Current through Supplement No. 392, April, 2024
1. Application of section. This section is
applicable to all underground gathering pipelines designed for or capable of
transporting crude oil or produced water from an oil and gas production
facility for the purpose of disposal, storage, or for sale purposes. If these
rules differ from the pipeline manufacturer's prescribed installation and
operation practices, the pipeline manufacturer's prescribed installation and
operation practices take precedence.
The requirements in this section are not applicable to flow
lines, injection pipelines, pipelines operated by an enhanced recovery unit for
enhanced recovery unit operations, or on piping utilized to connect wells,
tanks, treaters, flares, or other equipment located entirely within the
boundary of a well site or production facility.
If these rules differ from or are preempted by federal
requirements on federally regulated pipelines, the federal rules take
precedence. The pipeline owner shall provide sufficient documentation to the
director confirming the pipeline is federally regulated.
2. Definitions. The terms used throughout
this section apply to this section only.
a.
"Crude oil or produced water underground gathering pipeline" means an
underground gathering pipeline designed or intended to transfer crude oil or
produced water from a production facility for disposal, storage, or sale
purposes.
b. "New construction"
means a new gathering pipeline installation project or an alteration or reroute
of an existing gathering pipeline where the location, composition, size, design
temperature, or design pressure changes.
c. "Pipeline repair" is the work necessary to
restore a pipeline system to a condition suitable for safe operations that does
not change the design temperature or pressure.
d. "Gathering system" is a group of connected
pipelines which have been designated as a gathering system by the operator. A
gathering system must have a unique name and must be interconnected.
e. "In-service date" is the first date fluid
was transported down the underground gathering pipeline for disposal, storage,
or sale purposes after construction.
3. Notifications.
a. The underground gathering pipeline owner
shall notify the commission, as provided by the director, at least seven days
prior to commencing new construction of any underground gathering pipeline.
(1) The notice of intent to construct a crude
oil or produced water underground gathering pipeline must include the
following:
(a) The proposed date construction
is scheduled to begin.
(b) A
statement that the director will be verbally notified approximately forty-eight
hours prior to commencing the construction.
(c) A geographical information system layer
utilizing North American datum 83 geographic coordinate system and in an
environmental systems research institute shape file format showing the proposed
route of the pipeline from the point of origin to the termination
point.
(d) The proposed underground
gathering pipeline design drawings, including all associated above ground
equipment.
[1] The proposed pipeline
composition, specifications (i.e. size, weight, grade, wall thickness, coating,
and standard dimension ratio).
[2]
The type of fluid to be transported.
[3] The method of testing pipeline integrity
(e.g. hydrostatic or pneumatic test) prior to placing the pipeline into
service.
[4] Proposed burial depth
of the pipeline.
[5] The location
and type of all road crossings (i.e. bored and cased or bored only).
[6] The location of all environmentally
sensitive areas, such as wetlands, streams, or other surface waterbodies that
the pipeline may traverse, if applicable.
b. The underground gathering
pipeline owner shall file a sundry notice (form 4 or form provided by the
commission) with the director notifying the commission of any underground
gathering pipeline system or portion thereof that has been removed from service
for more than one year.
c. If
damage occurs to any underground gathering pipeline, flow line, or other
underground equipment used to transport crude oil, natural gas, carbon dioxide,
or water produced in association with oil and gas, during construction,
operation, maintenance, repair, or abandonment of an underground gathering
pipeline, the responsible party shall verbally notify the director
immediately.
d. The pipeline owner
shall file a sundry notice (form 4 or form provided by the commission) within
thirty days of the in-service date reporting the date of first
service.
4. Design and
construction.
The following applies to newly constructed crude oil and
produced water underground gathering pipelines, including tie-ins to existing
systems:
a. Underground gathering
pipelines must be devoid of leaks and constructed of materials resistant to
external corrosion and to the effects of transported fluids.
b. Underground gathering pipelines must be
designed in a manner that allows for line maintenance, periodic line cleaning,
and integrity testing.
c.
Installation crews must be trained in all installation practices for which they
are tasked to perform.
d.
Underground gathering pipelines must be installed in a manner that minimizes
interference with agriculture, road and utility construction, the introduction
of secondary stresses, and the possibility of damage to the pipe. Tracer wire
must be buried with any nonconductive pipe installed.
e. Unless the manufacturer's installation
procedures and practices provide guidance, pipeline trenches must be
constructed to allow for the pipeline to rest on undisturbed native soil and
provide continuous support along the length of the pipe. Trench bottoms must be
free of rocks greater than two inches in diameter, debris, trash, and other
foreign material not required for pipeline installation. If a trench bottom is
over excavated, the trench bottom must be backfilled with appropriate material
and compacted prior to installation of the pipe to provide continuous support
along the length of the pipe.
The width of the trench must provide adequate clearance on
each side of the pipe. Trench walls must be excavated to ensure minimal
sluffing of sidewall material into the trench. Subsoil from the excavated
trench must be stockpiled separately from previously stripped topsoil.
f. Underground gathering pipelines
that cross a township, county, or state graded road must be bored unless the
responsible governing agency specifically permits the owner to open cut the
road.
g. No pipe or other component
may be installed unless it has been visually inspected at the site of
installation to ensure that it is not damaged in a manner that could impair its
strength or reduce its serviceability.
h. The pipe must be handled in a manner that
minimizes stress and avoids physical damage to the pipe during stringing,
joining, or lowering in. During the lowering in process the pipe string must be
properly supported so as not to induce excess stresses on the pipe or the pipe
joints or cause weakening or damage to the outer surface of the pipe.
i. When a trench for an underground gathering
pipeline is backfilled, it must be backfilled in a manner that provides firm
support under the pipe and prevents damage to the pipe and pipe coating from
equipment or from the backfill material. Sufficient backfill material must be
placed in the haunches of the pipe to provide long-term support for the pipe.
Backfill material that will be within two feet of the pipe must be free of
rocks greater than two inches in diameter and foreign debris. Backfilling
material must be compacted as appropriate during placement in a manner that
provides support for the pipe and reduces the potential for damage to the pipe
and pipe joints.
j. Cover depths
must be a minimum of four feet [1.22 meters] from the top of the pipe to the
finished grade. The cover depth for an undeveloped governmental section line
must be a minimum of six feet [1.83 meters] from the top of the pipe to the
finished grade.
k. Underground
gathering pipelines that traverse environmentally sensitive areas, such as
wetlands, streams, or other surface waterbodies, must be installed in a manner
that minimizes impacts to these areas. Any horizontal directional drilling plan
prepared by the owner or required by the director, must be filed with the
commission, prior to the commencement of horizontal directional
drilling.
l. Clamping or squeezing
as a method of connecting any produced water underground gathering pipeline
must be approved by the director. Prior to clamping or squeezing the pipeline,
the owner shall file a sundry notice (form 4 or form provided by the
commission) with the director and obtain approval of the clamping or squeezing
plan. The notice must include documentation that the pipeline can be safely
clamped or squeezed as prescribed by the manufacturer's specifications. Any
damaged portion of a produced water underground gathering pipeline that has
been clamped or squeezed must be replaced before it is placed into
service.
5. Pipeline
reclamation.
a. When utilizing excavation for
pipeline installation, repair, or abandonment, topsoil must be stripped,
segregated from the subsoils, and stockpiled for use in reclamation. "Topsoil"
means the suitable plant growth material on the surface; however, in no event
shall this be deemed to be more than the top twelve inches [30.48 centimeters]
of soil or deeper than the depth of cultivation, whichever is
greater.
b. The pipeline
right-of-way must be reclaimed as closely as practicable to original condition.
All stakes, temporary construction markers, cables, ropes, skids, and any other
debris or material not native to the area must be removed from the right-of-way
and lawfully disposed of.
c. During
right-of-way reclamation all subsoils and topsoils must be returned in proper
order to as close to the original depths as practicable.
d. The reclaimed right-of-way soils must be
stabilized to prevent excessive settling, sluffing, cave-ins, or
erosion.
e. The crude oil and
produced water underground gathering pipeline owner is responsible for their
right-of-way reclamation and maintenance until such pipeline is released by the
commission from the pipeline bond pursuant to section 43-02-03-15.
6. Inspection.
All newly constructed crude oil and produced water
underground gathering pipelines must be inspected by third-party independent
inspectors to ensure the pipeline is installed as prescribed by the
manufacturer's specifications and in accordance with the requirements of this
section. A list of all third-party independent inspectors and a description of
each independent inspector's qualifications, certifications, experience, and
specific training must be provided to the commission upon request. A person may
not be used to perform inspections unless that person has been trained and is
qualified in the phase of construction to be inspected. The third-party
independent inspector may not be an employee of the gathering pipeline
owner/operator or the contractor hired to construct and install the
pipeline.
7. Associated
pipeline facility.
No associated above ground equipment may be installed less
than five hundred feet [152.40 meters] from an occupied dwelling unless agreed
to in writing by the owner of the dwelling or authorized by order of the
commission.
All associated above ground equipment used to store crude oil
or produced water must be devoid of leaks and constructed of materials
resistant to the effects of crude oil, produced water, brines, or chemicals
that may be contained therein. The above materials requirement may be waived by
the director for tanks presently in service and in good condition. Unused tanks
and associated above ground equipment must be removed from the site or placed
into service, within a reasonable time period, not to exceed one year.
Dikes must be erected around all produced water or crude oil
tanks at any new facility prior to placing the associated underground gathering
pipeline into service. Dikes must be erected and maintained around all crude
oil or produced water tanks or above ground equipment, when deemed necessary by
the director. Dikes as well as the base material under the dikes and within the
diked area must be constructed of sufficiently impermeable material to provide
emergency containment. Dikes must be of sufficient dimension to contain the
total capacity of the largest tank plus one day's fluid throughput. The
required capacity of the dike may be lowered by the director if the necessity
therefor can be demonstrated to the director's satisfaction. Discharged crude
oil or produced water must be properly removed and may not be allowed to remain
standing within or outside of any diked areas.
The underground gathering pipeline owner shall take steps to
minimize the amount of solids stored at the pipeline facility, although the
remediation of such material may be allowed onsite, if approved by the
director.
8. Underground
gathering pipeline as built.
The owner of any underground gathering pipeline placed into
service after July 31, 2011, shall file with the director, as prescribed by the
director, within one hundred eighty days of placing into service, a
geographical information system layer utilizing North American datum 83
geographic coordinate system and in an environmental systems research institute
shape file format showing the location of all associated above ground equipment
and the pipeline centerline from the point of origin to the termination point.
An affidavit of completion shall accompany each layer containing the following
information:
a. A third-party
inspector certificate that the pipeline was constructed and installed in
compliance with section 43-02-03-29.1.
b. The outside diameter, minimum wall
thickness, composition, and maximum temperature rating of the pipeline, or any
other specifications deemed necessary by the director.
c. The maximum allowable operating pressure
of the pipeline.
d. The specified
minimum yield strength and internal yield pressure of the pipeline if
applicable to the composition of pipe.
e. The type of fluid that will be transported
in the pipeline.
f. Pressure and
duration to which the pipeline was tested prior to placing into
service.
g. The minimum pipeline
depth of burial from the top of the pipe to the finished grade.
h. In-service date.
i. Leak protection and monitoring methods
that will be utilized after in-service date.
j. Any leak detection methods that have been
prepared by the owner.
k. The name
of the pipeline gathering system and any other separately named portions
thereof.
l. Accuracy of the
geographical information system layer.
9. Operating requirements.
The maximum operating pressure for all crude oil and produced
water underground gathering pipelines may not exceed the manufacturer's
specifications of the pipe or the manufacturer's specifications of any other
component of the pipeline, whichever is less. The maximum operating pressure of
any portion of an underground gathering system may not exceed the test pressure
from the most recent integrity test demonstration following modification or
repair for which it was tested.
The crude oil or produced water underground gathering
pipeline must be equipped with adequate controls and protective equipment to
prevent the pipeline from operating above the maximum operating
pressure.
10. Leak
protection, detection, and monitoring.
All crude oil and produced water underground gathering
pipeline owners shall file with the commission any leak protection and
monitoring plan prepared by the owner or required by the director, pursuant to
North Dakota Century Code section 38-08-27.
If any leak detection plan has been prepared by the owner, it
must be submitted to the director.
All crude oil or produced water underground gathering
pipeline owners shall develop and maintain a data sharing plan. The plan must
provide for real-time sharing of data between the operator of the production
facility, the crude oil or produced water underground gathering pipeline owner,
and the operator at the point or points of disposal, storage, or sale. If a
discrepancy in the shared data is observed, the party observing the data
discrepancy shall notify all other parties and action must be taken to
determine the cause. A record of all data discrepancies must be retained by the
crude oil or produced water underground gathering pipeline owner. If requested,
copies of such records must be filed with the commission.
11. Spill response.
All crude oil and produced water underground gathering
pipeline owners shall maintain a spill response plan during the service life of
any crude oil or produced water underground gathering pipeline. The plan should
detail the necessary steps for an effective and timely response to a pipeline
spill. The spill response plan should be tailored to the specific risks in the
localized area. Response capabilities should address access to equipment and
tools necessary to respond, as well as action steps to protect the health and
property of impacted landowners, citizens, and the environment.
12. Corrosion control.
a. Underground gathering pipelines must be
designed to withstand the effects of external corrosion and maintained in a
manner that mitigates internal corrosion.
b. All metallic underground gathering
pipelines installed must have sufficient corrosion control.
c. All coated pipe must be electronically
inspected prior to placement using coating deficiency (i.e. holiday) detectors
to check for any faults not observable by visual examination. The holiday
detector must be operated in accordance with manufacturer's instructions and at
a voltage level appropriate for the electrical characteristics of the pipeline
system being tested. During installation all joints, fittings, and tie-ins must
be coated with materials compatible with the coatings on the pipe. Coating
materials must:
(1) Be designed to mitigate
corrosion of the buried pipeline;
(2) Have sufficient adhesion to the metal
surface to prevent under film migration of moisture;
(3) Be sufficiently ductile to resist
cracking;
(4) Have enough strength
to resist damage due to handling and soil stress;
(5) Support any supplemental cathodic
protection; and
(6) If the coating
is an insulating type, have low moisture absorption and provide high electrical
resistance.
d. Cathodic
protection systems must meet or exceed the minimum criteria set forth in the
National Association of Corrosion Engineers standard practice Control of
External Corrosion on Underground or Submerged Metallic Piping
Systems.
e. If internal corrosion
is anticipated or detected, the underground gathering pipeline owner shall take
prompt remedial action to correct any deficiencies, such as increased pigging,
use of corrosion inhibitors, internal coating of the pipeline (e.g. an epoxy
paint or other plastic liner), or a combination of these methods. Corrosion
inhibitors must be used in sufficient quantity to protect the entire part of
the pipeline system that the inhibitors are designed to protect.
13. Pipeline integrity.
A crude oil or produced water underground gathering pipeline
owner may not operate a pipeline unless it has been pressure tested and
demonstrated integrity. In addition, an owner may not return to service a
portion of pipeline which has been repaired, replaced, relocated, or otherwise
changed until it has demonstrated integrity.
a. The crude oil and produced water
underground gathering pipeline owner shall notify the commission at least
forty-eight hours prior to commencement of any pipeline integrity test to allow
a representative of the commission to witness the testing process and results.
The notice must include the pipeline integrity test procedure.
b. The crude oil and produced water
underground gathering pipeline owner shall submit within sixty days of the
underground gathering pipeline being placed into service the integrity test
results which must include the following:
(1)
The name of the pipeline gathering system and any other separately named
portions thereof;
(2) The date of
the test;
(3) The duration of the
test;
(4) The length of pipeline
which was tested;
(5) The maximum
and minimum test pressure;
(6) The
starting and ending pressure;
(7) A
copy of the chart recorder or digital log results;
(8) A geographical information system layer
utilizing North American datum 83 geographic coordinate system and in an
environmental systems research institute shape file format showing the location
of the centerline of the portion of the pipeline that was tested;
(9) A copy of the test procedure used;
and
(10) A third-party inspector
certificate summarizing the pipeline has been pressure tested and whether it
demonstrated integrity, including the identification of any leaks, ruptures, or
other integrity issues encountered, and an explanation for any substantial
pressure gain or losses during the integrity test, if applicable.
c. All crude oil and produced
water underground gathering pipeline owners shall maintain a pipeline integrity
demonstration plan during the service life of any crude oil or produced water
underground gathering pipeline. The director, for good cause, may require a
pipeline integrity demonstration on any crude oil or produced water underground
gathering pipeline.
14.
Pipeline repair.
Each owner, in repairing an underground gathering pipeline or
pipeline system, shall ensure that the repairs are made in a manner that
prevents damage to persons or property.
An owner may not use any pipe, valve, or fitting, for
replacement or repair of an underground gathering pipeline, unless it is
designed to meet the maximum operating pressure.
a. At least forty-eight hours prior to any
underground gathering pipeline repair or replacement, the underground gathering
pipeline owner shall notify the commission, as provided by the director, except
in an emergency.
b. Within one
hundred eighty days of repairing or replacing any underground gathering
pipeline the owner of the pipeline shall file with the director a geographical
information system layer utilizing North American datum 83 geographic
coordinate system and in an environmental systems research institute shape file
format showing the location of the centerline of the repaired or replaced
pipeline and an affidavit of completion containing the following information:
(1) A statement that the pipeline was
repaired in compliance with section 43-02-03-29.1.
(2) The reason for the repair or
replacement.
(3) The length of
pipeline that was repaired or replaced.
(4) Pressure and duration to which the
pipeline was tested prior to returning to service.
c. Clamping or squeezing as a method of
repair for any produced water underground gathering pipeline must be approved
by the director. Prior to clamping or squeezing the pipeline, the owner shall
file a sundry notice (form 4) with the director and obtain approval of the
clamping or squeezing plan. The notice must include documentation that the
pipeline can be safely clamped or squeezed as prescribed by the manufacturer's
specifications. If an emergency requires clamping or squeezing, the owner or
the owner's agent shall obtain verbal approval from the director and the notice
shall be filed within seven days of completing the repair. Any damaged portion
of a produced water underground gathering pipeline that has been clamped or
squeezed must be replaced before it is returned to service.
15. Pipeline abandonment.
a. At least forty-eight hours prior to
abandoning any underground gathering pipeline, the underground gathering
pipeline owner shall notify the director verbally.
b. When an underground gathering pipeline or
any part of such pipeline is abandoned as defined under subsection 1 of North
Dakota Century Code section 38-08-02 after March 31, 2014, the owner shall
leave such pipeline in a safe condition by conducting the following:
(1) Disconnect and physically isolate the
pipeline from any operating facility, associated above ground equipment, or
other pipeline.
(2) Cut off the
pipeline or the part of the pipeline to be abandoned below surface at pipeline
level.
(3) Purge the pipeline with
fresh water, air, or inert gas in a manner that effectively removes all
fluid.
(4) Remove cathodic
protection from the pipeline.
(5)
Permanently plug or cap all open ends by mechanical means or welded
means.
(6) The site of all
associated above ground equipment must be reclaimed pursuant to section 43-02-03-34.1.
(7) If the bury
depth is not at least three feet below final grade, such portion of pipe must
be removed.
c. Within
one hundred eighty days of completing the abandonment of an underground
gathering pipeline the owner of the pipeline shall file with the director a
geographical information system layer utilizing North American datum 83
geographic coordinate system and in an environmental systems research institute
shape file format showing the location of the pipeline centerline and an
affidavit of completion containing the following information:
(1) A statement that the pipeline was
abandoned in compliance with section 43-02-03-29.1.
(2) The type of fluid used to purge the
pipeline.
(3) The date of pipeline
abandonment.
(4) The length of
pipeline abandoned.
General Authority: NDCC 38-08-04
Law Implemented: NDCC
38-08-04
