Federal Pipeline Safety Rulemaking Update – August 2019

This update includes information from the August Report on DOT Significant Rulemakings and from the Office of Management and Budget list of Current Agenda Agency Regulatory Entries for Active Actions from the Spring 2019 Agenda:

Final and interim final rules:

Pending rules:

The Office of Management and Budget lists these additional rules in its Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions:

Publication ID: Spring 2019

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

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
Publication Date 10/03/2016 09/05/2019
Effective Date 10/05/2019

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.

Dates for Final Rule
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
Publication Date 09/05/2019
Effective Date 10/05/2019

Pipeline Safety: Underground Storage Facilities for Natural Gas

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

PHMSA issued an interim final rule that requires 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. The next planned action is to finalize the interim final rule.

Rulemaking Project Initiated: 02/17/2016
Stage: Final Rule
Previous Stage: IFR published 12/19/2016 (81 FR 91860); End of C/P 02/17/2017; Effective Date 01/18/2017. Response to petition 06/20/2017 (82 FR 28224); C/P reopened (82 FR 48655); C/P end 11/20/17.

Dates for Final Rule
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
Publication Date 11/19/2019

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, as required by the Act..

Rulemaking Project Initiated: 08/16/2016
Stage: Final Rule
Previous Stage: IFR published 10/14/2016 (81 FR 70980); C/P End 12/13/2016; Effective Date 10/14/2016.

Dates for Final Rule
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
Publication Date 09/05/2019

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

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. (Note: this rulemaking was branched from RIN 2137-AE72.)

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
Publication Date 08/14/2019 06/26/2020

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

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. (Note: this rulemaking was branched from RIN 2137-AE72.)

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
Publication Date 06/12/2019 12/20/2019

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

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
Publication Date 01/06/2015 09/27/2019
End of Comment Period 02/26/2015 11/26/2019

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: NPRM
Previous Stage: ANPRM 07/31/2018 (83 FR 36861); C/P end 10/01/2018

Dates for NPRM      
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
Publication Date 11/15/2019
End of Comment Period 01/15/2020

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.

Rulemaking Project Initiated: 02/20/2018
Stage: NPRM
Previous Stage: N/A

Dates for NPRM      
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
Publication Date 02/01/2019 10/15/2019
End of Comment Period 04/01/2019 12/14/2019

Pipeline Safety: Repair Criteria for Hazardous Liquid Pipelines

RIN: 2137-AF44 / Docket no. not assigned
Affects: 49 CFR 195

PHMSA plans a notice of proposed rulemaking that would modify the provisions for determining the need to make repairs to hazardous liquid pipelines, commonly referred to as repair criteria, in High Consequence Areas (HCAs) and develop new repair criteria for hazardous liquid pipelines in non-HCAs.

Rulemaking Project Initiated: 07/16/2018
Stage: Undetermined
Previous Stage: None: End of Reopened Comment Period; Publication Approved; Publication Date; End of Comment Period.

Dates for undetermined stage      
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
Publication Date 06/26/2020
End of Comment period 08/26/2020

Pipeline Safety: Amendments to Liquefied Natural Gas Facilities

RIN: 2137-AF45
Affects: 49 CFR 193

PHMSA is proposing to update incorporated industry standards and revise all subparts of part 193 as needed. These updates to part 193 will address the risks associated with today’s liquefied natural gas facilities, including permanent, small scale liquefied natural gas pipeline facilities as required by Section 27 of the PIPES Act of 2016.

Rulemaking Project Initiated: 07/16/2018
Stage: NPRM
Previous Stage: None: Undetermined: Publication Approved; Publication Date; End of Comment Period.

Dates for undetermined stage      
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
Publication Date 09/02/2019
End of Comment Period 10/02/2019

Additional rules

The Office of Management and Budget lists these rules in its Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions.

Pipeline Safety: Liquid Pipeline Regulatory Reform (Proposed Rule)

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.

Action Date FR Cite
NPRM  06/00/2019

Pipeline Safety: Coastal Ecological Unusually Sensitive Areas (Prerule Stage)

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 04/00/2020

Pipeline Safety: Periodic Standards Update Rule (Proposed Rule)

RIN: 2137-AF13 / Docket no. not assigned
Affects: 49 CFR 192    49 CFR 193    49 CFR 194    49 CFR 195

This NPRM proposes to incorporate by reference all or parts of new, updated, or reaffirmed editions of voluntary consensus standards. The practice of incorporating voluntary consensus standards requires pipeline operators to use the most current industry technologies, materials, and management practices available on today’s market. The new versions reflect new technology and/or improvements to the existing standards thereby saving the pipeline operators pipeline construction and compliance costs. PHMSA is also proposing to make non-substantive edits and to clarify regulatory language in certain provisions. These proposed changes would be relatively minor, and would not require pipeline operators to undertake any significant new pipeline safety initiatives.

Action Date FR Cite
NPRM  04/00/2020

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 regulations, through the rulemaking process, and finally to the new regulation and its interpretations. Check us out!

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