23-15-203. Definitions.

23-15-203. Definitions. As used in this subchapter, unless the context otherwise requires: (1) “Commission” means the Arkansas Public Service Commission; (2) “Gas” means natural gas, flammable gas, or gas which is toxic or corrosive; (3) “Interstate transmission facilities” means pipeline facilities used in the transportation of gas which are subject to the jurisdiction of the Federal Energy Regulatory Commission under the Natural Gas Act, 15 U.S.C. §§ 717 — 717z; (4) “Municipality” means a city, county, or any other political subdivision of a state; (5) “Person” means an individual, firm, joint venture, partnership, corporation, association, state, municipality, cooperative association, or joint-stock association and includes any trustee, receiver, assignee, or personal representative thereof; (6) “Petroleum refinery” means an industrial or manufacturing facility or plant primarily engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, or other products through the processing of petroleum crude oil that is subject to: (A) The United States Environmental Protection Agency Standards of Performance for New Stationary Sources set forth in 40 C.F.R. Part 60, Subpart GGG or successor regulations; (B) The United States Environmental Protection Agency chemical accident prevention provisions set forth in 40 C.F.R. Part 68, Subparts A, B, D, E, F, G, and H or successor regulations; and (C) The United States Occupational Safety and Health Administration regulations governing process safety management of highly hazardous chemicals set forth in 29 C.F.R. § 1910.119 or successor regulations; (7) “Pipeline facilities” includes, without limitation, pipe, pipe rights-of-way, and any equipment facility or building used in the transportation of gas or the treatment of gas during the course of transportation of gas, but rights-of-way as used in this subchapter does not authorize the commission to prescribe the location or routing of any pipeline facility; (8) “Production facilities” includes, without limitation, piping or equipment used in the production, extraction, recovery, lifting, stabilization, separation, or treatment of natural gas or associated storage or measurement from the wellhead to a meter where the gas is transferred to a custodian other than the well operator for gathering or transport, commonly known as a “custodial transfer meter”; (9) “Production process” means the extraction of gas from the geological source of supply to the surface of the earth, thence through the lines and equipment used to treat, compress, and measure the gas between the wellhead and the meter where it is either sold or delivered to a custodian other than the well operator for gathering and transport to a place of sale, sometimes called a “custodial transfer meter”; and (10)(A) “Transportation of gas” means the gathering, transmission, or distribution of gas by pipeline or the storage of gas in or through any pipeline facilities other than interstate transmission facilities as defined in this section. (B) “Transportation of gas” shall not include production facilities or the production process. (C) “Transportation of gas” shall include the gathering, transmission, or distribution of natural gas containing one hundred (100) or more parts per million of hydrogen sulfide from the custodial transfer meter through any pipeline, rural or nonrural, to and through any pipeline facility that removes hydrogen sulfide, except that portion of such a pipeline or pipeline facility that is located within the fenced boundary of a petroleum refinery.