission Systems; Gathering Systems; Liquefied Natural Gas Facilities; and Underground Natural Gas Storage Facilities—Annual Report. (191.17)
(11) National Registry of Pipeline and LNG Operators (191.22)
(A) OPID Request.
ator of a gas pipeline, gas pipeline facility, underground natural gas storage facility, LNG plant, or LNG facility must obtain from PHMSA an Operator Identification Number (OPID). An OPID is assigned to an operator for the pipeline or pipeline system for which the operator has primary responsibility. To obtain an OPID, an operator must complete an OPID Assignment Request (U.S. Department of Transportation Form PHMSA F 1000.1) through the National Registry of Pipeline and LNG Operators at http://portal.phmsa.dot.gov/pipeline unless an alternative reporting method is authorized in accordance with subsection (5)(D). A copy of each submission to PHMSA must also be submitted concurrently to designated commission personnel—see addresses in subsection (5)(E).
(April 2019) is incorporated by reference in subsection (5)(G).
(C) Changes. Each operator of a gas pipeline, gas pipeline facility, underground natural gas storage facility, LNG plant, or LNG facility must notify PHMSA electronically through the National Registry of Pipeline and LNG Operators at http://portal.phmsa.dot.gov/pipeline of certain events. A copy of each online notification must also be submitted concurrently to designated commission personnel—see addresses in subsection (5)(E).
any of the following events not later than sixty (60) days before the event occurs:
bilitation, replacement, modification, upgrade, uprate, or update of a facility, other than a section of line pipe, that costs ten (10) million dollars or more. If sixty- (60-) day notice is not feasible because of an emergency, an operator must notify PHMSA as soon as practicable;
miles of a new or replacement pipeline;
or LNG facility;
ground natural gas storage facility or the abandonment, drilling, or well workover (including replacement of wellhead, tubing, or a new casing) of an injection, withdrawal, monitoring, or observation well for an underground natural gas storage facility;
when the reversal is expected to last more than thirty (30) days. This notification is not required for pipeline systems already designed for bi-directional flow; or
under 20 CSR 4240-40.030(1)(H) (192.14), or a change in commodity as reported on the annual report as required by section (10) (191.17).
any of the following events not later than sixty (60) days after the event occurs:
responsible (i.e., with an assigned OPID) for managing or administering a safety program required by this rule covering pipeline facilities operated under multiple OPIDs;
ator;
pany, municipality) responsible for an existing pipeline, pipeline segment, pipeline facility, underground natural gas storage facility, or LNG facility;
fifty (50) or more miles of a pipeline or pipeline system subject to 20 CSR 4240- 40.030;
existing LNG plant or LNG facility subject to 49 CFR Part 193; or
existing underground natural gas storage facility subject to 49 CFR part 192.
(12) Reporting Safety-Related Conditions. (191.23)
(A) Except as provided in subsection (12)(B), each operator must report in accordance with section (13) (191.25) the existence of any of the following safety-related conditions involving facilities in service:
an LNG facility) that operates at a hoop stress of twenty percent (20%) or more of its specified minimum yield strength, general corrosion that has reduced the wall thickness to less than that required for the maximum allowable operating pressure and localized corrosion pitting to a degree where leakage might result;
gas storage facility, including injection, withdrawal, monitoring, or observation well, general corrosion that has reduced the wall thickness to less than that required for the maximum well operating pressure, and localized corrosion pitting to a degree where leakage 20 CSR 4240-40
might result;
loading by environmental causes, such as an earthquake, landslide or flood, that impairs the serviceability of a pipeline or the structural integrity or reliability of an underground natural gas storage facility, including injection, withdrawal, monitoring, or observation well for an underground natural gas storage facility, or LNG facility that contains, controls, or processes gas or LNG;
that impairs the structural integrity or reliability of an underground natural gas storage facility or LNG facility that contains, controls, or processes gas or LNG;
age that impairs the serviceability of a pipeline that operates at a hoop stress of twenty percent (20%) or more of its specified minimum yield strength or underground natural gas storage facility, including injection, withdrawal, monitoring, or observations well for an underground natural gas storage facility;
that causes the pressure of:
mum allowable operating pressure plus the buildup allowed for operation of pressure limiting or control devices;
age facility to rise above its maximum well operating pressure plus the margin (build-up) allowed for operation of pressure limiting or control devices; or
processes gas or LNG to rise above its working pressure plus the margin (build-up) allowed for operation of pressure limiting or control devices.
ground natural gas storage facility, including injection, withdrawal, monitoring, or observation well for an underground natural gas storage facility, or LNG facility that contains or processes gas or LNG that constitutes an emergency;
tion, or frost heave that impairs the structural integrity of an LNG storage tank; and
could lead to an imminent hazard and causes (either directly or indirectly by remedial action of the operator), for purposes other than abandonment, a twenty percent (20%) or more reduction in operating pressure or shutdown of operation of a pipeline or an underground natural gas storage facility, including injection, withdrawal, monitoring, or observation well for an underground natural gas storage facility, or an LNG facility AND INSURANCE
that contains or processes gas or LNG.
(B) A report is not required for any safetyrelated condition that—
customer-owned service line;
before the deadline for filing the safety-related condition report;
two hundred twenty (220) yards (two hundred (200) meters) from any building intended for human occupancy or outdoor place of assembly, except that reports are required for conditions within the right-of-way of an active railroad, paved road, street, or highway; or
in accordance with applicable safety standards before the deadline for filing the safety-related condition report, except that reports are required for conditions under paragraph (12)(A)1. other than localized corrosion pitting on an effectively coated and cathodically protected pipeline.
(13) Filing Safety-Related Condition Reports. (191.25)
(202) 366-7128 for the Office of Pipeline Safety and (573) 522-1946 for designated commission personnel.
(B) The report must be titled Safety- Related Condition Report and provide the following information:
operator;
phone number of the person submitting the report;
phone number of the person who determined that the condition exists;
and date the condition was first determined to exist;
ence to the state (and town, city, or county), and as appropriate, nearest street address, survey station number, milepost, landmark, or name of pipeline;
ing circumstances leading to its discovery, any significant effects of the condition on safety, and the name of the commodity transported or stored; and
reduction of pressure or shutdown) before the report is submitted and the planned follow-up or future corrective action, including the anticipated schedule for starting and concluding such action.
(14) National Pipeline Mapping System (NPMS). (191.29)
(A) Each operator of a gas transmission pipeline or liquefied natural gas facility must provide the following geospatial data to PHMSA for that pipeline or facility:
and transmittal letter appropriate for use in the National Pipeline Mapping System. Acceptable formats and additional information are specified in the NPMS Operator Standards Manual available at www.npms.phmsa.dot.gov or by contacting the PHMSA geographic information systems manager at (202) 366–4595;
ator; and
a pipeline company employee, to be displayed on a public website, who will serve as a contact for questions from the general public about the operator’s NPMS data.
AUTHORITY: sections 386.250, 386.310, and 393.140, RSMo 2016.* This rule originally filed as 4 CSR 240-40.020. Original rule filed Feb. 5, 1970, effective Feb. 26, 1970. Amended: Filed Dec. 19, 1975, effective Dec. 29, 1975. Amended: Filed Feb. 8, 1985, effective Aug. 11, 1985. Rescinded and readopted: Filed May 17, 1989, effective Dec. 15, 1989. Amended: Filed Oct. 7, 1994, effective May 28, 1995. Amended: Filed April 9, 1998, effective Nov. 30, 1998. Amended: Filed Dec. 14, 2000, effective May 30, 2001. Amended: Filed Oct. 15, 2007, effective April 30, 2008. Amended: Filed Nov. 29, 2012, effective May 30, 2013. Amended: Filed Nov. 14, 2016, effective June 30, 2017. Amended: Filed June 4, 2018, effective Jan. 30, 2019. Moved to 20 CSR 4240-40.020, effective Aug. 28, 2019. Amended: Filed Dec. 12, 2019, effective July 30, 2020.
*Original authority: 386.250, RSMo 1939, amended 1963, 1967, 1977, 1980, 1987, 1988, 1991, 1993, 1995, 1996; 386.310, RSMo 1939, amended 1979, 1989, 1996; and 393.140, RSMo 1939, amended 1949, 1967.