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Below you will find a brief summary of what the OPS is doing in the rulemaking arena. We will keep these updated as they change. Future months will not contain every docket, but will have news on those that change.
Further Regulatory Review; Gas Pipeline Safety Standards
In October 1997, National Association of Pipeline Safety Representatives (NAPSR) and the gas pipeline industry formed the State Industry Regulatory Review Committee (SIRRC), to discuss the regulatory proposals of NAPSR and other issues. On May 3, 1999, the SIRRC provided OPS a report on the outcome of the discussion on 39 proposed changes to the gas pipeline safety regulations. Most of the SIRRC recommendations will be addressed in a subsequent notice in Docket No. PS-124. The welding recommendations are being adopted in the periodic update (Docket No. RSPA-99-6016) which will be published by April 2000. The corrosion control recommendations are being considered in a review of the pipeline corrosion regulations in Docket No. RSPA-97-2762.
Passage of Internal Inspection Devices
On February 7, 1995 a Notice was published to suspend enforcement of the final rule (59 FR 17275; April 12, 1994) requirements that would require new and certain replacement pipelines be designed and constructed to accommodate the passage of instrumented internal inspection devices (“smart pigs”) for new and existing offshore gas transmission lines and for modifications to line segments based on partial replacement of pipe in existing onshore gas transmission lines. A final rule in response to the petitions, public comments, and recommendations from the advisory committee is being prepared for publication by April 2000.
Response Plans for Onshore Oil Pipeline
A public meeting on OPA matters was held in New Orleans, Louisiana on January 29, 1997, to solicit comments on the Interim Final Rule (58 FR 244; January 1, 1993) from pipeline industry, states and the public. A programmatic Environmental Assessment was published in Docket No. RSPA-99-6157 on August 30, 1999. A Notice of Finding of No Significant Impact (FONSI) was published on October 26, 1999 (65 FR 57694). Final Action is likely in March, 2000.
Emergency Flow Restricting Devices (EFRD)
ERFDs are being considered as part of an NPRM in Docket No. RSPA-99-6355, Enhanced Safety and Environmental Protection for Gas Transmission and Hazardous Liquid Pipelines in High Consequence Areas. A NPRM is expected to be issued by April, 2000.
Increased Inspection Requirements
The need for increased inspection requirements is being addressed in Docket No. RSPA-99-6355, Enhanced Safety and Environmental Protection for Gas Transmission and Hazardous Liquid Pipelines in High Consequence Areas). A NPRM is expected to be issued by April, 2000.
Pipeline Safety: Underwater Abandoned Pipeline Facilities
(Docket No. RSPA-97-2094)
As mandated by Congress in the Pipeline Safety Act of 1992 (October 24, 1992), OPS is considering requiring operators to report on abandonment of underwater pipelines. This will require the reporting of pipelines abandoned before and after October 1992. A draft NPRM and environmental assessment has been coordinated with the OPS Regional Offices and Chief Counsel. A NPRM was published on August 30, 1999 (64 FR 47157). Public comments were received by October 29, 1999. A final rule is being prepared for publication in March, 2000.
Pipeline Safety: Recommendations to Change Hazardous Liquid Pipeline Safety Standards (Docket No. RSPA-97-2717)
In 1996, the NAPSR completed its review of the hazardous liquid pipeline safety regulations. It provided OPS with 28 recommendations for changes to 49 CFR Part 195 aimed at making the regulations more explicit, understandable, and enforceable. OPS is now reviewing NAPSR recommendations for inclusion in the next periodic update docket. They will seek additional information from NAPSR at the national meeting in May, 2000.
Pipeline Safety: Corrosion Control on Gas and Hazardous Liquid Pipelines
(Docket No. RSPA-97-2762)
The corrosion control regulations for gas and hazardous liquid pipelines will be revised to incorporate the latest safety practices for corrosion protection of steel pipe. Specific criteria for corrosion protection will be incorporated into the federal pipeline safety regulations, including, if appropriate the incorporation by reference of voluntary consensus standards. Comparable standards will be applied to gas and hazardous liquid pipelines. Comments were taken until June 30, 1999. These comments have been reviewed. Notices of proposed rulemaking for hazardous liquid and gas pipelines are being prepared for publication in the first half of 2000. Criteria for adequate cathodic protection will be addressed in NPRMs now being prepared.
Pipeline Safety: Rapid Isolation of Ruptured Sections of Gas Transmission Pipelines
(Docket No. RSPA-97-2879)
Research to assess the technical and economic feasibility of remote control valves (RCVs) in gas transmission systems has been completed. An evaluation was published in September 1999. A public meeting on November 4, 1999, addressed the need for a rulemaking to establish time limits for isolating ruptured sections of gas transmission pipelines. Comment period ended in December, 1999. RCVs are being considered as part of an NPRM in Docket No. RSPA-99-6355, Enhanced Safety and Environmental Protection for Gas Transmission and Hazardous Liquid Pipeline in High Consequence Areas). A NPRM is expected to be issued by April, 2000.
Pipeline Safety: Periodic Underwater Inspections (Docket No. RSPA-97-3001)
This action would require operators of natural gas and hazardous liquid pipelines to conduct periodic underwater inspections of offshore pipelines and those in navigable waterways. This action would also define what constitutes an exposed underwater pipeline and what constitutes a hazard to navigation or public safety. This could include requirements for the reburial of exposed pipelines. Under an OPS contract, Texas A&M; University has recently completed a study of the issues related to burial depth and inspection requirements for underwater pipelines. A NPRM is being drafted that will incorporate the Texas A&M; recommendation for a risk-based approach. In addition, OPS will propose standards to aid operators in defining the “virtual bottom” to establish a discrete reference for measuring burial depth. The NPRM will be published in early 2000.
Pipeline Safety: Adoption of Industry Standards for Liquefied Natural Gas Facilities
(Docket No. RSPA-97-3002)
On August 26, 1996, the National Fire Protection Association (NFPA) petitioned OPS to replace the current provisions of Part 193 with a reference to the NFPA 59A (1996) standard. A final rule was published on March 1, 2000. This final rule incorporates by reference an industry consensus standard for liquefied natural gas (LNG) facilities subject to the pipeline safety regulations. This standard specifies siting, design, construction, equipment, and fire protection requirements that apply to new LNG facilities and to existing facilities that have been replaced, relocated, or significantly altered. All new, replaced, relocated, and significantly altered facilities are also subjected to the new operating and maintenance requirements , and all other requirements specified in this rule, as well as the unchanged portions of the regulations. The fire protection requirements also apply to existing LNG facilities. The incorporation by reference of this standard will allow industry to use the latest technology, materials, and practices while maintaining the current level of safety. This final rule can be found on the RCP Website at
http://www.your-rcp.com/downloads/Misc/FR0300.pdf
Pipeline Safety: Enforcement Procedures
(Docket No. RSPA-98-4284)
This action will revise RSPA’s pipeline safety enforcement procedures to reflect agency practices in uncontested cases where a person pays a proposed civil penalty or agrees to a proposed compliance order. The procedures will be changed to show that both responses are considered offenses when determining future civil penalty assessments. In addition, RSPA will no longer prepare a final order in cases involving these responses. These changes will streamline the enforcement process. A final rule is being prepared for publication by March, 2000.
Pipeline Safety: Pressure Testing Older Pipelines in Terminals
(Docket No. RSPA-98-4316)
Certain older pipeline in terminals and tank farms must be pressure tested before December 7, 2003. In response to a petition, RSPA is reconsidering this testing requirement in light of the risk and low operating stress of these pipelines. RSPA has stayed enforcement of the testing requirement against pipelines designed not to operate above 20 percent of SMYS. RSPA is consulting with terminal operators, API, and others. A NRPM is planned for publication by October, 2000.
Pipeline Safety: Gas Gathering Line Definition
(Docket No. RSPA-98-4868)
The existing definition of “gathering line” would be clearly defined to eliminate confusion in distinguishing these pipelines from transmission lines in rural areas. OPS intends to conform this definition to the prevailing practices in government and industry. Comments received from the electronic public meeting are now being considered in drafting a SNPRM for publication by March, 2000.
Note: API is also developing a recommended practice that will help define gathering lines.
Areas Unusually Sensitive to Environmental Damage (USAs)
(Docket No. RSP-99-5455)
The pipeline safety laws require the DOT to define areas unusually sensitive to environmental damage in the event of a hazardous liquid pipeline accident and to prescribe regulations that establish criteria for identifying each hazardous liquid pipeline facility and gathering line located in these unusually sensitive areas (USAs). RSPA has sought early public participation in this rulemaking process through 6 workshops and a series of technical meetings. This definition may help resolve the rulemakings on Emergency Flow Restricting Devices (Docket No. PS-133) and Increased Internal Inspection (Docket No. PS-141).
Although consensus was not reached on a USA definition in the workshops and technical meetings, RSPA is pilot testing the definition with API and government agencies to gain experience and provide the opportunity to consider the adequacy of the definition, its effectiveness and accessibility of environmental data. A Notice of Intent describing the pilot program was published in July 1999. A NPRM was published in December 1999 with a comment period through June 2000. A technical review of the pilot testing program will be held in April 27-28, 2000. For information contact C. Sames with OPS at 202-366-4561.
Pipeline Safety: Producer-operated Outer Continental Shelf Gas and Hazardous Liquid Pipelines that Cross into State Waters
(Docket No. RSPA-99-6132)
This proposed rule would implement a provision of the December 10, 1996, MOU between DOI and DOT regarding OCS pipelines. This rule would address producer-operated pipelines that cross into State Waters without first connecting to a transporting operator’s facility on the OCS. It is complementary to the Direct Final Rule that addressed OCS oil or gas pipelines located upstream of the points at which operating responsibility for the pipelines transfers from a producing operator to a transporting operator (62 FR 61692, November 19, 1997; and 63 FR 12659, March 16, 1998). The proposed rule would also address the procedures by which producer and transportation pipeline operators would petition for permission to operate under either DOT or DOI regulations. A NPRM is being prepared for issuance in March 2000.
Pipeline Safety: Pipeline Integrity Management in High Consequence Areas
(Docket No. RSPA-99-6355)
An October 21, 1999, notice announced a public meeting to consider the need for additional safety and environmental regulations for gas transmission lines, hazardous liquid pipelines, and distribution pipelines in high-density population areas, commercially navigable waterways, and areas unusually sensitive to environmental damage. A NPRM is being prepared to require validation/testing of the integrity of certain hazardous liquid pipelines in high consequence areas. OPS is proposing requirements for increased inspection, enhanced damage prevention, improved emergency response, and other measures to prevent and mitigate pipeline leaks and ruptures. The proposal allows an operator to choose between OPS-prescribed testing program or an operator-developed integrity management program that requires testing and compliance with industry standards. A NPRM and accompanying environmental assessment an regulatory evaluation are being prepared for publication by March 31, 2000.
Heather Roark
Jessica Foley
