# 20:10:37:01 Definitions

**Citation:** ARSD 20:10:37:01  
**Type / status:** regulation / current  
**Agency:** South Dakota Public Utilities Commission  
**Effective:** 2025-09-29  
**Published:** Not stated

Definitions. Terms defined in SDCL 49-34B-1 have the same meaning when used in this chapter. In addition, terms used in this chapter mean:

(1) "Incident," any of the following events:

(a) A release of gas from a gas pipeline facility or of liquefied natural gas or gas from a liquefied natural gas facility; and

(i) A death, or personal injury necessitating in-patient h

## Document text

Terms defined in SDCL 49-34B-1 have the same meaning when used in this chapter. In addition, terms used in this chapter mean:

(1) "Incident," any of the following events:

(a) A release of gas from a gas pipeline facility or of liquefied natural gas or gas from a liquefied natural gas facility; and

(i) A death, or personal injury necessitating in-patient hospitalization; or

(ii) Estimated property damage or cost of gas lost of the operator or another, or both, in the aggregate amount of $145,000 or more;

(b) An event that results in an emergency shutdown of a liquefied natural gas facility; or

(c) An event that is significant, in the judgment of the operator, even though it did not meet the criteria of subdivisions (a) and (b) above;

(2) "Incident docket," a docket opened with the commission upon the initiation of an investigation of an incident;

(3) "Incident report," the report drafted by an inspector after an incident;

(4) "Inspection," a review of the books, files, records, reports, supplemental data, other documents and information, and an examination of the plant, property, and facilities of a pipeline operator to ensure compliance with applicable pipeline safety standards;

(5) "Inspection report," the report drafted by an inspector after an inspection of any type, except for an incident; and

(6) "Inspector," a pipeline safety inspector employed by, or contracted as, an agent of the commission; and

(7) "Pipeline safety program," the program administered by the commission with regulatory jurisdiction over the safety standards and practices of all jurisdictional intrastate natural gas and other gas pipelines within this state.

## Provenance

- Official: Yes
- Source: <https://sdlegislature.gov/Rules/Administrative/20%3A10%3A37%3A01>
- Source ID: `sd-legislature-arsd`
- SHA-256: `dd3812c9a41ddd38ac81bd393946df92b4da9acb047c659b567a54bf4c06b873`
- Retrieved: 2026-08-20T11:35:18.893Z
- Exported: 2026-08-24T01:39:54.558Z
- Document slug: `sd-arsd-20-10-37-01`

### Source metadata

```json
{
  "jurisdiction": "US-SD",
  "article": "20:10",
  "chapter": "20:10:37",
  "chapterTitle": "Pipeline Safety Rules",
  "sectionNumber": "20:10:37:01",
  "legalScope": "This corpus is the complete current substantive text of ARSD Chapter 20:10:37 as inventoried by the South Dakota Legislature. It is not a claim to all South Dakota pipeline law, Chapter 20:10:31 fee rules, SDCL Chapter 49-34B, Commission orders or dockets, federal law, or incorporated external material.",
  "applicabilityCaveat": "Chapter 20:10:37 applies only to pipelines within South Dakota Public Utilities Commission jurisdiction under SDCL Chapter 49-34B. Applicability depends on pipeline, operator, commodity, facility, and intrastate status; federal certification and preemption; exemptions; Commission rulings and orders; and the current law incorporated by reference. The PUC describes its safety jurisdiction as intrastate gas transmission, distribution, master-meter, propane, and LNG facilities, not every pipeline in South Dakota.",
  "incorporationCaveat": "The chapter relies on federal pipeline-safety standards adopted through SDCL Chapter 49-34B and expressly references 49 CFR Parts 191 and 192, federal reporting forms, other ARSD chapters, SDCL provisions, and Commission materials. This connector links explicit references but does not reproduce incorporated federal or third-party material or determine whether every reference is static or dynamic.",
  "statutoryUpdateCaveat": "2026 HB 1027, enacted as 2026 South Dakota Session Laws Chapter 186, amended SDCL Chapter 49-34B and updated statutory federal citations through January 1, 2026. It did not amend ARSD Chapter 20:10:37. The current administrative text is therefore preserved verbatim, including its express July 1, 2023 federal-edition references in sections 20:10:37:10, :17, :18, and :19; the statutory update is metadata, not a silent rewrite of the rules.",
  "publicationCaveat": "The South Dakota Legislature publishes the current chapter and individual section HTML through its official rules service. PublicationObservedOn is the retrieval date, not a legal effective date. Document effective dates and timeline events come only from dates expressly labeled effective in each official Source note; archived-file dates and retrieval timestamps are not treated as rule-effective dates.",
  "rights": "Official South Dakota government rule, statute, session-law, and PUC materials are retained with attribution and SHA-256 provenance. Public availability does not resolve rights in seals, site presentation, linked forms, incorporated federal material, privately authored standards, or third-party content; downstream redistribution requires separate review.",
  "rightsReviewRequired": true,
  "publicationObservedOn": "2026-08-20",
  "sourceNote": "Source: 36 SDR 57, effective October 19, 2009; 52 SDR 32, effective September 29, 2025.",
  "generalAuthority": "General Authority: SDCL 49-34B-4, 49-34B-19.",
  "lawImplemented": "Law Implemented: SDCL 49-34B-3, 49-34B-4, 49-34B-19.",
  "supplementalNotes": [
    "Declaratory Ruling: The Public Utilities Commission filed a declaratory ruling with the Legislative Research Council in the matter of The Proper Classification of Certain NorthWestern Energy Pipelines. The question before the Commission was whether a pipeline, which operates at less than twenty percent of specified minimum yield strength, and is owned in part by Northern Natural Gas and in part by NorthWestern Energy, should be classified as a transmission or a distribution line when Northern Natural Gas had opted to classify its portion of the pipeline as a transmission line pursuant to 49 C.F.R. § 192.3. The Commission ruled that Northern Natural Gas's classification of its portion of the pipelines was not dispositive to NorthWestern's classification, and because the pipelines operate at less than twenty percent of specified minimum yield strength, do not transport within a storage field, and do not transport gas from a gathering pipeline or storage facility, the pipelines are properly classified as distribution. Declaratory Ruling PS 25-002, dated December 18, 2025, and available at: https://puc.sd.gov/commission/dockets/pipelinesafety/2025/PS25-002/PS25-002DecRuling.pdf."
  ],
  "archivedPublisherVersions": [
    {
      "Effective": "2009-10-19T00:00:00-05:00",
      "FileName": "10192009_2010370000100D.pdf",
      "ArchivedRuleId": 14637
    }
  ],
  "references": [
    {
      "citation": "49 CFR 192.3",
      "referenceType": "cfr",
      "url": "https://www.ecfr.gov/current/title-49/subtitle-B/chapter-I/subchapter-D/part-192/section-192.3"
    },
    {
      "citation": "SDCL 49-34B-1",
      "referenceType": "south-dakota-codified-law",
      "url": "https://sdlegislature.gov/Statutes/49-34B-1"
    },
    {
      "citation": "SDCL 49-34B-4",
      "referenceType": "south-dakota-codified-law",
      "url": "https://sdlegislature.gov/Statutes/49-34B-4"
    },
    {
      "citation": "SDCL 49-34B-3",
      "referenceType": "south-dakota-codified-law",
      "url": "https://sdlegislature.gov/Statutes/49-34B-3"
    },
    {
      "citation": "https://puc.sd.gov/commission/dockets/pipelinesafety/2025/PS25-002/PS25-002DecRuling.pdf",
      "referenceType": "publisher-supplied-link",
      "url": "https://puc.sd.gov/commission/dockets/pipelinesafety/2025/PS25-002/PS25-002DecRuling.pdf"
    }
  ],
  "region": "SD"
}
```