State Pipeline Safety Regulation Updates – October/November 2018

Here are the state pipeline safety legislative updates for October/November 2018. Click on a region below to see details.

Eastern Region Update  Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia, West Virginia

Southern Region Update  Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, Puerto Rico, South Carolina, Tennessee

Central Region Update  Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, South Dakota, Wisconsin

Southwest Region Update  Arkansas, Louisiana, New Mexico, Oklahoma, Texas

Western Region Update  Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, Washington, Wyoming

Eastern Region Update

Massachusetts
The Department of Public Utilities continues to receive comments in the rulemaking contained in Docket 16-31 to establish requirements for Uniform Natural Gas Leaks Classification.
[Comments are still being received.]

Virginia
The State Corporation Commission, Division of Utility and Railroad Safety has appointed a new Pipeline Safety Program Manager, Scott Marshall.

Washington, D.C.
Notice of Proposed Rulemaking with amendments to Chapter 15-37 DCMR Natural Gas Quality of Service Standards was filed on 8/11/2017 to modify reporting requirements for gas outages and incidents; reporting and repairing requirements for gas leaks and odor complaints; reporting and responding requirements for gas emergencies; customer service standards and surveys; reliability standards; and compliance reporting. The amendments also propose remedies for violations that may include forfeiture or civil penalties. A second notice of proposed rulemaking was issued on 3/9/2018, but the amendments have not been published.

Southern Region Update

Georgia
The Public Service Commission has amended its Marketer rules with final rules filed on 9/14.

Central Region Update

Illinois
The Illinois Commerce Commission proposed amendments to its rules in two rulemakings published in August:

  • to incorporate by reference 49 CFR Part 192 and Part 199 as well as portions of Part 191 that were in effect on July 1, 2018 to comply with the commission’s certification agreement with PHMSA.
  • to update report filing requirements to remove obsolete forms and include electronic submissions.

[Comment period has closed; awaiting final adoption.]

Indiana
The IURC has amended its minimum pipeline safety standards by incorporating recently enacted federal minimum pipeline safety standards.
[Approved at conference 8/29/18; effective 9/20/18]

Iowa
The Iowa Utilities Board is engaged in the following rulemakings:

  • RMU-2016-0004 Review of Intrastate Gas and Underground Gas Storage Rules in 199 IAC Chapter 10
  • RMU-2016-0013 Review of Restoration of Agricultural Lands During and After Pipeline Construction Rules in 199 IAC Chapter 9
  • RMU-2016-0015 Review of Hazardous Liquid Pipelines and Underground Storage Rules 199 IAC Chapter 13

Status information on these dockets is available here.

Michigan
The Public Service Commission has proposed amendments (see 2016-057) to adopt by reference current federal regulations governing gas safety along with updating certain other technical standards contained in the rules. The proposed amendments include two new rules: a master meter systems rule and a farm tap rule.
[Rules filed with JCAR 8/27/2018.]

Missouri
The Missouri Public Service Commission is engaged in the following rulemakings detailed in its July 16th register:

  • Amend 4 CSR 240-40.020 Incident, Annual, and Safety-Related Condition Reporting Requirements to address the 2016 amendment of 49 CFR part 191, editorial changes.
  • Amend 4 CSR 240-40.030 Safety Standards – Transportation of Gas by Pipeline to address amendments of 49 CFR part 192 promulgated between January 2016 and September 2017 and editorial changes.
  • Amend 4 CSR 240-40.080 Drug and Alcohol Testing to address any amendments of 49 CFR parts 40 and 199 promulgated between October 2015 and September 2017.

[Comments on all were due by 8/15/2018.]

Southwest Region Update

New Mexico
The Public Regulation Commission issued a second Notice of Proposed Rulemaking (see pg. 1423) to amend its Excavation Damage Prevention rules. The purpose of the proposed rulemaking is to clarify that the rule applies to all underground facilities, with the exemption of those preempted by federal law; to implement or revise particular procedures, reporting requirements, and deadlines used to prevent damage to underground utilities; and to address procedures to be taken when damage occurs during pipeline excavation activities.
[Written comments due by 12/18/18]

Oklahoma
SB997 / HB 3407 was signed by the Governor on April 26, 2018 and became effective November 1, 2018. It changes the definition of an underground facility to include intrastate and interstate gas and hazardous liquid or carbon dioxide pipelines as defined in 49 CFR 192.1 and 195.1.

Texas
The RRC has proposed amendments to its rules to permit comingling of production from separate reservoirs in certain circumstances.
[Proposed 11/13/18; comments due by 1/2/19]

Western Region Update

California
The OSFM’s ongoing rulemaking to develop the regulations as required by AB 864 (2015). The legislation requires, by January 1, 2018, any new or replacement pipeline near environmentally and ecologically sensitive areas in the coastal zone to use best available technologies to reduce the amount of oil released in an oil spill to protect state waters and wildlife.
Furthermore, by July 1, 2018, an operator of an existing pipeline near environmentally and ecologically sensitive areas in the coastal zone would be required to submit a plan to retrofit the pipeline by January 1, 2020, with the best available technology. Best available technology includes, but is not limited to, installation of leak detection technologies, automatic shutoff systems, or remote controlled sectionalized block valves, or any combination of these technologies based on a risk analysis conducted by the operator to reduce the amount of oil released in an oil spill to protect state waters and wildlife.
The OSFM determined that it would not formulate new rules by the July 1, 2017 adoption date, and continues working to adopt regulations as expeditiously as possible.
[Draft regulations were revised on 9/7/2018.]

The OSFM is also proposing to amend its regulations for fees charged to operators who are required to be members of the regional notification centers. The proposed regulation would ensure that the California Underground Facilities Safe Excavation Board has sufficient funding for its operational expenses and to exercise the powers and duties conferred upon it.
[No public hearing scheduled; written comments were due by 8/6/2018.]

The OSFM pipeline safety division has appointed a new Chief of Pipeline Safety, Ben Ho.

Colorado
The DRA/PUC has published its regulatory agenda for 2019, with the following rule changes to be considered in May:

  1. Incorporate changes required by PHMSA to include a regulatory process to investigate excavator damage to gas pipeline and codify process for investigations and civil penalties.
  2. Implement a utility’s transparent process to recover actual costs from property owners when the utility has extended its service to the property.

Idaho
The PUC has proposed amendments to its Utility Safety and Accident Reporting Rules to adopt by reference several national safety codes applicable to electric, telephone, and natural gas utilities and federal safety regulations applicable to natural gas and pipeline utilities. Currently, Rule 101 adopts the 2012 Edition of the National Electric Safety Code (“NESC”). The proposed rule would adopt the 2017 Edition of the NESC.
[Written comments were due by 10/24/18.]

Nevada
The Public Utilities Commission has adopted proposed amendments to its regulations regarding Nevada’s One Call Law. The amendments require an excavator to call emergency 911 services if the damage to the subsurface installation causes the release of certain gases or hazardous liquids. If an excavator provides such notice to emergency 911 services in relation to the release of a gas or hazardous liquid, the excavator is excused from providing notice to local public services agencies or providing additional notice to emergency 911 services if the release of the gas or hazardous liquid also presents an emergency.
Existing regulations require the excavator and the operator of a subsurface installation to submit a report in connection with an excavation or demolition that occurs on or after January 1, 2008, but before January 1, 2009. The adopted amendments eliminate this reporting requirement because it no longer applies to any excavation or demolition.
[Adopted by the Commission on 10/8/18; effective after legislative review]


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Federal Pipeline Safety Rulemaking Update – September 2018

Federal Pipeline Safety Rulemaking Update – September 2018

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

Final and interim final rules:

Pending rules:

Public comment notice:

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

Publication ID: Fall 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
Publication Date 10/03/2016 12/28/2018
Effective Date 02/28/2019

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 03/14/2019
Effective Date 05/14/2019

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
Publication Date 06/30/2016 09/28/2018

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; End of C/P 02/17/2017; Effective Date 01/18/2017. Response to petition FR 06/20/2017

Dates for Final Rule
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
Publication Date 01/21/2019
Effective Date 02/20/2019

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.

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 10/24/2018
Effective Date 11/24/2018

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 12/20/2019
Effective Date 02/20/2020

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

(Note: this rulemaking was branched from RIN 2137-AE72.) 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 RuleMilestoneOriginally
Scheduled
DateNew
Projected
DateActual
DatePublication Date06/12/201912/20/2019
Effective Dates
02/20/2020

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 01/17/2019
End of Comment Period 02/26/2015 03/15/2019

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: ANPRM
Previous Stage: N/A

Dates for ANPRM      
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
Publication Date 04/09/2018 07/31/2018  07/31/2018
End of Comment Period 06/11/2018 09/24/2018 10/01/2018

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.

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 05/10/2019
End of Comment Period 04/01/2019 07/10/2019

Public comment notice:

Pipeline Safety: Guidance on the Extension of the 7-year Integrity Management Reassessment Interval by 6 Months.

RIN: 2137-ZA09 /Docket no. not assigned
Affects: none

PHMSA is publishing this notice to seek public comments on frequently asked questions (FAQs) developed to provide guidance on what constitutes sufficient justification for an operator to request a 6-month extension to a gas pipeline’s 7-year integrity management reassessment interval. This guidance, which consists of one revised and two new FAQs, will implement authority granted by Congress in Section 5(e) of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (2011 Act).

Rulemaking Project Initiated: 08/28/2018
Stage: Other
Previous Stage: N/A

Dates for Other      
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
Publication Date 09/21/2018

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: 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.

Action Date FR Cite
NPRM  02/00/2019

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Federal Pipeline Safety Rulemaking Update – August 2018

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

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   05/21/2018  
Resubmitted to OMB   07/02/2018  
OMB Clearance / 2   10/02/2018  
Publication Date 10/03/2016 10/12/2018  

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.

Dates for Final Rule
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: 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
Publication Date 06/30/2016 09/28/2018

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; End of C/P 02/17/2017; Effective Date 01/18/2017. Response to petition FR 06/20/2017

Dates for Final Rule
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
Publication Date 01/21/2019

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.

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 10/24/2018

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 above.)

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 12/20/2019

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
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 01/17/2019

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: ANPRM
Previous Stage: N/A

Dates for ANPRM      
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
Publication Date 04/09/2018 07/24/2018  08/31/2018

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.

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.

Action Date FR Cite
NPRM  02/00/2019

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!

State Pipeline Safety Regulation Updates – September 2018

Here are pipeline safety legislative updates through September 17, 2018. Click on a region below to see details.

Eastern Region Update  Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia, West Virginia

Southern Region Update  Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, Puerto Rico, South Carolina, Tennessee

Central Region Update  Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, South Dakota, Wisconsin

Southwest Region Update  Arkansas, Louisiana, New Mexico, Oklahoma, Texas

Western Region Update  Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, Washington, Wyoming

Eastern Region Update

Delaware

SB 189 was signed by the Governor. This bill updates Title 26, Chapter 8 by ensuring notification of excavation damage to the appropriate State agencies for potential penalties or other enforcement proceedings. It provides that either the Attorney General or the Public Service Commission may enforce penalties appropriate for the circumstances and gravity of the violation.
[Signed 8/29/18, effective immediately.]

Massachusetts

The Department of Public Utilities continues to receive comments in the rulemaking contained in Docket 16-31 to establish requirements for Uniform Natural Gas Leaks Classification.
[Comments are still being received.]

New York

Rulemaking was initiated on June 28, 2017 by the NY State Department of Public Service to amend their rules of procedure and gas utilities laws to ensure conformance with 49 CFR Part 192.
[Adopted 9/17/2018; effective on publication in State Register.]

Rhode Island

The RIDPUC has completed codification of its rules with amendments that include new language to meet the Administrative Procedures Act for incorporation by reference under 815-RICR-20-00-1.
[Effective 6/25/2018]

Washington, D.C.

Notice of Proposed Rulemaking with amendments to Chapter 15-37 DCMR Natural Gas Quality of Service Standards was filed on 8/11/2017 to modify reporting requirements for gas outages and incidents; reporting and repairing requirements for gas leaks and odor complaints; reporting and responding requirements for gas emergencies; customer service standards and surveys; reliability standards; and compliance reporting. The amendments also propose remedies for violations that may include forfeiture or civil penalties. A second notice of proposed rulemaking was issued on 3/9/2018, but the amendments have not been published.

Southern Region Update

Georgia

The Public Service Commission has adopted rules proposed under five dockets. These include revisions of the rules for:

  • Residential Gas Utility Service Disconnections (eff. 9/13/2018)
  • Marketer’s Certificate of Authority (eff. 7/8/2018)
  • Natural Gas Marketer Billing Practices (eff. 7/8/2018)
  • Service Quality Standards for Certificated Marketers and Regulated Providers (eff. 8/12/2018)
  • Natural Gas Marketers’ Term of Service (eff. 7/8/2018)

Kentucky

The Public Service Commission filed significant amendments for the following rules with the Legislative Research Council on 11/27/2017. These amendments were adopted and became effective on 8/6/2018.

807 KAR 5:022 – General rules for gas utilities – complete re-write and reorganization that eliminates redundancy and clarifies service requirements for natural gas utilities.

807 KAR 5:026 – Gathering lines – changes the engineering specifications of piping to conform with current industry standards.

Central Region Update

Illinois

The Illinois Commerce Commission has proposed amendments to its rules in two rulemakings:

  • to incorporate by reference 49 CFR Part 192 and Part 199 as well as portions of Part 191 that were in effect on July 1, 2018 to comply with the commission’s certification agreement with PHMSA.
  • to update report filing requirements to remove obsolete forms and include electronic submissions.

Comments will be accepted for 45 days.

Iowa

The Iowa Utilities Board is engaged in the following rulemakings:

RMU-2016-0004 Review of Intrastate Gas and Underground Gas Storage Rules in 199 IAC Chapter 10

RMU-2016-0013 Review of Restoration of Agricultural Lands During and After Pipeline Construction Rules in 199 IAC Chapter 9

RMU-2016-0015 Review of Hazardous Liquid Pipelines and Underground Storage Rules 199 IAC Chapter 13

Status information on these dockets is available here.

Michigan

The Public Service Commission has proposed amendments (see 2016-057) to adopt by reference current federal regulations governing gas safety along with updating certain other technical standards contained in the rules. The proposed amendments include two new rules: a master meter systems rule and a farm tap rule.
[Rules filed with JCAR 8/27/2018.]

Missouri

The Missouri Public Service Commission is engaged in the following rulemakings detailed in its July 16th register:

Amend 4 CSR 240-40.020 Incident, Annual, and Safety-Related Condition Reporting Requirements to address the 2016 amendment of 49 CFR part 191, editorial changes.

Amend 4 CSR 240-40.030 Safety Standards – Transportation of Gas by Pipeline to address amendments of 49 CFR part 192 promulgated between January 2016 and September 2017 and editorial changes.

Amend 4 CSR 240-40.080 Drug and Alcohol Testing to address any amendments of 49 CFR parts 40 and 199 promulgated between October 2015 and September 2017.

Comments on all were due by 8/15/2018.

Minnesota

The Public Utilities Commission issued an order on 8/20/2018 regarding EFV’s and curb valves. The order requires that natural gas utilities notify customers that excess flow valves (EFVs) and curb valves are available at no cost, and that EFVs are maintained at no charge. The utilities are required to report the status of EFV, curb valve and manual shut-off valves installations for their service territories, and provide a timeline for remaining installations. The order also requires that utilities identify schools, hospitals, and multi-unit residential and nursing facilities in their territories and develop plans to discuss installations of EFVs and manual service line shutoff valves for those that do not yet have them installed.

South Dakota

HB1024 establishing the Statewide One-Call Notification Board signed was by the Governor in February will become effective on 7/1/2019. It requires all operators to become members of the one-call notification center and submit the locations of their underground facilities to the center.

Southwest Region Update

Oklahoma

The State Corporation Commission adopted amendments to its rules for Gas & Hazardous Liquid Pipeline Safety to amend the dates for federal regulations adopted by reference. The rules were effective 9/11/2017. A notice of proposed rulemaking was published on 12/28/2017 to update these same references and other references to the Oklahoma Underground Facilities Damage Prevention Act, and the rules will become effective 10/1/2018.

SB997 / HB 3407 was signed by the Governor on April 26, 2018 and becomes effective November 1, 2018. It changes the definition of an underground facility to include intrastate and interstate gas and hazardous liquid or carbon dioxide pipelines as defined in 49 CFR 192.1 and 195.1.

Texas

The Railroad Commission of Texas has amended its Oil and Gas division rules to amend pipeline fees and registration/renewal procedures pursuant to HB1818 (2017). It has withdrawn its proposal to amend the rules outlining testing requirements for oil wells.

Western Region Update

California

The OSFM’s ongoing rulemaking to develop the regulations as required by AB 864 (2015). The legislation requires, by January 1, 2018, any new or replacement pipeline near environmentally and ecologically sensitive areas in the coastal zone to use best available technologies to reduce the amount of oil released in an oil spill to protect state waters and wildlife.
Furthermore, by July 1, 2018, an operator of an existing pipeline near environmentally and ecologically sensitive areas in the coastal zone would be required to submit a plan to retrofit the pipeline by January 1, 2020, with the best available technology. Best available technology includes, but is not limited to, installation of leak detection technologies, automatic shutoff systems, or remote controlled sectionalized block valves, or any combination of these technologies based on a risk analysis conducted by the operator to reduce the amount of oil released in an oil spill to protect state waters and wildlife.
The OSFM determined that it would not formulate new rules by the July 1, 2017 adoption date, and continues working to adopt regulations as expeditiously as possible.
[Draft regulations were revised on 9/7/2018, and include modified dates.]

The OSFM is also proposing to amend its regulations for fees charged to operators who are required to be members of the regional notification centers. The proposed regulation would ensure that the California Underground Facilities Safe Excavation Board has sufficient funding for its operational expenses and to exercise the powers and duties conferred upon it.
[No public hearing scheduled; written comments were due by 8/6/2018.]

Nevada

The Public Utilities Commission is proposing to amend its regulations regarding Nevada’s One Call Law. The amendments would require an excavator to call emergency 911 services if the damage to the subsurface installation causes the release of certain gases or hazardous liquids. If an excavator provides such notice to emergency 911 services in relation to the release of a gas or hazardous liquid, the excavator is excused from providing notice to local public services agencies or providing additional notice to emergency 911 services if the release of the gas or hazardous liquid also presents an emergency.
Existing regulations require the excavator and the operator of a subsurface installation to submit a report in connection with an excavation or demolition that occurs on or after January 1, 2008, but before January 1, 2009. The proposed amendments eliminate this reporting requirement because it no longer applies to any excavation or demolition.
[Proposed 7/9/2018; workshop 8/20/2018; hearing 9/4/2018]

Oregon

The Public Utility Commission adopted a new rule that requires each energy utility to file a quarterly report detailing the number of residential service disconnections for non-payment. [Eff. 6/20/2018]


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State Pipeline Safety Regulation Updates

Here are pipeline safety legislative updates as of August 7, 2018. Click on a region below to see details.

Eastern Region Update  Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia, West Virginia

Southern Region Update  Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, Puerto Rico, South Carolina, Tennessee

Central Region Update  Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, South Dakota, Wisconsin

Southwest Region Update  Arkansas, Louisiana, New Mexico, Oklahoma, Texas

Western Region Update  Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, Washington, Wyoming

Eastern Region Update

Delaware

SB 189 includes the following summary: The U.S. Department of Transportation has recently found Delaware to be non-compliant with enforcement of underground excavation violations. This jeopardizes federal funding for the Commissions pipeline safety program. Two principal reasons for this have been the lack of notification to State agencies and the lack of enforcement when damage is known. This bill updates Title 26, Chapter 8 by ensuring notification of excavation damage to the appropriate State agencies for potential penalties or other enforcement proceedings. It provides that either the Attorney General or the Public Service Commission may enforce penalties appropriate for the circumstances and gravity of the violation.
[7/1/2018 Ready for Governor action.]

Massachusetts

The Department of Public Utilities continues to receive comments in the rulemaking contained in Docket 16-31 to establish requirements for Uniform Natural Gas Leaks Classification.
[Hearing was held on 10/25/2017.]

New Jersey

S679 / A2614 (previously S2673 / A4127) was reintroduced on 1/9/2018 to increase civil penalties for safety violations with respect to natural gas pipelines and distribution facilities and hazardous liquid underground pipeline and distribution facilities. Under current law, a violator is subject to a civil penalty of not more than $100,000 for each violation for each day that the violation persists, with the civil penalty not exceeding $1,000,000 for any related series of violations. Under the bill, a violator is subject to a civil penalty of not more than $200,000 for each violation for each day that the violation persists, with the civil penalty not exceeding $2,000,000 for any related series of violations.
[11/21/2016: Passed unanimously by the Assembly; 12/5/2016 received in Senate, to Economic Growth Committee; 1/9/2018 Introduced in Senate, referred to Economic Growth Committee; 2/1/2018 Introduced in Assembly, referred to Telecommunications and Utilities Committee.]

A1471 / S668 (previously A250 / S1135) both introduced at the beginning of 2016 and reintroduced in 2018 would require public utilities and pipeline operators to reimburse a municipality for costs it incurs in providing emergency services to respond to any emergency involving a pipeline.
[1/9/2018: Introduced in Assembly, Referred to Assembly Telecommunications and Utilities Committee; Introduced in Senate, Referred to Senate Economic Growth Committee.]

New York

Rulemaking was initiated on June 28, 2017 by the NY State Department of Public Service to amend their rules of procedure and gas utilities laws to ensure conformance with 49 CFR Part 192.

Pennsylvania

SB 930 adds a subchapter to the Public Utilities statutes for service and facilities to provide for pipeline emergency management information.
[4/24/2018: First consideration in the Senate.]

SB 931 adds a subchapter to the Public Utilities statutes to require automatic or remote control shutoff valves on all new gas and hazardous liquid transmission pipelines, and requires testing at specific intervals.
[4/24/2018: First consideration in the Senate.]

Virginia

Rulemaking to revise the requirements for trenchless excavation was adopted. The Rule (1) provides for greater flexibility when conducting trenchless excavation that crosses gravity fed sewer mains and combination storm/sanitary sewer system utility lines; and (2) enhances the safety and efficiency of conducting such excavations. According to the Petitioner, the new rule recognizes that technology developed since the Commission’s adoption of Rule 150 allows for safe trenchless excavation practices when crossing such utility lines without exposing them by hand digging.
[7/9/2018: Rule adopted.]

Washington, D.C.

Notice of Proposed Rulemaking with amendments to Chapter 15-37 DCMR Natural Gas Quality of Service Standards was filed on 8/11/2017 to modify reporting requirements for gas outages and incidents; reporting and repairing requirements for gas leaks and odor complaints; reporting and responding requirements for gas emergencies; customer service standards and surveys; reliability standards; and compliance reporting. The amendments also propose remedies for violations that may include forfeiture or civil penalties. A second notice of proposed rulemaking was issued on 3/9/2018.

Southern Region Update

Kentucky

SB104 signed by the Governor on April 2 and effective July 14, amends the Public Service Commission Utilities law to ensure state penalties for violations of the Natural Gas Pipeline Safety Act conform with federal penalties; amends the Underground Facility Damage Prevention Act of 1994 to require underground facility operators to report to the commission excavation damage to an underground facility used in the transportation of gas or hazardous liquid and authorizes the commission to enforce and assess civil penalties for those damages.

The Kentucky Public Service Commission (PSC) will now pursue enforcement actions against excavators who violate Kentucky’s call before-you-dig law and damage natural gas or hazardous liquid lines. The PSC will be able to impose financial penalties if violations are uncovered.

The Public Service Commission filed significant amendments for the following rules with the Legislative Research Council on 11/27/2017:

807 KAR 5:022 – General rules for gas utilities – eliminates redundancy and clarifies service requirements for natural gas utilities. [Rulemaking amended after comments; hearing on May 29; comments were due by May 31.]

807 KAR 5:026 – Gathering lines – changes the engineering specifications of piping to conform with current industry standards. [Rulemaking amended after comments.]

Tennessee

The Tennessee Regulatory Authority has changed its name to the Tennessee Public Utilities Commission. This change has been updated in both the Tennessee Code and in the agency’s rules.

SB 1812 / HB 1791 signed by the Governor on 4/12/2018 amends the Underground Utility Damage Prevention Act to authorize the underground utility damage enforcement board to establish rules for best practices for uniform color code and marking. Marking methods established pursuant to the rules will be the sole method of marking underground facilities in Tennessee.  Operators who have failed to become members of the one-call service by January 1, 2018 are in violation of the amended rule and a $5,000 penalty will be imposed for that violation.

Central Region Update

Iowa

The Iowa Utilites Board is engaged in the following rulemakings:

RMU-2016-0004 Review of Intrastate Gas and Underground Gas Storage Rules in 199 IAC Chapter 10

RMU-2016-0013 Review of Restoration of Agricultural Lands During and After Pipeline Construction Rules in 199 IAC Chapter 9

RMU-2016-0015 Review of Hazardous Liquid Pipelines and Underground Storage Rules 199 IAC Chapter 13

Status information on these dockets is available here.

Michigan

The Public Service Commission has proposed amendments (see 2016-057) to adopt by reference current federal regulations governing gas safety along with updating certain other technical standards contained in the rules. The proposed amendments may also make minor changes to Michigan rules so that the language in these rules conforms more closely to the federal rules.
[Request for rulemaking approved by ORR 9/15/2016; draft rule approved by ORR 1/2/2018; regulatory impact statement filed 1/12/2018; public hearing held 3/29/2018.]

Missouri

The Missouri Public Service Commission is engaged in the following rulemakings detailed in its July 16th register:

Amend 4 CSR 240-40.020 Incident, Annual, and Safety-Related Condition Reporting Requirements to address the 2016 amendment of 49 CFR part 191, editorial changes.

Amend 4 CSR 240-40.030 Safety Standards – Transportation of Gas by Pipeline to address amendments of 49 CFR part 192 promulgated between January 2016 and September 2017 and editorial changes.

Amend 4 CSR 240-40.080 Drug and Alcohol Testing to address any amendments of 49 CFR parts 40 and 199 promulgated between October 2015 and September 2017.

Comments on all are due by 8/15/2018.

North Dakota

The Public Service Commission has amended its rules to adopt by reference 49 CFR Part 193 in addition to Parts 190, 191, 192, 194, 195 and 199, in effect as of Dec 31 2017.

South Dakota

A bill signed by the Governor will become effective on 7/1/2019:

HB1024 establishes the Statewide One-Call Notification Board to provide a service through which a person can notify the operators of underground facilities of plans to excavate and to request the marking of the facilities. It requires all operators to become members of the one-call notification center and submit the locations of their underground facilities to the center.

Southwest Region Update

Louisiana

The Louisiana Department of Natural Resources, Office of Conservation has amended its rules for Natural Gas Policy and Transportation of Hazardous Liquids by Pipeline as required as a part of the Department of Natural Resources certification agreement with the US Department of Transportation. The rule changes are significant, and include new requirements for Liquefied Natural Gas Facilities, as well as changes to documents that are incorporated by reference, excess flow valve (EFV) rule, manual service line shut-off valves rule, pressure regulating / over pressure protection requirements, National Pipeline Mapping System requirements for Hazardous Liquid operators, enhanced rules for inspection of break out tanks, and additional requirements for direct assessment for Hazardous Liquid operators.
[Effective on promulgation – June 2018.]

Oklahoma

The State Corporation Commission adopted amendments to its rules for Gas & Hazardous Liquid Pipeline Safety to amend the dates for federal regulations adopted by reference. The rules were effective 9/11/2017. A notice of proposed rulemaking was published for these same rules on 12/28/2017 to update these same references and other references to the Oklahoma Underground Facilities Damage Prevention Act, and the rules were adopted by the commission on 2/20/2018, and sent for approval from the legislature on 3/2/2018.

SB997 / HB 3407 was signed by the Governor on April 26, 2018 and becomes effective November 1, 2018. It changes the definition of an underground facility to include intrastate and interstate gas and hazardous liquid or carbon dioxide pipelines as defined in 49 CFR 192.1 and 195.1.

Texas

The Railroad Commission of Texas has amended its Oil and Gas division rules to amend pipeline fees and registration/renewal procedures pursuant to HB1818 (2017). It has withdrawn its proposal to amend the rules outlining testing requirements for oil wells.

Western Region Update

California

The OSFM’s ongoing rulemaking to develop the regulations as required by AB 864 (2015). The legislation requires, by January 1, 2018, any new or replacement pipeline near environmentally and ecologically sensitive areas in the coastal zone to use best available technologies to reduce the amount of oil released in an oil spill to protect state waters and wildlife.
Furthermore, by July 1, 2018, an operator of an existing pipeline near environmentally and ecologically sensitive areas in the coastal zone would be required to submit a plan to retrofit the pipeline by January 1, 2020, with the best available technology. Best available technology includes, but is not limited to, installation of leak detection technologies, automatic shutoff systems, or remote controlled sectionalized block valves, or any combination of these technologies based on a risk analysis conducted by the operator to reduce the amount of oil released in an oil spill to protect state waters and wildlife.
The OSFM determined that it would not formulate new rules by the July 1, 2017 adoption date, and continues working to adopt regulations as expeditiously as possible.
[Draft regulations were last revised on 4/17/17.]

The OSFM is also proposing to amend its regulations for fees charged to operators who are required to be members of the regional notification centers. The proposed regulation would ensure that the California Underground Facilities Safe Excavation Board has sufficient funding for its operational expenses and to exercise the powers and duties conferred upon it.
[No public hearing scheduled; written comments due by 8/6/2018.]

Colorado

SB 167 was signed by the Governor on 5/25/2018, and will become effective 8/08/2018. It increses enforcement of requirements related to the location of underground facilities. In 2016 PHMSA conducted an adequacy evaluation of Colorado’s enforcement of its excavation damage prevention law and determined that the enforcement is inadequate. The bill creates the underground damage prevention safety commission (commission). The commission has rule-making and enforcement authority regarding specified portions of the excavation damage prevention law. Effective January 1, 2021, all underground facility owners and operators are full members of the notification association with full benefits, and excavators will no longer need to contact the owners or operators to arrange for the marking. All new underground facilities installed on or after January 1, 2020, must be electronically locatable when installed.

Nevada

The Public Utilities Commission is proposing to amend its regulations regarding Nevada’s One Call Law. The amendments would require an excavator to call emergency 911 services if the damage to the subsurface installation causes the release of certain gases or hazardous liquids. If an excavator provides such notice to emergency 911 services in relation to the release of a gas or hazardous liquid, the excavator is excused from providing notice to local public services agencies or providing additional notice to emergency 911 services if the release of the gas or hazardous liquid also presents an emergency.
Existing regulations require the excavator and the operator of a subsurface installation to submit a report in connection with an excavation or demolition that occurs on or after January 1, 2008, but before January 1, 2009. The proposed amendments eliminate this reporting requirement because it no longer applies to any excavation or demolition.
[Initiated 5/24/2018; comments due 6/6/2018; workshop 6/11/2018]


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Is it a Transmission Line?

Recently the Railroad Commission of Texas asked for an interpretation of “transmission line” as defined in §192.3.  Operators in Texas had revised the classification of pipelines operating below 20% SMYS from transmission to distribution.

Read PHMSA’s response below:

Continue reading “Is it a Transmission Line?”

Federal Pipeline Safety Rulemaking Update – July 2018

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

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 05/21/2018
Resubmitted to OMB 07/02/2018
OMB Clearance / 2 10/02/2018
Publication Date 10/03/2016 10/12/2018

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.

Dates for Final Rule
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 05/24/2018
OMB Clearance 08/24/2018
Publication Date 06/30/2016 08/30/2018

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: 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 08/01/2018

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.

Rulemaking Project Initiated: 02/17/2016
Stage: Final Rule
Previous Stage: IFR published 12/19/2016; End of C/P 02/17/2017; Effective Date 01/18/2017. Response to petition FR 06/20/2017

Dates for Final Rule
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
Publication Date 09/26/2018

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 05/08/2018  05/01/2018
Publication Date 04/09/2018 06/12/2018
End of Comment Period 06/11/2018 08/12/2018

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

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.

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.

Action Date FR Cite
NPRM  02/00/2019

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