# Pipeline Safety: Periodic Standards Update II

- **operation:** document
- **citation:** 87 FR 52713
- **title:** Pipeline Safety: Periodic Standards Update II
- **source type:** rulemaking
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** proposed
- **official:** true
- **published on:** 2022-08-29
- **effective on:** Not available
- **summary:** PHMSA incorporates more than 80 voluntary, consensus, industry technical standards by reference within the Federal pipeline safety regulations (PSRs). This notice of proposed rulemaking (NPRM) proposes amendments that would incorporate by reference all or parts of updated editions of some of those standards. This NPRM also proposes non- substantive edits and clarifications to certain other provisions of the PSRs.
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Federal Register, Volume 87 Issue 166 (Monday, August 29, 2022) [Federal Register Volume 87, Number 166 (Monday, August 29, 2022)] [Proposed Rules] [Pages 52713-52736] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2022-17219] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 191, 192, and 195 [Docket No. PHMSA-2020-0013] RIN 2137-AF48 Pipeline Safety: Periodic Standards Update II AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: PHMSA incorporates more than 80 voluntary, consensus, industry technical standards by reference within the Federal pipeline safety regulations (PSRs). This notice of proposed rulemaking (NPRM) proposes amendments that would incorporate by reference all or parts of updated editions of some of those standards. This NPRM also proposes non- substantive edits and clarifications to certain other provisions of the PSRs. DATES: Members of the public who are interested in submitting comments on this NPRM must do so by October 28, 2022. ADDRESSES: You may submit comments, identified by Docket No. PHMSA- 2020-0013, by any of the following methods: E-Gov Web: https://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. Mail: Docket Management System, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building: Room W12-140, Washington, DC 20590-0001. Hand Delivery: DOT Docket Management System, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building: Room W12-140, Washington, DC 20590-0001, between 9:00 a.m. and 5:00 p.m. ET, Monday through Friday, except Federal holidays. Instructions: Identify Docket No. PHMSA-2020-0013 at the beginning of your comments. If you submit your comments by mail, submit two copies. If you would like confirmation that PHMSA received your comments, please include a self-addressed stamped postcard. Internet users may submit comments at https://www.regulations.gov . Note: All comments received are posted without edits to https://www.regulations.gov , including any personal information provided. Please see the Privacy Act heading for more information. Privacy Act: In accordance with 5 United States Code (U.S.C.) 553(c), the DOT solicits comments from the public to better inform its rulemaking process. The DOT posts these comments without edit, including any personal information the commenter provides, to https://www.regulations.gov , as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.dot.gov/privacy . Confidential Business Information: Confidential Business Information (CBI) is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments in response to this notice contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this notice, it is important that you clearly designate the submitted comments as CBI. Pursuant to 49 Code of Federal Regulations (CFR) 190.343, you may ask PHMSA to provide confidential treatment to information you give to the agency by taking the following steps: (1) mark each page of the original document submission containing CBI as ``Confidential;'' (2) send PHMSA a copy of the original document with the CBI deleted along with the original, unaltered document; and (3) explain why the information you are submitting is CBI. Submissions containing CBI should be sent to Tewabe Asebe, 1200 New Jersey Avenue SE, DOT: PHMSA--PHP-30, Washington, DC 20590-0001. Any commentary PHMSA receives that is not specifically designated as CBI will be placed in the public docket. Docket: For access to the docket or to read background documents or comments, go to https://www.regulations.gov and follow the online instructions to access the docket. Alternatively, you may review the documents in person at the street address listed above. FOR FURTHER INFORMATION CONTACT: Technical Information: Rod Seeley by phone at (713) 272-2852 or via email at [email protected] . Regulatory Information: Tewabe Asebe by phone at (202) 365-0226 or via email at [email protected] . SUPPLEMENTARY INFORMATION: I. Introduction II. Background A. History of Incorporation by Reference B. Availability of Materials to Interested Parties III. Summary of Proposed Updates to Standards That Are Incorporated by Reference A. American Petroleum Institute B. American Society of Mechanical Engineers C. The American Society for Nondestructive Testing D. The Association for Materials Protection and Performance E. ASTM International F. The National Fire Protection Association G. Plastics Pipe Institute IV. Miscellaneous Amendments V. Regulatory Analyses and Notices I. Introduction This NPRM proposes the incorporation by reference of 28 updated, voluntary, consensus industry technical standards within the PSRs (49 CFR parts 190-199). These updated standards would generally, if adopted, maintain or improve public safety and environmental protection, prevent regulatory confusion and reduce compliance burdens on stakeholders, and satisfy a mandate in the National Technology Transfer and Advancement Act of 1995 (NTTAA) (15 U.S.C. 272 (note)), that directs Federal agencies to, ``when practical and consistent with applicable laws, use technical standards developed by voluntary consensus standard bodies instead of government-developed technical standards.'' PHMSA incorporates more than 80 consensus standards by reference into the PSRs; however, many standards become outdated over time as new editions become available. By updating these standards, PHMSA will ensure better alignment of the PSRs with the latest innovations in operational practices, testing, and technological advancements; enhance compliance by avoiding conflict between different versions of the same technical standards; and facilitate safety-focused allocation of resources by pipeline operators. Therefore, PHMSA expects that the updated standards in this rule will enhance the PSRs' protection of public safety and the environment--including avoidance of greenhouse gas emissions in the form of methane releases from natural gas pipelines--and will be technically feasible, reasonable, cost- effective, and practicable in light of [[Page 52714]] their anticipated public safety and environmental benefits, justifying any associated compliance costs. II. Background A. History of Incorporation by Reference The Office of Management and Budget (OMB) sets the policy for Federal use and development of voluntary consensus standards in OMB Circular A-119 (``Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities'').\1\ Material that is incorporated by reference (IBR) is treated as if it was published in full in the Federal Register and the PSRs. Therefore, like any other rule issued in the Federal Register, a voluntary, consensus, industry technical standard that has been incorporated by reference has the full force and effect of the law. As specified in 1 CFR 51.1(c), the director of the Federal Register has the authority to determine whether material that is proposed for incorporation by reference serves the public interest. If a provision of an incorporated standard conflicts with a regulation, the regulation takes precedence unless the regulation expressly provides otherwise. --------------------------------------------------------------------------- \1\ OMB, Circular No. A-119 (Feb. 10, 1998), https://www.whitehouse.gov/wp-content/uploads/2017/11/Circular-119-1.pdf . --------------------------------------------------------------------------- PHMSA has incorporated more than 80 industry technical standards by reference into the PSRs. The lists of publications that PHMSA has incorporated into parts 192 (which regulates the transportation of natural gas by pipeline) and 195 (which regulates the transportation of hazardous liquids by pipeline) are found in Sec. Sec. 192.7 and 195.3, respectively. Previous rules that incorporated updated consensus standards by reference were published on May 24, 1996, (61 FR 26121); February 17, 1998, (63 FR 7721); June 14, 2004, (69 FR 32886); June 9, 2006, (71 FR 33402); February 1, 2007, (72 FR 4655 (correction)); August 11, 2010, (75 FR 48593); January 5, 2015, (80 FR 168); and August 6, 2015, (80 FR 46847 (correction)). The voluntary, consensus, industry technical standards related to pipeline facilities that are incorporated within the PSRs are developed or adopted by domestic and international standard development organizations (SDOs). Approximately every 2 to 5 years, these organizations use agreed-upon procedures to update and revise their published standards to reflect the latest developments in technology, testing, and operational practices. New or updated industry technical standards often incorporate new technologies, materials, management practices, and other innovations that can improve the physical integrity and the safe and environmentally protective operation of pipeline facilities. PHMSA employees participate in meetings held by national SDOs that address the design, construction, maintenance, inspection, operation, and repair of pipeline facilities. PHMSA's subject matter experts represent the agency in all dealings with the SDOs, participate in discussions and technical debates, register opinions, and vote in accordance with the procedures of the SDOs at each stage of the standards development process (unless prohibited from doing so by law). PHMSA participates in this process to ensure that the agency's safety priorities are considered and to avoid the need to develop separate, government-unique standards. PHMSA also regularly reviews updated editions of currently referenced consensus standards and amends the PSRs to partially or fully incorporate updated standards that will enhance or maintain pipeline and environmental safety. This ensures that the PSRs incorporate and facilitate the use of the latest technologies, materials, management practices, and other innovations. The adoption of more recent editions of standards also prevents conflicts between the standards referenced in the PSRs and updated versions of the same standards with which operators and suppliers may voluntarily comply, thereby (1) avoiding the confusion and expense associated with ensuring compliance with competing versions of the same standard, and (2) improving compliance and allowing the allocation of more operator resources toward safety and environmental protection. PHMSA reviewed the updated standards discussed in this proposed rule and considers them appropriate for incorporation by reference within the PSRs. B. Availability of Materials to Interested Parties Pursuant to Section 24 of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (Pub. L. 112-90), ``the Secretary may not issue a regulation pursuant to this chapter that incorporates by reference any documents or portions thereof unless the documents or portions thereof are made available to the public, free of charge.'' On November 7, 2014, the Office of the Federal Register issued a final rule that revised 1 CFR 51.5 to require that every Federal agency must ``discuss, in the preamble of the proposed rule, the ways that the materials it proposes to incorporate by reference are reasonably available to interested parties or how it worked to make those materials reasonably available to interested parties.'' \2\ --------------------------------------------------------------------------- \2\ Office of the Federal Register, ``Incorporation by Reference,'' 79 FR 66267 (Nov. 7, 2014). --------------------------------------------------------------------------- To meet these requirements, PHMSA negotiated agreements to make viewable copies of IBR standards available to the public at no cost with all but one of the SDOs whose updated standards PHMSA now proposes to incorporate by reference in the PSRs. The organizations that agreed to the requirements of Section 24 are: the American Petroleum Institute (API), the American Gas Association (AGA), ASTM International (formerly the American Society for Testing and Materials), the American Society for Nondestructive Testing (ASNT), the Gas Technology Institute, the Manufacturers Standardization Society of the Valve and Fittings Industry, Inc., the Association for Materials Protection and Performance (AMPP), the National Fire Protection Association (NFPA), and the Plastics Pipe Institute (PPI).\3\ Each organization's mailing address and website is listed in 49 CFR parts 192 and 195. As of the date of publication of this NPRM, PHMSA was not able to reach a general agreement with the American Society of Mechanical Engineers (ASME); however, the ASME agreed to make the standards proposed in this rule available during the comment period. Information regarding standards availability can be found at https://www.phmsa.dot.gov/standards-rulemaking/pipeline/standards-incorporated-reference . Additionally, individuals and organizations may temporarily access the ASME standards incorporated by reference in this NPRM, as well as any other standard in this NPRM that is not otherwise available from the relevant SDO, by contacting PHMSA at the following email address: [email protected] . Such requests should include a phone number, physical address, and an email address. --------------------------------------------------------------------------- \3\ NACE International and the Society for Protective Coatings merged to form AMPP, which is why NACE standards are listed under AMPP. --------------------------------------------------------------------------- III. Summary of Proposed Updates to Standards That Are Incorporated by Reference The following list, which is organized alphabetically by SDO, includes the title and edition of each updated standard that PHMSA proposes to incorporate into the PSRs in this NPRM; the sections of the PSRs that reference each [[Page 52715]] standard; a summary of the standard's purpose; identification of the currently incorporated edition of the standard; and a summary of the changes introduced in the latest version of the standard. The omission of a new edition of a standard in this NPRM does not imply that PHMSA has reviewed and rejected that updated standard. PHMSA also requests comments about the potential incorporation of the 22nd edition of API Std 1104: Welding Pipelines and Related Facilities. PHMSA currently incorporates the 20th edition of API Std 1104 by reference within the PSRs and proposed the 21st edition for incorporation in the NPRM titled ``Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments'' (January 15, 2021; 86 FR 3938). PHMSA believes that incorporating the 22nd edition, which published in July 2021 and includes extensive changes and expanded requirements compared to its predecessors, will require additional resources and training for industry. PHMSA is particularly interested in comments from stakeholders regarding the use of the 22nd edition to develop welding procedures, as well as comments regarding implementation of the 22nd edition from the perspective of welders, welding inspectors, and engineers. PHMSA also solicits comments on any potential issues that could result from the incorporation of the 22nd edition. Finally, PHMSA specifically requests comments regarding the potential incorporation of Section 10 of the 22nd edition of API Std 1104 and its impact on the PSRs; in particular, on Sec. Sec. 192.245 and 195.230. In a comparison of the 21st and 22nd editions, the 22nd edition provides the following substantive changes: it revises sample forms; adds requirements for maximum-interpass temperature and post heating for hydrogen diffusion; includes formulas and the concept of heat input in the electrical-characteristics section; modifies the time required between passes for operators to only consider welding with cellulosic electrodes; and expands the definitions, the filler-metal table, and the post-weld heat-treatment sections. Further, the 22nd edition incorporates a table of essential variables that includes modifications to base material and material thickness and provides hardness and/or toughness options, a preheating requirement, electrical-waveform requirements, interpass-temperature requirements, guidance on the temper-bead technique, and extensive notes. The 22nd edition also modifies the welder-qualification section to include procedure qualification, qualification-thickness ranges, filler-metal groups, a gas-metal arc-welding process statement, allowance for the qualification of two welders on one test weld, and a documentation requirement for procedure adherence during the qualification weld; it also reduces the required number of specimens. The mechanized welding section of the 22nd edition includes documentation enhancements regarding the development of an essential- variable table that modifies the base material and material thickness, provides for a hardness and/or toughness option, includes electrical- waveform and interpass-temperature requirements, and adds extensive notes. The 22nd edition also adds a requirement to perform a nick-break test for mechanized procedures that include manual or semi-automatic passes and contains expanded welding-operator qualification requirements. Annex A of the 22nd edition considers the variability of welding electrodes, and Annex B uses a table format for essential variables that adds additional essential variables. As stated previously, PHMSA believes that incorporating the 22nd edition will require additional investment from industry. As a result, PHMSA did not propose to adopt the 22nd edition in this NPRM, but requests comments as specified above to help inform our decision regarding whether to propose the 22nd edition for incorporation by reference in a future rule. In this NPRM, PHMSA proposes to incorporate the following updated editions of voluntary, consensus, industry technical standards currently incorporated by reference in parts 192 and 195: A. American Petroleum Institute 1. API Recommended Practice (RP) 652, 5th Edition (May 1, 2020): Linings of Aboveground Petroleum Storage Tank Bottoms PHMSA proposes to incorporate by reference API Recommended Practice (RP) 652, 5th Edition (May 1, 2020): Linings of Aboveground Petroleum Storage Tank Bottoms into Sec. 195.579(d) which addresses corrosion control in aboveground hazardous liquid breakout tanks. This RP provides acceptable methods for controlling corrosion in aboveground petroleum storage tanks with tank-bottom linings. It also contains information pertinent to lining application, surface preparation, curing, the selection of lining materials, and the inspection of tank- bottom linings for new and existing storage tanks. The PSRs currently incorporate the 3rd edition of this standard, which was published in 2005. The 5th edition of RP 652 retains revisions introduced in the 4th edition (published on September 1, 2014) and includes 2016 errata. The 4th edition and the 2016 errata introduce more specific requirements than the 3rd edition regarding how and when tank bottoms that have degraded beyond the minimum bottom-renewal thickness must be lined, repaired, or replaced. The 4th edition addresses selecting lining materials, the installation and post-construction inspection of liners, revamped requirements regarding the use of fiberglass-reinforced plastic as an option for thick-film-reinforced linings, and guidance for thick-film-reinforced tank-bottom linings. Additionally, it expands the requirement to consider the effects of steam coils and other internal devices on tank-lining installation and integrity to include additional guidance on the thermal effect of steam coils on lining materials. The 4th edition also includes new requirements for preparing surfaces near tank internals, and the standard's sections on pre- installation cleaning provide additional guidance regarding water quality, cleaning soluble salts, compressed- or vacuum-air cleaning, and the effects of recycled media. The 4th edition directs tank owners to follow manufacturers' instructions during pre-installation preparation, installation, and post-construction inspection, especially during continuity (holiday) testing with high-voltage detectors. Lastly, the 4th edition states that tank owners must consult with the lining manufacturer to select appropriate lining materials for the design and expected operating parameters of the tank. The 5th edition of API RP 652 builds on the materials introduced in the 4th edition and consists mainly of editorial changes and clarifications regarding existing requirements. These changes include the addition of language that specifically addresses ethanol, biofuels, and solvents, including discussions of inorganic zinc/zinc silicate in connection with the definition, explanation, and prevention of stress- corrosion cracking. The 5th edition also incorporates minor edits to definitions, expands Section 5.3, changes its terminology in Section 12.4 to refer to ``Safety Data Sheets (SDS)'' instead of ``Material Safety Data Sheets (MSDS),'' and revises the Thick Film Reinforced Linings subsection in Section 6. Other positive changes include the expansion of sections that discuss the advantages and disadvantages of each type of lining and further explanation of holiday [[Page 52716]] detection for pipelines with existing coatings, particularly in regard to the importance of cleanliness when establishing the efficacy of an existing coating. The 5th edition removes a number of standards incorporated by reference in Section 2 of API RP 652, as well as references to particular editions of standards that remain in Section 2. PHMSA does not expect that the removal of references to certain standards incorporated by reference in previous editions of API RP 652 or the omission of references to specific editions of remaining standards would adversely impact safety. Further, while the 4th and 5th editions of API RP 652 also discuss the use of a risk-based approach to determine the frequency of inspection intervals, Sec. 195.579(d) does not allow pipeline owners or operators to use a risk-based approach to determine inspection frequency. PHMSA reviewed the revisions introduced in API RP 652 since publication of the 3rd edition of this standard and does not expect that their incorporation by reference into the PSRs will adversely affect corrosion-control measures for aboveground petroleum storage tanks. Rather, the incorporation of the updated standard could enhance the protection of public safety and the environment because it reflects improved corrosion-control processes for aboveground breakout tanks, would reduce regulatory confusion, and avoids redundant compliance approaches from competing versions of the same standard. Therefore, PHMSA proposes incorporating the 5th edition of API RP 652 by reference within Sec. 195.579(d). The updated standard would replace API Recommended Practice 652, 3rd Edition (October 2005): Linings of Aboveground Petroleum Storage Tank Bottoms. 2. API RP 2003, 8th Edition (September 1, 2015): Protection Against Ignitions Arising Out of Static, Lightning, and Stray Currents PHMSA proposes the incorporation by reference of API RP 2003, 8th Edition (September 1, 2015): Protection Against Ignitions Arising Out of Static, Lightning, and Stray Currents into Sec. 195.405(a) which addresses protecting against ignition when performing maintenance on aboveground hazardous liquid breakout tanks. This RP reflects the current state of technology and knowledge (based on experimentation and practical experience) applicable to the prevention of hydrocarbon ignition in petroleum industry applications due to static electricity, lightning, and stray currents. The PSRs currently incorporate the seventh edition of this standard, which was published in 2008. PHMSA reviewed the 8th edition of API RP 2003 and noted that it contains only editorial changes and clarifications that would not adversely affect public safety or environmental protection. Indeed, incorporation of the updated standard could have safety and environmental benefits that would stem from reduced regulatory confusion regarding competing versions of the same standard. This would improve protection against ignition arising from static electricity, lightning, and stray currents during operation and maintenance activities involving aboveground hazardous liquid breakout tanks. PHMSA's adoption of the updated standard would replace existing references to API RP 2003, 7th Edition (January 2008): Protection against Ignitions Arising out of Static, Lightning, and Stray Currents. 3. API Specification (Spec) 12F, 13th Edition (January 1, 2019): Specification for Shop Welded Tanks for Storage of Production Liquids PHMSA proposes the incorporation by reference of API Spec 12F, 13th Edition (January 1, 2019): Specification for Shop Welded Tanks for Storage of Production Liquids into Sec. Sec. 195.132(b); 195.205(b); 195.264(b), (e); 195.307(a); 195.565; and 195.579(d) which govern the design, construction, operation, testing, and maintenance of aboveground hazardous liquid breakout tanks. This specification outlines design, fabrication, materials, and testing requirements for new, shop-fabricated, vertical, cylindrical, aboveground, welded-steel storage tanks that are designed according to the standard sizes and capacities for approximately atmospheric internal pressures. The PSRs currently incorporate the 12th edition of this standard, which was published in 2008. PHMSA reviewed the 13th edition of API Spec 12F and noted that it contains only minor changes and clarifications regarding existing requirements that would not adversely affect public safety or environmental protection. Indeed, incorporation of the updated standard could have safety and environmental benefits that would stem from reduced regulatory confusion regarding competing versions of the same standard. PHMSA acknowledges that the scope of API Spec 12F is directed towards shop-fabricated tanks for production operations, even though the scope of the PSR provisions that incorporate it by reference is broader in application. Therefore, PHMSA seeks comment regarding whether API 650 Annex J, which has a broader scope, would be more appropriate for incorporation in the PSRs than API Spec 12F. PHMSA may consider the removal of API Spec 12F from the list of incorporated standards in a future rule, but PHMSA currently proposes the adoption of the updated edition of that specification. PHMSA's adoption of the updated standard would replace existing references to API Spec 12F, 12th Edition (October 1, 2008): Specification for Shop Welded Tanks for Storage of Production Liquids. 4. API Standard (Std) 510, 10th Edition (May 1, 2014): Pressure Vessel Inspection Code: In-Service Inspection, Rating, Repair, and Alteration PHMSA proposes the incorporation by reference of API Std 510, 10th Edition (May 1, 2014): Pressure Vessel Inspection Code: In-Service Inspection, Rating, Repair, and Alteration, including Addendum 1 (May 2017) and Addendum 2 (March 2018), into Sec. Sec. 195.205(b) and 195.432(c) which govern the repair, inspection, and return to service of aboveground hazardous liquid breakout tanks. API Std 510 presents the current state of knowledge and technology applicable to the in- service alteration, inspection, repair, and rerating of steel pressure vessels, as well as the pressure-relieving devices that protect these vessels. The PSRs currently incorporate the 9th edition of this standard, which was published in 2006. PHMSA reviewed the 10th edition of API Std 510 (including its 2017 and 2018 addenda) and noted that it contains editorial changes, revisions to mandatory and non-mandatory provisions, and clarifications regarding existing requirements. In addition, it includes new sections that improve standards that address the monitoring, maintenance, and repair of hazardous liquid breakout tanks. The new sections address management-of-change requirements; new procedures and requirements regarding the deferral of inspection tasks and inspection and repair, recommendation due dates; and creating, establishing, and monitoring integrity operating windows. The 10th edition also adds sections that provide recommendations regarding cyclic service vessels, operator surveillance, organizational inspection audits, and guidance for shell- and tube-heat-exchanger inspections. Finally, the revised standard clarifies that references to undated secondary standards throughout the 10th edition of API Std 510 should be considered references to the most recent editions of these [[Page 52717]] documents, including any amendments thereto. PHMSA reviewed the changes introduced in the 10th edition of API Std 510, as well as its 2017 and 2018 addenda, and expects that they will not adversely affect public safety or environmental protection. Indeed, incorporation of the updated standard could have safety and environmental benefits that would stem from reduced incidents due to improved inspection and repair practices. PHMSA's adoption of the updated standard would replace existing references to API Std 510, 9th Edition (June 1, 2006): Pressure Vessel Inspection Code: In-Service Inspection, Rating, Repair, and Alteration. 5. API Std 2510, 9th Edition (August 2020): Design and Construction of LPG Installations PHMSA proposes the incorporation by reference of API Std 2510, 9th Edition (August 2020): Design and Construction of LPG Installations into Sec. Sec. 195.132(b); 195.205(b); 195.264(b), (e); 195.307(e); 195.428(c); and 195.432(c) which govern the design, construction, operation, inspection, and maintenance of aboveground hazardous liquid breakout tanks. This updated edition of the standard presents the current state of knowledge and technology applicable to the design or construction of facilities that handle or store liquefied petroleum gas at marine or pipeline terminals, natural gas processing plants, petrochemical plants, refineries, and tank farms. The PSRs currently incorporate the 8th edition of this standard, which was published in 2001. PHMSA reviewed API Std 2510 and noted that it contains editorial changes and clarifications regarding existing requirements. These revisions include editorial and formatting updates and the removal of references to other standards. The standard also adds several subsections that include requirements for siting, drainage, vapor dispersion, and instrumentation. Further, the updated standard incorporates language stating that an undated document reference should be considered a reference to the most recent edition of the document, including any amendments. PHMSA reviewed the changes introduced in the 9th edition of API Std 2510 and notes that they would not adversely affect public safety or environmental protection. Incorporation of the updated standard could have safety and environmental benefits that would stem from reduced regulatory confusion regarding competing versions of the same standard, and from the addition of requirements for tank siting, drainage, vapor dispersion, and instrumentation. PHMSA's adoption of the updated standard would replace existing references to API Std 2510, 8th Edition (May 1, 2001): Design and Construction of LPG Installations. API Std 1163, referenced in the proposed amendments, is already approved for the location where it appears and no changes are proposed. B. American Society of Mechanical Engineers 1. ASME B16.40-2019 (February 11, 2019): Manually Operated Thermoplastic Gas Shutoffs and Valves in Gas Distribution Systems PHMSA proposes the incorporation by reference of ASME B16.40-2019 (February 11, 2019): Manually Operated Thermoplastic Gas Shutoffs and Valves in Gas Distribution Systems into Item I of appendix B in part 192. This ASME standard reflects the current state of knowledge and technology applicable to manually operated thermoplastic valves in nominal valve sizes of half an inch through 12 inches in diameter that are intended for use below the ground in thermoplastic fuel-gas distribution mains and service lines. The standard also sets qualification requirements for each basic valve design, as well as for newly manufactured valves. The PSRs currently incorporate by reference the 2008 edition of this standard. PHMSA reviewed two more recent editions--2013 and 2019--and noted that they contain a number of minor editorial changes and clarifications regarding existing requirements. PHMSA's review of the 2013 edition noted that it revises language in Section 6.3.3(b) to correctly refer to the ``Valve Closure Test'' instead of the ``Closure Verification Test'' and to more specifically require testing of all material or design variations for closure elements and/or seat seals for each nominal valve size. Additionally, this version updates language in Mandatory Appendix I to include more modern medium-density polyethylene (PE) pipe and material designation PE2708 instead of 2406 and incorporates other minor editorial corrections and revisions. The more modern designation is consistent with PHMSA regulations. The 2019 edition of this standard retains the changes introduced in the 2013 edition of the standard and adds ASTM F2945: Standard Specification for Polyamide 11 Gas Pressure Pipe, Tubing, and Fittings as the standard specification for polyamide-11 (PA11), a type of plastic material, to Mandatory Appendix II: References. This change resulted in corresponding revisions where PA11 is mentioned in ASME B16.40-2019, including in Section 2.2.1, Subparagraph D of Section 5; the entirety of Section 3.2, which now clarifies the difference between the applicable standards for PE and PA11 valves; and the definition of valve dimensional-ratio equivalents. Additionally, this edition revises Subparagraph F of Section 5 to allow for the substitution of an identifier traceable to the date of manufacture in place of the date. It also revises Section 6.3.3 to more explicitly require manufacturers to perform either a 1,000-hour test at lower listed pressures or a 170- hour test at higher pressures, rather than simply permitting these tests to be used as options. Finally, the standard revises the number scheme of Table 6.3.3-1 and incorporates other minor editorial corrections and revisions. PHMSA reviewed the changes in the 2019 edition of ASME B16.40 and does not expect that they will adversely affect public safety or environmental protection. Indeed, incorporation of the updated standard could have safety and environmental benefits that would stem from reduced regulatory confusion regarding competing versions of the same standard and from providing specific requirements for pressure testing, thereby improving the integrity and operation of belowground, manually operated, thermoplastic valves that are used in thermoplastic fuel-gas distribution mains and service lines. PHMSA's adoption of the updated standard would replace existing references to ASME B16.40-2008 (April 30, 2008): Manually Operated Thermoplastic Gas Shutoffs and Valves in Gas Distribution Systems. 2. ASME B31.4-2019 (November 1, 2019): Pipeline Transportation Systems for Liquids and Slurries PHMSA proposes the incorporation by reference of parts of ASME B31.4-2019 (November 1, 2019): Pipeline Transportation Systems for Liquids and Slurries into Sec. 195.110(a), which governs hazardous liquid pipeline design requirements that pertain to external loads. Section 195.452(h), which governs pipeline integrity management in high consequence areas, is also listed in Sec. 195.3 as a section that incorporates ASME B31.4; however, this reference will be removed in a future rule since it is not mentioned in Sec. 195.452.\4\ ASME B31.4 outlines [[Page 52718]] requirements for liquid pipeline systems, liquid-transporting pipelines, and non-hazardous aqueous-slurry-transporting pipelines. The PSRs currently incorporate the 2006 edition of this standard under a slightly different title: Pipeline Transportation Systems for Liquid Hydrocarbons and Other Liquids. --------------------------------------------------------------------------- \4\ PHMSA proposed the deletion of a stray reference to Sec. 195.452(h) from Sec. 195.3's discussion of ASME B31.4 in a separate NPRM (Docket No. PHMSA-2016-0002; RIN 2137-AF13). 86 FR 3938, 3949 (Jan. 15, 2021). --------------------------------------------------------------------------- PHMSA reviewed ASME B31.4-2019 and noted that a rewrite of Chapter II in the updated standard removes Section 419 of ASME B31.4-2006 and integrates it into Sections 401, 402, and 403. Therefore, PHMSA proposes the incorporation by reference of ASME B31.4-2019 Sections 401 and 402 in their entirety, as well as parts 403.3 and 403.9 of Section 403. This would establish essentially the same design requirements established by ASME B31.4-2006 without incorporating additional design requirements that the updated standard adds into later editions of B31.4, many of which are already included in other parts of 49 CFR part 195. PHMSA reviewed the changes in the 2019 edition of ASME B31.4 and noted that they are consistent with PHMSA regulations and would not adversely affect public safety or environmental protection. Incorporation of the updated standard could have safety and environmental benefits that would stem from reduced regulatory confusion regarding competing versions of the same standard, thereby improving the integrity and operation of hazardous liquid pipelines. PHMSA's adoption of the updated standard would replace existing references to ASME/ANSI B31.4-2006 (October 20, 2006): Pipeline Transportation Systems for Liquid Hydrocarbons and Other Liquids. C. The American Society for Nondestructive Testing 1. ASNT ILI-PQ-2017 (January 1, 2018): In-Line Inspection Personnel Qualification and Certification PHMSA proposes the incorporation by reference of ASNT ILI-PQ-2017 (January 1, 2018): In-line Inspection Personnel Qualification and Certification into Sec. Sec. 192.493 and 195.591 which govern in-line inspection procedures and operator qualifications. This standard applies the current state of data and technology to the qualification and certification of in-line inspection (ILI) personnel whose jobs require specific knowledge of the technical principles of ILI technologies, operations, regulatory requirements, and industry standards that are applicable to pipeline systems. The PSRs currently incorporate the 2010 edition of this standard. PHMSA reviewed ASNT ILI-PQ-2017 and noted that many of the changes from earlier versions are editorial in nature and do not significantly change the standard's requirements. However, the updated standard also includes substantive changes and improvements. Throughout the standard, the word ``ensure'' is changed to ``verify,'' thereby providing additional clarity and certainty for users that they must verify requirements instead of ensuring them. Additionally, the new version of the standard incorporates more detail regarding each of the different examination requirements in Section 8 (which outlines requirements regarding the types of required examinati
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