Just as global leaders convened in Glasgow for COP26, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a prepublication copy of its new rule (Final Rule) on November 2, 2021 that significantly expands reporting and safety requirements for operators of gas gathering pipelines, including lines that were previously unregulated. This Final Rule, along with the Environmental Protection Agency’s (EPA) proposed Clean Air Act rulemakings targeting the oil and gas sector issued the same day, serves to further demonstrate the Biden Administration’s overall commitment to action on climate change. The Final Rule requires operators to implement Part 192 requirements for certain newly regulated gas gathering lines located in Class 1 locations and requires Part 191 incident and annual reporting for all onshore gas gathering pipelines, regardless of location. These new requirements will significantly increase PHMSA’s oversight over more than 425,000 miles of previously unregulated onshore gas gathering lines.
Continue Reading PHMSA Finalizes Rule Expanding Regulation of Gas Gathering
Accident Reporting
Gas Pipeline Regulatory Reform Rule Finalized
By Catherine D. Little, Annie M. Cook & Viktoriia De Las Casas on
On January 11, the Pipeline and Hazardous Materials Safety Administration (PHMSA) finalized its June 2020 proposed rulemaking intended to reduce regulatory burdens and offer greater flexibility to gas pipeline operators, previously discussed in our post here. Pipeline operators may voluntarily comply with the rule starting on the effective date of March 12, 2021, but mandatory compliance is not required until October 1, 2021. Although the rule implements moderate changes to the pipeline safety regulations, given the timing of the final rule’s release, it is at least possible that the new administration could withdraw the rule.
…
Continue Reading Gas Pipeline Regulatory Reform Rule Finalized
PHMSA Issues Gas Pipeline Regulatory Reform Proposal
By Catherine D. Little, Annie M. Cook & Viktoriia De Las Casas on
The Pipeline and Hazardous Materials Safety Administration (PHMSA) on May 28, 2020, issued a pre-publication Notice of Proposed Rulemaking titled Gas Pipeline Regulatory Reform. The proposal is issued pursuant to the Administration’s executive orders directing federal agencies to reduce burdens and in response to comments from the industry. In keeping with that intent, the proposed changes appear generally favorable to the gas pipeline industry and should ease certain regulatory burdens related to discrete areas of gas pipeline incident reporting, construction (welding requalification), operation (primarily distribution and plastic pipelines), and maintenance (rectifier inspections and low-pressure pipelines).
…
Continue Reading PHMSA Issues Gas Pipeline Regulatory Reform Proposal
New Chemical Release Reporting Rule Potentially Applicable to Pipeline Facilities
By Catherine D. Little, Annie M. Cook & Mandi Moroz on
The Chemical Safety and Hazard Investigation Board’s (“CSB’s”) long-awaited accidental reporting rule became effective on March 23, 2020. Under the new rule, 40 C.F.R. §§ 1604.1-1604.6., owners and operators of chemical facilities must report accidental releases that result in fatalities, substantial injury, or substantial property damage over a million dollars. This requirement includes reporting of releases that result in in-patient hospitalization, even if the hospitalization is taken as a precautionary measure. As such, this rule may impose a new reporting requirement for accidental releases from certain pipeline facilities that result in injury or property damage, such as at complex facilities where there is non-transportation related storage, processing or other handling of chemical substances.
…
Continue Reading New Chemical Release Reporting Rule Potentially Applicable to Pipeline Facilities