A Petition to Initiate a Rulemaking Docket (“Petition”) has been filed before the Arkansas Public Service Commission (“APSC”) by the General Staff. See Docket No. 25-025-R.
The Petition proposes to make changes to the Arkansas Gas Pipeline Code (“Code”).
United States energy pipelines are key infrastructure that enable the operation of powerplants, airports, military bases, etc. The Congressional Research Service estimates that the pipeline network includes 3.3 million miles of onshore pipeline transporting natural gas, crude oil, and other hazardous liquids. Because the products they carry can have the characteristics of volatility of flammability, they are regulated at both federal and state levels.
The Natural Gas Pipeline Safety Act of 1968 and the Hazardous Liquid Pipeline Safety Act of 1979 are the principal acts establishing the federal role in pipeline safety. The Secretary of Transportation is provided the primary authority to regulate certain aspects of pipeline safety such as:
- Design.
- Construction.
- Operation.
- Maintenance.
- Spill response planning.
The State of Arkansas inspects and enforces pipeline safety regulations for intrastate gas pipeline operators in the state. This work is undertaken by the Pipeline Safety Office of the APSC. However, the Arkansas Oil and Gas Commission has jurisdiction over the regulated gas lines that are operated by gas producers.
The Arkansas Natural Gas and Pipeline Safety Act provides APSC the authority to obtain a certification with the federal government to regulate pipeline safety of intrastate natural gas operators.
APSC states that its Pipeline Safety Office inspects for operating safety, gas leakage, and the control of corrosion at the facilities include:
- 4 natural gas distribution utilities.
- 26 intrastate natural gas operators.
- 163 master meter gas systems.
The Petition filed by the General Staff on May 1st indicates that the changes being proposed to the Arkansas Gas Pipeline Code are to comply with state and federal law. The relevant Arkansas statute requires that safety regulations promulgated for gas pipeline facilities for the transportation of gas must be consistent with federal law and with rules and regulations promulgated under the authority of the Natural Gas Pipeline Safety Act.
Because amendments have been made to the federal regulations, they must be inserted into the Arkansas Gas Pipeline Code.
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