Gathering Pipelines

(a)Scope. This section applies to the following gathering pipelines:#

(1)Type C natural gas gathering pipelines as defined under 49 CFR §192.8;#

(2)Type R natural gas gathering pipelines as defined under 49 CFR §192.8; and#

(3)hazardous liquids and carbon dioxide gathering pipelines as defined under 49 CFR §195.15.#

(b)Safety. Each operator of a gathering pipeline described in subsection (a) of this section shall take appropriate action using processes and technologies that are technically feasible, reasonable, and practicable to correct a hazardous condition that creates a risk to public safety.#

(c)Reporting.#

(1)Each operator of a gas gathering pipeline described in subsection (a) of this section shall comply with §8.210(a) of this title (relating to Reports).#

(2)Each operator of a hazardous liquids pipeline described in subsection (a) of this section shall comply with §8.301(a)(1)(B) and (a)(2)(B) of this title (relating to Required Records and Reporting) except that the initial telephonic report is not required.#

(d)Investigation.#

(1)Each operator of a gathering pipeline described in subsection (a) of this section shall conduct its own investigation and cooperate with the Commission and its authorized representatives in the investigation of any of the following:#

(A)an accident as defined by 49 CFR §195.50;#

(B)an incident as defined by 49 CFR §191.3;#

(C)a threat to public safety; or#

(D)a complaint related to operational safety.#

(2)Each operator shall provide the Commission reasonable access to the operator's facilities, provide the Commission any records related to such facilities, and file such reports or other information necessary to determine whether there is a threat to the continuing safe operation of the pipeline.#

(e)Corrective action and prevention of recurrence. As a result of the investigations authorized under subsection (d) of this section, the Commission may require the operator to submit a corrective action plan to the Commission to remediate an accident, incident, or other hazardous condition that creates a risk to public safety, or to address a complaint related to public safety. Upon the Commission's review and approval of the corrective action plan, the operator shall complete the corrective action. No provision of this rule prevents the operator from implementing any corrective action at any time the operator deems necessary or prudent to correct or prevent a threat to the safe operation of the gathering pipeline and pipeline facilities.#

Source Note: The provisions of this §8.110 adopted to be effective January 6, 2020, 45 TexReg 121; amended to be effective December 9, 2024, 49 TexReg 9960#