{"operation":"document","citation":"89 FR 33264","title":"Pipeline Safety: Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments","source_type":"rulemaking","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-04-29","effective_on":"2024-06-28","summary":"PHMSA is amending the Federal pipeline safety regulations (PSRs) to incorporate by reference all or parts of more than 20 new or updated voluntary, consensus industry technical standards. This action allows pipeline operators to use current technologies, improved materials, and updated industry and management practices. Additionally, PHMSA is clarifying certain regulatory provisions and making several editorial corrections.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-2024-08624.json","markdown":"https://regulus.evalyn.ai/document/federal-register-2024-08624.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-2024-08624","source_url":"https://www.federalregister.gov/documents/2024/04/29/2024-08624/pipeline-safety-periodic-updates-of-regulatory-references-to-technical-standards-and-miscellaneous","body":"Federal Register, Volume 89 Issue 83 (Monday, April 29, 2024) [Federal Register Volume 89, Number 83 (Monday, April 29, 2024)] [Rules and Regulations] [Pages 33264-33284] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2024-08624] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 192, and 195 [Docket No. PHMSA-2016-0002; Amdt. Nos. 192-135, 195-107] RIN 2137-AF13 Pipeline Safety: Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: PHMSA is amending the Federal pipeline safety regulations (PSRs) to incorporate by reference all or parts of more than 20 new or updated voluntary, consensus industry technical [[Page 33265]] standards. This action allows pipeline operators to use current technologies, improved materials, and updated industry and management practices. Additionally, PHMSA is clarifying certain regulatory provisions and making several editorial corrections. DATES: The effective date of this final rule is June 28, 2024. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of June 28, 2024. FOR FURTHER INFORMATION CONTACT: Technical Information: Rod Seeley by phone at 281 513-1741 or by email at [email protected] . Regulatory Information: Brianna Wilson by phone at 771-215-0969 or by email at [email protected] . SUPPLEMENTARY INFORMATION: I. Background II. Notice of Proposed Rulemaking III. Pipeline Advisory Committee Meetings IV. Summary of Comments, GPAC/LPAC Discussion, and PHMSA Response V. Summary of Final Rule VI. Regulatory Analyses and Notices I. Background A. Purpose of This Rule This final rule incorporates by reference more than 20 new or updated voluntary, consensus industry technical standards (updated industry standards) within the PSRs (49 Code of Federal Regulation (CFR) parts 190-199). These updated standards will maintain or improve public safety and environmental protection, prevent regulatory confusion, reduce compliance burdens on stakeholders, and satisfy a mandate in the National Technology Transfer and Advancement Act (NTTAA) of 1995 (15 United States Code (U.S.C.) 272 (note)) directing 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 industry standards by reference into the PSRs; however, many standards become outdated over time as new editions become available. By updating these standards, PHMSA ensures better alignment of the PSRs with the latest innovations in operational and management practices, materials, testing, and technological advancements; enhances compliance by avoiding conflict between different versions of the same industry standards; and facilitates safety-focused allocation of resources by pipeline operators. PHMSA consequently concludes that each of the updated standards in this final rule will either maintain or enhance the protection of public safety and the environment--including avoidance of greenhouse gas emissions in the form of methane releases from gas pipelines. PHMSA further concludes that each of the final rule's updated standards are technically feasible, reasonable, cost-effective, and practicable because of their respective anticipated commercial, public safety, and environmental benefits; and because the benefits better support PHMSA's safety and environmental priorities compared to alternatives, thereby justifying any associated compliance costs. B. History of Incorporation by Reference The Office of Management and Budget (OMB) sets the policy for Federal use and development of voluntary, consensus industry technical 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 were 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 IBR 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), available at: https://www.whitehouse.gov/wp-content/uploads/2017/11/Circular-119-1.pdf . --------------------------------------------------------------------------- PHMSA has incorporated more than 80 industry standards by reference into the PSRs. The lists of publications that PHMSA has incorporated into parts 192 (which regulates the transportation of gas by pipeline) and 195 (which regulates the transportation of hazardous liquids and carbon dioxide by pipeline) are found in Sec. Sec. 192.7 and 195.3, respectively. Previous rules that incorporated updated industry 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)).\\2\\ --------------------------------------------------------------------------- \\2\\ PHMSA is also pursuing another periodic standards update rulemaking (under RIN2137-AF48) in parallel with issuance of this final rule. See PHMSA, ``Pipeline Safety: Periodic Standards Update II--Proposed Rule,'' 87 FR 52713 (Aug. 29, 2022). --------------------------------------------------------------------------- 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 two to five 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 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 25 domestic 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 the Agency's safety and environmental priorities are considered, and to avoid the need to develop separate, government-unique standards. PHMSA also regularly reviews updated editions of currently referenced industry 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 and operational practices, testing, and other innovations. The adoption of more recent editions of industry 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 [[Page 33266]] environmental protection. PHMSA reviewed the updated standards discussed in this final rule and finds them appropriate for IBR within the PSRs. C. 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, 49 U.S.C. 60102(p), as amended), ``the Secretary may not issue a regulation pursuant to this chapter that incorporates 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 every Federal agency to ``[d]iscuss, 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[.]'' \\3\\ --------------------------------------------------------------------------- \\3\\ Office of the Federal Register, ``Incorporation by Reference--Final Rule,'' 79 FR 66267 (Nov. 7, 2014). --------------------------------------------------------------------------- PHMSA consequently has negotiated agreements to make viewable copies of the standards available to the public at no cost with all but two of the SDOs whose updated standards PHMSA now incorporates by reference in the PSRs in this final rule. The organizations that agreed to the public access requirements of the statutory mandate discussed above are: the American Petroleum Institute (API), the American Gas Association (AGA), ASTM International (formerly the American Society for Testing and Materials), the Gas Technology Institute (GTI), the Manufacturers Standardization Society of the Valve and Fittings Industry, Inc. (MSS), the Association for Materials Protection and Performance (AMPP), the National Fire Protection Association (NFPA), and the Plastics Pipe Institute (PPI).\\4\\ Each organization's mailing address and website is listed in 49 CFR parts 192 and 195. As of the date of publication of this final rule, PHMSA was not able to reach a general agreement with the American Society of Mechanical Engineers (ASME) to make the standards readily available online as ASME relies heavily on the revenue the standards generate.\\5\\ Individuals and organizations may temporarily access the ASME standards incorporated by reference in this final rule, as well as any other standard in this final rule 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. --------------------------------------------------------------------------- \\4\\ ASTM updates some of its more widely used standards every year, and sometimes SDOs publish multiple editions of a standard in a given year. NACE International and the Society for Protective Coatings merged to form AMPP, which is why NACE standards are listed under AMPP. \\5\\ At the joint October 2021 GPAC/LPAC meeting, the committees raised concerns regarding the availability of ASME standards. The committees recommended PHMSA work with the pipeline advisory committees and other pipeline safety representatives to establish an agreement with ASME to provide viewable copies of the standards incorporated by reference in the PSRs permanently available on the internet for free to the general public. Joint Gas and Liquid Pipeline Advisory Committee Meeting Transcript, Docket No. PHMSA- 2021-0069-0005 at 86:2-11, (Oct. 21, 2021) (Joint GPAC/LPAC Transcript). --------------------------------------------------------------------------- The API standards incorporated in this final rule are available from the following website: https://publications.api.org/IBR-Documents-Under-Consideration.aspx . The ASTM standards incorporated in this final rule are available from the following website: https://www.astm.org/products-services/reading-room.html . The MSS standards incorporated in this final rule are available from the following website: https://ibr.ansi.org/standards/mss.aspx . The AMPP: NACE standards incorporated in this final rule are available from the following website: https://ibr.ansi.org/Standards/nace.aspx . Finally, the NFPA standards incorporated in this final rule are available from the following website: https://www.nfpa.org/Codes-and-Standards/All-Codes-and-Standards/List-of-Codes-and-Standards . In addition, the ASME standards incorporated in this final rule are available by contacting PHMSA at the following email address: [email protected] . Additional information regarding standards availability can be found at https://www.phmsa.dot.gov/standards-rulemaking/pipeline/standards-incorporated-reference . II. Notice of Proposed Rulemaking On January 15, 2021, PHMSA published a notice of proposed rulemaking to incorporate by reference new or updated editions of voluntary, consensus industry technical standards into the PSRs.\\6\\ PHMSA proposed to incorporate by reference all or parts of more than 20 updated industry standards and make editorial corrections to certain regulations. The NPRM described with respect to each proposed industry standard (1) the provisions within the PSR in which it is incorporated by reference; (2) how each such standard contributed to pipeline safety or environmental protection; and (3) if the standard was an update to a standard previously incorporated by reference in the PSR, any material changes between the previous version of that industry standard and the updated version proposed for incorporation in the PSR. PHMSA requested comment from the public, state pipeline safety regulators, and other stakeholders, and considered this input when drafting the final version of this rule. --------------------------------------------------------------------------- \\6\\ PHMSA, ``Pipeline Safety: Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments-- Proposed Rule,'' 86 FR 3938 (Jan. 15, 2021) (NPRM). --------------------------------------------------------------------------- III. Pipeline Advisory Committee Meeting On October 20 and 21, 2021, PHMSA discussed the NPRM with the Technical Pipeline Safety Standards Committee (also known as the Gas Pipeline Advisory Committee (GPAC)), and the Technical Hazardous Liquid Pipeline Safety Standards Committee (also known as the Liquid Pipeline Advisory Committee (LPAC)). These committees are statutorily mandated advisory committees that, respectively, advise PHMSA on proposed gas and hazardous liquid (including carbon dioxide) pipeline facility regulatory amendments and associated risk assessments.\\7\\ These committees are comprised of equal representation from the government, industry, and the general public. The members of these committees review standards proposed in an NPRM for incorporation within the PSRs for cost-effectiveness, reasonableness, practicability, and technical feasibility, and provide recommendations that PHMSA considers in adopting this or any other final rule. --------------------------------------------------------------------------- \\7\\ PHMSA established these committees in accordance with its enabling statute (49 U.S.C. 60115) and the Federal Advisory Committee Act (5 U.S.C. App. 2, as amended), its implementing regulations (41 CFR parts 101-106), and DOT policies (Department of Transportation (DOT) Order 1120.3C). --------------------------------------------------------------------------- The Joint GPAC/LPAC Transcript from that meeting and all presentation materials are available both in the docket for the rulemaking and on the web page that PHMSA created for the meeting.\\8\\ Additional information [[Page 33267]] regarding the GPAC and LPAC recommendations on the NPRM may be found in section IV below. --------------------------------------------------------------------------- \\8\\ Gas Pipeline Advisory Committee (GPAC) and Liquid Pipeline Advisory Committee (LPAC) Meeting (Oct. 21, 2021), available at: https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=156 . --------------------------------------------------------------------------- IV. Summary of Comments, GPAC/LPAC Discussion, and PHMSA Response On January 15, 2021, PHMSA published the NPRM proposing to incorporate by reference all or parts of more than 20 new or revised consensus standards and to make several miscellaneous editorial or technical amendments. The comment period for the NPRM ended on March 16, 2021. PHMSA received 10 comments on the NPRM, including five late-filed comments.\\9\\ Pursuant to 49 CFR 190.323, PHMSA considered late-filed comments along with timely-received comments, as PHMSA's consideration of those late-filed was practicable in that their review did not add additional expense or delay to PHMSA's issuance of this final rule. The commenters on the NPRM who filed before the joint GPAC/LPAC meeting are as follows: Aaron Adamczyk; the Alyeska Pipeline Service Company; an anonymous commenter; the American Fuel & Petrochemical Manufacturers; the American Petroleum Institute; ASME; the National Propane Gas Association; and a joint comment from a number of organizations, hereafter referred to as ``the Associations'' (the American Petroleum Institute, Interstate Natural Gas Association of America (INGAA), GPA Midstream Association, American Gas Association, and American Public Gas Association). The commenters on the NPRM who filed after the joint GPAC/LPAC meeting are as follows: a joint comment from the American Gas Association, American Petroleum Institute, American Public Gas Association, GPA Midstream Association, and Interstate Natural Gas Association of America (collectively ``AAAGI''), and a joint comment from Association of Oil Pipelines, American Petroleum Institute, and GPA Midstream Association (collectively ``AAG''). --------------------------------------------------------------------------- \\9\\ Two of the five late-filed comments were submitted after the October 2022 joint GPAC/LPAC meeting. Comments in Response to the PHMSA Public Meeting, PHMSA-2021-0069-0006 (Nov. 16, 2021); Comments on the Oct. 2021 Joint Gas and Liquid Pipeline Advisory Committee Meeting, PHMSA-2021-0069-0008 (Nov. 22, 2021). --------------------------------------------------------------------------- PHMSA discusses below comments received from stakeholders (in written comments or during the GPAC/LPAC meeting) on a handful of specific industry standards and editorial and technical corrections proposed by the NPRM for incorporation in the PSRs. In connection with those and any other industry standards, technical corrections, and editorial corrections proposed in the NPRM, PHMSA incorporates by reference within this final rule its NPRM discussions of those proposed regulatory amendments--including but not limited to, its description in the NPRM of the content of any updated standards and corrections, and the safety and environmental benefits anticipated from those amendments. After evaluating its preliminary assessments of those proposed regulatory amendments against stakeholder comments discussed below, as well as pertinent discussion during and recommendations of the GPAC/LPAC, PHMSA concludes that adoption of its proposed regulatory amendments (as modified below) will better align the PSRs with the latest innovations in operational and management practices, materials, testing, and technological advancements; enhance compliance by avoiding conflict between different versions of the same industry standards; and facilitate safety-focused allocation of resources by pipeline operators. PHMSA therefore concludes that the each of the amendments to the PSR adopted in this final rule are technically feasible, cost- effective, reasonable, and practicable in light of their respective anticipated commercial, public safety, and environmental benefits that justify any associated compliance costs. A. Stakeholder Comments and GPAC/LPAC Discussion PHMSA received a number of comments generally supportive of its proposed IBR of updated industry standards and codification of technical and editorial corrections, with several comments calling on PHMSA to update the standards referenced in the PSRs more frequently than historical practice. A number of other comments PHMSA received on the NPRM or during the GPAC/LPAC meeting concerned retroactive application of the proposed updated industry standards; compliance timelines; minor editorial corrections to the PSR or the NPRM's proposed regulatory amendments; as well as some matters that were outside of the scope of this rulemaking. PHMSA received one comment on the NPRM from the Alyeska Pipeline Service Company regarding the proposed IBR of an updated version of API Spec 6D.\\10\\ API Spec 6D, whose 23rd edition is currently incorporated by reference in Sec. Sec. 192.145 and 195.116, defines the design, manufacturing, assembly, testing, and documentation requirements for valves used in pipeline systems. The 24th edition of API Spec 6D includes several clarifications, safety improvements, and editorial revisions, including clarified bore tolerance specifications for full- opening valves; new procedures for installers when no minimum bore tolerances are listed in the specification; and updates specifying that calibration intervals should not exceed one year. Alyeska recommended that PHMSA should, when incorporating by reference the 24th edition of API Spec 6D, include allowances for legacy designs that incorporate flanged valves with intermediate design pressures since the 24th edition of API Spec 6D prohibits designing flanged valves with intermediate pressure ratings. Alyeska stated that that its own flange connections exceed ASME B16.47 \\11\\--but not API Spec 6D--because they ``us[e] special bolting dimensions as an extra safety measure not required.'' Because of this, they stated that PHMSA's safety concerns regarding installing lower-pressure-rated valves motivating its proposed IBR of the updated version of API Spec 6D would not apply to its pipeline facilities. PHMSA notes, however, that the updated version of API Spec 6D will not apply retroactively; it will apply only to the design, installation, or construction of valves as they are new, replaced, relocated, or otherwise changed. --------------------------------------------------------------------------- \\10\\ API Specification 6D, ``Specification for Pipeline and Piping Valves,'' 24th edition (Aug. 2014) (API Spec 6D). \\11\\ ASME B16.47, ``Large Diameter Steel Flanges: NPS 26 through NPS 60, Metric/Inch Standard'' (2020). --------------------------------------------------------------------------- Additionally, the Associations' joint comment requested that PHMSA continue to allow operators to install pipe that is compliant with the 45th edition of API Spec 5L until January 1, 2022, since the 46th edition of API Spec 5L PHMSA proposed to IBR in the NPRM is relatively recent and thus the supply chain is not yet fully stocked with the compliant materials.\\12\\ API Spec 5L is the primary manufacturing specification for seamless and welded steel pipe used in gas, hazardous liquid, and carbon dioxide pipeline transportation systems. This comment also requested that PHMSA continue to allow operators to install flanges that are compliant with the 2019 edition of MSS SP-44 \\13\\ until January 1, 2022. PHMSA [[Page 33268]] notes that the date the Associations anticipate the supply chain will be stocked with compliant materials has passed; because this final rule is publishing nearly two years after the projected date, PHMSA understands that there is no need for a delayed compliance date unique to its adoption of an updated version of API Spec 5L. --------------------------------------------------------------------------- \\12\\ API Specification (Spec) 5L, ``Specification for Line Pipe,'' 45th edition (July 2013); API Specification (Spec) 5L, ``Specification for Line Pipe,'' 46th edition (Apr. 2018) (API Spec 5L). \\13\\ MSS SP-44-2019, Standard Practice, ``Steel Pipeline Flanges'' (Apr. 2020) (MSS SP-44). --------------------------------------------------------------------------- PHMSA also received comments that were inapplicable for a variety of reasons. Some of those comments were inapplicable because they assumed potential application to existing pipeline facilities of updated voluntary industry standards that would be incorporated by reference within design, testing, or installation standards that are subject to the statutory retroactivity prohibition at 49 U.S.C. 60104(b). The retroactivity prohibition restricts the application of certain new standards to an existing pipeline facility unless that pipeline facility is new, replaced, relocated, or changed. Other comments were inapplicable because this final rule did not publish before alternative compliance dates proposed by the comments. Further, many of the comments that PHMSA received were outside of the scope of this rulemaking as defined by the proposals in the NPRM. For example, the Associations' joint comment requested that PHMSA incorporate by reference a number of updated voluntary, consensus industry technical standards not proposed in the NPRM, including the following: API Recommended Practice (RP) 1181 (to implement section 109 of the Protecting Our Infrastructure of Pipelines and Enhancing Safety Act of 2020 (Pub. L. 116-260)); the second edition of API RP 80 (to enhance operators' understanding and compliance with safety requirements); Addendum 2 to the 12th edition of API Standard (Std.) 620 Errata 1 to the 13th edition of API Std. 650; and a more recent edition of API Std. 653.\\14\\ Although PHMSA is considering incorporating these standards for inclusion in the future in a separate rulemaking after evaluation, it declines to adopt those standards in this rulemaking without providing the public an opportunity to review and comment upon those standards. One exception is PHMSA's incorporation of Errata 1 (January 2021) to the 13th edition of API Std. 650 since the errata only contains editorial changes. PHMSA is also incorporating errata to each of API Spec 6D (Errata 10, July 2021) and the 5th edition of API 2350 (Errata 1, April 2021) since they also only contain technical edits. PHMSA further notes that, pursuant to Sec. 190.331, any interested person (including the Associations) may petition PHMSA to establish, amend, or repeal a substantive regulation, to include the IBR of updated voluntary industry standards. --------------------------------------------------------------------------- \\14\\ For more information on these standards, please see the Associations' joint comment. Comment from API et al., Docket No. PHMSA-2016-0002-0005 (March 15, 2021). --------------------------------------------------------------------------- The Associations' joint comment also asked PHMSA to correct an allegedly erroneous reference to API RP 1130 in Sec. 195.3(b)(7).\\15\\ The joint comment specified that the PSRs currently reference the third edition of API RP 1130 while the most recent edition of API RP 1130 is the first edition. PHMSA has reviewed the history of API RP 1130 and its incorporation into the PSRs and determined that the reference in Sec. 195.3(b)(7) is correct. On January 5, 2015, PHMSA replaced the second edition of API 1130 (which had been issued in 2002) with the third edition of API RP 1130 (which had been issued in 2007). However, PHMSA notes that API subsequently in 2017 reaffirmed the 2007 version of API RP 1130 and re-characterized it as the first edition of API RP 1130. PHMSA will therefore retain the current reference to the third edition of API RP 1130. --------------------------------------------------------------------------- \\15\\ API Recommended Practice 1130, ``Computational Pipeline Monitoring for Liquids: Pipeline Segment,'' 3rd edition (Sept. 2007) (API RP 1130). --------------------------------------------------------------------------- Both the GPAC and LPAC discussions and voting were broadly supportive of the proposed amendments in the NPRM. The GPAC voted unanimously to endorse as ``technically feasible, reasonable, cost- effective, and practicable'' almost all of PHMSA's proposed IBR of the updated industry standards and miscellaneous amendments within part 192. However, as discussed further in section IV.C. below, the GPAC qualified its endorsement of PHMSA's proposed IBR of the 2016 edition of ASME B31.8S by calling on PHMSA to IBR a more recent (2018) version of that standard and to make conforming revisions to the PSR provisions (including Sec. 192.11(m)) referencing that newer version of the standard. The GPAC also called on PHMSA to work towards an agreement with ASME to make its standards available for free on the internet to the public. The LPAC also voted unanimously to endorse as ``technically feasible, reasonable, cost-effective, and practicable'' almost all of PHMSA's proposed IBR of the updated industry standards and miscellaneous amendments within part 195. However, as discussed further in sections IV.B. and D below, the LPAC qualified its endorsement of PHMSA's proposed IBR of the 5th edition of API Std. 2350 and the 4th edition of API RP 651. And like the GPAC, the LPAC also called on PHMSA to work towards an agreement with ASME to make its standards available for free on the internet to the public. B. API Std 2350 API Std 2350 applies to overfill and damage-prevention practices for aboveground storage tanks associated with facilities that receive flammable and combustible petroleum liquids, such as refineries, marketing terminals, bulk plants, and pipeline terminals. The PSRs currently reference the third edition of this document in Sec. 195.428(c) governing aboveground breakout tanks.\\16\\ Material changes introduced between the 3rd and 5th editions of API Std 2350 are described at length in the NPRM and include the development of policies and procedures for overfill protection processes and risk assessments. --------------------------------------------------------------------------- \\16\\ PHMSA notes that the version of this document currently referenced in the PSRs was characterized by API as a ``recommended practice.'' API now characterizes this document as a ``standard.'' --------------------------------------------------------------------------- PHMSA received a comment from the American Fuel & Petrochemical Manufacturers regarding its proposed IBR of the 5th edition of API Std 2350. The American Fuel & Petrochemical Manufacturers expressed concern that it is unclear which provision of API Std 2350 applies to existing tank overfill systems, and that the current wording of the regulatory text would require operators to significantly expand their physical programs and make numerous changes to their operational parameters if PHMSA incorporated the updated API Std 2350. They specifically noted that Sec. 195.428(c) states that operators must only install overfill systems in accordance with API RP 2350, but that provision fails to specify which sections of API Std 2350 operators should reference for such installations--a potential source of confusion for regulated entities because API Std 2350 contains elements pertaining to installation as well as maintenance and operation. They consequently requested that PHMSA amend the text of Sec. 195.428(c) to identify precisely which sections of API Std 2350 govern installing an overfill protection system. At the GPAC/LPAC meeting, an LPAC committee member representing industry noted in discussion of the proposed standard that they supported moving forward with API Std 2350 as proposed but recommended that, because of the significant changes [[Page 33269]] between the 3rd and 5th editions of this standard noted in the NPRM, PHMSA consider a longer timeline to aid in its implementation by operators. However, the LPAC voted unanimously to endorse the IBR of the updated version of API Std 2350 without any explicit condition on a longer compliance timeline. Because API Std 2350 was not referenced within part 192, the GPAC neither discussed nor voted on this standard. After the GPAC/LPAC meeting, the AAG submitted a joint comment on API Std 2350 echoing the comments of the industry stakeholders during the LPAC and calling on PHMSA to extend the compliance deadline for this updated industry standard beyond the 60-day effective and compliance period PHMSA had suggested for this rulemaking during the GPAC/LPAC meeting. In response to the American Fuel and Petrochemical's comments regarding the applicability of API Std 2350, PHMSA notes that Sec. 195.428(c) states that ``[o]ther aboveground breakout tanks with 600 gallons (2271 liters) or more of storage capacity that are constructed or significantly altered after October 2, 2000, must have an overfill protection system installed according to API RP 2350.'' The requirements in Sec. 195.428(c) are specific to installation, not to the operation or maintenance of the relevant aboveground breakout tanks. However, PHMSA also notes that the PSRs elsewhere at Sec. 195.402 require that operators have a procedural manual for operating and maintenance for their systems--including any related breakout tanks, which are defined broadly in Sec. 195.2 to include overfill protection systems that contribute to the pressure relief function of those breakout tanks. Therefore, an operator of a breakout tank that has installed an overfill protection system per API Std 2350 should consider also having a procedural manual to maintain the system in a manner that is consistent with API RP Std 2350. PHMSA understands that operators will have adequate time to implement the installation requirements in API Std 2350, as specified in Sec. 195.428(c), and implement any conforming revisions to their operations and maintenance procedural manuals given the following: (1) the extended period of time between the GPAC/LPAC meeting and publication of the final rule; (2) API Std 2350 is an industry-created standard, which, presumably, is already implemented by responsible operators; and (3) the IBR API Std 2350 standard will only apply to new, replaced, relocated, or otherwise changed overfill prevention systems. PHMSA also notes that--notwithstanding that a longer compliance timeline was presented to it--the LPAC declined to condition its endorsement of IBR of the 5th edition of API Std 2350 on a longer compliance timeline. Therefore, PHMSA did not adopt the longer implementation timeframe requested. C. ASME B31.8S ASME B31.8S provides guidance on various risk assessment approaches covering design, construction, operational prevention, mitigation, and assessment, ensuring the safe operation of gas pipelines. ASME B31.8S also describes the foundations for an effective integrity management (IM) program for gas transmission pipelines. Along with subpart O of part 192, ASME B31.8S provides the essential features of an IM program. The standard applies to onshore gas pipeline systems constructed with ferrous materials (such as iron and steel) that transport gas and is frequently referenced throughout subpart O. ASME B31.8S provides operators with the information necessary to develop and implement an effective IM program utilizing proven industry practices and processes. The PSRs currently IBR the 2004 version of AMSE B31.8S; the NPRM proposed to IBR the 2016 version of the standard, which incorporates a number of edits, additions, and clarifications that will improve the effectiveness of the gas transmission IM programs. PHMSA did not originally propose regulatory text incorporating the 2018 edition of ASME B31.8S, as PHMSA explained in the NPRM that it had reviewed the 2018 edition and understood that the updated standard had removed nearly all communications plan requirements found in the portion of that standard (Section 10) explicitly mentioned in Sec. 192.911(m). As a result, PHMSA proposed the 2016 edition for incorporation, as that version retained the Section 10 communications plan requirements. However, PHMSA explicitly requested comments regarding incorporation of the 2018 edition of ASME B31.8S. PHMSA received two comments in response. Both the ASME and the Associations' joint comment recommended that PHMSA incorporate the 2018 edition of this standard. They noted that the communications plan requirements formerly located in Section 10 had not (as PHMSA believed) been removed, but instead been relocated from Section 10 to Chapter V, Paragraph 850.9, of the 2018 version of ASME B31.8, which is the companion standard to ASME B31.8S. Additionally, B31.8S includes a reference in Section 10 that points to the communications plan requirements in the 2018 version of ASME B31.8. The commenters therefore requested that PHMSA revise Sec. 192.911(m) to directly reference the communications plan requirements in Paragraph 850.9 of the 2018 edition of ASME B31.8. The GPAC voted unanimously to endorse the 2018 edition of ASME B31.8S with a recommendation to revise Sec. 192.911(m) to directly reference the communications plan requirements in Paragraph 850.9 of the 2018 edition of ASME B31.8. Because ASME B31.8S was not referenced within part 195, the LPAC neither discussed nor voted on this standard. In response to the GPAC's recommendations and the public comments received, PHMSA, in this final rule, is incorporating the 2018 edition of ASME B31.8S within its part 192 regulations. Further, PHMSA has revised Sec. 192.911(m) to directly reference the communications-plan requirements in Paragraph 850.9 of the 2018 edition of ASME B31.8. PHMSA is also in this final rule making conforming revisions in the PSRs to match the relevant sections in the 2018 edition of ASME B31.8S. PHMSA updated the relevant sections as follows: Sec. 192.714(c): Removed ``section 7, Figure 4'' and replaced it with ``Section 7, Figure 7.2.1-1''; Sec. 192.917(e)(1): Removed ``Appendix A7'' and replaced it with ``Appendix A-8''; Sec. 192.917(e)(4): Removed ``ASME/ANSI B31.8S, Appendices A4.3 and A4.4, and any'' and replaced it with ``ASME B31.8S, Appendices A-5.3 and A-5.4, and any''; Sec. 192.921(a)(2): Removed ``specified in Table 3 of section 5'' and replaced it with ``specified in Table 5.6.1-1 of Section 5''; Sec. 192.923(b)(1): Removed ``section 6.4'' and replaced it with ``Section 6.4''; Sec. 192.933(c): Removed ``section 7, Figure 4'' and replaced it with ``Section 7, Figure 7.2.1-1''; Sec. 192.937(c)(2): Removed ``table 3 of section 5'' and replaced it with ``Table 5.6.1-1 of Section 5''; Sec. 192.939(a)(1)(ii): Removed ``section 5, Table 3'' and replaced it with ``Table 5.6.1-1 of Section 5''; and Sec. 192.939(a)(3): Removed ``section 5, Table 3'' and replaced it with ``Table 5.6.1-1 of Section 5.'' PHMSA also notes that in August 2022, it concluded a rulemaking (first proposed in 2016) that amended, or introduced, several provisions referencing the ASME B31.8S industry standard being updated in this final [[Page 33270]] rule.\\17\\ Pertinent provisions introduced or amended by the RIN2 Final Rule include the following: Sec. Sec. 192.13(d); 192.714(c) and (d); 192.917(a) through (e); and 192.933(d)(1) and (d)(2)(iv)). PHMSA has compared the pertinent sections","truncated":true,"body_characters":144714}