New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE
Part 2 - PIPELINE SAFETY GENERAL PROVISIONS
Section 18.60.2.8 - ADOPTION OF PORTIONS OF THE CODE OF FEDERAL REGULATIONS
Universal Citation: 18 NM Admin Code 18.60.2.8
Current through Register Vol. 35, No. 6, March 26, 2024
A. Adoption by reference. Except for the variances set forth in Subsection B of this section, the commission adopts the following portions of the code of federal regulations, as such may be amended from time to time, pertaining to gas and hazardous liquid pipeline operators and facilities, and concerning the health, safety, and welfare of persons and property in New Mexico, as part of this rule:
(1) pipeline safety programs and procedures.
49 CFR
190.5,
190.233(a) and
(b), and
190.237;
(2) annual, incident, and safety related
condition reports. 49 CFR Part 191;
(3) minimum federal safety standards. 49 CFR
Part 192;
(4) transportation of
hazardous liquids by pipeline, 49 CFR Part 195;
(5) drug and alcohol testing, 49 CFR Parts 40
and 199.
B. New Mexico variances to adopted federal regulations.
(1)
The reporting threshold in New Mexico shall be $5,000 instead of the $50,000
reporting threshold established in
49
CFR 191.3.
(2) Hazardous liquid pipeline operators must
make telephonic notice to the pipeline safety bureau in accordance with
49 CFR Section
195.50.
(3) Leakage surveys of transmission lines in
New Mexico shall be conducted using leak detection equipment but shall
otherwise be conducted in accordance with
49 CFR
192.706(b).
(4) Intrastate gas and hazardous liquid
pipeline operators must submit annual reports, written incident/accident
reports and safety related condition reports as prescribed in
49 CFR
191.9,
191.11,
191.12,
191.15,
191.17,
191.23,
191.25,
195.49,
195.50,
195.54,
195.55
and
195.56
to the transportation division director or his designee at Post Office Box
1269, Santa Fe, New Mexico 87504-1269.
(5) Regulated intrastate gathering operators
in New Mexico shall:
(a) establish and follow
written operating and maintenance procedures as prescribed in
49
CFR 192.605 for all applicable requirements
of
49 CFR
192.9;
(b) establish and follow written emergency
procedures as prescribed in
49 CFR
192.615;
(c) establish and follow written maintenance
procedures as prescribed in
49 CFR
192.703(b) and
(c);
(d) establish and follow written procedures
for prevention of accidental ignition as prescribed in
49 CFR
192.751;
(e) establish and follow written valve
maintenance procedures as prescribed in
49 CFR
192.745;
(f) keep records necessary to administer the
procedures established under Subsection B of 18.60.2.8 NMAC; and
(g) conduct leakage surveys of its regulated
gathering line(s) using leak detection equipment at intervals not exceeding
fifteen (15) months but at least once each calendar year.
C. Interpretation of references and terms in federal regulations.
(1)
References in the code of federal regulations to "state agency" shall be deemed
references to the transportation division of the New Mexico public regulation
commission.
(2) References in
49 CFR 190.233(a) and
(b) to the "associate administrator, OPS"
shall be deemed references to the director of the transportation division of
the New Mexico public regulation commission.
(3) References in
49 CFR
190.233(a) and (b) to
49 CFR
190.233(c), 49 CFR
190.233(c)(2), or 49 CFR 190. 233(g) shall be deemed references to 18.60.4.9
NMAC through 18.60.4.15 NMAC.
(4)
References in
49 CFR
192.723(b)(1) to "business
district" shall have the meaning given by the United States department of
transportation in correspondence interpreting the term.
(5) References in
49 CFR
192.383(a) to "replaced
service line" includes piping within three (3) feet of the fitting that
connects the service line to the main.
(6) References in
49
CFR 192.605(b),
192.615(a)(7)
to "procedures for making safe any actual or potential hazard to life or
property" shall include specific procedures for emergency response to
excavation damage near buildings that adequately address the possibility of
multiple leaks and gas migration into nearby buildings.
(7) References in
49 CFR
192.617 to "accidents and failures" shall
include an unintentional release of gas.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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