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Summary of Changes for Pipeline Safety 49 CFR Parts 186 → 199 October 2017 Edition
 
Significant Changes Overview
Area of ChangeChange Overview
Operator Qualification, Cost Recovery, Accident and Incident Notification, and Other Pipeline Safety Changes
This comprehensive final rule effects 38 distinct Sections in 49 CFR Parts 190, 191, 192, 195, and 199
The specific amendments codified by this final rule involve the following areas of safety and enforcement:
- Specifying an operator's accident and incident reporting time to not later than one hour after confirmed discovery and requiring revision or confirmation of initial notification within 48 hours of the confirmed discovery of the accident or incident;
- Setting up a cost recovery fee structure for design review of new gas and hazardous liquid pipelines with either overall design and construction costs totaling at least $2,500,000,000 or that contain new and novel technologies;
- Addressing the National Transportation Safety Board's (NTSB) recommendation to clarify training requirements for control room personnel;
- Providing a renewal procedure for 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 a change in product (e.g., from liquid to gas, from crude oil to highly volatile liquids (HVL)) or a permanent reversal of flow that lasts more than 30 days;
- Providing methods for assessment tool selection by incorporating consensus standards by reference in part 195 for stress corrosion cracking direct assessment (SCCDA) that were not developed when the Integrity Management (IM) regulations were issued;
- Requiring electronic reporting of drug and alcohol testing results in part 199;
- Modifying the criteria used to make decisions about conducting post-accident drug and alcohol tests and requiring operators to keep for at least 3 years a record of the reason why post-accident drug and alcohol tests were not conducted;
- Including the procedure to request protection for confidential commercial information submitted to PHMSA;
- Adding reference to appendix B of API 1104 related to in-service welding in parts 192 and 195; and
- Amending minor editorial corrections.
Safety of Underground Natural Gas Storage Facilities
The regulatory changes specified in this final rule effect §§191.1, 191.15, 191.17, 191.21, 191.22, 191.23, 191.3, 192.12, 192.3 and 192.7
This comprehensive Interim Final Rule (IFR) responds to Section 12 of the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016, which was enacted following the serious natural gas leak at the Aliso Canyon facility in California on October 23, 2015.
It incorporates by reference two American Petroleum Institute (API) Recommended Practices (RP):
API RP 1170, "Design and Operation of Solution-mined Salt Caverns used for Natural Gas Storage," issued in July 2015; and
API RP 1171, "Functional Integrity of Natural Gas Storage in Depleted Hydrocarbon Reservoirs and Aquifer Reservoirs," issued in September 2015.
Rapid incorporation of API RP 1170 and 1171 into PHMSA's regulations will require operators to assess the operational safety of their underground natural gas storage facilities and document the implementation of identified safety solutions.
These regulatory amendments complement PHMSA's Advisory Bulletin (ADB-2016-02), issued February 5, 2016. This notice reminded all owners and operators of underground storage facilities used for the storage of natural gas to consider the overall integrity of the facilities to ensure the safety of the public and operating personnel and to protect the environment.
 
Chronology of Federal Register Changes in Pipeline Safety 9/1/16 → 9/30/17
 
Thursday, April 27, 2017 (Federal Register Volume 82, Nº 80) [2137-AF16]

Inflation Adjustment of Maximum Civil Penalties

Effective Date: April 27, 2017.

§190.223 The Pipeline and Hazardous Materials Safety Administration (PHMSA) revised references to the maximum civil penalties for violations of Federal pipeline safety laws, or any PHMSA regulations or orders issued thereunder.

 
Monday, April 10, 2017 (Federal Register Volume 82, Nº 67) [ADB-2017-02]

Guidance on Training and Qualifications for the Integrity Management Program

Effective Date: April 10, 2017.

§192.915 Advisory Bulletin (ADB) Due recognized inconsistencies in how the requirements have been implemented by operators regarding this Section, PHMSA issued an Advisory Bulletin titled "Guidance on Training and Qualifications for the Integrity Management Program".

 
Monday, January 23, 2017 (Federal Register Volume 82, Nº 13) [2137-AE94]

Operator Qualification, Cost Recovery, Accident and Incident Notification, and Other Pipeline Safety Changes

Effective Date: March 24, 2017.

Parts 190, 191, 192, 195 and 199 were updated to address requirements of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (2011 Act), and to update and clarify certain regulatory requirements:

Note: The Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 was designed to examine and improve the state of pipeline safety regulations. The Act:

•Reauthorizes PHMSA's federal pipeline safety programs through fiscal year 2015 Provides the regulatory certainty necessary for pipeline owners and operators to plan infrastructure investments and create jobs

•Improves pipeline transportation by strengthening enforcement of current laws and improving existing laws where necessary

•Ensures a balanced regulatory approach to improving safety that applies cost-benefit principles and

•Protects and preserves Congressional authority by ensuring certain key rulemakings are not finalized until Congress has an opportunity to act.

 
Tuesday, December 27, 2016 (Federal Register Vol. 81, Nº 248) [2016-31220]

Notice of Calendar Year 2017 Minimum Annual Percentage Rate for Random Drug Testing

PHMSA has determined that the minimum random drug testing rate for covered employees will remain at 25 percent during calendar year 2017. Operators are reminded that drug and alcohol testing information must be submitted for contractors performing or ready to perform covered functions. For calendar year 2016 reporting, PHMSA will not attempt to mail the "user name" and "password" for the Drug and Alcohol Management Information System (DAMIS) to operators, but will make the user name and password available in the PHMSA Portal.

 
Monday, December 19, 2016 (Federal Register Volume 81, Nº 243) [2137-AF22]

Safety of Underground Natural Gas Storage Facilities

Effective Date: January 18, 2017.

§§191.1, 191.3, 191.15, 191.17, 191.21, 191.22, 191.23, 192.3, 192.7, and 192.12 are revised via an interim final rule (IFR) that addresses critical safety issues regarding downhole facilities, including wells, wellbore tubing, and casing, at underground natural gas storage facilities.

 
Friday, October 21, 2016 (Federal Register Volume 81, Nº 204) [2137-AE71]

Expanding the Use of Excess Flow Valves in Gas Distribution Systems to Applications Other Than Single-Family Residences

Effective Date: October 21, 2016.

§192.383(b) was corrected to reflect the date of April 14, 2017, after which the installation of an EFV on any new or replaced service line will be required.

 
Friday, October 14, 2016 (Federal Register Volume 81, Nº 199) [2137-AF26]

Enhanced Emergency Order Procedures

Effective Date: October 14, 2016.

§§190.3 and 190.5 were updated and §§190.236 and 190.237 were added via an interim final rule (IFR) to implement to regulatory changes mandated by the "Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016" (PIPES Act). These changes address unsafe conditions or practices, or combination of unsafe conditions or practices, that pose an imminent hazard to public health and safety or the environment.

Note: On June 22, 2016, the "Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016 or the PIPES Act of 2016" was signed into public law (Nº 114-183). The PIPES Act of 2016 ensures that PHMSA finishes out the 2011 Act requirements, reforms PHMSA to be a more dynamic, data-driven regulator, and provides regulatory certainty for citizens, the safety community, and the industry. This act:

• Improves safety by closing gaps in federal standards,

• Enhances the quality and timeliness of PHMSA rulemakings,

• Promotes better use of data and technology to improve pipeline safety, and

• Leverages federal and state pipeline safety resources.

 
Friday, October 14, 2016 (Federal Register Volume 81, Nº 199) [2137-AE71]

Expanding the Use of Excess Flow Valves in Gas Distribution Systems to Applications Other Than Single-Family Residences

Effective Date: April 14, 2017.

§§192.381, 192.383 were revised and §192.385 was added. These regulatory changes expand the Excess flow valves (EFV) requirement in order to include new or replaced gas service lines servicing single-family residences (SFR), multifamily residences, and small commercial entities consuming gas volumes not exceeding 1,000 Standard Cubic Feet per Hour (SCFH). Additionally, the use of either manual service line shut-off valves (e.g., curb valves) or EFVs, for new or replaced service lines with meter capacities exceeding 1,000 SCFH is stipulated. Operators are now required to notify customers of their right to request installation of an EFV on service lines that are not being newly installed or replaced

 
List of Sections with Changes in the Pipeline Safety October 2017 Edition

Changes to Pipeline Safety regulations span five 49 CFR Parts and effect 50 distinct Sections.

Part 190Part 191Part 192Part 195Part 199
§190.3
§190.5
§190.223
§190.236
§190.237
§190.343
§190.401
§190.403
§190.405
§190.407
§190.411
§191.1
§191.3
§191.5
§191.15
§191.17
§191.21
§191.22
§191.23
§192.3
§192.7
§192.12
§192.14
§192.175
§192.225
§192.227
§192.381
§192.383
§192.385
§192.631
§192.740
§192.1003
§195.2
§195.3
§195.5
§195.52
§195.64
§195.120
§195.214
§195.222
§195.248
§195.446
§195.588
§195.591
§199.105
§199.117
§199.119
§199.225
§199.227
§199.229

   Reason: