{"operation":"document","citation":"80 FR 41460","title":"Pipeline Safety: Expanding the Use of Excess Flow Valves in Gas Distribution Systems to Applications Other Than Single-Family Residences","source_type":"rulemaking","agency":"Pipeline and Hazardous Materials Safety Administration","status":"proposed","official":true,"published_on":"2015-07-15","effective_on":null,"summary":"Excess Flow Valves (EFVs), which are safety devices installed on natural gas pipelines to reduce the risk of accidents, are currently required for new or replaced gas service lines servicing single-family residences (SFR). PHMSA is proposing to make changes to part 192 to expand this requirement to include new or replaced branched service lines servicing SFRs, multi-family residences, and small commercial entities consuming gas volumes not exceeding 1,000 Standard Cubic Feet per Hour (SCFH). PHMSA is also proposing to require the use of manual service line shut-off valve (e.g., curb valves) for new or replaced service lines with meter capacities exceeding 1,000 SCFH. Finally, PHMSA is proposing that operators notify customers of their right to request installation of an EFV on service lines that are not being newly installed or replaced. PHMSA is proposing to delegate the question of who bears the cost of installing EFVs to service lines that are not being newly installed or replaced to the operator, customer, and the appropriate State regulatory agency.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-2015-17195.json","markdown":"https://regulus.evalyn.ai/document/federal-register-2015-17195.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-2015-17195","source_url":"https://www.federalregister.gov/documents/2015/07/15/2015-17195/pipeline-safety-expanding-the-use-of-excess-flow-valves-in-gas-distribution-systems-to-applications","body":"Federal Register, Volume 80 Issue 135 (Wednesday, July 15, 2015) [Federal Register Volume 80, Number 135 (Wednesday, July 15, 2015)] [Proposed Rules] [Pages 41460-41472] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2015-17195] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Part 192 [Docket No. PHMSA-2011-0009] RIN 2137-AE71 Pipeline Safety: Expanding the Use of Excess Flow Valves in Gas Distribution Systems to Applications Other Than Single-Family Residences AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: Excess Flow Valves (EFVs), which are safety devices installed on natural gas pipelines to reduce the risk of accidents, are currently required for new or replaced gas service lines servicing single-family residences (SFR). PHMSA is proposing to make changes to part 192 to expand this requirement to include new or replaced branched service lines servicing SFRs, multi-family residences, and small commercial entities consuming gas volumes not exceeding 1,000 Standard Cubic Feet per Hour (SCFH). PHMSA is also proposing to require the use of manual service line shut-off valve (e.g., curb valves) for new or replaced service lines with meter capacities exceeding 1,000 SCFH. Finally, PHMSA is proposing that operators notify customers of their right to request installation of an EFV on service lines that are not being newly installed or replaced. PHMSA is proposing to delegate the question of who bears the cost of installing EFVs to service lines that are not being newly installed or replaced to the operator, customer, and the appropriate State regulatory agency. DATES: Persons interested in submitting written comments on this Notice of Proposed Rulemaking (NPRM) must do so by September 14, 2015. PHMSA will consider late-filed comments so far as practicable. ADDRESSES: You may submit comments identified by the docket number PHMSA-2011-0009 by any of the following methods: Comments should reference Docket No. PHMSA-2011-0009 and may be submitted in the following ways: Web site: http://www.regulations.gov . This site allows the public to enter comments on any Federal Register notice issued by any agency. Follow the online instructions for submitting comments. Fax: 1-202-493-2251. Mail: U.S. Department of Transportation (DOT) Docket Operations Facility (M-30), West Building, 1200 New Jersey Avenue SE., Washington, DC 20590. Hand Delivery: DOT Docket Operations Facility, West Building, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, 20590 between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. Instructions: Identify the docket number, PHMSA-2011-0009, at the beginning of your comments. If you mail your comments, submit two copies. In order to confirm receipt of your comments, include a self- addressed, stamped postcard. Note: All comments are posted electronically in their original form, without changes or edits, including any personal information. Privacy Act Statement Anyone can search the electronic comments associated with any docket by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). DOT's complete Privacy Act Statement was published in the Federal Register on April 11, 2000, (65 FR 19477). FOR FURTHER INFORMATION CONTACT: Mike Israni, by telephone at 202-366- 4571, by fax at 202-366-4566, or by mail at DOT, PHMSA, 1200 New Jersey Avenue SE., PHP-1, Washington, DC 20590-0001. SUPPLEMENTARY INFORMATION: I. Background An EFV is a mechanical safety device installed inside the natural gas service line between the street and residential meter. The EFV will ``trip or close'' if there is sufficient damage to the line to minimize the flow of gas through the line and thus, the amount of gas that escapes into the atmosphere. During normal use, the valve is kept pushed open against oncoming gas flow by a spring. EFVs are designed so that general usage, such as turning on appliances, will not shut the valve. However, during a significant increase in the flow of gas (e.g., due to a damaged line), the spring cannot overcome the force of gas, and the valve will close and stay closed until the correct pressure is restored. When the correct pressure is restored, the EFV automatically resets itself. On July 7, 1998, in South Riding, Virginia, a residential gas explosion resulted in one death and three injuries. It is not known if the explosion occurred on a branched or non-branched service line servicing an SFR; however, PHMSA believes that this proposed rule or its previous rule requiring EFVs on single lines serving SFRs would have mitigated the consequences of the explosion. An investigation by the National Transportation Safety Board (NTSB) found the explosion likely would not have occurred if an EFV had been installed for this single-family home. Similarly, PHMSA strongly believes this incident would have likely been would have been mitigated at a minimum. As a result, on June 22, 2001, the NTSB issued Safety Recommendation P-01-2, recommending that PHMSA require excess flow valves in all new and renewed gas service lines, regardless of a customer's classification, when the [[Page 41461]] operating conditions are compatible with readily available valves. In December of 2005, the ``Integrity Management for Gas Distribution: Report of Phase I Investigations,'' \\1\\ developed by a multi-stakeholder group, was published. In the report, the stakeholder group recommended that ``[A]s part of its distribution integrity management plan, an operator should consider the mitigative value of excess flow valves (EFVs). EFVs meeting performance criteria in Sec. 192.381 and installed in accordance with Sec. 192.383 may reduce the need for other mitigation options.'' --------------------------------------------------------------------------- \\1\\ http://www.regulations.gov/#!documentDetail ;D=PHMSA-RSPA- 2004-19854-0070. --------------------------------------------------------------------------- In an effort to study the possible benefits of expanding EFVs beyond SFR applications, PHMSA began development of the Interim Evaluation in early 2009. In June and August of 2009, PHMSA held public meetings on NTSB Recommendation P-01-2. The meeting participants included the National Association of Regulatory Utility Commissioners, the National Association of Pipeline Safety Representatives, the International Association of Fire Chiefs, the National Association of State Fire Marshals, natural gas distribution operators, trade associations, manufacturers, and the Pipeline Safety Trust. As a result of these meetings, PHMSA issued a report titled: ``Interim Evaluation: NTSB Recommendation P-01-2 Excess Flow Valves in Applications Other Than Service Lines Serving One SFR'').\\2\\ --------------------------------------------------------------------------- \\2\\ The Interim Evaluation Report was issued in 2010 by PHMSA. The purpose of the interim report was to respond to the NTSB safety recommendation P-01-02 and evaluate the possibility of expansion of EFVs to applications other than service lines serving one single family residence (above 10 psig). The interim report also built a foundation for an economic analysis, considered the need for enhanced technical standards or guidelines, and suggested that any new technical standards include criteria for pressure drops across the EFV. The interim report can be found at: http://www.regulations.gov/#!documentDetail ;D=PHMSA-2011-0009-0002. --------------------------------------------------------------------------- On December 4, 2009, PHMSA amended the pipeline safety regulations to require the use of EFVs for new or replaced gas lines servicing SFRs.\\3\\ While this requirement met the mandate of the Pipeline Inspection, Protection, Enforcement and Safety Act (PIPES Act) enacted in 2006, distribution lines, including those that serve branched SFRs, apartment buildings, other multi-residential dwellings, commercial properties, and industrial service lines, are still not required to use EFVs. These structures are susceptible to the same risks as SFR service lines. PHMSA, already aware of this risk, was awaiting completion of the Interim Evaluation, which studied the possible expansion of EFVs beyond SFRs and the challenges of application. The Interim Evaluation also addressed other practical alternatives such as the use of manual isolation devices, such as curb valves. The evaluation identified challenges related to the feasibility and practicality of the proposed solutions, as well as significant cost factors and benefit factors. The evaluation found that there are no other devices or viable options to shut off gas supply quickly when gas services line ruptures. --------------------------------------------------------------------------- \\3\\ ``Pipeline Safety: Integrity Management Programs for Gas Distribution Pipelines,'' 74 FR 63906 (December 4, 2009) RIN 2137- AE15. --------------------------------------------------------------------------- On November 25, 2011, PHMSA published an Advance Notice of Proposed Rulemaking (ANPRM) (76 FR 72666) asking the public to comment on the findings of the Interim Evaluation and issues relating to the expanded use of EFVs in gas distribution systems. PHMSA also sought comments from gas distribution operators on their experiences using EFVs, including: Technical challenges of installing EFVs on services other than SFRs; Categories of service to be considered for expanded EFV use; Cost factors; Data analysis in the Interim Evaluation; Technical standards for EFV devices; and Potential safety and societal benefits, small business and environmental impacts, and costs of modifying the existing regulatory requirements. The ANPRM comments received by PHMSA will assist in the finalization of the Interim Evaluation and in determining what regulatory changes may be necessary to fulfill this mandate. In 2012, the President signed the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011, which requires PHMSA to study the possibility of expanding the use of EFVs beyond SFRs and issue a final report on the evaluation of the NTSB's recommendation on excess flow valves within 2 years after enactment of the Act. PHMSA is also mandated to, if appropriate, issue regulations requiring the use of EFVs or equivalent technology, where ``economically, technically and operationally feasible'', for new or entirely replaced distribution branch services, multi-family lines, and small commercial service lines. PHMSA has determined for the purpose of this proposed rule, based on the study, that the safety benefits of expanding EFVs justify the cost and is appropriate. The only proposed exceptions are for large apartment buildings, industrial or commercial users for whom EFVs may not be practical due to inherent design complexity, continuous supply demands and/or contamination issues. Additionally, PHMSA is proposing that services exceeding 1,000 SFCH install curb valves on new or replaced gas service lines. The proposed required use of curb valves for large commercial (greater than 1,000 SFCH) goes beyond the Section 22 language of the Pipeline Safety, Job Creation, and Regulatory Certainty Act of 2011, however it is based on ANPRM comments received from industry, trade associations and other stakeholders. PHMSA and industry in general believe that EFVs are not suitable larger commercial facilities over 1,000 SFCH. Curb valves are the best alternative to an EFV and provide an effective added level of safety for these facilities. These valves also are a feasible alternative based on the cost/benefit analyses. PHMSA's authority for regulating natural gas pipelines was first established by the Natural Gas Pipeline Safety Act of 1968, Public Law 90-481, and has since been enlarged by additional legislation. The Pipeline Safety Laws specifically delegate authority to DOT to develop, prescribe, and enforce minimum Federal safety standards for the transportation of natural gas. PHMSA has used this statutory authority to promulgate comprehensive minimum safety standards. While the 2011 Act specifically directed PHMSA to require the installation of EFVs on new and replaced branched lines serving SFRs, multi-family and small commercial facilities, DOT's underlying prior statutory authority under 49 U.S.C. 60104 provides PHMSA with the authority to require the installation of curb valves for large commercial facilities. In the time since the 1998 incident in South Riding, Virginia, the NTSB has investigated an additional 8 incidents, which resulted in 10 fatalities that could have possibly been averted if an EFV had been in place. The most recent incident occurred on November 23, 2012, when a gas pipeline exploded in Springfield, Massachusetts. The Springfield explosion injured 21 people and damaged more than 40 buildings. It is important also to note that this incident occurred on the day after Thanksgiving and the daycare adjacent to the explosion was closed. If the daycare would have been open, it is highly likely this incident would have resulted in even more losses. This incident is currently under investigation [[Page 41462]] by the NTSB. All eight of these incidents occurred on lines that would be affected by this rulemaking. II. Analysis of ANPRM Nineteen organizations and individuals submitted comments in response to the ANPRM. The individual docket item numbers are listed for each comment. Trade Associations Northeast Gas Association (NGA) (PHMSA-2011-0009-0012). Texas Pipeline Association (TPA) (PHMSA-2011-0009-0016). American Gas Association (AGA) (PHMSA-2011-0009-0023). American Public Gas Association (APGA) (PHMSA-2011-0009- 0024). Gas Transmission and Distribution Pipeline Companies MidAmerican Energy Company (MAE) (PHMSA-2011-0009-0011). Avista Utilities (AU) (PHMSA-2011-0009-0013). Southwest Gas Corporation (SWC) (PHMSA-2011-0009-0015). National Grid (NG) (PHMSA-2011-0009-0022) (Supported AGA comments). Laclede Gas (LG) (PHMSA-2011-0009-0018) (Supported AGA comments). Kansas Gas Service (KGS) (PHMSA-2011-0009-0017). Nicor Gas (PHMSA-2011-0009-0014). Government/Municipalities City of Ellensburg, Washington (PHMSA-2011-0009-0004). NTSB (PHMSA-2011-0009-0009). Iowa Utilities Board (IUB) (PHMSA-2011-0009-0020). Pipeline Industry Suppliers R.W. Lyall (PHMSA-2011-0009-0021). Gas Breaker, Inc. (GBI) (PHMSA-2011-0009-0019). Citizens Rebecca Lee Roter (PHMSA-2011-0009-0006). Courtney D. Brown (PHMSA-2011-0009-0010). Anonymous (PHMSA-2011-0009-0008) (The anonymous commenter expressed concerns regarding pipeline safety versus job creation, corruption, and politics. These topics are beyond the scope of this NPRM and are not discussed further.) PHMSA reviewed all of the comments received in response to the ANPRM. The comments received from the trade associations largely supported expanded EFV use with certain limitations. The operators that responded with comments raised some concerns with expanded EFV use generally related to logistics and implementation. Municipality comments reflected a concern that State laws already in place could conflict with any new Federal requirements. The NTSB expressed strong approval of the expanded EFV use. The comments submitted are discussed below in the same order as presented in the questions from the ANPRM. A. Technical Challenges of Installing EFVs on Services Other Than SFRs A.1. Does the Interim Evaluation address all challenges associated with expanded EFV use (changing gas usage patterns, snap loads, business- critical gas supply applications, system configuration, pressure ratings, and size of commercially available EFVs)? The ANPRM solicited feedback and comments regarding whether the Interim Evaluation fairly and accurately explained the challenges of expanded EFV use. These challenges, identified in the Interim Evaluation from a variety of stakeholders, may limit or exclude future EFV expansion beyond SFR applications due to safety reasons. The challenges included changing gas-usage patterns, snap loads (i.e. loads that lead to false closures), business-critical gas supply applications, system configurations, pressure ratings, and the sizes of commercially available EFVs. Among the challenges discussed by the commenters, snap loads (loads that lead to false closures), load variation, and proper EFV sizing seemed to be of the greatest concern. Overall, industry, trade association, government, and municipality commenters agreed that the Interim Evaluation failed to accurately and fully portray a variety of the technical and operational challenges and costs and benefits associated with expanded EFV requirements. These commenters either stated the report was lacking in certain areas or did not comment. In general, commenters, including AGA and APGA, strongly cautioned against the broad expansion of EFV requirements beyond those for SFRs, citing operators' lack of experience and design complexities. Specifically, APGA, SWC, AGA, LG, NG, AU, TPA, IUB, NGA, and MAE all found the Interim Evaluation's discussion of the challenges of proper EFV sizing protocols, system configuration, and changes in gas-usage patterns to be inadequate and to contain false assumptions. Due to these concerns, MAE suggested that any EFV requirements should only affect new installations. Likewise, AGA supported the installation of EFVs on new and entirely replaced service lines in the following applications only: Service lines to SFRs; SFR service lines and branched SFR service lines installed at the same time; A branched SFR service line branching off an existing SFR service line that does not contain an EFV provided there is sufficient line capacity; A branched SFR service line branching off an existing SFR service line that contains an EFV sized appropriately for both customers provided there is sufficient line capacity; Multi-family installations, including duplexes, triplexes, and fourplexes, with individual meter sets, a known customer load (based on meter capacity) not exceeding 1,000 standard cubic feet per hour (SCFH), and a load that is not expected to increase over time; and Small commercial customers with a known customer load (based on meter capacity) not exceeding 1,000 SCFH through a single service line and where the load is not expected to increase over time. AU, KGS, APGA, SWC, GBI, AGA, and the City of Ellensburg, WA, were concerned with the challenges of snap loads and the loss of continuous supply. Snap loads may occur when the amount of natural gas required to meet demand suddenly increases, which is generally due to many appliances being turned on at one time. GBI, AU, and AGA suggested that requiring EFVs for lines not exceeding 1,000 SCFH based on meter size is reasonable, but the false closure and load variation challenges make using EFVs for applications that exceed 1,000 SCFH difficult. AU specifically stated that the failure (false closure or malfunction) of EFVs at high loads during winter frost is difficult to mitigate and is an inconvenience to customers who lose service. AU stated that winter frost makes pipeline excavation to repair lines difficult due to frozen soil. SWC commented that business disruptions and loss of service in vital areas such as high-occupancy dwellings created a safety hazard. KGS recommended that service lines serving multiple customers should not use a single EFV due to the increased degree of variation in the gas flow rates. PHMSA received different approaches from commenters regarding the proper selection of an EFV for a pipeline, or what is referred to in the Interim Evaluation as ``EFV sizing''. The trip point is the specific point in which the [[Page 41463]] EFV ``trips'', or closes, the valve due to gas pressure differential and is essentially the factor that guides the size selection of an EFV. In the Interim Evaluation, PHMSA suggested an EFV's trip point should be less than, but close to, the flow rate of a complete line rupture. Commenters indicated that PHMSA's approach for trip point selection either led to tripping too easily or not at all. R.W. Lyall, an EFV manufacturer, further submitted that EFVs should be sized so that the EFV trip point, at the minimum system pressure, is above the maximum anticipated load and is above meter capacity. GBI suggested an EFV should be selected that operates at least 1.5 times the meter rating at the minimum design inlet pressure. Finally, SWC and NGA specifically commented that, due to the complexity of design found in multi-family industrial and commercial service lines, a common approach for sizing is not possible. With regard to the challenges of commercially available EFVs, PHMSA received two comments. GBI, an EFV manufacturer, commented that the commercial availability for most applications, even those considered large, is not a problem. In contrast, MAE stated that the commercial availability of EFVs for non-residential load profiles is an assumption made on the part of PHMSA that may be inaccurate. PHMSA Response A number of the comments PHMSA received focused on a concern that EFVs could trip inadvertently and may cause unnecessary service disruptions. PHMSA agrees that variations in the configuration of service lines make it difficult to impose specific sizing requirements for various types of service lines and customers. However, if an operator installs an EFV and operates it in accordance with a manufacturer's specifications, the EFV should operate safely without the need for a prescriptive sizing requirement even when customer gas usage changes, unless the change were so large as to require a new service line. Overall, PHMSA disagrees with the comments that EFVs are prone to failure and inadvertent tripping due to variations in gas flow, location, etc. Research and available data has shown very few failures with EFVs in actual usage. Operators in the United States have gained considerable experience with EFVs since 1999 mainly with SFRs. The NRRI conducted a survey on EFV installation and operators' experiences with EFVs installed on single family residential service lines found of 2.5 million EFVs installed on SFRs only 223 failed.\\4\\ In Europe, BEGAS, the government owned gas company in Eastern Austria, reported that EFVs have been installed since 1993 on service lines to hospitals, large facilities, production plants, etc. Out of 26,000 BEGAS installations there have been no spurious failures.\\5\\ PHMSA maintains proper operator installation using manufacture direction and maintenance of EFVs is paramount to their success. Therefore, PHMSA is not proposing a protocol for EFV installation. PHMSA is only advising operators to install EFVs as the manufacturer directs and the service safely requires. --------------------------------------------------------------------------- \\4\\ ``Survey on Excess Flow Valves: Installations, Cost, Operating Performance and Gas Operator Policy'', Ken Costello, The National Regulatory Research Institute, March 2007. \\5\\ ``Operational Experiences with Excess Flow Valves for Service Lines and Main Lines in Network Operation'', Peter Masloff, Technology Department Director, BEGAS--Burgenlandische Erdgasversorgungs AG. http://pipelife-gasstop.com/media/gasstop/pdf_englisch/GWF_7_2003_Excess-Flow-Valves_Experience-report.pdf . --------------------------------------------------------------------------- Operators and manufacturers that PHMSA contacted stated they typically size an EFV in such a way that it trips at 20% to 30% above the maximum service load it will encounter. It is possible that this trip point could be too high for small leaks, however, EFVs are intended to react to ruptures, not small holes. Likewise, one commenter mentioned winter time excavation of lines to repair them due to EFV failure was a concern. PHMSA suggests that digging in frozen ground in winter is not any more difficult than digging concrete or curbside if valve is located underneath. Again, PHMSA believes, proper sizing of an EFV is the key to avoiding all these issues. PHMSA has surveyed twice in the past, and there were only one or two instances of EFV failure in greater than a million services over many years. All major EFV manufacturers PHMSA contacted indicated that they are available to help operators to properly size their valves. PHMSA received no information to indicate that pressure ratings and/or the size of commercially available EFVs are a problem for the expansion of EFVs to certain other types of service. Currently, the normal minimum pressure design (the minimum anticipated design pressure) is 10 psig. The maximum pressure of composite materials (250 psig), plastic (125 psig), and steel (1,000 psig and up), does not pose a problem. There is no pressure limit on an EFV's performance except that, when activated, the EFV seat must be able to withstand the pressure. The pressure limit is normally constrained by the design of the carrier pipe. EFVs covered by ASTM F2138 must have a maximum inlet pressure of at least 125 psig, while ASTM F1802 applies to EFVs with a pressure rating of up to 125 psig. However, for very high-volume EFV applications, such as those for industrial customers, technical standards may need to address operating design pressures that exceed 125 psig. Therefore, PHMSA proposes to expand EFV applications to new or replaced service lines for SFRs with branched lines; multi-family installations, including duplexes, triplexes, and fourplexes with individual meter sets and known customer loads not exceeding 1,000 SCFH; and small commercial customers with known loads not exceeding 1,000 SCFH. EFVs will not be required in the above-mentioned applications if one of the existing Sec. 192.383 exceptions is present. While the proposed expansion of EFVs would have costs, PHMSA believes the costs are justified by the added protection for gas customers, as the only proposed exceptions are for large apartment buildings, industrial or commercial users for whom EFVs may not be practical due to inherent design complexity and continuous supply demands. In those situations (loads exceeding 1,000 SFCH), PHMSA believes curb valves will provide the best possible option for improved safety at this time. PHMSA does not have definitive data, but some commenters stated that 2% to 5% of customers would fall into one of the exceptions for EFVs, which would include many of those facilities over with loads exceeding 1,000 SFCH. A.2. Additional Challenges Not Addressed by the Interim Evaluation The ANPRM also solicited comments on whether additional challenges existed beyond those discussed in the Interim Evaluation. MAE commented that the addition of more EFVs in natural gas systems could create an increase in safety hazards resulting from the maintenance of failed EFVs and EFVs that fail to trip on small leaks (i.e., pinhole corrosion). These safety hazards would be due to increased excavation activities, which place more workers in high-traffic and congested areas. MAE also mentioned that excavation contractors may be less cautious around service lines if they believe they will not leak because of an installed EFV. TPA stated that the mandated use of EFVs for new or replaced transmission or gathering lines should not be pursued until further study is completed. [[Page 41464]] PHMSA Response MAE's comment regarding excavation damage prevention can be addressed with proper EFV installation techniques and the normal course of training for pipeline operator personnel, including training on excavation damage prevention. Excavation contractors hired by operators go thru same damage prevention training as operators regarding safe digging practices and are aware of the dangers of gas leaks and explosions. In regard to TPA's comment, PHMSA agrees at this time and is proposing to expand EFV use only to distribution lines, not gathering or transmission lines. PHMSA has found that there is a lack of experience with EFVs on gathering and transmission lines in addition to problems with contaminants and other factors. A.3. Use of Curb Valves (Manual Shut-Off Valve) as an Alternative to EFVs The ANPRM sought comments on the use of curb valves as an alternative to EFVs. Most commenters agreed that use of a curb valve is a viable alternative to EFV use in some cases. In fact, the City of Ellensburg, Washington, stated the installation of a curb valve should be considered by PHMSA to be equivalent to the installation of an EFV. The City of Ellensburg mentioned that current Washington State regulations require the use of a curb valve if an EFV is not installed. MAE, APGA, and APA commented that operators have experience with curb valves, but their use presents certain challenges. The technical challenges expressed by commenters with regard to curb valve use include: Maintenance of the valve; location of the valve for accessibility; third-party damage to the valve; recordkeeping as to the location of the valve; ensuring the box does not place stress on the pipe; and the delayed shut-off response inherent in curb valve design during emergency situations. APGA commented that curb valves require trained personnel to manually close the valve with a special key. APGA further stated that ``squeezing'' off the gas in the line is sometimes quicker than using a curb valve for stopping the flow of gas. PHMSA Response Historically, curb valves have proven to be a very effective mechanism for interrupting the flow of gas in both routine maintenance situations and in emergencies. Other than a curb valves, distribution operators have tools (large pliers) to squeeze pipe to shut off gas supply. Curb valves require that a person make a conscious decision to physically close the valve itself, thereby avoiding inadvertent closures. Curb valves are slightly more expensive than EFVs and require some maintenance and need to be located in an accessible site. The primary disadvantage curb valves have is the time it can take to mobilize to the valve site and close the valve. It is not technically feasible to expand EFV use to service lines operating at loads exceeding 1,000 SCFH. This is largely due to issues with reliable service, load fluctuation, the lack of experience with EFV usage in larger applications, and the complexity of design issues. Therefore, in the case of service lines operating at more than 1,000 SCFH, PHMSA proposes to require curb valves be installed and maintained in such a manner that emergency personnel can access them. Although it does not come at a prohibitive cost, the installation of curb valves is slightly more expensive than the installation of EFVs. A.4. Additional Situations Where the Installation of EFVs May Not Be Feasible The ANPRM solicited comments concerning additional situations not found in the Interim Evaluation where the installation of an EFV may not be feasible or practical. AGA and SWC commented that they agreed with the examples cited in section 10.3.1 of the Interim Evaluation. MAE commented that lines containing contaminants, and distribution systems with a history of transporting liquids, may create situations where EFVs are impracticable. PHMSA Response Section 192.383 currently includes exceptions for EFV installations with regard to SFRs. With respect to MAE's concern regarding lines containing contaminants and distribution systems with a history of transporting liquids, the proposed exceptions would waive the EFV requirement for those systems for which installing EFVs would be impracticable. This proposed rule incorporates the existing Sec. 192.383 exceptions in place and would extend them to the additional service line applications covered in this NPRM. B. Economic Analysis Considerations PHMSA requested comments on the potential costs of modifying the existing regulatory requirements. PHMSA requested that commenters provide information and supporting data on the potential quantifiable safety and societal benefits, the potential impacts on small businesses, and the potential environmental impacts of modifying the existing regulatory requirements. The economic analysis for the installation of EFVs on services other than SFRs involves challenges including the quantification and monetization of costs and benefits. B.1. Categories of Service for Expanded Use of EFVs The ANPRM requested comments on section 10.3.2. of the Interim Evaluation. This section describes the ``Categories of Services'' in which PHMSA could expand EFV requirements. PHMSA sought input as to whether the categories accurately represented current ``real world'' applications and which categories are most likely to benefit from EFV expansion.\\6\\ --------------------------------------------------------------------------- \\6\\ The categories of service from the Interim Evaluation are: Branched service line serving single-family residence; Service line serving one (or two adjoining) multi-family residential building(s) with one meter or one meter header or manifold; Non-residential services to space and water heat customers; Other applications where the service line configuration or EFV specification is more complex; and Industrial customers. --------------------------------------------------------------------------- AGA largely agreed with the categories of service presented in the Interim Evaluation, while MAE commented that the categories are sufficient for economic analysis only. MAE further states that if the rule in its final form creates different requirements among these five categories, the rule may prove difficult to implement because an operator may not be clear which category a service may fall into. AGA, APGA, AU, Nicor, and SWC advised PHMSA not to apply the EFV requirements to all five categories named in the Interim Evaluation. Specifically, the commenters supported all categories of service with the exception of those with services requiring greater than 1,000 SCFH. Those services with 1,000 SCFH requirements or higher are generally sensitive to loss of supply and may have complex configurations not conducive to EFVs. Nicor, APGA, and AGA commented that service lines serving one multi-family building with one meter should be limited to duplexes, triplexes, and fourplexes with known loads not exceeding 1,000 SCFH, and that non-residential services to space and water heater customers should be limited to 1,000 SCFH due to possible snap loads. Additionally, AGA stated that there are factors to consider for applying EFVs to non-residential service lines such as commercial food sales, food service, and health care, and that these applications would require unique analysis. These service applications are susceptible to loss of service issues and [[Page 41465]] frequently have complex designs. SWC likewise stated that EFVs work in applications not exceeding 1,000 SCFH. The industrial customer's category was mentioned by all those commenting on this question as a category not suitable for mandated EFV use due to unpredictable load changes over the life of the service and inherent design complexities. PHMSA Response PHMSA has reviewed the comments on the possible expansion of categories of gas services requiring EFVs. PHMSA proposes expansion of EFV use for only certain categories of service presented in the Interim Evaluation. Specifically, PHMSA proposes to expand EFV requirements to include: Branched SFR service lines off of existing SFR service lines that do not contain an EFV and have a known load not exceeding 1,000 SFCH based on meter capacity; SFR service lines and branched SFR service lines installed at the same time with a known load not exceeding 1,000 SFCH based on meter capacity; Branched SFR service lines off of existing SFR service lines with a known load not exceeding 1,000 SFCH based on meter capacity; Multi-family residences with individual meter sets and a known customer load not exceeding 1,000 standard cubic feet per hour (SCFH) based on meter capacity; and Small commercial customers with a known customer load (based on meter capacity) not exceeding 1,000 SCFH through a single service line. Operators with services lines with loads exceeding 1,000 SCFH will be required to utilize curb valves. Since PHMSA has found commercial and industrial service lines often have complex designs and/or require constant reliable service requirements, PHMSA has decided that these categories of service are not good candidates for requiring EFV use. Often these services meet or exceed a demand for 1,000 SCFH. PHMSA therefore proposes the 1,000 SCFH threshold based on comments and PHMSA experience however we invite comment. B.2. Cost Factors Associated With Mandatory EFV or Curb Valve Installation The ANPRM sought comments as to whether there are any other issues related to the costs associated with mandatory EFV or curb valve installation that should be considered aside from those mentioned in the Interim Evaluation. Both AGA and SWC noted that cleaning labor for EFVs on larger service lines, inadvertent trips and the subsequent loss of business for commercial customers and accidental environmental discharges are additional costs to the operator that PHSMA should consider. APGA commented that EFV installation costs for large-volume EFVs may be higher due to the fact there is less demand for them, and PHMSA should not assume the same unit price as a SFR EFV. Both NGA and Nicor mentioned that installation of EFVs may conflict with restrictions placed by local jurisdictions on excavating paved roads to access existing or install new EFVs. PHMSA Response PHMSA has determined that installing EFVs by using manufacturer guidelines should eliminate most EFV tripping errors. EFVs are commercially available in a wide variety of pipe sizes. Some manufacturers report that they make EFVs for larger than 2-inch IPS (Iron Pipe Size) diameters (typical SFR size), and at least one manufacturer is developing a 10,000 SCFH EFV. The principles of operation remain the same as valve size and trip point increase, making EFVs for larger loads and pipe sizes technically feasible. PHMSA also noted that SFR installation of EFVs, which began in 2010, depended on manufacturer guidelines for installation. No PHMSA guidance was issued. Since 2010 the SFR EFVs required to be installed have resulted in no false trips or failures if installed as manufacturer directed. PHMSA has found manufacture guidelines to be well within the safety margin and they know their product better than PHMSA in most instances. Additional costs for purging lines are minimal as documented by AGA estimates. AGA states many operators either have already installed EFVs on some services beyond SFRs or are planning to start. The price per unit has decreased in recent years given the development, improved availability, and quality of EFVs. Higher installation costs for high volume EFVs have been taken into account in the cost/benefit analysis through the averaged cost. Similarly, installation costs for curb valves are more expensive than smaller volume EFVs and the cost/benefit analysis considered that aspect. B.3. Who should pay for the installation and maintenance of EFVs or other alternatives and why? PHMSA sought comments as to who should pay for the costs of installation and maintenance of EFVs. Comments were received from AGA, SWC, and MAE concerning who should be expected to pay for the installation and maintenance of EFVs or other alternatives if applicable regulatory requirements were implemented. MAE stated that operators should pay for the initia","truncated":true,"body_characters":83670}