{"operation":"document","citation":"88 FR 31890","title":"Pipeline Safety: Gas Pipeline Leak Detection and Repair","source_type":"rulemaking","agency":"Pipeline and Hazardous Materials Safety Administration","status":"proposed","official":true,"published_on":"2023-05-18","effective_on":null,"summary":"PHMSA proposes regulatory amendments that implement congressional mandates in the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020 to reduce methane emissions from new and existing gas transmission pipelines, distribution pipelines, regulated (Types A, B, C and offshore) gas gathering pipelines, underground natural gas storage facilities, and liquefied natural gas facilities. Among the proposed amendments for part 192- regulated gas pipelines are strengthened leakage survey and patrolling requirements; performance standards for advanced leak detection programs; leak grading and repair criteria with mandatory repair timelines; requirements for mitigation of emissions from blowdowns; pressure relief device design, configuration, and maintenance requirements; and clarified requirements for investigating failures. Finally, PHMSA proposes expanded reporting requirements for operators of all gas pipeline facilities within DOT's jurisdiction, including underground natural gas storage facilities and liquefied natural gas facilities.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-2023-09918.json","markdown":"https://regulus.evalyn.ai/document/federal-register-2023-09918.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-2023-09918","source_url":"https://www.federalregister.gov/documents/2023/05/18/2023-09918/pipeline-safety-gas-pipeline-leak-detection-and-repair","body":"Federal Register, Volume 88 Issue 96 (Thursday, May 18, 2023) [Federal Register Volume 88, Number 96 (Thursday, May 18, 2023)] [Proposed Rules] [Pages 31890-31979] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2023-09918] [[Page 31889]] Vol. 88 Thursday, No. 96 May 18, 2023 Part III Department of Transportation ----------------------------------------------------------------------- Pipeline and Hazardous Materials Safety Administration ----------------------------------------------------------------------- 49 CFR Parts 191, 192, and 193 Pipeline Safety: Gas Pipeline Leak Detection and Repair; Proposed Rule Federal Register / Vol. 88, No. 96 / Thursday, May 18, 2023 / Proposed Rules [[Page 31890]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 191, 192, and 193 [Docket No. PHMSA-2021-0039] RIN 2137-AF51 Pipeline Safety: Gas Pipeline Leak Detection and Repair AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: PHMSA proposes regulatory amendments that implement congressional mandates in the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020 to reduce methane emissions from new and existing gas transmission pipelines, distribution pipelines, regulated (Types A, B, C and offshore) gas gathering pipelines, underground natural gas storage facilities, and liquefied natural gas facilities. Among the proposed amendments for part 192- regulated gas pipelines are strengthened leakage survey and patrolling requirements; performance standards for advanced leak detection programs; leak grading and repair criteria with mandatory repair timelines; requirements for mitigation of emissions from blowdowns; pressure relief device design, configuration, and maintenance requirements; and clarified requirements for investigating failures. Finally, PHMSA proposes expanded reporting requirements for operators of all gas pipeline facilities within DOT's jurisdiction, including underground natural gas storage facilities and liquefied natural gas facilities. DATES: Written comments on this NPRM must be submitted by July 17, 2023. The agency will, consistent with 49 CFR 190.323, consider late- filed comments to the extent practicable. ADDRESSES: You may submit comments identified by the docket number PHMSA-2021-0039 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 Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery: U.S. DOT Docket Management System, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Fax: 1-202-493-2251. Instructions: Please include the docket number PHMSA-2021-0039 at the beginning of your comments. If you submit your comments by mail, submit two copies. If you wish to receive confirmation that PHMSA has received your comments, include a self-addressed stamped postcard. Internet users may submit comments at https://www.regulations.gov/ . Note: Comments are posted without changes or edits to https://www.regulations.gov , including any personal information provided. There is a privacy statement published on https://www.regulations.gov . Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov , as described in the system of records notice (DOT/ALL-14 FDMS), that can be reviewed at 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 (FOIA, 5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this document 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 CFR 190.343, you may ask PHMSA to give 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, along with the original document, a second copy of the original document with the CBI deleted; and (3) explain why the information you are submitting is CBI. Submissions containing CBI should be sent to Sayler Palabrica, Office of Pipeline Safety (PHP-30), Pipeline and Hazardous Materials Safety Administration (PHMSA), 2nd Floor, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, or by email at [email protected] . Any commentary PHMSA receives that is not specifically designated as CBI will be placed in the public docket. Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov . Follow the online instructions for accessing the docket. Alternatively, you may review the documents in person at the street address listed above. FOR FURTHER INFORMATION CONTACT: Sayler Palabrica, Transportation Specialist, by telephone at 202-744-0825 or by email at [email protected] . SUPPLEMENTARY INFORMATION: I. Executive Summary A. Purpose of Regulatory Action B. Summary of the Major Regulatory Provisions C. Costs and Benefits II. Background A. The Urgency of Methane Emissions Reductions in Confronting the Climate Crisis B. Dimensions of the Climate Crisis C. Methane Emissions From Gas Pipeline Facilities D. The Need for Updating PHMSA Regulations To Incorporate Advanced Leak Detection Programs To Reduce Unintentional Releases From Gas Pipelines E. The Limits of PHMSA Regulation and State and Operator Initiatives in Reducing Intentional Methane Releases From Gas Pipeline Facilities III. Federal Efforts To Address Climate Change by Reducing Methane Emissions A. The PIPES Act of 2020 B. Administration Efforts Confronting the Climate Crisis C. PHMSA Implementation of the PIPES Act of 2020 IV. Summary of Proposals A. Leakage Survey and Patrol Frequencies and Methodologies B. Advanced Leak Detection Programs C. Leak Grading and Repair D. Qualification of Leakage Survey, Investigation, and Repair Personnel E. Reporting and National Pipeline Mapping System F. Mitigating Vented and Emissions From Gas Pipeline Facilities G. Design, Configuration, and Maintenance of Pressure Relief Devices H. Investigation of Failures I. Type B and Type C Gathering Pipelines J. Miscellaneous Changes in Parts 191 and 192 to Reflect Codification in Federal Regulation of the Congressional Mandate To Address Environmental Hazards of Leaks From Gas Pipelines V. Section-by-Section Analysis VI. Regulatory Analyses and Notices I. Executive Summary A. Purpose of Regulatory Action This notice of proposed rulemaking (NPRM) proposes a series of regulatory [[Page 31891]] amendments to the Federal pipeline safety regulations (49 CFR parts 190 through 199) in response to a bipartisan congressional mandate in the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020 (PIPES Act of 2020, Pub. L. 116-260) and in support of the Biden- Harris Administration's U.S. Methane Emissions Reduction Action Plan. The amendments would reduce both ``fugitive emissions'' (meaning unintentional emissions resulting from leaks and equipment failures) and ``vented emissions'' (meaning those emissions resulting from blowdowns, equipment design features, and other intentional releases, also called ``intentional emissions'') from over 2.7 million miles of gas transmission, distribution, and gathering pipelines and other gas pipeline facilities as well as 403 underground natural gas storage facilities (UNGSFs) and 165 liquefied natural gas (LNG) facilities, thereby improving public safety, promoting environmental justice, and addressing the climate crisis. The Federal pipeline safety regulations currently covering leak detection and repair reflect a regulatory approach focused on public safety risks posed by incidents on gas pipeline facilities. The regulations do not sufficiently capture environmental costs, align with the importance attached to environmental protection in PHMSA's enabling statutes,\\1\\ or reflect the scientific consensus that prompt reductions in methane emissions from natural gas infrastructure are critical to limiting the impacts of climate change. This current approach also foregoes opportunities to ensure timely identification and repair of leaks that can degrade into catastrophic failures and incidents threatening to public safety. The Federal leak detection and repair standards for gas pipelines have remained largely unchanged since the 1970s despite significant improvements in leak detection technology and operator practices and the increasingly urgent and tangible threats from climate change. The current pipeline safety regulations do not include any meaningful performance standards for leak detection equipment, nor requirements that leverage the significant advancements in the sensitivity, efficiency, and variety of leak detection technologies in the last five decades. Further, the current pipeline safety regulations do not explicitly require repair of all--or even most--leaks on gas pipeline facilities. Leaks that an operator determines do not to present an existing or probable public safety hazard do not need to be repaired at all regardless of the resulting environmental harms posed by that release. Current regulations also do not prescribe specific timeframes for the timely repair of hazardous or any other leaks, other than leaks associated with certain metal loss, cracking, and denting defects that are discovered on gas transmission piping during an integrity assessment in accordance with gas transmission integrity management in subpart O of 49 CFR part 192 or Sec. 192.714. Additionally, despite a new self-executing section of the PIPES Act of 2020, described below, current regulations tolerate significant intentional emissions of methane and other gases, even in non-emergency situations, by allowing venting, blowdowns, and other large-volume releases of gas from all PHMSA-jurisdictional pipeline facilities without restriction. Consistent with the pipeline safety regulations' historical lack of emphasis on the environmental consequences of gas releases, PHMSA's minimum incident reporting threshold was established principally to better reflect the economic consequence of lost gas \\2\\ and was set at 3 million standard cubic feet (MMCF), which leaves many large-volume gas releases unreported. And PHMSA has no reporting requirements for intentional releases of gas at all. --------------------------------------------------------------------------- \\1\\ 49 U.S.C. 60102(b)(1)(B)(ii), 60102(b)(2)(A)(iii), 60102(b)(5), 60102(q)(1)(B), 60102(q)(2)(B)(i). \\2\\ Prior to the adoption of the volumetric incident criterion, the cost of lost gas was included in the property damage calculation. In the NPRM that proposed the adoption of a volumetric threshold, PHMSA described both a petition from the Interstate Natural Gas Association of America noting that more incidents were reportable due to changes in the cost of gas, as well as a GAO recommendation (GAO-06-946) to adjust the incident reporting criteria to account for the cost of lost gas. That NPRM did not identify environmental considerations among the motivations for that change in incident reporting requirements. See 74 FR 31675, 31677 (July 2, 2009). --------------------------------------------------------------------------- Congress targeted these regulatory shortcomings in the bipartisan PIPES Act of 2020. Section 113 mandated that PHMSA establish performance standards for leak detection and repair programs for certain part 192-regulated \\3\\ gas gathering, transmission, and distribution operators reflecting commercially available advanced technology and practices for the identification, location, categorization, and repair of all leaks that are hazardous to public safety or the environment. Section 114 of the PIPES Act of 2020, moreover, requires operators of all pipeline facilities with maintenance and inspection procedures to update pertinent manuals to address the elimination of hazardous leaks and minimize releases of natural gas--whether fugitive emissions from leaks or intentional releases due to venting from maintenance and other activities--and repair or remediate pipelines known to leak. And section 118 of the PIPES Act of 2020 clarified that PHMSA must consider environmental benefits equally with public safety benefits. The mandates in the PIPES Act of 2020 align with the importance of addressing climate change by reducing methane emissions. --------------------------------------------------------------------------- \\3\\ Throughout this NPRM, PHMSA uses the phrase ``part 192- regulated gas gathering pipelines'' to refer to offshore gas gathering pipelines, as well as Types A, B, and C ``regulated onshore gas gathering'' pipelines--all of which are subject to certain part 192 requirements under Sec. Sec. 192.8 and 192.9. Such ``part 192-regulated gas gathering pipelines'' does not include ``reporting-regulated'' or ``Type R'' gas gathering pipelines as defined in Sec. Sec. 191.3 and 192.8(c)(3), which are not subject to part 192 safety requirements. Similarly, PHMSA also refers to ``part 192-regulated gas pipelines'' to collectively refer to gas transmission, distribution, offshore gathering, and Types A, B, and C onshore gathering pipelines subject to part 192 requirements. ``Gas pipeline facilities'' is defined as ``a pipeline, a right of way, a facility, a building, or equipment used in transporting gas or treating gas during its transportation''--this broader definition applies to all part 192-regulated gas pipelines, UNGSFs, and part 193-regulated LNG facilities. See 49 U.S.C. 60101(a)(3). --------------------------------------------------------------------------- PHMSA proposes a number of regulatory revisions to minimize emissions of methane and other (flammable, toxic, or corrosive) gases from, and improve public safety of, new and existing offshore gas gathering, regulated onshore gas gathering, transmission and distribution pipelines, UNGSFs and LNG facilities. PHMSA expects that the proposed regulatory amendments would yield prompt and meaningful reduction of methane emissions, a key contributor to climate change; improve public safety; and mitigate the disproportionate burden of those environmental and safety risks historically placed on minority, low-income, or other underserved and disadvantaged populations and communities. B. Summary of the Regulatory Provisions This NPRM contains the following proposed changes to the regulations: (1) strengthen leakage survey and patrolling requirements at Sec. Sec. 192.9, 192.705, 192.706, 192.723 for all part 192- regulated gas pipelines, as well as introduce periodic methane leakage survey requirements for part 193-regulated LNG facilities; (2) introduce for all part 192-regulated gas pipelines an Advanced Leak Detection Program (ALDP) performance standard at a new Sec. 192.763 reflecting the capabilities of [[Page 31892]] commercially available advanced technologies and practices; (3) amend Sec. 192.703 to require operators of all part 192-regulated gas pipelines to grade and repair all leaks, and not merely those that pose public safety risks; (4) establish for all part 192-regulated gas pipelines minimum criteria for leak grades and associated repair schedules prioritized by safety and environmental hazard at a new Sec. 192.760; (5) require reductions in intentional sources of methane emissions by minimizing releases associated with blowdowns and other vented emissions from gas transmission, offshore gas gathering, and Type A gas gathering pipelines (at Sec. 192.770) and LNG facilities (at Sec. 193.2523); (6) require operators of certain part 192- regulated gas pipelines to reduce emissions associated with the design, configuration, and maintenance of pressure relief devices (Sec. Sec. 192.199 and 192.773); (7) codify in Federal regulations a congressional requirement for operators of gas pipeline facilities to implement written procedures to eliminate hazardous leaks, minimize releases of natural gas, and remediate or replace pipelines known to leak (Sec. Sec. 192.9, 192.12, 192.605, 193.2503, and 193.2605); (8) expand reporting requirements (at Sec. Sec. 191.3 and 191.19) and recordkeeping requirements (at Sec. Sec. 192.760 and 192.773) to provide higher-quality information on unintentional and intentional gas releases from gas pipeline facilities; (9) require that Types A, B, and C gathering pipeline operators submit geospatial pipeline location data to the National Pipeline Mapping System (NPMS) pursuant to Sec. 191.29; (10) incorporate explicit reference to environmental harm among the ``hazards'' addressed in certain parts 191 and 192 requirements; and (11) introduce, for certain components and equipment within part 193-regulated LNG facilities, at a new Sec. 193.2624, requirements for periodic methane leakage surveys using leak detection equipment and repair of identified leaks pursuant to operators' written maintenance or abnormal operations procedures. PHMSA proposes an effective date for this rulemaking of 6 months following publication of a final rule in the Federal Register. The eleven proposed requirements are described in the paragraphs immediately below, and further detail is provided in sections IV and V. First, PHMSA proposes increased leakage survey frequencies for distribution pipelines outside of business districts,\\4\\ annual leakage surveys for distribution pipelines that lack cathodic protection or which are known to leak based on their material (cast-iron, cathodically unprotected steel, wrought-iron, and certain plastic pipelines), design, or operational and maintenance history; and for gas transmission, offshore gathering, and Types A, B, and C gathering pipelines in high consequence areas (HCAs), with the most frequent leakage surveys to be performed on gas transmission and Types A and B gathering pipelines located in HCAs within Class 4 locations. PHMSA also proposes to increase minimum patrolling frequencies for gas transmission, offshore gathering, and Type A gathering pipelines and to introduce requirements for annual patrolling of Type B and Type C gathering pipelines. Finally, PHMSA proposes to establish methane leakage survey requirements for LNG facilities other than tanks. --------------------------------------------------------------------------- \\4\\ The term ``business district'' is not defined in part 192. However, in a letter of interpretation PHMSA stated that the term normally refers to an area ``associated with the assembly of people in shops, offices and the like,'' marked by the conduct of ``buying and selling commodities and services, and related transactions.'' See PHMSA, Interpretation Response Letter No. PI-72-038 (Aug. 16, 1972). --------------------------------------------------------------------------- Second, PHMSA proposes to introduce an ALDP performance standard that would require operators of part 192-regulated gas pipelines to demonstrate, by conducting engineering tests and analyses, that their suite of leak detection equipment, procedures, and analytics are capable of detecting all leaks above a minimum concentration threshold when measured in close proximity to the pipeline. PHMSA proposes to require that leakage surveys be performed using commercially available advanced technology and practices consistent with the proposed ALDP performance standard. PHMSA also proposes to require a minimum sensitivity for leak detection equipment used in leakage surveys and leak investigations. PHMSA proposes to limit the use of human or animal senses for leakage surveys to offshore, submerged gas transmission and gathering pipelines. Human senses may also be used for gas transmission and regulated gas gathering lines in Class 1 and Class 2 locations outside of HCAs, but only with prior notification to and no objection from PHMSA in accordance with Sec. 192.18. Third, PHMSA proposes to require operators of gas transmission, distribution, and part 192-regulated gathering pipelines to identify, locate, classify, and repair in a timely manner all leaks. Part 192 provisions governing the repair of leaks are narrowly focused on public safety risks associated with ignition of large-volume, instantaneous releases and accumulated gas; they are unclear regarding when, if at all, most leaks must be repaired. Although some--not all--part 192- regulated pipelines are subject to a general maintenance requirement in Sec. 192.703(c) to ``promptly repair hazardous leaks,'' part 192 maintenance requirements neither define ``hazardous leak'' in terms of risks to the environment nor establish meaningful timelines for repair of hazardous or any other leaks. These proposed amendments would address the section 113 mandate of the PIPES Act of 2020 requiring identification, location, classification, and repair of leaks hazardous to either public safety or the environment. Fourth, this NPRM proposes that operators of gas transmission, distribution, and part 192-regulated gathering pipelines must classify and repair all identified leaks on a schedule that depends on the severity of public safety and environmental risks. PHMSA's proposed requirements build on the tiered framework of the Gas Piping Technology Committee (GPTC) ``Guide for Gas Transmission and Distribution Piping Systems'' \\5\\ leak grading and repair criteria. PHMSA's proposed framework would require the classification of every leak (as either grade 1, grade 2, or grade 3) and to prioritize remediation of leaks posing the most significant risks to public safety or the environment. --------------------------------------------------------------------------- \\5\\ Gas Piping Technology Committee Z380, ANSI GPTC Z380.1-2022, ``The Guide for Gas Transmission, Distribution, and Gathering Piping Systems'' Including Addenda 1 and 2 (2022). --------------------------------------------------------------------------- Fifth, PHMSA proposes requirements for the mitigation of intentional emissions such as blowdowns on gas transmission, offshore gas gathering, and Type A gas gathering pipelines and LNG facilities. This proposal requires an operator to choose from among prescribed, proven, cost-effective mitigation measures when performing blowdowns related to operations, maintenance, or construction. Sixth, PHMSA proposes requirements for operators of gas transmission, distribution, offshore gathering, and Types A, B, and C gathering pipelines to design and configure all new and modified pressure relief and limiting devices to minimize unnecessary releases and to assess and remediate any relief devices that operate outside of the tolerances established in the operator's procedures. These proposed [[Page 31893]] requirements would minimize unintended and unnecessary releases of gas to the atmosphere, better protecting against environmental and public safety hazards posed by malfunctioning or poorly designed and configured pressure relief devices. Seventh, PHMSA proposes to codify in regulation self-executing requirements from section 114 of the PIPES Act of 2020, which obliges operators of gas pipeline facilities to have written procedures that address the elimination of hazardous leaks, minimize releases of natural gas, and provide for repair or replacement of pipelines known to leak based on material, design, or past operating and maintenance histories. These changes would support PHMSA's cooperation with states undertaking inspection and enforcement activity in connection with those requirements. Eighth, this NPRM proposes a series of changes to part 191 reporting requirements. PHMSA proposes to introduce requirements for reporting large-volume releases of gas from all gas pipeline facilities, including intentional releases, that are not currently captured by the definition of an incident in part 191. Specifically, this NPRM proposes to create a report for both unintentional releases and, for the first time, intentional releases of 1 MMCF or more of gas from any gas pipeline facility. PHMSA also proposes revisions to annual reporting requirements for gas transmission, distribution, offshore gathering, and Types A, B, and C gathering pipelines to convey information regarding the number and grade of all leaks detected and repaired each calendar year as well as estimated emissions from those leaks. Ninth, this NPRM further proposes to extend NPMS reporting requirements at Sec. 191.29 to offshore gas gathering pipelines as well as Types A, B, and C onshore gas gathering pipelines. Tenth, this NPRM proposes incorporation of explicit reference to environmental harm among the ``hazards'' addressed in certain part 191 and 192 requirements, consistent with section 118 of the PIPES Act of 2020. PHMSA's proposed expansion of the concept of ``hazards'' to encompass environmental harms would not extend to integrity management (IM) regulations in part 192, subparts O (gas distribution pipelines) and P (gas transmission pipelines), which would remain focused on safety, and certain other existing requirements directed at hazards to public safety in particular (described in detail in section IV.J). Finally, this NPRM proposes a new Sec. 193.2624 that would oblige operators of part 193-regulated LNG facilities to perform quarterly methane leakage surveys of non-tank equipment and components within an LNG facility using leak detection equipment satisfying the minimum 5 parts per million (ppm) sensitivity proposed elsewhere within this NPRM. Operators would also need to repair any leaks identified in a manner and on a schedule consistent with their maintenance or abnormal operations procedures. PHMSA also proposes conforming changes to annual report forms for LNG facilities to ensure meaningful reporting of methane leaks discovered and repaired pursuant to the proposed Sec. 193.2624. C. Costs and Benefits Consistent with Executive Order (E.O.) 12866 and the requirements of the Federal Pipeline Safety Laws,\\6\\ PHMSA has prepared an assessment of the benefits and costs (to include pertinent commercial benefits, public safety benefits, environmental benefits, equity benefits, compliance costs, and other risks) of this proposed rule, as well as reasonable alternatives. PHMSA estimates that emission reductions under the proposed rule correspond to approximately 72 percent of unintentional emissions from regulated gathering pipelines, 17 percent of unintentional emissions from transmission pipelines, and 44 to 62 percent of unintentional emissions from distribution pipelines. These shares are relative to modeled baseline emissions projected over the period of analysis based on the pipeline mileage, empirical emission factors, and existing survey and repair practices. Further, PHMSA estimates that the total avoided blowdown emissions under the proposed rule correspond to approximately 43 percent of baseline blowdown emissions. PHMSA estimates that the proposed rule would result in monetized net benefits between $341 to $1,440 million per year using a 3 percent discount rate. PHMSA also anticipates additional unquantified benefits to public safety and the environment, each discussed throughout this NPRM and its supporting documents (including the Preliminary Regulatory Impact Analysis (RIA) and draft Environmental Assessment (EA), each available in the docket for this NPRM). --------------------------------------------------------------------------- \\6\\ 49 U.S.C. 60101 et seq. (Federal Pipeline Safety Laws). The specific provision referenced in the above discussion is 49 U.S.C. 60102(b)(5). --------------------------------------------------------------------------- The regulatory amendments proposed in this NPRM are expected to improve public safety, reduce threats to the environment (including, but not limited to, reduction of methane emissions contributing to the climate crisis), and promote environmental justice for minority populations, low-income populations, and other underserved and disadvantaged communities. Additionally, reducing product losses results in cost savings for natural gas shippers and consumers and improves the efficiency and reliability of U.S. energy infrastructure. PHMSA expects that each of the elements of this rulemaking as proposed in this NPRM would be technically feasible, reasonable, cost-effective, and practicable because of the public safety, environmental, and equity benefits of the proposed regulatory amendments described in this NPRM and its supporting documents (including the Preliminary RIA and draft EA) which justify any associated costs. PHMSA has preliminarily determined that the proposed rule is superior to alternatives considered in the Preliminary RIA. II. Background A. The Urgency of Methane Emissions Reductions in Confronting the Climate Crisis The primary component of natural gas is methane (CH 4 ). Methane is a greenhouse gas, or GHG, which means that its concentration in the atmosphere affects the climate and temperature of the Earth by trapping heat in the atmosphere. Methane is released from both natural and anthropogenic sources, the latter of which includes leaks and other releases from natural gas pipeline systems. Methane is the second most abundant anthropogenic GHG in the Earth's atmosphere, after carbon dioxide (CO 2 ), by concentration and accounts for the second- greatest contribution to total radiative forcing (warming effect).\\7\\ The Environmental Protection Agency (EPA) calculated that methane made up approximately 11 percent (by mass of CO 2 equivalents) of the annual GHG emissions in 2019 within the United States, whereas carbon dioxide made up 79 percent of the total GHG emissions over the same period.\\8\\ According to the 2021 installment of the Sixth Assessment Report (2021 IPCC Report) from Working Group I of the Intergovernmental Panel on Climate Change (IPCC), the atmospheric concentration of methane gas was [[Page 31894]] measured at 1,866 parts per billion (ppb), compared with 410 ppm of carbon dioxide.\\9\\ --------------------------------------------------------------------------- \\7\\ National Oceanic and Atmospheric Administration (NOAA), ``Annual Greenhouse Gas Index'' at Figure 3 & Table 2 (Spring 2022), https://gml.noaa.gov/aggi/aggi.html . \\8\\ EPA, ``Overview of Greenhouse Gases,'' https://www.epa.gov/ghgemissions/overview-greenhouse-gases#methane (last accessed December 5, 2022). \\9\\ IPCC, Climate Change 2021: The Physical Science Basis. Contribution of Working Group I to the Sixth Assessment Report of the Intergovernmental Panel on Climate Change, Summary for Policymakers (SPM)-5 (2021). In the 2021 IPCC Report, atmospheric concentration of CH 4 since 1984 (1980 for CO 2 ) is based on merging observed gas concentration in the lower troposphere from the NOAA Global Monitoring Laboratory and the Advanced Global Atmospheric Gases Experiment monitoring networks. Emissions in 1850 and earlier are estimated based on assessments of multiple ice cores. 2021 IPCC Report, Table 2.2 and Table AIII.1a. --------------------------------------------------------------------------- However, this comparatively small concentration of methane in the atmosphere makes an outsized contribution to climate change. The 2021 IPCC Report notes that anthropogenic methane emissions account for approximately one-third of warming of global average surface temperatures attributed to well-mixed GHG \\10\\ emissions since 1850.\\11\\ The IPCC also noted that in 2019, atmospheric CH 4 concentrations were higher than at any time in 800,000 years, and that ``strong, rapid and sustained reductions in CH 4 emissions'' would be needed to offset short-term warming effects.\\12\\ --------------------------------------------------------------------------- \\10\\ According to the IPCC, well-mixed GHGs include CO 2 , N 2 O, and CH 4. 2021 IPCC Report, 2.2. These gases ``generally have lifetimes of more than several years'' and therefore are relatively uniformly distributed within the troposphere (lower-atmosphere). 2021 IPCC Report, 2.2.3. \\11\\ 2021 IPCC Report, SPM-8. \\12\\ 2021 IPCC Report, SPM-9, SPM-36. --------------------------------------------------------------------------- Once emitted into the atmosphere, some GHGs can persist in the atmosphere for a long time. Carbon dioxide, for instance, remains in the atmosphere for 300 to 1000 years.\\13\\ Methane, on the other hand, is more short-lived than CO 2 but is much more potent in trapping heat in the atmosphere. Methane only lasts in the atmosphere for approximately 12 years once released; however, it traps approximately 25 times more energy than an equal mass of carbon dioxide over a 100-year period.\\14\\ Because methane is a more potent, but more short-lived, GHG compared to carbon dioxide, reducing methane emissions would have a more rapid and significant effect on reducing heat- trapping potential of the atmosphere than an equivalent reduction in carbon dioxide and would therefore result in a greater effect on climate change mitigation in the short term.\\15\\ --------------------------------------------------------------------------- \\13\\ Buis, ``The Atmosphere: Getting a Handle on Carbon Dioxide'' (Oct. 9, 2019). \\14\\ EPA, ``Overview of Greenhouse Gases,'' https://www.epa.gov/ghgemissions/overview-greenhouse-gases (last accessed July 20, 2022). \\15\\ EPA, ``Importance of Methane,'' https://www.epa.gov/gmi/importance-methane (last accessed July 20, 2022). --------------------------------------------------------------------------- Authoritative scientific projections underscore the need for achieving a prompt reduction in methane emissions. The 2021 IPCC Report concluded that urgent action to reduce emissions across all GHG categories is necessary to minimize global warming and avoid the most destructive effects of climate change.\\16\\ The report details five possible future emissions and warming scenarios: two high emissions scenarios (SSP3-7.0 and SSP5-8.5), an intermediate scenario with emissions similar to the status quo through mid-century (SSP2-4.5), and two relatively low-emissions scenarios (SSP1-1.9 and SSP1-2.6). Of these, only the two low-emissions scenarios are likely to hold temperature increases below the Paris Agreement's target of limiting the increase in global average surface temperature to 2.0 [deg]C above 1850 levels by the end of the century,\\17\\ and only the very low- emissions scenario (SSP1-1.9) is likely to limit warming to 1.5 [deg]C by the end of the century (specifically, between 1.0 [deg] to 1.8 [deg]C above 1850 levels, consistent with the Paris Agreement). Both of those low-emissions scenarios require cutting methane emissions by approximately half of 2015 levels before 2050.\\18\\ Rapid and full-scale efforts to reduce methane and other GHG emissions are needed to achieve the very low-emissions scenario (SSP1-1.9).\\19\\ In contrast, the intermediate scenario (SSP2-4.5) results in potentially dangerous warming of 2.0 [deg]C by midcentury, rising to between 2.1 [deg] to 3.5 [deg]C by 2100. --------------------------------------------------------------------------- \\16\\ PHMSA acknowledges much of the discussion in section II and elsewhere in this NPRM is focused on methane emissions from natural gas pipeline facilities, as those facilities constitute the great majority of gas pipeline facilities subject to parts 191 and 192. However, PHMSA parts 191 and 192 requirements are not limited to natural gas pipelines; rather, they also apply to pipeline facilities transporting other gases which are flammable, toxic, or corrosive--releases of which may entail significant public safety or environmental consequences (including potential contributions to climate change) in their own right. See Sec. Sec. 191.3 and 192.3 (definitions of ``gas'' for the purposes of parts 191 and 192, respectively). \\17\\ 2021 IPCC Report, 1.2. \\18\\ 2021 IPCC Report, SPM-16, Table SPM.1. \\19\\ 2021 IPCC Report, Table SPM.1. --------------------------------------------------------------------------- B. Dimensions of the Climate Crisis Near-term methane emissions reductions are especially compelling because global climate change is already causing observable, damaging effects on the environment. The 2021 IPCC Report shows that the environmental and social consequences of climate change are no longer abstract, distant problems: scientists note increased surface temperature, extreme weather events, rising sea levels, and other consequences are being felt today and predict those effects will intensify in the coming decades without immediate action to control GHG emissions to avoid or stave off the worst effects of climate change. Higher average surface temperatures will result in sea level rise, severe heat waves, and more intense extreme weather events (hurricanes, storms, droughts, and floods), in turn altering water supplies, damaging habitats, and promoting wildfires. According to the findings from the 3rd and 4th National Climate Assessment Reports released by the U.S. Global Change Research Program,\\20\\ these dimensions of climate change will have severe consequences for the human population throughout the United States including alteration of population distributions; widespread property damage; compromised local economies; disrupted agriculture, fisheries, and other ecosystems; and degraded public health. --------------------------------------------------------------------------- \\20\\ See U.S. Global Change Research Program, Climate Science Special Report: Fourth National Climate Assessment, Volume I (2017); U.S. Global Change Research Program, Climate Change Impacts in the United States: The Third National Climate Assessment (2014). --------------------------------------------------------------------------- The most immediate impact of climate change worldwide has been, and will continue to be, an increase in average surface temperatures. The average global surface temperature during 2021 was 1.51 degrees Fahrenheit (0.84 degrees Celsius) warmer than the average temperature in the 20th century (57.0 degrees Fahrenheit) and was 1.87 degrees Fahrenheit (1.04 degrees Celsius) warmer than the average temperature between 1880-1900, which NOAA describes as a ``reasonable surrogate for pre-industrial conditions.'' \\21\\ That observed surface temperature increase has resulted in cascading consequences for the natural world already; as more GHGs are added to the atmosphere, the rate of warming is expected to continue to accelerate. --------------------------------------------------------------------------- \\21\\ See NOAA National Centers for Environmental Information, Monthly Global Climate Report for Annual 2021 (Jan. 2022), https://www.ncei.noaa.gov/news/global-climate-202112 . --------------------------------------------------------------------------- Increasing the average surface temperature of the Earth changes the frequency and intensity of extreme temperature events. Higher average surface temper","truncated":true,"body_characters":689706}