Federal Pipeline Safety Rulemaking Update – May 2018

In lieu of its May Report on Significant Rulemakings, the DOT has referred to the Office of Management and Budget Spring 2018 Unified Agenda of Regulatory and Deregulatory Actions.  Information below is from that list and from the PHMSA list of regulatory actions from the 2016 PIPES Act and the Pipeline Safety Act of 2011 (updated April 9, 2018):

Final and interim final rules:

Pending rules:

The Office of Management and Budget lists these additional rules in its Spring 2018 Unified Agenda of Regulatory and Deregulatory Actions:

Publication ID: Spring 2018

Final rule stage

Pipeline Safety: Safety of Hazardous Liquid Pipelines

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

This rulemaking would amend the Pipeline Safety Regulations to improve protection of the public, property, and the environment by closing regulatory gaps where appropriate, and ensuring that operators are increasing the detection and remediation of unsafe conditions, and mitigating the adverse effects of hazardous liquid pipeline failures.

Rulemaking Project Initiated: 08/13/2010
Stage: Final Rule (Delayed – Additional coordination necessary)

Previous Stage: ANPRM 10/18/2010 (75 FR 63774); C/P Extended 01/04/2011 (76 FR 303) and 01/18/2011; Extended C/P End 02/18/2011; NPRM 10/13/2015 (80 FR 61610); NPRM C/P End 01/08/2016.

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  01/10/2017
Returned to Mode 01/23/2017
Resubmitted to OST 04/25/2018
Resubmitted to OMB 06/08/2018
OMB Clearance / 2 09/07/2018
Publication Date 10/03/2016 09/19/2018

Pipeline Safety: Safety of Gas Transmission Pipelines, MAOP Reconfirmation, Expansion of Assessment Requirements and Other Related Amendments

RIN 2137–AE72  / Docket no. PHMSA-2011-0023
Affects: 49 CFR 191 and 192

This rulemaking would amend the pipeline safety regulations to address the testing and pressure reconfirmation of certain previously untested gas transmission pipelines and certain gas transmission pipelines with inadequate records, require operators incorporate seismicity into their risk analysis and data integration, require the reporting of maximum allowable operating pressure exceedances, allow a 6-month extension of integrity management reassessment intervals with notice, and expand integrity assessments outside of high consequence areas to other populated areas.

Rulemaking Project Initiated: 01/04/2011
Stage: Final Rule
Previous Stage: ANPRM 8/25/2011 (76 FR 53086); C/P Extended 11/16/2011 (76 FR 70953) and 12/2/2011; End of Extended C/P 1/20/2012. NPRM: 04/08/2016 (81 FR 20721); End of C/P/ 06/08/2016; Extension of C/P.

Milestone Originally
Scheduled
Date
New
Projected
Date
Actual Date
To OST 09/28/2018
To OMB 12/14/2018
OMB Clearance 03/04/2019
Publication Date 03/14/2019

Pipeline Safety: Safety of Gas Gathering Pipelines

RIN 2137-AF38 / Docket no. not assigned / Not yet published in unified agenda
Affects: 49 CFR 191 and 192

(Note: this rulemaking was branched from RIN 2137-AE72 above.) This rulemaking would require all gas gathering pipeline operators to report incidents and annual pipeline data. PHMSA is also extending regulatory safety requirements to Type A gathering lines in Class 1 locations and is proposing to change certain definitions related to gas gathering operation.

Rulemaking Project Initiated: 03/01/2018
Stage: Final Rule
Previous Stage: NPRM: Publication Approved 03/11/2016; Publication Date 04/08/2016 (81 FR 20722 as part of RIN 2137-AE72); End of C/P 06/08/2016; Extension of C/P.

Dates for Final Rule
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual Date
To OST 02/28/2019
To OMB 05/02/2019
OMB Clearance 08/02/2019
Publication Date 08/14/2019
End of Comment Period 10/14/2019

Pipeline Safety – Safety of Gas Transmission Pipelines, Repair Criteria, Integrity Management Improvements, Cathodic Protection, Management of Change, and Other Related Amendments

RIN 2137-AF39 / Docket no. not assigned / Not yet published in unified agenda
Affects: 49 CFR 192 and 195

(Note: this rulemaking was branched from RIN 2137-AE72 above.) This rulemaking would amend the pipeline safety regulations relevant to gas transmission pipelines by adjusting the repair criteria in high consequence areas and creating new criteria for non-high consequence areas, requiring the inspection of pipelines following extreme events, requiring safety features on in-line inspection tool launchers and receivers, updating and bolstering pipeline corrosion control, codifying a management of change process, clarifying certain integrity management provisions, and strengthening integrity management assessment requirements.

Rulemaking Project Initiated: 03/01/2018
Stage: Final Rule
Previous Stage: NPRM: Publication Approved 03/11/2016; Publication Date 04/08/2016 (81 FR 20722 as part of RIN 2137-AE72); End of C/P 06/08/2016; Extension of C/P.

Dates for Final Rule
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual Date
To OST 12/28/2018
To OMB 03/04/2019
OMB Clearance 06/04/2019
Publication Date 06/12/2019
End of Comment Period 08/12/2019

Pipeline Safety: Issues Related to the use of Plastic Pipe in Gas Pipeline Industry

RIN 2137-AE93 / Docket no. PHMSA 2014-0098
Affects: 49 CFR 192, 195

PHMSA is amending the Federal Pipeline Safety Regulations that govern the use of plastic piping systems in the transportation of natural and other gas. These amendments are necessary to enhance pipeline safety, adopt innovative technologies and best practices, and respond to petitions from stakeholders. The amendments include an increased design factor for polyethylene (PE) pipe, stronger mechanical fitting requirements, new and updated riser standards, new accepted uses of Polyamide-11 (PA-11) thermoplastic pipe, authorization to use Polyamide-12 (PA-12) thermoplastic pipe and new or updated consensus standards for pipe, fittings, and other components.

Rulemaking Project Initiated: 05/11/2012
Stage: Final Rule
Previous Stage: NPRM published 5/21/2015 (80 FR 29263); C/P closed 7/31/2015.

Dates for Final Rule
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual Date
To OST 12/22/2017
To OMB 05/16/2018
OMB Clearance 08/16/2018
Publication Date 06/30/2016 08/28/2018

Pending rules

Pipeline Safety: Class Location Requirements

RIN 2137-AF29 / Docket no. PHMSA-2017-0151
Affects: 49 CFR 192

This rulemaking regards existing class location requirements, specifically as they pertain to actions operators are required to take following class location changes. Operators have suggested that performing integrity management measures on pipelines where class locations have changed due to population increases would be an equally safe but less costly alternative to the current requirements of either reducing pressure, pressure testing, or replacing pipe. This request for public comment would be used to inform future regulatory or deregulatory efforts related to this topic.

Rulemaking Project Initiated: 06/29/2017
Stage: ANPRM
Previous Stage: N/A

Dates for ANPRM      
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual Date
To OST 11/06/2017  01/30/2018
To OMB 12/26/2017 N/A
Publication Date 04/09/2018 06/00/2018
End of Comment Period 06/11/2018 N/A

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

PHMSA is proposing to revise the Pipeline Safety Regulations applicable to newly constructed or entirely replaced natural gas transmission and hazardous liquid pipelines to improve rupture mitigation and shorten pipeline segment isolation times in high consequence and select non-high consequence areas. The proposed rule defines certain pipeline events as “ruptures” and outlines certain performance standards related to rupture identification and pipeline segment isolation. PHMSA also proposes specific valve maintenance and inspection requirements, and 9-1-1 notification requirements to help operators achieve better rupture response and mitigation. These proposals address congressional mandates, incorporate recommendations from the National Transportation Safety Board, and are necessary to reduce the serious consequences of large-volume, uncontrolled releases of natural gas and hazardous liquids.

Rulemaking Project Initiated: 11/21/2013
Stage: NPRM
Previous Stage: N/A

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 06/29/2018
To OMB 07/23/2018
OMB Approval 10/23/2018
Publication Date 01/06/2015 11/02/2018
End of Comment Period 02/26/2015 01/02/2018

Pipeline Safety: Enhanced Emergency Order Procedures

RIN: 2137-AF26  /  Docket no. PHMSA 2016-0091
Affects: 49 CFR 190

PHMSA issued an interim final rule (IFR) that established regulations implementing the emergency order authority conferred on the Secretary of Transportation by the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016 (PIPES Act of 2016 or Act). These regulations are mandated by the PIPES Act of 2016 and establish procedures for the issuance of emergency orders (restrictions, prohibitions) to address unsafe conditions or practices posing an imminent hazard. The purpose of these requirements is to improve PHMSA’s existing enforcement authority to allow us to respond immediately and effectively to conditions or practices that pose serious threats to life, property, or the environment. The next planned action is to finalize the interim final rule.

Rulemaking Project Initiated: 11/21/2013
Stage: Final Rule
Previous Stage: IFR piblished 10/14/2016 (81 FR 70980); C/P End 12/13/2016

Dates for Final Rule
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual Date
To OST 12/29/2017
To OMB 04/20/2018
OMB Clearance 07/20/2018
Publication Date 08/01/2018

Additional rules

The Office of Management and Budget lists these rules in its Spring 2018 Unified Agenda of Regulatory and Deregulatory Actions.

Pipeline Safety: Coastal Ecological Unusually Sensitive Areas

RIN: 2137-AF31  / Docket no: not assigned
Affects: 49 CFR 195

As mandated by section 19 of the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016 (Pub. L. 114-183), PHMSA will amend the definition of an unusually sensitive area (USA) to explicitly include the Great Lakes, coastal beaches, and marine coastal waters as USA ecological resources for the purposes of determining whether a pipeline is in a high consequence area (HCA), as defined by 49 CFR 195.450. To address this mandate, PHMSA must change the definition of USA and further define what is included in “coastal beaches” and “marine coastal waters.” In this rulemaking, PHMSA will solicit broad input from the pipeline industry and other stakeholders, propose definitions and geographic extents for the new terms to be included in the revised USA definition, and understand industry implications and concerns with the proposed revisions.

Timetable:

Action Date FR Cite
ANPRM 11/00/2018

Pipeline Safety: Gas Pipeline Regulatory Reform

RIN: 2137-AF36 /Docket no. not assigned
Affects: 49 CFR 191 and 192

This rulemaking would amend the Pipeline Safety Regulations to adopt a number of actions that ease regulatory burdens on the construction and operation of gas transmission and gas gathering pipeline systems. These amendments include regulatory relief actions identified by internal agency review, existing petitions for rulemaking, and public comments on the Department of Transportation regulatory reform and infrastructure notices.

Timetable:

Action Date FR Cite
NPRM  02/00/2019

Pipeline Safety: Liquid Pipeline Regulatory Reform

RIN: 2137-AF37 /Docket no. not assigned
Affects: 49 CFR 194 and 195

This rulemaking would amend the Pipeline Safety Regulations to adopt a number of actions that ease regulatory burdens on the construction and operation of hazardous liquid pipeline system. These amendments include regulatory relief actions identified by internal agency review, existing petitions for rulemaking, and public comments on the Department of Transportation regulatory reform and infrastructure notices.

Timetable:

Action Date FR Cite
NPRM  02/00/2019

Pipeline Safety: Underground Storage Facilities for Natural Gas

RIN 2137-AF22 / Docket no. PHMSA-2016-0016
Affects: 49 CFR 191 and 192

In December 2016, PHMSA issued an interim final rule (IFR) titled: “Pipeline Safety: Underground Natural Gas Storage Facilities” (81 FR 91860). In the IFR, PHMSA established minimum federal safety standards for intrastate and interstate underground natural gas storage facilities under its regulatory authority at 49 U.S.C. 60101 and 60102 and as directed by section 12 of the “Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016.” On January 18, 2017, the American Gas Association, the American Petroleum Institute, the American Public Gas Association, and the Interstate Natural Gas Association of America (INGAA) jointly submitted a petition seeking reconsideration of certain provisions of the IFR. (INGAA has since withdrawn from the petition.)

Recognizing that the IFR set certain deadlines by which the operators of underground natural gas storage facilities must act but that would occur before PHMSA could adopt a final rule, PHMSA published a notice on June 20, 2017, in the Federal Register (82 FR 28224), announcing that (1) the agency would not issue enforcement citations to operators for non-compliance with certain provisions of the IFR for a period of one year after publication of the final rule, and (2) it intended to address the issues raised by the petitioners in the final rule. For these reasons, PHMSA provided the public with an additional opportunity to comment on the IFR and an opportunity to comment on the issues raised in the petition. PHMSA reopened the comment period for this IFR on October 19, 2017 through November 20, 2017.

Timetable:

Action Date FR Cite
Interim Final Rule  12/19/2016 81 FR 91860
Interim Final Rule Effective  01/18/2017
Interim Final Rule Comment Period End  02/17/2017
Final Rule  09/00/2018

At ViaData, we help you keep abreast of changes in federal and state pipeline safety regulations. But that’s not all – WinDOT our online pipeline encyclopedia provides you with all the background you need, from the initial incidents that provide the catalyst to change the law, through the legislative and rulemaking processes, and finally to the new law and its interpretations. Check us out!

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