Public Service Commission

Administration

Rule 409: Pipeline Safety

Effective Date: 09/22/2026

Admin. Code Reference: R746-409

Rule Type: Current Rule

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: Amendment

Filing ID: 58119

Rule or section number:

R746-409

1. Agency Information

Title catchline:

Public Service Commission, Administration

Building:

Heber M Wells Building

Street address:

160 E 300 S, 4th Floor

City, state:

Salt Lake City, UT

Mailing address:

PO Box 144558

City, state and zip:

Salt Lake City, UT 84114-4558

2. Contact Persons

Name:

Phone:

Email:

John Delaney

801-530-6724

jdelaney@utah.gov

Please address questions regarding information on this notice to the persons listed above.

3. General Information

A. Rule or section catchline:

R746-409. Pipeline Safety

B. Purpose of the new rule or reason for the change:

Section R746-409-1 of the Public Service Commission (PSC) Administration Rules incorporates by reference provisions of the Code of Federal Regulations (CFRs) pertaining to pipeline safety.

The federal guidelines for states participating in the Federal Pipeline Safety Grant program have changed since September 1, 2023.

As a participant, the State of Utah must therefore update this rule to adopt amendments that have been added to the CFRs after the date currently shown in this state rule.

C. Summary of the new rule or change:

Amendments have been added to Parts 191 and 192 of the CFRs since September 1, 2023. Part 191 – Pipeline Safety: Editorial Change to Reflect the Name Change of the Gulf of Mexico to the Gulf of America.

The Pipeline and Hazardous Materials Safety Administration (PHMSA) is amending its regulations to change the name of the body of water known previously as the "Gulf of Mexico" to the "Gulf of America." Part 192 – Pipeline Safety: Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments.

PHMSA is amending the Federal pipeline safety regulations to incorporate by reference all or parts of more than 20 new or updated voluntary, consensus industry technical standards. This action allows pipeline operators to use current technologies, improved materials, and updated industry and management practices.

Additionally, PHMSA is clarifying certain regulatory provisions and making several editorial corrections. Part 192 – Pipeline Safety: Requirement of Valve Installation and Minimum Rupture Detection Standards: Response to Petition for Reconsideration; Additional Technical Corrections.

In response to a Petition for Reconsideration of an August 1, 2023, technical correction rule, PHMSA is issuing additional corrections codifying a decision of the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) regarding the final rule titled "Pipeline Safety: Requirement of Valve Installation and Minimum Rupture Detection Standards." Part 192 -- Pipeline Safety: Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments; Technical Correction.

PHMSA is issuing a technical correction to regulations promulgated in its April 29, 2024, final rule titled "Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments." The correction addresses text that was inadvertently deleted or omitted by the final rule. Part 192 – Pipeline Safety: Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments; Additional Technical Amendments; Response to Petition for Reconsideration.

PHMSA is issuing technical amendments to regulations promulgated in its April 29, 2024, final rule titled "Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments." These technical amendments address the incorporation by reference of an updated edition of industry standard, ASME B31.8S, into specific provisions that the final rule did not update due to then-pending litigation.

These technical amendments also respond to a Petition for Reconsideration filed on May 29, 2024. Part 192 – Pipeline Safety: Safety of Gas Transmission Pipelines: Repair Criteria, Integrity Management Improvements, Cathodic Protection, Management of Change, and Other Related Amendments: Corrections to Conform to Judicial Review. These amendments conform part 192 of the CFR to the August 2024 order of the D.C. Circuit by removing several vacated provisions.

Part 192 – Pipeline Safety: Editorial Change to Reflect the Name Change of the Gulf of Mexico to the Gulf of America. PHMSA is amending its regulations to change the name of the body of water known previously as the "Gulf of Mexico" to the "Gulf of America."

5. Fiscal Information

Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

$0. The amendment updates a current rule that already adopts federal safety regulations pertaining to pipeline safety to incorporate recent federal amendments in the state rule.

It should not affect the state budget because operators will continue to remain compliant with the federal and state pipeline safety rules without incurring any more than negligible cost increases, if any. The changes do not affect state government budgets.

B. Local governments:

$0. The amendment updates a current rule that already adopts federal safety regulations pertaining to pipeline safety to incorporate recent federal amendments in the state rule.

It should not affect local governments because operators will continue to remain compliant with the federal and state pipeline safety rules without incurring any more than negligible cost increases, if any. The changes do not affect local governments.

C. Small businesses ("small business" means a business employing 1-49 persons):

$0. The amendment updates a current rule that already adopts federal safety regulations pertaining to pipeline safety to incorporate recent federal amendments in the state rule.

It should not affect small businesses because operators will continue to remain compliant with the federal and state pipeline safety rules without incurring any more than negligible cost increases, if any. The changes do not affect small businesses.

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

$0. The amendment updates a current rule that already adopts federal safety regulations pertaining to pipeline safety to incorporate recent federal amendments in the state rule.

It should not affect non-small businesses because operators will continue to remain compliant with the federal and state pipeline safety rules without incurring any more than negligible cost increases, if any. The changes do not affect non-small businesses.

E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):

$0. Businesses that perform work subject to the federal safety regulations may incur costs to comply under the existing rule, which is already incorporated by reference pursuant to Section 54-13-3.

However, the amendments to this rule since September 1, 2023, are not anticipated to add any more than negligible cost increases, if any.

Therefore, the amendment should have no fiscal impact.

F. Compliance costs for affected persons:

$0. Businesses that perform work subject to the federal safety regulations may incur costs to comply under the existing rule, which is already incorporated by reference pursuant to Section 54-13-3.

However, the amendments to the rule since September 1, 2023, are not anticipated to add to any costs.

Therefore, the amendment should have no fiscal impact.

6. Regulatory Impact Summary Table

Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."

Fiscal Cost

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Cost

Fiscal Benefits

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits

Net Fiscal Benefits

7. Regulatory Impact Analysis Approval

The amendments to Section R746-409-1 since September 1, 2023, are not anticipated to add any more than negligible cost increases, if any. Therefore, the amendment should have no fiscal impact.

The Chair of the Public Service Commission, Jerry D. Fenn, has reviewed and approved this regulatory impact analysis.

8. Family Impact Information

A. The agency has considered this rule's impact on family health, stability, and formation:

☒

9. Citation Information

Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:

Section 54-13-3

Section 54-13-5

Section 54-13-6

10. Incorporation by Reference Information

Incorporation by Reference (if this rule incorporates more than two items by reference, please include additional tables):

A. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

Code of Federal Regulations, Title 49

Publisher

Office of the Federal Register

Issue Date

2025

11. Public Notice Information

The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until:

09/14/2026

12. Effective Date Information

This rule change MAY become effective on:

(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)

09/21/2026

13. Agency Authorization Information

Agency head or

designee and title:

Jerry D. Fenn, PSC Chair

Date:

07/23/2026

R746. Public Service Commission, Administration.

R746-409. Pipeline Safety.

R746-409-1. General Provisions.

A. Scope and Applicability -- Pursuant to Title 54, Chapter 13, Natural Gas Pipeline Safety, Rule R746-409 shall apply to persons engaged in the transportation of gas as defined in CFR Title 49, Parts 191 and 192.

B. Adoption of parts of CFR Title 49 -- The Commission incorporates by reference the following parts of CFR Title 49, effective September 1, 202[3]5:

1. Part 190 with the exclusion of Part 190.223, which is superseded by Section 54-13-8, Violation of chapter -- Penalty;

2. Part 191;

3. Part 192;

4. Part 193;

5. Part 198; and

6. Part 199.

C. Persons engaged in the transportation of gas, including distribution of gas through a master-metered system, shall comply with the requirements of CFR Title 49, identified in Subsection R746-409-1(B), including the minimum safety standards.

R746-409-2. Definitions.

The following definitions apply to this rule:

A. "Authorized Inspector" means a person employed or authorized by the Commission or the director of the Division.

B. "CFR" means the Code of Federal Regulations.

C. "Commission" means the Public Service Commission of Utah.

D. "Division" means the Division of Public Utilities, Utah Department of Commerce.

E. "Federally Reportable Incident" has the same meaning set forth in CFR Title 49, Part 191.3, Definitions, Incident.

F. "Operator" has the same meaning set forth in CFR Title 49, Part 191.3, Definitions, Operator.

G. "Part 190" means CFR Title 49, Part 190, Pipeline Safety Programs and Rulemaking Procedures.

H. "Part 191" means CFR Title 49, Part 191, Transportation of Natural and Other Gas by Pipeline; Annual Reports, Incident Reports, and Safety-Related Condition Reports.

I. "Part 192" means CFR Title 49, Part 192, Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards.

J. "Part 198" means CFR Title 49, Part 198, Regulations for Grants to Aid State Pipeline Safety Programs.

K. "Part 199" means CFR Title 49, Part 199, Drug and Alcohol Testing.

L. "Pipeline Facility" has the same meaning set forth in CFR Title 49, Part 191.3, Definitions, Pipeline or Pipeline system.

M. "State Reportable Incident" means an event that falls within the definition of a federally reportable incident or a safety-related condition as identified in CFR Title 49, Part 191.23, Reporting safety-related conditions, or meets one or more of the following:

1. Results in damage to any segment of:

a. steel main, 12 inches or greater in diameter; or

b. transmission pipeline;

2. Requires removal from service or repair of any segment of:

a. steel main, 12 inches or greater in diameter; or

b. transmission pipeline;

3. Results in property damage of $15,000 or more, including the loss to the operator, others, or both, but excluding the cost of gas that is lost;

4. Results in the loss of gas service to ten or more customers; or

5. Results in the known evacuation of any highly populated areas including commercial businesses, office buildings, eateries, schools, churches, or public meeting places.

N. "Transportation of Gas" has the same meaning set forth in CFR Title 49, Part 191.3, Definitions, Transportation of gas.

R746-409-3. Inspections.

A. Access for inspection

1. During Normal Business Hours -- During normal business hours, an authorized inspector, upon presentation of appropriate credentials, may enter an operator's offices and pipeline facilities to inspect and examine the records and pipeline facilities, if the records and pipeline facilities are relevant to determining compliance with applicable state and federal pipeline safety statutes, rules, and regulations.

2. Outside of Normal Business Hours -- For incidents occurring outside of normal business hours, an authorized inspector, upon presentation of appropriate credentials, may enter an operator's pipeline facilities involved in or associated with an incident to inspect and examine the pipeline facilities, if inspection of the pipeline facility is relevant to determining compliance with applicable state and federal pipeline safety statutes, rules, and regulations.

B. Reasons for Inspection -- Inspections are ordinarily conducted pursuant to one of the following:

1. Routine inspection, including a compliance inspection;

2. A complaint received from a member of the public;

3. Information obtained from a previous inspection;

4. A pipeline incident; or

5. When considered appropriate by the Commission.

C. Testing -- To the extent necessary to carry out its responsibilities, the Commission may require testing of portions of intrastate pipeline facilities that have been involved in or affected by an incident.

D. Further Action -- When information obtained from an authorized inspector or from other appropriate sources shows that further action is warranted, the Division shall issue a warning letter to an operator and, if necessary, initiate proceedings, including seeking the issuance of Commission subpoenas to compel the production of records and the taking of testimony, hearings, and related procedures, before the Commission.

R746-409-4. Reporting and Notification Requirements.

A. An operator must comply with the notification and reporting requirements contained in Part 191 and Section R746-409-4.

B. Telephonic notification to the Division.

1. For incidents requiring immediate notice under Part 191.5, an operator must also provide contemporaneous telephonic notification of the information required under Part 191.5 to the Division at (844)-GAS-2525 or (844)-427-2525.

2. State Reportable Incidents. An operator shall provide telephonic notice to the Division at (844)-GAS-2525 or (844)-427-2525 of each state reportable incident, including the location and known details when reporting, at the earliest practicable moment when safely possible following discovery.

C. Written Reports required by Part 191. For the reports required under Part 191, including updates and supplemental reports, an operator shall contemporaneously furnish these reports to the Commission and the Division in accordance with Subsection R746-409-4(F).

D. Excavation Damage Quarterly Report. Each operator with more than 10,000 customers shall file a quarterly excavation damage report within 60 days after the end of each quarter with the Commission and the Division in accordance with Subsection R746-409-4(F) on a form approved by the Division.

E. Reports Relating to Safety Issues. An operator shall prepare and file reports relating to safety issues as requested and described by the Commission or the Division in accordance with Subsection R746-409-4(F).

F. Filing of Written Reports:

1. Each required written report shall be filed with the Commission in accordance with the Commission's filing requirements posted on the Commission's website at https://psc.utah.gov/.

2. Each required written report shall be filed electronically with the Division at the following e-mail address: pipelinesafety@utah.gov.

R746-409-5. Written Plans.

An operator must develop and implement the plans required in Parts 192 and 199, including operations and maintenance plans, emergency response plans, public awareness plans, operator qualifications plans, anti-drug and alcohol misuse plans, and integrity management plans, including both transmission and distribution. These plans must be made available to the Commission or the Division upon request.

R746-409-6. Remedies.

A. Rules of Practice and Procedure -- The Commission's Administrative Procedures Act Rule, Rule R746-1, shall govern and control proceedings before the Commission regarding pipeline safety, with the exception of the additional remedies and procedures named in Section R746-409-6.

B. Hazardous Facility Order -- If the Commission finds, after notice and a hearing, that a particular intrastate pipeline facility is hazardous to life or property, it may issue a Hazardous Facility Order requiring the owner or operator of the intrastate pipeline facility to take corrective action. Civil penalties set forth in Section 54-13-8 may also be imposed. Corrective action may include suspended or restricted use of the facility, physical inspection, testing, repair, replacement, or other action as may be appropriate.

C. Waiver of Notice and Hearing -- The Commission may waive the requirement for notice and hearing in Subsection R746-409-6(B) before issuing an order pursuant to this section when it or the Division determines that the failure to do so would result in the likelihood of serious harm to life or property. However, the Commission shall include in the order an opportunity for hearing as soon as practicable after issuance of the order.

D. Hazardous Conditions -- The Commission may find an intrastate pipeline facility to be hazardous under Subsection R746-409-6(B) if:

1. Under the facts and circumstances the Commission determines the particular facility is hazardous to life or property; or

2. The intrastate pipeline facility, or a component of, has been constructed or operated with equipment, material, or technique that the Commission determines is hazardous to life or property, unless the operator involved demonstrates to the satisfaction of the Commission that, under the particular facts and circumstances involved, that equipment, material, or technique is not hazardous to life or property.

E. Considerations -- In making a determination under Subsection R746-409-6(D)(2), the Commission may consider, if relevant:

1. The characteristics of the pipe and other equipment used in the intrastate pipeline facility involved, including its age, manufacturer, or physical properties, including its resistance to corrosion and deterioration, and the method of its manufacture, construction, or assembly;

2. The nature of the materials transported by the facility, including their corrosive and deteriorative qualities, the sequence in which the materials are transported, and the pressure required for the transportation;

3. The aspects of the areas in which the intrastate pipeline facility is located, in particular the climatic and geologic conditions, including soil characteristics, associated with the areas, and the population density and population and growth patterns of these areas;

4. A recommendation of the National Transportation Safety Board issued in connection with an investigation conducted by the board;

5. Other factors as the Commission may consider appropriate.

F. Contents of Hazardous Facility Order -- A Hazardous Facility Order issued by the Commission shall contain the following information:

1. A finding that the pipeline facility is hazardous to life or property;

2. The relevant facts that form the basis for the finding;

3. The legal basis for the order;

4. The nature and description of particular corrective action required of the respondent;

5. The date by which the required action must be taken or finished and, when appropriate, the duration of the order.

G. No Longer Hazardous -- The Commission shall rescind or suspend a Hazardous Facility Order when it determines that the facility is no longer hazardous to life or property.

KEY: rules and procedures, safety, pipelines

Date of Last Change: 2026[July 8, 2024]

Notice of Continuation: February 18, 2026

Authorizing, and Implemented or Interpreted Law: 54-13-3; 54-13-5; 54-13-6

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