{"operation":"document","citation":"88 FR 61746","title":"Pipeline Safety: Safety of Gas Distribution Pipelines and Other Pipeline Safety Initiatives","source_type":"rulemaking","agency":"Pipeline and Hazardous Materials Safety Administration","status":"proposed","official":true,"published_on":"2023-09-07","effective_on":null,"summary":"PHMSA proposes revisions to the pipeline safety regulations to require operators of gas distribution pipelines to update their distribution integrity management programs (DIMP), emergency response plans, operations and maintenance manuals, and other safety practices. These proposals implement provisions of the Leonel Rondon Pipeline Safety Act--part of the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020--and a National Transportation Safety Board (NTSB) recommendation directed toward preventing catastrophic incidents resulting from overpressurization of low-pressure gas distribution systems similar to that which occurred on a gas distribution pipeline system in Merrimack Valley on September 13, 2018. PHMSA also proposes to codify use of its State Inspection Calculation Tool, which is used to help states determine the base-level amount of time needed for inspections to maintain an adequate pipeline safety program. Further, PHMSA proposes other pipeline safety initiatives for all part 192-regulated pipelines, including gas transmission and gathering pipelines, such as updating emergency response plans and inspection requirements. Finally, PHMSA proposes to apply annual reporting requirements to small, liquefied petroleum gas (LPG) operators in lieu of DIMP requirements.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-2023-18585.json","markdown":"https://regulus.evalyn.ai/document/federal-register-2023-18585.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-2023-18585","source_url":"https://www.federalregister.gov/documents/2023/09/07/2023-18585/pipeline-safety-safety-of-gas-distribution-pipelines-and-other-pipeline-safety-initiatives","body":"Federal Register, Volume 88 Issue 172 (Thursday, September 7, 2023) [Federal Register Volume 88, Number 172 (Thursday, September 7, 2023)] [Proposed Rules] [Pages 61746-61804] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2023-18585] [[Page 61745]] Vol. 88 Thursday, No. 172 September 7, 2023 Part III Department of Transportation ----------------------------------------------------------------------- Pipeline and Hazardous Materials Safety Administration ----------------------------------------------------------------------- 49 CFR Parts 191, 192, and 198 Pipeline Safety: Safety of Gas Distribution Pipelines and Other Pipeline Safety Initiative; Proposed Rule Federal Register / Vol. 88 , No. 172 / Thursday, September 7, 2023 / Proposed Rules [[Page 61746]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 191, 192, and 198 [Docket No. PHMSA-2021-0046] RIN 2137-AF53 Pipeline Safety: Safety of Gas Distribution Pipelines and Other Pipeline Safety Initiatives AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: PHMSA proposes revisions to the pipeline safety regulations to require operators of gas distribution pipelines to update their distribution integrity management programs (DIMP), emergency response plans, operations and maintenance manuals, and other safety practices. These proposals implement provisions of the Leonel Rondon Pipeline Safety Act--part of the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020--and a National Transportation Safety Board (NTSB) recommendation directed toward preventing catastrophic incidents resulting from overpressurization of low-pressure gas distribution systems similar to that which occurred on a gas distribution pipeline system in Merrimack Valley on September 13, 2018. PHMSA also proposes to codify use of its State Inspection Calculation Tool, which is used to help states determine the base-level amount of time needed for inspections to maintain an adequate pipeline safety program. Further, PHMSA proposes other pipeline safety initiatives for all part 192-regulated pipelines, including gas transmission and gathering pipelines, such as updating emergency response plans and inspection requirements. Finally, PHMSA proposes to apply annual reporting requirements to small, liquefied petroleum gas (LPG) operators in lieu of DIMP requirements. DATES: Individuals interested in submitting written comments on this NPRM must do so by November 6, 2023. ADDRESSES: Comments should reference Docket No. PHMSA-2021-0046 and may be submitted in any of the following ways: 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: DOT Docket Management System: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, between 9:00 a.m. and 5:00 p.m. ET, Monday-Friday, except Federal holidays. Fax: 202-493-2251 Instructions: Include the agency name and identify Docket No. PHMSA-2021-0046 at the beginning of your comments. Note that all comments received will be posted without change to https://www.regulations.gov including any personal information provided. If you submit your comments by mail, submit two copies. If you wish to receive confirmation that PHMSA received your comments, include a self- addressed stamped postcard. 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 NPRM 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 NPRM, 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 the 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 Ashlin Bollacker, 1200 New Jersey Avenue SE, DOT: PHMSA-PHP-30, Washington, DC 20590-0001. Any comment PHMSA receives that is not explicitly designated as CBI will be placed in the public docket. Docket: To access the docket, which contains background documents and any comments that PHMSA has received, go to https://www.regulations.gov . Follow the online instructions for accessing the docket. Alternatively, you may review the documents in person at DOT's Docket Management Office at the address listed above. FOR FURTHER INFORMATION CONTACT: Ashlin Bollacker by phone at 202-680- 8303 or by email at [email protected] . SUPPLEMENTARY INFORMATION: I. Executive Summary A. Purpose of the Regulatory Action B. Summary of the Proposed Regulatory Action C. Costs and Benefits II. Background A. Gas Distribution Systems Overview B. Gas Distribution Configurations C. Merrimack Valley D. Low-pressure Gas Distribution System in South Lawrence E. Gas Main Replacement Project F. Emergency Response to the Merrimack Valley Incident III Recommendations, Advisory Bulletins, and Mandates A. National Transportation Safety Board B. Advisory Bulletins C. Statutory Authority IV. Proposed Amendments A. Distribution Integrity Management Programs (Subpart P) B. State Pipeline Safety Programs (Sections 198.3 and 198.13) C. Emergency Response Plans (Section 192.615) D. Operations and Maintenance Manuals (Section 192.605)-- Overpressurization E. Operations and Maintenance Manuals (Section 192.605)-- Management of Change F. Gas Distribution Recordkeeping Practices (Section 192.638) G. Distribution Pipelines: Presence of Qualified Personnel (Sections 192.640 and 192.605) H. District Regulator Stations--Protections Against Accidental Overpressurization (Sections 192.195 and 192.741) I. Inspection: General (Section 192.305) J. Records: Tests (Sections 192.517 and 192.725) K. Miscellaneous Amendments Pertaining to Part 192--Regulated Gas Gathering Pipelines (Sections 192.3 and 192.9) V. Regulatory Analyses and Notices I. Executive Summary A. Purpose of the Regulatory Action PHMSA proposes a series of revisions to the pipeline safety regulations (49 CFR parts 190-199) in response to congressional mandates and an NTSB recommendation, and to implement lessons learned from a September 13, 2018, incident resulting from the overpressurization of a low-pressure gas distribution pipeline operated by Columbia Gas of Massachusetts (CMA) in the Merrimack Valley. That incident resulted in one fatality, more than 20 people (including three first responders) being hospitalized, damage to approximately 130 structures, and an evacuation request for more than 50,000 [[Page 61747]] residents. PHMSA expects the proposals of this NPRM will address the root causes and aggravating factors contributing to the severity of that incident and help reduce the frequency and consequence of other failure mechanisms on gas distribution pipeline systems. The proposals include improved design standards for low-pressure gas distribution systems; enhanced distribution integrity management program requirements; strengthened recordkeeping, planning, and monitoring practices for maintenance and construction activities on gas distribution systems; and improved emergency response communication and coordination protocols during emergency events for all 49 CFR part 192- regulated gas pipelines.\\1\\ PHMSA also proposes codifying within the pipeline safety regulations its State Inspection Calculation Tool (SICT). The SICT is one of many factors used to help States determine the base-level amount of time needed for administering adequate pipeline safety programs, which PHMSA considers when awarding grants to States supporting those programs. PHMSA anticipates these proposed regulatory amendments will improve public safety, while also reducing threats to the environment (including, but not limited to, reduction of greenhouse gas emissions during incidents on gas pipelines), and promoting environmental justice for minority populations, low-income populations, or other underserved and disadvantaged communities, or others who are particularly likely to live and work near higher-risk gas distribution pipeline systems. --------------------------------------------------------------------------- \\1\\ Part 192--regulated pipelines refers to gas distribution, transmission, and gathering pipelines, as applicable. --------------------------------------------------------------------------- A catalyst for this rulemaking is the 2018 Merrimack Valley incident. The NTSB investigated the cause of this incident and issued a full report on its findings and safety recommendations.\\2\\ The NTSB found the cause to be CMA's weak engineering management that failed to adequately plan and oversee a cast iron main replacement project. Contributing to the incident was CMA's low-pressure gas distribution system that was designed and operated without adequate overpressure protection. The NTSB reviewed other incidents from the past 50 years and found several previous incidents that involved high-pressure gas entering low-pressure gas systems. The NTSB found that a common cause of failure was an overpressure protection design scheme, common on older low-pressure distribution systems, that can be defeated by a single failure mode (e.g., operator error or equipment failure). Currently, low-pressure gas systems are not required to have a device at the service location that would prevent the overpressurization of a customer's piping, fittings, and appliances, a required design feature on high-pressure distribution systems. Instead, overpressure protection on low-pressure distribution systems often is provided by a redundant design scheme (i.e., worker and monitor regulators at the regulator stations). While overpressurizations on distribution pipelines are infrequent, they have the potential to be catastrophic given their location within population centers. As a result of its investigation, the NTSB recommended that PHMSA revise the pipeline safety regulations to address overpressure protection failures like that which occurred on CMA's low-pressure system. --------------------------------------------------------------------------- \\2\\ NTSB, Accident Report PAR-19/02, ``Overpressurization of Natural Gas Distribution System, Explosions, and Fires in Merrimack Valley, Massachusetts, September 13, 2018'' (Sept. 24, 2019), https://www.ntsb.gov/investigations/AccidentReports/Reports/PAR1902.pdf . --------------------------------------------------------------------------- In 2020, the Leonel Rondon Pipeline Safety Act was enacted as sections 202-206 of the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020 (PIPES Act of 2020, Pub. L. N 116-260). The law requires PHMSA to amend its regulations to ensure operators evaluate the risks associated with the presence of cast iron piping and the possibility of overpressurization on gas distribution systems through updates to their distribution integrity management program (DIMP). (49 U.S.C. 60109(e)(7)). The law further requires PHMSA to amend its regulations to ensure operators' emergency response plans include timely communications with first responders, public officials, customers, and the general public. (49 U.S.C. 60102(r)). PHMSA was also directed to amend its regulations to ensure operators' operations and maintenance (O&M) manuals include procedures for responding to overpressurization and a management of change (MOC) process with review and certification by relevant qualified personnel. (49 U.S.C. 60102(s)). PHMSA must also amend its regulations to ensure operators (1) keep ``traceable, reliable, and complete records;'' (2) monitor the gas pressure at district regulator stations during construction; and (3) assess and upgrade their district regulator stations to minimize the risk of overpressurization. (49 U.S.C. 60102(t)). Pursuant to its statutory authority and in furtherance of its mission to protect people and the environment by advancing the safe transportation of energy and other hazardous materials essential to our daily lives, PHMSA proposes in this NPRM a number of regulatory amendments to implement those statutory mandates and NTSB recommendations arising from the 2018 CMA overpressure incident. PHMSA expects the proposed regulatory amendments to reduce the likelihood of another overpressure incident on low-pressure gas distribution systems similar to that which occurred in Merrimack Valley. PHMSA also expects the proposed amendments to reduce the frequency of, as well as public and environmental consequences from, failure mechanisms on gas distribution pipeline systems and other pipeline facilities. Additionally, this rulemaking aligns with the Administration's efforts to improve environmental justice and combat the climate crisis.\\3\\ Older cast-iron or bare-steel gas distribution pipelines--a type of gas distribution pipeline particularly vulnerable to failure and overpressurization--are disproportionately concentrated in older, residential (often urban) areas with large minority, low- income, and other historically underserved and disadvantaged populations.\\4\\ In addition, the reduced frequency and severity of incidents on gas pipelines anticipated from this rulemaking would have the benefit of minimizing the release of greenhouse gases from pipeline incidents--in particular methane--to the atmosphere. --------------------------------------------------------------------------- \\3\\ The White House Office of Domestic Climate Policy, ``U.S. Methane Emissions Reduction Action Plan,'' (Nov. 2021), https://www.whitehouse.gov/wp-content/uploads/2021/11/US-Methane-Emissions-Reduction-Action-Plan-1.pdf . This and other PHMSA rulemakings are identified in the U.S. Methane Emissions Reduction Action Plan as critical elements in the Federal government's efforts to address the climate crisis. Id. at 7-8 (listing PHMSA's Leak Detection and Repair rulemaking (proposed in 88 FR 31890 (May 18, 2023) (Leak Detection NPRM)), its Gas Gathering Final Rule (86 FR 63266 (Nov. 15, 2021)), its Valve Installation and Minimum Rupture Detection Standards Final Rule (87 FR 20940 (Apr. 8, 2022) (Valve Rule)), and its Gas Transmission Pipeline Safety Final Rule (87 FR 52224 (Aug. 24, 2022)). \\4\\ See, e.g., Luna & Nicholas, ``An Environmental Justice Analysis of Distribution-Level Natural Gas Leaks in Massachusetts, USA,'' 162 Energy Policy 112778 (Mar. 2022); Weller et al., ``Environmental Injustices of Leaks from Urban Natural Gas Distribution Systems: Patterns Among and Within 13 U.S. Metro Areas,'' Environ. Sci & Tech. (May 11, 2022). --------------------------------------------------------------------------- The proposed rule is consistent with the goals of a new grant program established by the Bipartisan Infrastructure Law (BIL, enacted as the Infrastructure Investment and Jobs Act, Pub. L. 117-58). The new grant program, PHMSA's first ever Natural Gas Distribution Infrastructure Safety [[Page 61748]] and Modernization grant program, authorizes $200 million a year in grant funding with a total of $1 billion in grant funding over the next five years. The grant funding is to be made available to a municipality or community owned utility (not including for-profit entities) to repair, rehabilitate, or replace its natural gas distribution pipeline systems or portions thereof or to acquire equipment to (1) reduce incidents and fatalities and (2) to avoid economic losses. The new grant program authorized by BIL can, however, address only part of the universe of at-risk distribution pipeline systems. While the grant program would assist eligible entities who receive funding in making needed repairs to their pipeline systems, PHMSA's proposal would go further in ensuring that all gas distribution and other part-192 regulated operators improve and maintain the safety of their systems and reduce the risk of public safety impacts and environmental damage from incidents on their pipeline systems. B. Summary of the Proposed Regulatory Action In this rulemaking, PHMSA proposes amendments to 49 CFR parts 191, 192, and 198. PHMSA also proposes compliance deadlines for each of the NPRM's regulatory amendments. 1. Clarifications and Updates to DIMP Plans--Part 192, Subpart P. Pursuant to 49 U.S.C. 60109(e)(7), PHMSA proposes several revisions to its DIMP regulations at 49 CFR part 192, subpart P. PHMSA further proposes that, subject to certain exceptions at Sec. 192.1003, all gas distribution pipeline operators--including service lines--would need to update their DIMP plans in conformity with the amended requirements no later than one year after the publication of any final rule in this proceeding. First, PHMSA proposes to require all operators of gas distribution pipeline systems identify and minimize the risks to their systems from specific threats in their DIMP. These specific threats, where applicable, include: (1) the presence of certain materials, such as cast iron and other piping with known issues; (2) overpressurization of low-pressure systems; and (3) extreme weather and other geohazards. Operators must also consider the effect of age on those specific threats faced by a distribution pipeline. For operators of low-pressure gas distribution systems, PHMSA proposes that, when evaluating and ranking the above and other threats identified in their DIMP plans, operators must evaluate risks from: (1) abnormal operating conditions; and (2) potential consequences associated with low-probability events. If an operator can demonstrate through a documented engineering analysis, or an equivalent analysis incorporating operational knowledge, that no potential consequences are associated with a particular low-probability event, and therefore no potential risk exists, then the operator must notify PHMSA and state regulatory authorities of that determination within 30 days. Additionally, as part of the proposal to implement measures to minimize the risk of overpressurization, PHMSA would require operators of low- pressure distribution systems to identify, maintain, and obtain pressure control records. PHMSA would also require operators to identify and implement preventive and mitigative measures based on the unique characteristics of their system. If operators choose to implement measures to minimize the risk of an overpressurization on a low-pressure system, then they must notify PHMSA and state regulatory authorities no later than 90 days in advance of implementing any alternative measures. As an alternative to implementing such preventive and mitigative measures, operators could choose to upgrade their systems to meet new proposed design requirements applicable to new systems. PHMSA is also proposing to omit operators of a liquefied petroleum gas (LPG) distribution pipeline system that serves fewer than 100 customers (small LPG operators) from the DIMP requirements. Based on recommendations from the National Association of Pipeline Safety Representatives (NAPSR), a National Academies of Science (NAS) study, and PHMSA's incident data, current DIMP requirements do not provide a safety benefit warranting the compliance burdens those requirements impose on small LPG operators and the administrative burdens placed on PHMSA and state regulatory authorities. Instead, PHMSA proposes to add a requirement for small LPG operators to complete an annual report providing data that would support PHMSA's regulatory oversight of the safety of those facilities. 2. Codifying in Regulation the Use of the State Inspection Calculation Tool--Sec. Sec. 198.3 and 198.13. Consistent with 49 U.S.C. 60105(b) and 60105 note, PHMSA will update the SICT and proposes to revise its regulations to require that states use the SICT when ensuring an adequate number of safety inspectors are employed in their pipeline safety programs.\\5\\ States would have to comply with these proposed changes no later than the next SICT update immediately following the effective date of any final rule in this proceeding. PHMSA proposes amendments to 49 CFR part 198 that would codify in regulation the SICT's use and define the terms ``State Inspection Calculation Tool'' and ``inspection person-days'' for the purposes of 49 CFR part 198. --------------------------------------------------------------------------- \\5\\ The SICT can be accessed on the PHMSA Portal by authorized users. --------------------------------------------------------------------------- 3. Updates to Emergency Response Communications--Sec. 192.615. Pursuant to 49 U.S.C. 60102(a), PHMSA proposes a series of updates to its emergency response plan requirements that will be applicable to all operators of part 192-regulated gas pipelines. PHMSA also proposes certain emergency response plan requirements specific to gas distribution pipeline operators pursuant to 49 U.S.C. 60102(r). Unless a different compliance timeline is specified below, operators would need to update their emergency response plans in conformity with those amended requirements no later than one year after the publication of any final rule in this proceeding. For all gas pipeline operators, PHMSA proposes to expand the existing list of pipeline emergencies in its regulations at Sec. 192.615 for which operators must have procedures ensuring prompt and effective response by adding emergencies involving a release of gas that results in a fatality, as well as any other emergency deemed significant by the operator. In the event of a release of gas resulting in one or more fatalities, all operators must also immediately and directly notify emergency response officials upon receiving notice of the same. For distribution pipeline operators only, PHMSA's proposed expansion of the list of emergencies discussed above will also include the unintentional release of gas and shutdown of gas service to 50 or more customers (or 50 percent of its customers if it has fewer than 100 total customers); operators would need to immediately and directly notify emergency response officials on receiving notice of the same. PHMSA also proposes regulatory amendments requiring gas distribution operators to update their emergency response plans to improve communications with the public during an emergency. First, PHMSA proposes to require gas distribution operators to establish and maintain communications with the general public as soon as practicable during an emergency. Second, PHMSA proposes to require gas [[Page 61749]] distribution pipeline operators to develop and implement, no later than 18 months after the publication of any final rule in this proceeding, an opt-in system to keep their customers informed of the safety status of pipelines in their communities should an emergency occur. PHMSA also seeks comment on whether it should require gas distribution operators to develop and implement emergency response procedures in accordance with incident command system (ICS) tools and practices. PHMSA also invites comment on the technical feasibility, practicability, and cost of immediate emergency notifications to customers via electronic text message or via a cellular phone application (``app'')--including both opt-in and opt-out notification approaches. 4. Updates to Operations and Maintenance Procedural Manuals--Sec. 192.605. Pursuant to 49 U.S.C. 60102(s), PHMSA also proposes a series of amendments to operations and maintenance (O&M) procedure manuals in Sec. 192.605 that would require all gas distribution operators to implement within one year of the publication of any final rule issued in this proceeding. First, PHMSA proposes to require that operators of all gas distribution pipelines update their O&M procedures to account for the risk of overpressurization. PHMSA would require operators to have procedures for identifying and responding to overpressurization indications, including the specific actions and sequence of actions an operator would carry out to immediately reduce pressure or shut down portions of the gas distribution system, if necessary. PHMSA proposes that these O&M procedures would also describe investigating, responding to, and correcting the cause(s) of overpressurization indications. Second, and again pursuant to 49 U.S.C. 60102(s), PHMSA proposes to require that operators of gas distribution pipelines develop and follow an MOC process when (1) installing, modifying, replacing, or upgrading regulators, pressure monitoring locations, or overpressure protection devices; (2) modifying alarm setpoints or upper or lower trigger limits on monitoring equipment; (3) introducing new technologies for overpressure protection into the system; (4) revising, changing, or introducing new standard operating procedures for design, construction, installation, maintenance, and emergency response; and (5) making any other changes that could impact the integrity or safety of a gas distribution system. Should any of these changes that an operator makes introduce a public safety hazard into the operator's gas distribution system, PHMSA proposes that the operator must identify, analyze, and control these hazards before resuming operations. As part of the MOC process, PHMSA also proposes to require that gas distribution operators ensure qualified personnel review and certify construction plans associated with installations, modifications, replacements, or upgrades for accuracy and completeness, before the work begins. This amendment would ensure that qualified personnel--who are competently trained and experienced to identify system design and process deficiencies on gas distribution pipeline systems--provide oversight during the planning of those activities. 5. New Recordkeeping Requirements--Sec. 192.638. Pursuant to 49 U.S.C. 60102(t)(1), PHMSA proposes that all gas distribution pipeline operators identify and maintain traceable, verifiable, and complete maps and records documenting the characteristics of their systems that are critical to ensuring proper pressure controls for their gas distribution pipeline systems and to ensure that those records are accessible to anyone performing or supervising design, construction, and maintenance activities on their systems. PHMSA proposes to specify that these required records include (1) the maps, location, and schematics related to underground piping, regulators, valves, and control lines; (2) regulator set points, design capacity, and valve- failure mode (open/closed); (3) the system's overpressure protection configuration; and (4) any other records deemed critical by the operator. PHMSA proposes to require that the operator maintain these integrity-critical records for the life of the pipeline because these records are critical to the safe operation and pressure control of a gas distribution system. Operators would need to comply with this new requirement within one year of the publication of any final rule in this proceeding. If an operator does not have traceable, verifiable, and complete records as contemplated by this new requirement, then the operator must (1) identify and document which records they need, and (2) develop and implement procedures for generating or collecting those records, to include procedures for ensuring the generation or collection of those records. PHMSA also proposes that operators update these records on an opportunistic basis (i.e., through normal operations, maintenance, and emergency response activities). PHMSA expects that many gas distribution pipeline operators already have these records. Where they do not, these amendments would help to ensure that gas distribution pipeline operators improve the completeness and accuracy of their records. This amendment will also help to improve pipeline safety by ensuring operators provide appropriate personnel--such as qualified employees responsible for planning construction activities--with better, more complete, and more accurate records. 6. Monitoring of Gas Systems by Qualified Personnel--Sec. 192.640. Pursuant to 49 U.S.C. 60102(t)(2), PHMSA proposes that, where operators of gas distribution pipelines do not have the capability to remotely monitor pressure and either remotely or automatically shut off the gas flow at district regulator stations, operators must have qualified personnel on site to monitor certain construction projects so that they can prevent or respond to an overpressurization at a district regulatory station during those construction activities that have been determined to involve potential for such an event. Accordingly, PHMSA proposes requirements for all gas distribution operators to evaluate their construction projects to identify activities that could result in an overpressurization event at a district regulator station. If the operator identifies a potential for overpressurization due to a construction project, then the operator must ensure that at least one qualified employee or contractor is present during those activities that could result in a potential threat of overpressurization of the system. That qualified personnel would be responsible for monitoring the gas pressure in the affected portion of a gas distribution system and for promptly shutting off the gas flow to control an overpressurization event on the system. PHMSA is also proposing that operators must provide those qualified personnel with the location of all critical shutoff valves, pressure control records, and stop-work authority (unless prohibited by operator procedures) as well as the emergency response procedures, including the contact information of appropriate emergency response personnel. PHMSA proposes that gas distribution pipeline operators would need to comply with these requirements beginning one year after the publication of any final rule in this proceeding. 7. Requirements for New Regulator Stations--Sec. Sec. 192.195 and 192.741. Pursuant to 49 U.S.C. 60102(t)(3), PHMSA proposes to require that [[Page 61750]] operators design new regulator stations on low-pressure distribution systems so there are redundant technologies installed to avoid or mitigate overpressurizations. Specifically, PHMSA proposes that all gas distribution operators, beginning one year after the publication of any final rule in this proceeding, equip all new, replaced, relocated, or otherwise changed district regulator stations serving low-pressure gas distribution systems with at least two methods of overpressure protection (such as a relief valve, monitoring regulator, automatic shutoff valve, or some combination thereof) that is appropriate for the configuration and siting of the station. Additionally, PHMSA proposes that operators minimize the risks from an overpressurization of a low- pressure system caused by a single event (such as excavation damage, natural forces, equipment failure, or incorrect operations) that either immediately or over time affects the safe operation of more than one overpressure protection device. PHMSA also proposes to require that operators of low-pressure gas distribution systems monitor the outlet gas pressure at or near the district regulator station on such systems using a device capable of real-time notification to the operator of overpressurization. Low- pressure gas distribution operators are already required to have devices such as telemetering or recording gauges that record the gas pressure on their systems. However, some of these devices are not designed with the ability to provide real-time notification, and there is no explicit requirement that those devices be located near the district regulator station. 8. Construction Inspections for Gas Transmission Pipelines and Distribution Mains--Sec. 192.305. PHMSA proposes to amend Sec. 192.305 to lift the indefinite stay of a regulatory amendment to that provision that had been introduced within a final rule issued on March 11, 2015.\\6\\ --------------------------------------------------------------------------- \\6\\ ``Pipeline Safety: Miscellaneous Changes to Pipeline Safety Regulations,'' 80 FR 12762, 12779 (Mar. 11, 2015). PHMSA indefinitely stayed Sec. 192.305 in response to a petition for reconsideration. See ``Pipeline Safety: Miscellaneous Changes to Pipeline Safety Regulations: Response to Petitions for Reconsideration,'' 80 FR 58633, 58634 (Sept. 30, 2015). --------------------------------------------------------------------------- PHMSA also proposes an exception from this provision's inspection requirements for small gas distribution pipeline operators who would not be able to comply with the construction inspection requirement without using a third-party inspector. These regulatory amendments would, beginning one year after the publication of any final rule issued in this proceeding, apply to all other gas distribution pipelines operators; all gas transmission, all offshore gas gathering, and Type A gas gathering pipelines, and certain Types B and C gathering pipelines (specifically, those that are new, replaced, relocated, or otherwise changed). 9. Test Records--Clarification for Tests on Gas Distribution Systems--Sec. Sec. 192.517 and 192.725. PHMSA proposes to amend Sec. 192.517 to specifically identify the information that operators must record for tests performed on new, replaced, or relocated gas distribution pipelines and to ensure such records are available to operator personnel throughout the life of the pipeline. PHMSA proposes to amend Sec. 192.725 to clarify that each disconnected service line must be tested in the same manner as a new, replaced, or relocated service line--that is, tested in accordance with 49 CFR part 192, subpart J--before being reinstated. PHMSA proposes to require that gas distribution operators comply with these amended testing recordkeeping requirements in connection with gas distribution pipelines that are new, replaced, or relocated beginning one year after the publication of any final rule in this proceeding. 10. Annual Reporting--Sec. 191.11. PHMSA proposes to add or expand annual reporting requirements for operators of gas distribution pipeline systems, including small LPG operators. For gas distribution pipelines, PHMSA proposes to collect additional information, such as the number and miles of low-pressure service lines, including their overpressure protection methods. For small LPG operators, these annual reports will collect information on the number and miles of service lines, and the disposition of any leaks. These proposed amendments will not apply to master meter systems, petroleum gas systems excepted from 49 CFR part 192 in accordance with Sec. 192.1(b)(5), or individual service lines directly connected to production pipelines or gathering pipelines, other than a regulated gathering pipeline, as determined in Sec. 192.8. PHMSA proposes that operators would need to comply with the above changes to annual reporting requirements beginning with the first annual reporting cycle after the effective date of any final rule issued in this proceeding. 11. Miscellaneous Amendments Pertaining to Part 192--Regulated Gas Gathering Pipelines--Sec. Sec. 192.3 and 192.9. Following a decision by the U.S. Court of Appeals for the District of Columbia Circuit in litigation challenging application of requirements of PHMSA's April 2022 Valve Rule to gas and hazardous liquid gathering pipelines,\\7\\ PHMSA issued a technical correction to the April 2022 Valve Rule codifying that decision.\\8\\ PHMSA now proposes removal of certain exceptions introduced in the Technical Correction to restore, with respect to certain part 192-regulated gas gathering pipelines, application of specific regulatory amendments from the Valve Rule pertaining certain definitions (Sec. 192.3) as well as--by way of removal of exceptions within the regulatory cross-references at Sec. 192.9--emergency planning and response (Sec. 192.615) and protocols for notifications of potential ruptures (Sec. 192.635). --------------------------------------------------------------------------- \\7\\ GPA Midstream Ass'n v. Dep't of Transp., 67 F.4th 1188 (D.C. Cir. 2023). \\8\\ ``Pipeline Safety: Requirement of Valve Installation and Minimum Rupture Detection Standards: Technical Corrections,'' 88 FR 50056 (Aug. 1, 2023). --------------------------------------------------------------------------- C. Costs and Benefits Consistent with 49 U.S.C. 60102(b) and Executive Order 12866 ``Regulatory Planning and Review,'' as amended by Executive Order 14094 ``Modernizing Regulatory Review'', PHMSA has prepared an assessment of the benefits and costs of the proposed rule as well as reasonable alternatives.\\9\\ PHMSA expects that the rulemaking will yield significant public safety benefits associated with reduced frequency and severity of incidents similar to that which occurred in 2018 in Merrimack Valley, which resulted in a number of adverse consequences described in Section I.A. of this NPRM, as well as approximately $1.7 billion in property damage, lost gas, claims, other mitigation costs, and the social cost of methane emissions. PHMSA also expects that the proposed rule will yield other, unquantified benefits, which include improvements in risk reduction for pipeline leaks and incidents; reduced consequences from all incidents and emergencies; improved enforcement and oversight procedures; advanced safety measures and communications; avoided emissions; improved public confidence in the safety of gas pipeline systems; and associated environmental enhancements for populations, including those in historically disadvantaged areas. Cost savings reflect the removal of some requirements for small LPG operators. The costs of the proposed rule are attributed to new requirements and [[Page 61751]] updates to operators' DIMPs, emergency response plans, operations and maintenance procedures, monitoring and inspection protocols, and other reporting and record-keeping proposals. The provisions include a range of proposals for primarily gas distribution operators, along with some proposals for other gathering and transmission operators. --------------------------------------------------------------------------- \\9\\ 88 FR 21879 (Apr. 6, 2023); 58 FR 51735 (Oct. 4, 1993). --------------------------------------------------------------------------- PHMSA estimates the annualized costs of the proposed rule to be approximately $110 million per year at a 3 percent discount rate. In Table ES-1, below, PHMSA provides a summary of the estimated costs for the major provisions in this rulemaking and the total cost. For the full cost/benefit analysis and additional details on the summaries, please see the preliminary regulatory impact analysis (PRIA) in Docket No. PHMSA-2021-0046. Table ES-1--Total Annualized Costs [Millions, 2020$] ------------------------------------------------------------------------ 3% 7% Proposed rule requirement discount discount rate rate ------------------------------------------------------------------------ DIMP.....................","truncated":true,"body_characters":459173}