# U.S. DOT/PHMSA - Pipeline Safety: Operator Qualification, Cost Recovery, Accident and Incident Notification, and Other Pipeline Safety Changes - Final Environmental Assessment and Finding of No Significant Impact

- **operation:** document
- **citation:** 09000064824a106a
- **title:** U.S. DOT/PHMSA - Pipeline Safety: Operator Qualification, Cost Recovery, Accident and Incident Notification, and Other Pipeline Safety Changes - Final Environmental Assessment and Finding of No Significant Impact
- **source type:** rulemaking
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** current
- **official:** true
- **published on:** Not available
- **effective on:** Not available
- **summary:** Scope: The Final Environmental Assessment (EA) analyzes environmental consequences of adopting PHMSA’s rule “Pipeline Safety: Operator Qualification, Cost Recovery, Accident and Incident Notification, and Other Pipeline Safety Changes,” covering amendments to 49 CFR Parts 190, 191, 192, 195, and 199, and compares a Selected Alternative to a No Action Alternative. Material conclusions: The EA describes the specific regulatory changes considered (including one-hour accident/incident notification, cost recovery for large or novel design reviews, operator qualification clarifications for control room staff, special permit renewal procedures, farm tap DIMP exemption with added inspection requirements, reporting of flow reversals/changes in product, incorporation by reference of assessment standards, electronic reporting of drug/alcohol testing, and explicit documentation and testing policies)
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U.S. Department of Transportation
Pipeline and Hazardous Materials Safety
Administration
Pipeline Safety: Operator Qualification, Cost Recovery,
Accident and Incident Notification, and Other Pipeline
Safety Changes
Final Environmental Assessment and Finding of No Significant
Impact
Docket No. PHMSA-2013-0163
December 22, 2016
Prepared for:
Office of Pipeline Safety
Pipeline and Hazardous Materials Safety Administration
Prepared by:
John A. Volpe National Transportation Systems Center
Office of the Assistant Secretary for Research and Technology

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Final EA: Pipeline Safety: Operator Qualification,
Cost Recovery, Accident and Incident Notification, and Other
Pipeline Safety Changes
TABLE OF CONTENTS
TABLE OF CONTENTS .............................................................................................................................. I
LIST OF ACRONYMS ............................................................................................................................... II
1.0 SCOPE OF ANALYSIS ..................................................................................................................... 1
2.0 PURPOSE OF AND NEED FOR ACTION ..................................................................................... 2
2.1 INTRODUCTION ................................................................................................................................. 2
2.2 BACKGROUND ................................................................................................................................... 2
2.3 PURPOSE AND NEED .......................................................................................................................... 2
3.0 ACTION AND ALTERNATIVES .................................................................................................... 3
3.1 OVERVIEW OF ALTERNATIVES .......................................................................................................... 3
3.2 NO ACTION ALTERNATIVE ................................................................................................................. 3
3.3 SELECTED ALTERNATIVE .................................................................................................................. 4
3.3.1 Accident and Incident Notification ......................................................................................... 4
3.3.2 Cost Recovery for Design Reviews ......................................................................................... 4
3.3.3 NTSB Recommendation on Control Room Center Staff .......................................................... 5
3.3.4 Special Permit Renewal .......................................................................................................... 5
3.3.5 Farm Taps .............................................................................................................................. 5
3.3.6 Reversal of Flow or Change in Product ................................................................................. 6
3.3.7 Editorial Amendments ............................................................................................................ 6
3.3.8 Pipeline Assessment Tools ...................................................................................................... 7
3.3.9 Electronic Reporting of Drug and Alcohol Testing Results .................................................... 7
3.3.10 Post-Accident Drug and Alcohol Testing ........................................................................... 8
4.0 AFFECTED ENVIRONMENT AND ENVIRONMENTAL CONSEQUENCES ......................... 8
4.1 AFFECTED ENVIRONMENT ................................................................................................................ 8
4.2 ENVIORNMENTAL CONSEQUENCES OF THE ALTERNATIVES ............................................................... 8
4.2.1 Selected Alternative ................................................................................................................ 9
4.2.2 Summary of Environmental Consequences of the Selected Alternative .................................11
4.2.3 No Action Alternative ............................................................................................................12
5.0 PUBLIC NOTIFICATION ...............................................................................................................12
6.0 FINDING OF NO SIGNIFICANT IMPACTS ................................................................................12
7.0 LIST OF PREPARERS AND REVIEWERS ..................................................................................13
7.1 PREPARERS ......................................................................................................................................13
7.2 REFERENCES ....................................................................................................................................13
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Final EA: Pipeline Safety: Operator Qualification,
Cost Recovery, Accident and Incident Notification, and Other
Pipeline Safety Changes
LIST OF ACRONYMS
CEQ Council on Environmental Quality
CFR Code of Federal Regulations
DIMP Distribution Integrity Management Program
DOT United States Department of Transportation
EA Environmental Assessment
EIS Environmental Impact Statement
FONSI Finding of No Significant Impact
NACE National Association of Corrosion Engineers
NEPA National Environmental Policy Act of 1969
NRC National Response Center
OQ Operator Qualification
PHMSA Pipeline and Hazardous Materials Safety Administration
The Act Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011
The rule Pipeline Safety: Operator Qualification, Cost Recovery, and Other
Pipeline Safety Changes
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Final EA: Pipeline Safety: Operator Qualification,
Cost Recovery, Accident and Incident Notification, and Other
Pipeline Safety Changes
1.0 SCOPE OF ANALYSIS
This final Environmental Assessment (EA) analyzes the environmental consequences
associated with adopting the Pipeline & Hazardous Materials Safety Administration’s
(PHMSA's), rule “Pipeline Safety: Operator Qualification, Cost Recovery, Accident and
Incident Notification, and Other Pipeline Safety Proposed Changes” (the rule) The rule
changes the Federal Pipeline Safety Regulations (49 Code of Federal Regulations (CFR)
Parts 190, 191, 192, 195, and 199) to address Sections 9 and 13 of the Pipeline Safety,
Regulatory Certainty, and Job Creation Act of 2011 (Public Law 112-90, hereafter
referred to as “the Act”) to make changes to the operator qualification requirements and
other changes. The changes include:
 adding a specific time frame for telephonic or electronic notifications of accidents
and incidents
 adding provisions for cost recovery for design reviews of new projects that cost
over $2,500,000,000 or new and novel technologies
 modifying operator qualification requirements to address NTSB recommendation
on control rooms
 adding provisions for the renewal of expiring special permits
 excluding farm taps from the requirements of the Distribution Integrity
Management Program (DIMP) requirements while proposing safety requirements
for the farm taps
 requiring pipeline operators to report to PHMSA permanent reversal of flow that
lasts more than 30 days or a change in product
 addressing NTSB recommendations for control room team training
 providing assessment tools by incorporating consensus standards by reference in
Part 195 for stress corrosion cracking direct assessment
 requiring retention of samples and additional testing in Part 199
 requiring electronic reporting of drug and alcohol testing results in Part 199
 requiring operators to keep a record of the reason why post-accident drug and
alcohol test was not conducted for at least three years, and
 adding a procedure for requests to keep submitted information confidential.
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Final EA: Pipeline Safety: Operator Qualification,
Cost Recovery, Accident and Incident Notification, and Other
Pipeline Safety Changes
2.0 PURPOSE OF AND NEED FOR ACTION
2.1 INTRODUCTION
A draft EA was prepared in accordance with the National Environmental Policy Act of
1969 (NEPA)1, as amended, and the Council on Environmental Quality regulations for
implementing NEPA (40 CFR 1500-1508). This statute and the implementing
regulations require that PHMSA assess the environmental impacts of any Proposed
Federal Action; identify adverse environmental effects that cannot be avoided should the
Proposed Action be implemented; and evaluate alternatives to the Proposed Action,
including a No Action Alternative, and their environmental effects. This final EA
describes the effects of the Selected and the No Action Alternatives on the physical,
human, and natural environment. This final EA also describes the changes that will take
place as a result of the rule and how those changes may impact the human environment.
Based on the analysis presented in this final EA, PHMSA has determined that the rule
will not result in significant environmental impacts.
2.2 BACKGROUND
Under the Federal Pipeline Safety Laws, 49 U.S.C. 60101 et seq., the Secretary of
Transportation must prescribe minimum safety standards for pipeline transportation and
for pipeline facilities. The Secretary has delegated this authority to the PHMSA
Administrator (49 CFR 1.97(a)) and the Federal Pipeline Safety Regulations can be found
at 49 CFR 190-199. On January 3, 2012, President Obama signed the Act into law.
Several sections of the Act require PHMSA to meet certain safety requirements that
could only be achieved by making changes to the current Federal Pipeline Safety
Regulations. In addition, PHMSA is modifying the operator qualification requirements,
including addressing NTSB recommendation for control room center staff, add
provisions for the renewal of expiring special permits, and other standard maintenance
changes described in Section 3.0.
2.3 PURPOSE AND NEED
PHMSA’s mission is to protect people and the environment from the risks of hazardous
materials transportation. The purpose of this rule is to enhance pipeline integrity and
safety to lessen the frequency and consequences of pipeline incidents that cause
environmental degradation, personal injury, and loss of life.
1 42 U.S.C 4321 et seq.
2

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Final EA: Pipeline Safety: Operator Qualification,
Cost Recovery, Accident and Incident Notification, and Other
Pipeline Safety Changes
The need for this action stems from the statutory mandates in Sections 9 and 13 of the
Act, NTSB recommendations, and the need for other changes in the regulations. Section
9 of the Act directs PHMSA to require a specific time limit for telephonic or electronic
reporting of pipeline accidents and incidents, and Section 13 of the Act directs PHMSA
to recover costs associated with pipeline design reviews. NTSB has made
recommendations regarding the clarification of NTSB recommendation for control room
center staff, and to eliminate operator discretion with regard to post-accident drug and
alcohol testing of covered employees. In addition, PHMSA’s safety regulations require
periodic updates and clarifications to enhance compliance and overall safety.
3.0 ACTION AND ALTERNATIVES
3.1 OVERVIEW OF ALTERNATIVES
PHMSA considered two alternatives to the rule: the No Action Alternative and the
Selected Alternative, a set of revisions to the Federal Pipeline Safety Regulations to
incorporate amendments. PHMSA examined the environmental impacts of the two
alternatives, the No Action Alternative and the Selected Alternative. These alternatives
are summarized in section 3.2 and 3.3 of this document.
The no action alternative was rejected because PHMSA believes this would not reduce
pipeline failures that are addressed by the Selected Alternative. We believe that PHMSA
must take action to decrease the risks to public safety and the environment caused by
pipeline failure.
PHMSA believes the Selected Alternative is appropriate because it is consistent with the
Act and will reduce pipeline failure through implementation of the set of rule changes.
PHMSA’s Action is a set of amendments and editorial changes to the Federal Pipeline
Safety Regulations (49 CFR 190-192, 195 and 199), which are summarized in the
sections below. A more detailed description of these changes can be found in the Notice
of Proposed Rulemaking (NPRM 2013).
3.2 NO ACTION ALTERNATIVE
The CEQ (Council on Environmental Quality) regulations for implementing NEPA
require the analysis of a No Action Alternative. The No Action Alternative defines
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Final EA: Pipeline Safety: Operator Qualification,
Cost Recovery, Accident and Incident Notification, and Other
Pipeline Safety Changes
existing conditions of the natural and human-made environment and serves as a baseline
when analyzing environmental impacts of the Action.
Under this alternative, PHMSA would not amend, correct errors, or update the Federal
Pipeline Safety Regulations. Existing errors, inconsistencies and outdated references in
the regulations would remain. Pipeline operators would continue to be governed by the
requirement of the existing Federal Pipeline Safety Regulations but would not be subject
to the new requirements of the Act.
3.3 SELECTED ALTERNATIVE
3.3.1 Accident and Incident Notification
Section 9 of the Act requires PHMSA to establish a specific time limit for telephonic or
electronic reporting of pipeline accidents and incidents to the National Response Center
(NRC). Currently, PHMSA requires pipeline owners and operators to notify the NRC by
telephone or electronically at the earliest practicable moment following discovery (49
CFR §§ 191.5 and 195.52).2
Section 9(b)(1) of the Act requires PHMSA to issue regulations requiring owners and
operators to notify the NRC not later than one hour after confirmed discovery of a
pipeline accident or incident. PHMSA will revise the Federal Pipeline Safety
Regulations to require notification at the earliest practicable moment following the
confirmed discovery of an accident or incident, not later than 1 hour following the time of
such confirmed discovery. Owners and operators will also be required to revise their
initial telephonic or electronic notice to the Secretary and the NRC with an estimate of
the amount of the product released, an estimate of the number of fatalities and injuries, if
any, and any other information determined appropriate by the Secretary, within 48 hours
of the accident or incident, to the extent practicable.
3.3.2 Cost Recovery for Design Reviews
PHMSA conducts facility design safety reviews in connection with proposals to
construct, expand, or operate gas or hazardous liquid pipelines or liquefied natural gas
pipeline facilities. Reviews include design, construction, and operational inspections and
2 In an advisory notice (67 FR 57060) dated September 6, 2002, PHMSA advised owners and operators of
gas and hazardous liquids pipeline systems and liquefied natural gas (LNG) facilities that at the earliest
practicable opportunity usually means 1 to 2 hours after discovery of the incident.
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Final EA: Pipeline Safety: Operator Qualification,
Cost Recovery, Accident and Incident Notification, and Other
Pipeline Safety Changes
oversight. PHMSA currently has no method for recovering from the operator of a
pipeline the design review costs incurred by the agency in conducting these reviews.
Section 13 of the Act allows PHMSA to recover costs associated with design reviews.
Section 13 also allows PHMSA to prescribe a fee structure and assessment methodology
for recovering costs associated with design reviews of new gas and hazardous liquid
pipelines with overall design and construction costs totaling at least $2,500,000,000 or
that contain new and novel technologies. PHMSA is proposing to exercise the cost
recovery authority described in Section 13(a) of the Act by prescribing a fee structure and
assessment methodology that is based on the costs of providing these reviews.
3.3.3 NTSB Recommendation on Control Room Center Staff
This rulemaking action will address the NTSB recommendation for control room center
staff that will clarify OQ requirements to control rooms (Safety Recommendation P-12-
8).
 Add a new paragraph (b)(5) to §§ 192.631 and 195.446 to require each operator
to define the roles and responsibilities and qualifications of others who have the
authority to direct or supersede the specific technical actions of controllers.
PHMSA believes this change will reinforce that operators need to declare the
roles, responsibilities, and qualifications of all others who, at times, could
intervene in control room operations.
3.3.4 Special Permit Renewal
This rulemaking action will amend 49 CFR 190.341 of the Federal pipeline safety
regulations to add procedures for renewing a special permit. PHMSA is proposing to add
permit renewal procedures to the Federal Pipeline Safety Regulations.
3.3.5 Farm Taps
This rulemaking action will amend the Federal Pipeline Safety Regulations in 49 CFR
Part 192 to exclude farm taps from the pipeline Distribution Integrity Management
Program (DIMP requirements). A “farm tap” is a pipeline that branches from a
transmission, gathering, or production pipeline to deliver gas to a farmer or other
landowner. PHMSA has recognized farm taps as distribution lines for many years and
these lines were included within the scope of the DIMP final rule for gas distribution
pipelines in 2009 (74 FR 63906). Because farm taps are mostly located in less-populated
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Final EA: Pipeline Safety: Operator Qualification,
Cost Recovery, Accident and Incident Notification, and Other
Pipeline Safety Changes
areas, the risk to the public from farm taps is generally low, and most farm taps are
already addressed within Part 192, PHMSA is proposing to amend Part 192 to exempt
farm taps from the DIMP requirements. However, to better protect customers served by
these lines, PHMSA will amend Part 192, Subpart M - Maintenance by adding a new
section that prescribes inspection activities for pressure regulators and over-
pressurization protection equipment on service lines that originate from transmission,
gathering, or production pipelines.
3.3.6 Reversal of Flow or Change in Product
§§191.22 and 195.64 of the Federal Pipeline Safety Regulations require operators to
notify PHMSA electronically of the occurrence of certain events no later than 60 days
before the events occur. PHMSA will expand the scope of reportable events in §§191.22
and 195.64 to include the reversal of flow of product or change in product in a mainline
pipeline. The rule will require operators to notify PHMSA electronically no later than 60
days before there is a reversal of the flow of product through a pipeline and also in the
instance that there is a change in the product flowing through a pipeline. Examples
include, but may not be limited to, changing a transported product from liquid to gas,
from crude oil to highly volatile liquids, and vice versa. This notification is not required
for pipeline systems already designed for bi-directional flow, or when the reversal is not
expected to last for 30 days or less.
3.3.7 Editorial Amendments
PHMSA will make the following editorial amendments to the Federal Pipeline Safety
Regulations:
 In § 192.175(b) replace the erroneous formula C=(DxPxF/48.33)
(C=(3DxPxF/1,000)) with the correct formula C = (3D*P*F)/1000) (C =
(3D*P*F*)/6,895), where, C = (3D*P*F)/1000) is in inches (English unit), and C
= (3D*P*F*)/6,895) is in millimeters (metric conversion).
 Amend the language in § 195.64(a) and § 195.64(c)(1)(ii) to correct the term
“hazardous liquid” to read “hazardous liquid or carbon dioxide.”
 In § 195.248, replace the erroneous “100 feet (30 millimeters)” with the correct
conversion of English to metric units “100 feet (30.5 meters).
”
 In § 195.452, add a new paragraph (a)(4) to clarify the applicability of § 195.452
to low stress pipelines as described in § 195.12.
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Final EA: Pipeline Safety: Operator Qualification,
Cost Recovery, Accident and Incident Notification, and Other
Pipeline Safety Changes
3.3.8 Pipeline Assessment Tools
Periodic assessment of hazardous liquids pipelines is required by § 195.452. PHMSA
will incorporate by reference consensus standards for assessing the physical condition of
in-service hazardous liquids pipelines using in-line inspection and stress corrosion
cracking direct assessment. Incorporation of the consensus standards will ensure better
tool selection and analysis and therefore improve consistency, accuracy and quality in
pipeline assessments conducted using these techniques. PHMSA will incorporate by
reference the following consensus standards into 49 CFR Part 195:
 American Petroleum Institute standard 1163, “In-Line Inspection Systems
Qualification Standard” (August 2005);
 National Association of Corrosion Engineers (NACE) International Standard
Practice SP0102-2010 “Inline Inspection of Pipelines;”
 NACE SP0204-2008 “Stress Corrosion Cracking Direct Assessment;”
 American National Standards Institute / American Society for Nondestructive
Testing ILI-PQ-2005, “In-line Inspection Personnel Qualification and
Certification” (2005).
Also, PHMSA will allow pipeline operators to conduct assessments using tethered or
remote control tools not explicitly discussed in NACE SP0102-2010, provided the
operators comply with applicable sections of NACE SP0102-2010.
Each of these organizations has signed agreements with PHMSA to make these standards
available to the public, free of charge on an Internet Web site.
3.3.9 Electronic Reporting of Drug and Alcohol Testing Results
PHMSA’s pipeline safety regulations at 49 CFR 191.7 and 49 CFR 195.58 requires
electronic reporting of most pipeline safety reports through the PHMSA Portal. PHMSA
will require electronic reporting through the Portal for drug testing results required under
§ 199.119 and alcohol testing results required under § 199.229. Pipeline operators with
less than 50 covered employees are currently required to submit these reports only when
PHMSA provides written notice. PHMSA will modify these regulations to specify that
PHMSA will provide notice to operators in the PHMSA Portal.
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Final EA: Pipeline Safety: Operator Qualification,
Cost Recovery, Accident and Incident Notification, and Other
Pipeline Safety Changes
3.3.10 Post-Accident Drug and Alcohol Testing
While PHMSA's regulations require documentation of decisions not to administer a post-
accident alcohol test; the obligation to document a decision not to administer a post-
accident drug test is implied but not explicitly required. PHMSA will explicitly require
documentation of a decision not to administer a post-accident drug test.
In response to a NTSB recommendation, PHMSA will eliminate operator discretion with
regard to drug and alcohol testing after an accident of each employee whose performance
either contributed to the accident or cannot be completely discounted as a contributing
factor to the accident. PHMSA will modify 49 CFR 199.105 and 49 CFR 199.225 by
restating and further defining the existing requirement to conduct post-accident drug and
alcohol testing of all employees except those for whom sufficient information establishes
that they had no role in the accident.
4.0 AFFECTED ENVIRONMENT AND ENVIRONMENTAL
CONSEQUENCES
4.1 AFFECTED ENVIRONMENT
The gas pipeline infrastructure in the United States is a network of over 2.6 million miles
of pipelines (http://opsweb.phmsa.dot.gov/pipelineforum/facts-and-stats/incidents-and-
mileage-report/). These pipelines exist in a variety of diverse environments, including
offshore locations, highly populated urban sites, and unpopulated rural areas. Therefore,
the affected environment is the land area and waterways in the United States where
pipelines are located.
4.2 ENVIORNMENTAL CONSEQUENCES OF THE ALTERNATIVES
This section identifies the environmental effects of each alternative. These effects
include impacts to human health and the physical environment. The physical
environment includes:
 Air quality and climate
 Soils, topography and geology
 Water Resources (including Wetlands, Water Bodies and Floodplains)
 Historical and Archeological Resources
 Wildlife
 Farmland
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Final EA: Pipeline Safety: Operator Qualification,
Cost Recovery, Accident and Incident Notification, and Other
Pipeline Safety Changes
4.2.1 Selected Alternative
This section identifies the environmental effects of each component of the rulemaking,
including potential impacts to human health and to the physical environment, as defined
in Section 4.2. Many of the changes included in the rule reflect existing prudent pipeline
practices and others propose entirely new practices. Either way, the rule will require
these practices.
Where the rule will enhance the accuracy and quality of pipeline inspections, it may
better identify conditions in existing pipelines which require maintenance activities. In
such cases, the rule could lead to more excavations. This excavation will result in ground
disturbance that has the potential to cause sedimentation into adjacent wetlands and
waterways, if any are present. This could reduce water quality and diminish aquatic
habitat. In addition, disturbance to vegetation could cause disturbance or reduce
available wildlife habitat for terrestrial species. However, impacts associated with these
excavations are expected to be localized and temporary in nature. Excavation could also
disturb historical and archaeological resources and farmland, if any of these resources are
present. While the linear size of these excavations will vary, it is expected that they
would be contained within the existing rights-of-way. While such excavations will
individually have minor localized environmental impacts, they will also decrease the
likelihood of pipeline failures that could result in catastrophic damage to human health
and the environment. Therefore, it is expected that in such cases, the rule will have a
negligible temporary adverse impact but, due to decreased risk of release, will result in
net positive impacts to the human environment, including air quality and climate, soils,
topography, geology, water resources (floodplains, wetlands and water bodies), historical
and archeological resources, wildlife, and farmland.
To the extent that the rule will affect pipelines that exist in areas where Environmental
Justice concerns exist, the regulatory amendments will have the same effect regardless of
the geographic location of the pipelines. Therefore, Environmental Justice populations
are not expected to be affected by the rule any differently than the general population.
Because PHMSA believes that these regulatory amendments will increase pipeline safety
across systems, we believe any impact to areas where environmental justice concerns
exist will be positive. Therefore, consistent with Executive Order 12898 and DOT Order
5610.2(a), PHMSA does not anticipate that the rule will result in disproportionately high
and adverse human health or environmental effects on minority or low-income
populations.
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Final EA: Pipeline Safety: Operator Qualification,
Cost Recovery, Accident and Incident Notification, and Other
Pipeline Safety Changes
In this section, environmental consequences of the Selected Alternative are examined for
each component of the rulemaking, which are described in section 3.3. This section
describes the potential impacts of each component on public health.
Accident and Incident Notification: This rulemaking action will revise the pipeline
safety regulations to establish time limits for telephonic or electronic notification of an
accident or incident to require such notification at the earliest practicable moment
following the confirmed discovery of an accident or incident, not later than 1 hour
following the time of such confirmed discovery. PHMSA does not expect this change to
affect the likelihood of pipeline failure. However, PHMSA believes that faster reporting
can prevent or mitigate environmental and human health consequences of an incident
because response activities can begin and be overseen by proper officials.
Cost Recovery for Design Reviews: This rulemaking action will provide a fee structure
and assessment methodology for recovering costs associated with design review of new
gas and hazardous liquid pipelines. PHMSA does not expect this change to affect the
likelihood of pipeline failure and therefore, will not result in any environmental impacts.
Operator Qualification for Pipeline Controllers and Supervisors: This change will
enhance the program by clarifying existing requirements. Therefore, PHMSA expects
that this component of the rule will decrease the risk of pipeline failure and have a
positive impact to human health and the physical environment.
Special Permit Renewal: This rulemaking action will ensure that special permits are not
granted without an expiration date. This will ensure that a special permit will not
continue to be used if it is no longer in the best interest of public safety. Therefore,
PHMSA expects that this component of the rule will decrease the risk of pipeline failure
and have a positive impact to human health and the physical environment.
Farm Taps: This rulemaking action will exempt Farm Taps from DIMP regulations.
Arguably, the lifting of these requirements from farm taps could increase the potential for
pipeline failure. However, PHMSA believes that this is proposal is prudent because most
farm taps are located in less-populated areas, and risks to farm taps are lesser than risks to
more extensive distribution systems. PHMSA believes that the risks that farm taps
present is typically dependent upon the service line in which the farm tap is employed,
and the environment in which it operates. Therefore, to account for the exemption of
DIMP requirements, in this rulemaking, PHMSA is proposing to prescribe inspection
activities for pressure regulators and over-pressurization protection equipment on service
lines that originate from transmission, gathering, or production pipelines. Therefore,
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Final EA: Pipeline Safety: Operator Qualification,
Cost Recovery, Accident and Incident Notification, and Other
Pipeline Safety Changes
PHMSA expects that the net effect of this component of the rule will be a possible
minimal increase or have no impact on the risk of pipeline failure and to human health
and the physical environment.
Reversal of Flow or Change in Product: This rulemaking action will expand the list of
events in §§ 191.22 and 195.64 that require electronic 60-day notification to PHMSA to
include the reversal of flow of product or change in product in a mainline pipeline. This
provision simply allows for greater awareness and oversight of changes to pipeline
systems, which PHMSA believes generally increases safety and could potentially
decrease the likelihood of pipeline failure.
Editorial Amendments: The editorial amendments in the rulemaking will provide
clarification and consistency to existing regulations, but are not expected to change the
likelihood of pipeline failure and therefore, will not result in any environmental impacts.
Pipeline Assessment Tools: This rulemaking action will incorporate by reference
consensus standards for assessing the physical condition of in-service hazardous liquids
pipelines using in-line inspection (ILI) and stress corrosion cracking direct assessment
(SCCDA). Incorporation of these consensus standards will assure better consistency,
accuracy and quality in pipeline assessments conducted using these techniques.
Therefore, PHMSA expects that this component of the rule will decrease the risk of
pipeline failure and have a positive impact to human health and the physical environment.
Electronic Reporting of Drug and Alcohol Testing Results: Requiring operators
provide electronic reporting for anti-drug testing results will ensure a qualified
workforce; it is not expected to change the likelihood of pipeline failure and therefore,
will not result in any environmental impacts.
Post-Accident Drug and Alcohol Testing: The editorial amendment will provide
clarification regarding decisions not to administer a post-accident alcohol test. PHMSA
does not expect this to result in a component of the rule to change the likelihood of
pipeline failure except that it will increase accountability and therefore, will not result in
any environmental impacts.
4.2.2 Summary of Environmental Consequences of the Selected Alternative
The Selected Alternative is not expected to result in significant environmental impacts
and many provisions are expected to result in beneficial impacts. As discussed above,
some elements of the rulemaking, such as more rigorous requirements for assessing the
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Final EA: Pipeline Safety: Operator Qualification,
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Pipeline Safety Changes
physical condition of in-service pipelines could identify more conditions in existing
pipelines which leads to an increase in excavations. Such excavations would individually
have minor localized environmental impacts and would also decrease the likelihood of
pipeline failures that could result in catastrophic damage to human health and the
environment, resulting in a net benefit. Other provisions increase oversight, which is
intended to increase safety and minimize the likelihood of failures, which account for the
biggest threat to the human environmental from gas and hazardous liquids pipeline
systems and liquefied natural gas (LNG) facilities.
4.2.3 No Action Alternative
No environmental impacts to human health, the physical environment or environmental
justice would result from the no action alternative because no regulatory changes would
occur. However, if the no action alternative were selected, the changes aimed at reducing
pipeline failures and would not be implemented or achieved. Therefore, the no action
alternative would be an inferior choice for environmental and human safety protection.
5.0 PUBLIC NOTIFICATION
PHMSA requested public comments on the draft Environmental Assessment and Notice
of Proposed Rulemaking in a public notice on July 10, 2015 (80 FR 39916). The NPRM
invited comments to address the potential environmental impacts. A total of 39
comments were received from the public, private companies and various industry groups.
However, PHMSA received no comments regarding environmental concerns or NEPA
compliance for this rulemaking.
6.0 FINDING OF NO SIGNIFICANT IMPACTS
This rule will clarify existing regulations, incorporate new standards, and make other
revisions to increase safety and minimize the likelihood of failures, which account for the
biggest threat to the human environment from gas and hazardous liquids pipeline
systems. This rulemaking exempts farm taps from DIMP under Part 192, but PHMSA is
adding inspection activities for pressure regulators on those lines. Due to the remote
location of these gas lines, minimal if any increase in risk will result.
PHMSA anticipates that this rule will enhance pipeline integrity and safety and lessen the
risk and consequences of pipeline incidents that harm the environment and threaten
human safety. Therefore, PHMSA finds that the selected alternative will not have a
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Final EA: Pipeline Safety: Operator Qualification,
Cost Recovery, Accident and Incident Notification, and Other
Pipeline Safety Changes
significant or negative impact on the environment and will likely result in a positive
impact on the environment.
7.0 LIST OF PREPARERS AND REVIEWERS
7.1 PREPARERS
This EA was prepared by the following DOT staff from PHMSA and Volpe National
Transportation Systems Center (part of the Research and Innovative Technology
Administration):
Preparers
Volpe
Center
Preparers:
Marla Engel, MRP, AICP, Environmental Protection Specialist
Travis Mast, Biologist
Reviewer:
Sean Peirce, M.Sc., Economist
PHMSA Reviewers:
Amelia Samaras, PHMSA
Tewabe Asebe, PHMSA
Cameron Satterthwaite, PHMSA
7.2 REFERENCES
NPRM 2013. Department of Transportation, Pipeline and Hazardous Materials Safety
Administration. Notice of Proposed Rulemaking, 49 CFR Parts 190, 191, 192, 195, and
195199. 2013. “Pipeline Safety: Operator Qualification, Cost Recovery, and Other
Pipeline Safety Proposed Changes.” Docket No. PHMSA- 2013-0163
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