Federal Pipeline Safety Rulemaking Update – November 2016

This update includes information from the November Report on DOT Significant Rulemakings, updated with currently available information on the following pipeline safety rules:

Final and interim final rules:

Safety of Hazardous Liquid Pipelines

Safety of Gas Transmission and Gathering Pipelines
(2011 Retrospective Regulatory Review)

Underground Storage Facilities for Natural Gas

Pending rules:

Amendments to Parts 192 and 195 to require Valve installation and Minimum Rupture Detection Standards

Final and interim final rules:

Pipeline Safety: Safety of Hazardous Liquid Pipelines

RIN-2137-AE66 / Docket no. PHMSA-2010-0229
Affects: 49 CFR 195

In recent years, there have been significant hazardous liquid pipeline accidents, most notably the 2010 crude oil spill near Marshall, Michigan, during which almost one million gallons of crude oil were spilled into the Kalamazoo River. In response to accident investigation findings, incident report data and trends, and stakeholder input, PHMSA published an Advance Notice of Proposed Rulemaking (ANPRM) in the Federal Register on October 18, 2010. The ANPRM solicited stakeholder and public input and comments on several aspects of hazardous liquid pipeline regulations being considered for revision or updating in order to address the lessons learned from the Marshall, Michigan accident and other pipeline safety issues. Subsequently, Congress enacted the Pipeline Safety, Regulatory Certainty, and Job Creation Act that included several provisions that are relevant to the regulation of hazardous liquid pipelines. Shortly after the Pipeline Safety, Regulatory Certainty, and Job Creation Act was passed, the National Transportation Safety Board (NTSB) issued its accident investigation report on the Marshall, Michigan accident. In it, NTSB made additional recommendations regarding the need to revise and update hazardous liquid pipeline regulations.

Rulemaking Project Initiated: 08/13/2010
Stage: Final Rule   Previous Stage: NPRM 10/13/2015

Dates for Final Rule

Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 05/13/2016 08/01/2016 07/29/2016
To OMB 06/21/2016 10/19/2016  10/18/2016
OMB Clearance 09/21/2016 12/20/2016
Publication Date 10/03/2016 12/30/2016

Pipeline Safety: Safety of Gas Transmission and Gathering Pipelines (2011 Retrospective Regulatory Review)

RIN 2137–AE72  / Docket no. PHMSA-2011-0023
Affects: 49 CFR 192

PHMSA is amending the pipeline safety regulations to address integrity management principles for Gas Transmission pipelines. In particular, PHMSA is addressing repair criteria for both HCA and non-HCA areas, assessment methods, validating and integrating pipeline data, risk assessments, knowledge gained through the IM program, corrosion control, change management, gathering lines, and safety features on launchers and receivers.

Rulemaking Project Initiated: 01/04/2011
Stage: Final Rule    Prompting Action: 2011 Retrospective Regulatory Review
Previous Stage:
ANPRM 8/25/2011; End of C/P 12/2/2011; End of Extended C/P 1/20/2012.
NPRM: Publication Approved 03/11/2016; Publication Date 04/08/2016; End of Comment Period 06/08/2016; Extension of Comment Period.
NPRM: Publication Approved 03/11/2016; Publication Date 04/08/2016; End of Comment Period 06/08/2016; Extension of Comment Period.

Dates for Final Rule

Milestone Originally 
Scheduled
Date
New 
Projected
Date
Actual 
Date
To OST 07/18/2017
To OMB 08/29/2017
OMB Clearance 11/29/2017
Publication Date 12/11/2017

Pipeline Safety: Underground Storage Facilities for Natural Gas

RIN 2137-AF22 / Docket no. PHMSA-2016-0023
Affects: 49 USC 60101, 60141, 60302; 49 CFR 191, 192

PHMSA has safety authority over the underground storage facilities used in natural gas pipeline transportation, but has no safety regulations in the DOT Code (49 CFR Part 192) that apply to the down-hole underground storage reservoir for natural gas. PHMSA is planning to issue an interim final rule will use this regulation to require operators of underground storage facilities for natural gas to comply with minimum safety standards, including compliance with API RP 1171, Functional Integrity of Natural Gas Storage in Depleted Hydrocarbon Reservoirs and Aquifer Reservoirs, and API RP 1170, Design and Operation of Solution-mined Salt Caverns Used for Natural Gas Storage. PHMSA is considering adopting the non-mandatory provisions of the RPs in a manner that would make them mandatory, except that operators would be permitted to deviate from the RPs if they provide justification.

Rulemaking Project Initiated: 02/17/2016
Stage: Interim Final Rule    Federal Register Citation: 81 FR 91860

Dates for Interim Final Rule

Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 06/24/2016 08/31/2016 08/19/2016
To OMB 08/15/2016 11/02/2016  10/18/2016
OMB Clearance 11/15/2016 02/02/2017  N/A
Publication Date 11/25/2016 02/14/2017  12/19/2016

Pending rules

Pipeline Safety: Amendments to Parts 192 and 195 to require Valve installation and Minimum Rupture Detection Standards

RIN 2137-AF06   / Docket no. PHMSA 2013-0255
Affects: 49 CFR 192 and 195

This rule would propose installation of automatic shutoff valves, remote controlled valves, or equivalent technology and establish performance based meaningful metrics for rupture detection for gas and liquid transmission pipelines. The overall intent is that rupture detection metrics will be integrated with ASV and RCV placement with the objective of improving overall incident response. Rupture response metrics would focus on mitigating large, unsafe, uncontrolled release events that have a greater potential consequence. The areas proposed to be covered include High Consequence Areas (HCA) for hazardous liquids and HCA, Class 3 and 4 for natural gas (including could affect areas).

Rulemaking Project Initiated: 11/21/2013
Stage: NPRM

Dates for NPRM

Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 08/22/2014 12/31/2015 12/24/2015
Returned to Mode 02/04/2016 02/04/2016
Resubmitted to OST/2 12/14/2016
To OMB 09/22/2014 01/24/2017
OMB Clearance 12/22/2014 04/24/2017
Publication Date 01/06/2015 05/03/2017
End of Comment Period 02/26/2015 07/03/2017

Get all of these updates, plus advisory bulletins and notices issued by PHMSA and other agencies by signing up for the the WinDOT Rapid Update Service today! It’s a FREE service that puts all this information right at your fingertips, in your inbox, as updates occur.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s