N.Y. Comp. Codes R. & Regs. tit. 16 § 255.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 255.9 - Gathering lines

(a) Except as specified in subdivision (b) of this section, each gathering line shall be designed, constructed, tested, operated and maintained as specified in subdivision (f) of this section.

(b) Gathering lines or any portion thereof located within the following areas shall be designed, constructed, tested, operated and maintained in accordance with the provisions of this Part applicable to steel transmission lines:

(1) within 150 feet (45.72 meters) of an existing residence or place of public assembly;

(2) within the limits of any city, or incorporated village; or

(3) within a designated residential or commercial area such as a subdivision, business or shopping center, or community development.

(c) Prior to the start of construction of any gathering line, notification in compliance with the following paragraphs shall be filed:

(1) At least 30 days prior to the start of construction for any gathering line intended to operate at a pressure of 125 psig (862 kPa) or more, the notice must be a letter of intent and a report of specifications similar in format to Appendix 7-G of this Title.

(2) At least 48 hours prior to the start of construction for any gathering line intended to operate at a pressure of less than 125 psig (862 kPa), the notice is to be a letter of intent giving the company name, address, and specific location of the intended construction.

(3) Any person intending to construct a gathering line in an area used for commercial farm purposes in at least two of the last five years regardless of the proposed operating pressure of the line, must complete the information requested in Appendices 7-G and 7-G(a) of this Title and provide one copy each of Appendices 7-G and 7-G(a) of this Title to the affected farmland operator and the local county soil and water conservation district at least 48 hours in advance of the start of construction. The person shall retain a copy of Appendices 7-G and 7-G(a) of this Title for review by any interested party in the future.

(d) Notwithstanding any other provisions of this Part, where natural gas is gathered from production facilities, transported off the property on which the production facilities are located, and sold directly to an end user, the following shall apply:

(1) The portion of the pipeline that is downstream of the point at which no additional gas enters the pipeline from a production facility or, in cases involving a single production facility, that is downstream of the point at which the pipeline enters a public right-of-way, or adjacent private right-of-way, is a transmission line if it operates at a hoop stress of 20 percent or more of SMYS or, otherwise, a distribution line. Such transmission or distribution lines shall fully comply with the applicable requirements contained in this Part for such lines.

(2) In cases where gas is transported directly from production facilities and sold to a single end-user, that portion of the pipeline which is downstream of the end-user's property line is a service line and shall comply with the applicable requirements contained in this Part.

(3) Any person who intends to transport and sell gas from a production facility directly to an end-user shall report such intent as part of the notification required by subdivision (c) of this section.

(e) Any person operating a gathering line (regardless of the pipeline material) which was originally constructed to operate at a pressure of less than 125 psig (862 kPa) who proposes to increase the operating pressure of such line to 125 psig (862 kPa) or more shall comply with the requirements of sections 255.552, 255.553 and 255.555 of this Part.

(f) Any gathering line, except as specified in subdivision (b) of this section, shall be designed, constructed, tested, operated and maintained in conformance with sound engineering practices, including the following criteria:

(1) All joints shall be visually inspected for defects and shall have a neat workmanlike appearance. Qualified welders and plastic joiners shall be employed.

(2) Except as provided in paragraph (3) of this subdivision, all pipe shall be installed with a minimum of 24 inches (610 millimeters) of cover. Where solid rock is encountered, the minimum cover may be reduced to 12 inches (305 millimeters). In areas subject to erosion or in locations where future grading is likely, such as at road, highway, railroad and ditch crossings, additional protection shall be provided.

(3) Notwithstanding paragraph (2) of this subdivision, in areas actively cultivated for commercial farm purposes in at least two out of the last five years, as identified by the farmland operator, all pipe shall be installed with a minimum 40 inches (1,016 millimeters) of cover. The farmland operator can also designate such support land areas, not under active cultivation but subject to land management practices such as, but not limited to, drainage and soil erosion control systems. The farmland operator may allow less than 40 inches (1,016 millimeters) of cover if less conforms with normal agricultural practices, including land fitting (e.g., plowing, subsoiling, disking, etc.) and prospective agricultural engineering projects taking into account and the recommended practices and standards of the United States Department of Agriculture, Soil Conservation Service,[FN1] contained in its National Handbook of Conservation Practices and its National Engineering Manual. The farmland operator may require a depth-of-cover greater than 40 inches (1,016 millimeters) as a condition of permitting a right-of-way across his or her land where necessary to safely accommodate such practices and projects.

(4) Each gathering line must be protected from washouts, floods, unstable soil, landslides or other hazards that may cause the pipeline to be exposed, to move, or to sustain abnormal loads.

(5) A suitable conductive wire shall be installed with plastic pipe to facilitate locating it with an electronic pipe locator. Other approved suitable material or means may be employed for accomplishing this purpose.

(6) The maximum allowable operating pressure for plastic pipelines is to be determined in accordance with either of the formulas in section 255.121 of this Part, subject to the limitations of sections 255.123(b) through (d) of this Part.

(7) All deleterious defects, gouges, dents and grooves shall be eliminated prior to testing.

(8) The pipeline shall be subjected to a minimum pressure test of 100 psig (689 kPa) or 11/2 MAOP, whichever is greater, for two hours. However, the maximum test pressure for plastic pipe may not be more than three times the design pressure of the pipe. Where reservoir pressure of the field is less than these pressures, the reservoir pressure may be the test pressure.

(9) Test medium shall be air, inert gas or water. Other approved media may be used.

(10) Regardless of installation date, pipeline markers complying with the requirements of section 255.707(d)-(e) of this Part shall be installed at each crossing of a public road, railroad, navigable waterway, and wherever else it is necessary to identify the location of the gathering line to reduce the possibility of damage or interference. In areas used for commercial farm purposes in at least two of the last five years, pipeline markers shall be installed at points which adequately identify the location and direction of the pipeline. Such location points shall be determined in consultation with the farmland operator.

(11) Maps shall be prepared documenting the location of the line and critical valves.

(12) The pipelines shall be patrolled a minimum of every two years for washouts and other hazardous conditions, including a check for area population development change.

(13) The line shall be surveyed for leakage at least once every five years.

(14) The adequacy of overpressure protection devices shall be verified annually to ensure safe operation of the line.

(15) To abandon the gathering system in place, all sources of gas must be disconnected from the system, the system shall be purged with air or inert gas and the ends sealed.

(16) Sufficient documentation shall be maintained to demonstrate compliance with these regulations.

[FN1] Information about soft types and applicable agricultural engineering standards and practices may be obtained from the U.S. Department of Agriculture, Soil Conservation Service office, located in the county in which the gathering line is to be installed.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 255.9