{"operation":"document","citation":"0900006480e85872","title":"U.S. DOT/RSPA - Draft Regulatory Evaluation and Regulatory Flexibility Assessment Liquefied Natural Gas Facilities Clarifying and Updated Safety Standards","source_type":"rulemaking","agency":"Pipeline and Hazardous Materials Safety Administration","status":"current","official":true,"published_on":null,"effective_on":null,"summary":", 0 193.2717 fire drills must include evacuation and personnel performing fire control duties, and updating references to NFPA 59A to the 2001 edition. The agency states these changes should clarify rules, reflect current industry practice, and have minimal economic impact.","machine_formats":{"json":"https://regulus.evalyn.ai/document/regulations-gov-attachment-0900006480e85872.json","markdown":"https://regulus.evalyn.ai/document/regulations-gov-attachment-0900006480e85872.md"},"app_url":"https://regulus.evalyn.ai/document/regulations-gov-attachment-0900006480e85872","source_url":"https://downloads.regulations.gov/PHMSA-RSPA-2003-14456-0002/attachment_1.pdf","body":"<<<PAGE 1>>>\n\n4\n2t133 ::/,y 23 ;?+, f 1: 9 1\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\n49 CFR Part 193\n[Docket No. RSPA-03-14456; Notice 11 - 2\nRIN 2137-AD80\nDraft Regulatory Evaluation and Regulatory Flexibility Assessment\nLiquefied Natural Gas Facilities Clarifying and Updating Safety Standards\nBackmound\nThe Research and Special Programs Administration (RSPA) is proposing to clarifjr its safety\nstandards for liquefied natural gas (LNG), Part 193. In addition, this notice proposes to revise\nstandards that contain incorrect cross-references, make minor editorial changes to sections\nconcerning fire protection and training standards, and require annual reviews of plans and\nprocedures. The notice also proposes to update present references to the National Fire Protection\nAssociation (NFPA) 59A standard to the 2001 edition of that standard. These actions are neec ed\nto remove ambiguities, assure that plans and procedures are up-to-date, and modernize present\nreferences to NFPA 59A. The changes would improve the clarity and effectiveness of RSPA’:;\nLNG facility safety standards.\nNeed for the remlation\nIn the Federal Register of March 1,2000 (65 FR 10950), RSPA published a Final Rule amending\nthe safety standards in 49 CFR Part 193 for liquefied natural gas facilities used in gas pipeline\n\n<<<PAGE 2>>>\n\ntransportation. The purpose of the Final Rule, which took effect March 3 1,2000, was to replace\nmany existing standards on siting, design, construction, equipment, and fire protection with\nreferences to a consensus standard, NFPA 59A, “Standard for the Production, Storage, and\nHandling of LNG’ (1996 edition).\nHowever, an amendment to 3 193.2005 inadvertently made the application of Part 193 to existing\nLNG facilities unclear. As amended by the Final Rule,\n193.2005(a) can now be interpreted to\nexclude LNG facilities existing on March 3 1,2000, from all changes the Final Rule made to\noperation, maintenance, and fire protection standards. However, RSPA did not intend such a\nbroad exclusion. This NPRM would clarifL that LNG facilities existing or now under\nconstruction are exempt only from new or amended standards on siting, design installation, and\nconstruction of LNG facilities. Below is a summary of the changes proposed in the NPRM.\nPart 193 contains several sections with cross-references to sections in Subpart I, Fire Protection,\nthat were removed by the Final Rule published March 1,2000. RSPA is proposing to delete tl e\nincorrect cross references.\nPart 193 requires operators to prepare and follow written plans and procedures for various LNIS\nplant activities. For example, plans are required for personnel health (0 193.271 1) and training\n($3 193.271 1-193.2717) and procedures are required for operations (0 193.2503), emergencies\n($ 193.2509(b)), fluid transfers (0 193.2513(a)), maintenance ($ 193.2605(b)), and security\n(8 193.2903). Under 3 193.2017 operators must make their plans and procedures available fcr\nreview by federal and state inspectors. Reviews by RSPA personnel have disclosed that while\n2\n\n<<<PAGE 3>>>\n\noperators generally keep their plans and procedures up-to-date, not all plans and procedures are\nkept up-to-date. And outmoded plans and procedures can be a source of safety problems. Our\nsafety standards in 49 CFR Part 192, which apply to gas pipelines serving LNG plants, address\nthis potential problem by requiring operators to review and update their operating and\nmaintenance procedures at intervals not exceeding 15 months, but at least once each calendar\nyear (8 192.605(a)). We think a similar requirement should apply to plans and procedures for\nLNG plants. Therefore, we are proposing to establish a new 0 193.2017(c) to require annual\nreviews and updates of plans and procedures required by Part 193.\nSection 193.27 17 requires operators of LNG plants to train their operations and maintenance\npersonnel in fire protection. The training must include “plant fire drills.” To meet this fire dri 1\nrequirement, some operators use only tabletop exercises. We believe such exercises are\ninconsistent with the ordinary meaning of “fire drill,” which includes the evacuation of buildings\nand personnel performing fire control duties. Therefore, to insure that proper fire drills are\nconducted, we are proposing to amend 5 193.2717 to require that fire drills include personnel\nperforming fire control duties and the evacuation of buildings. See proposed 0 193.27 17(c)\nbelow.\nAt present, many sections in Part 193 concerning siting, design, construction, equipment, fire\nprotection, and operating and maintenance records incorporate by reference the 1996 edition csf\nNFPA 59A, “Standard for the Production, Storage, and Handling of LNG.” However, the 195’6\nedition of the standard is now out-of-date and is no longer available in book form from NFPA .\n3\n\n<<<PAGE 4>>>\n\nThe latest edition, the 2001 edition, is available from NFPA either in book or electronic form.\nWe have considered the differences between the 1996 and 2001 editions of NFPA 59A and\nbelieve it is in the interest of LNG facility safety to amend Part 193 to reference the 2001 edition\ninstead of the 1996 edition. This update would be accomplished by changing Appendix A to\nPart 193 as set forth below. In addition, the specific reference to the 1996 edition in\n5 193.2019(a) would be replaced by a general reference to NFPA 59A. As indicated by\n5 193.2013(a), any general reference to NFPA 59A refers to the latest edition listed in\nAppendix A.\nAlternatives\nRSPA considered two alternative scenarios. First, the status quo alternative or do not adopt an:i of\nthe clarifjmg changes. Second, adopt the changes that add clarity and update the rules, RSPA\nchose the second alternative as it felt that adopting these changes would clarify the regulations and\nupdate the rules to reflect general industry practice.\nBenefits\nThis section describes the benefits of the proposed changes.\nThe first proposed change is amending the rule that potentially excluded existing LNG facilitic s\nfrom all changes made to operation, maintenance, and fire protection standards that were mad€ in\nthe final rule published in March 3 1,2000. RSPA believes making this change will benefit thc\npublic by allowing RSPA to enforce its regulations in this area. However, since\n4\n\n<<<PAGE 5>>>\n\noperators likely continued to follow the pre-2000 changes in this area the safety benefits of this\nchange would be minimal.\nThe second proposed change concerned the deleting of incorrect cross references. The benefit of\nthis be to lessen the confusion of operators who when trying to check a cross reference finds out\nthat the reference does not exist.\nThe third proposed revision is operators must review and revise their plans and procedures onc 2 a\nyear. The major benefit of this change is ensure that operators have up-to-date information in\ntheir plans and procedures. Outmoded plans and procedures could lead to potential safety\nproblems if operators are following outmoded safety precautions.\nThe fourth proposed change is to require operators to perform “plant fire drills” which include the\nevacuation of buildings and personnel performing fire control duties. RSPA has observed that a\nsmall number of LNG operators have been performing “table top” fire drills instead of “plant lire\ndrills” as described above. RSPA believes that the practicing of “plant fire drills” will better\nprepare LNG personnel in times of emergency.\nThe fifth and final change involves updating the incorporation by reference from the 1966 edil ion\nof the National Fire Protection Administration (NFPA) 59A, “Standard for the Production,\nStorage, and Handling of LNG, which is out-of-date and unavailable with the 2001 edition of the\nNFPA Standard. The newer addition includes differences regarding the concept of maximum\n5\n\n<<<PAGE 6>>>\n\ncredible earthquake, new models of vapor dispersion distances, testing frequencies for LNG tank\nrelief valves, and changes to training and security standards. RSPA believes that these changes\nrepresent industry’s most current views on LNG safe practices.\nRSPA believes that adoption of these changes should lead to more clear and coherent regulatioiis\nthat will be easier to follow and enforce and represent the most current thinking on the safe\noperation of LNG facilities.\ncosts\nThis section examines the costs of adopting the regulation changes described above.\nThe first proposed change concerns amendments to the LNG regulations that were made in 2000.\nThese changes included sections on operations, maintenance, and fire protection. RSPA does lot\nbelieve that any LNG operators changed their practices as a result of amendments to these\nsections in the 2000 Federal Register notice. Therefore, RSPA does not believe that any opera tors\nwill face a cost impact to this proposed change.\nThe second change concerned the deletion of incorrect cross references. This will have not cost\nimpact as it will only remove some incorrect text references.\nThe third proposed change concerns the requirement for an annual updating and review of plans\nand procedures. The vast majority of LNG facilities already own and operate natural gas\n6\n\n<<<PAGE 7>>>\n\npipelines. Therefore they already comply with similar regulations in Part 192 that require annuit1\nreview and updating. RSPA believes that because they already comply with these similar\nrequirements they are likely to be complying with this proposed requirement for annual updating\nof LNG facilities and that this proposed change will have little to no economic impact on LNG\nfacility owners and operators.\nThe fourth requirement concerns the requirement for LNG “plant fire drills” in lieu of table top\nexercises. An internal survey by RSPA revealed that the majority of LNG operators were\nperforming “plant fire drills” rather than table top drills. Therefore, RSPA concludes that this\nchange will only impact a small number of operators.\nThe fifth and final change involves the updating of the referencing of the NFPA LNG standards\nfrom the out-of-date 1996 edition to the more current 2001 edition. NFPA is an industry led\nstandards organization. As such they represent a group which develops safety guidelines deve‘ op\nwith industry coordination and collaboration. RSPA believes that as a recognized standards\norganizations their guidelines are being universally adopted by the LNG industry. Therefore,\nRSPA believes there will be no cost impact on making this change in reference.\nAfter performing its review, RSPA believes that these changes will have little or no economic\nimpact on LNG operators.\n7\n\n<<<PAGE 8>>>\n\nConclusion\nRSPA has analyzed this proposal and found that none of the changes proposed will have an\nadverse consequence on costs to operators or safety to the general public. Rather, the updating of\nand the clarification of LNG regulations has the potential for enhanced public safety.\nR e d a t o w Flexibilitv Certification\nBased upon the above information showing that the economic impact of this rule will be minirrlal,\nas they merely clarify the regulations and adopt general industry practices and offer additional\noptions to pipeline operators, I certify under Section 605 of the Regulatory Flexibility Act that\nthis regulation will not have a significant impact on a substantial number of small entities.\n8","truncated":false,"body_characters":11315}