May 2026 Issue
In This Issue
- Regulatory Watch: Key Dates & Deadlines
- PHMSA Releases Major Wave of Rulemakings
- PHMSA Signals a New Path Forward for Non-Steel Hazardous Liquid Pipelines
- DOT Final Rule Updates Drug and Alcohol Testing Requirements
- Pipeline Safety: Advisory Bulletin on Preventing Excavation Damage During National Safe Digging Month and Beyond
- TaskOp Wins Innovation in Operations Award at Quickbase Empower26
- Featured Service
- The Enforcement Corner
- Did You Know?
- Q&A Section
- PSI Training Schedule
Regulatory Watch: Key Dates & Deadlines
Welcome to Regulatory Watch! In this monthly update, we’ll keep you informed on proposed rule comment periods, effective dates, and upcoming deadlines for various compliance requirements.
Sprint I
To further the Administration’s deregulatory policies, PHMSA has published in today’s Federal Register twenty-eight (28) separate rulemaking actions affecting the pipeline safety regulations (PSR; Parts 190-199). Click here to access the documents.
| Pipeline Safety: Rationalize Special Permit Conditions | PHMSA proposes to amend its special permit procedures to ensure permit conditions are directly tied to the specific pipeline safety regulations being waived. | NPRM | 49 CFR Part 190 |
| Pipeline Safety: Rationalize Calculation of Regulatory Filing and Compliance Deadlines | PHMSA will clarify that regulatory filing and compliance deadlines falling on weekends or Federal holidays automatically move to the next business day. | DFR | 49 CFR Part 190 |
| Pipeline Safety: Adjust Annual Report Filing Timelines | PHMSA will amend annual reporting requirements to move the gas pipeline annual report submission deadline from March to June. | DFR | 49 CFR Part 191 |
| Pipeline Safety: Property Damage Definition for Incident Reporting | PHMSA will clarify incident reporting property damage calculations for gas pipelines and update hazardous liquid accident reporting thresholds using inflation-adjusted criteria. | DFR | 49 CFR Parts 191 & 195 |
| Pipeline Safety: Exception for In-Plant Piping Systems | PHMSA proposes to clarify that in-plant piping systems are not subject to federal pipeline safety regulations. | NPRM | 49 CFR Part 192 |
| Pipeline Safety: Codify Enforcement Discretion on Incidental Gathering Lines | PHMSA proposes to codify enforcement discretion clarifying that restrictions on the historical incidental gathering line exemption apply only to newly constructed lines. | NPRM | 49 CFR Part 192 |
| Pipeline Safety: Eliminate Burdensome Coating Assessment Deadlines | PHMSA proposes to replace prescriptive deadlines for coating damage assessments and remediation with a requirement that activities be completed before the pipeline is placed in service. | NPRM | 49 CFR Part 192 |
| Pipeline Safety: Atmospheric Corrosion Reassessment for Pipeline Replacements | PHMSA proposes to remove the 3-year reassessment interval following replacement of atmospheric corrosion defects and allow use of the standard 5-year reassessment interval. | NPRM | 49 CFR Part 192 |
| Pipeline Safety: Harmonize Class Change Pressure Test Requirements | PHMSA proposes to reduce the minimum pressure test duration following certain class location changes from 8 hours to 4 hours, aligning with existing Subpart J requirements. | NPRM | 49 CFR Part 192 |
| Pipeline Safety: Clarify MAOP Reconfirmation Testing Records | PHMSA will issue a technical correction clarifying that operators may use pre-1970s pressure test records when reconfirming MAOP under §192.624. | Final Rule | 49 CFR Part 192 |
| Pipeline Safety: Remote Sensing Technologies for ROW Patrols | PHMSA will explicitly allow right-of-way patrols to be conducted using unmanned aircraft systems, satellites, and other remote sensing technologies. | DFR | 49 CFR Parts 192 & 195 |
| Pipeline Safety: Technical Standards Updates and Amendments | PHMSA will update incorporated standards and make technical amendments in response to an industry petition for reconsideration. | Final Rule | 49 CFR Part 192 |
| Pipeline Safety Program: Update of Standards Incorporated by Reference | PHMSA issued multiple direct final rules updating incorporated industry consensus standards used throughout Parts 192 and 195, replacing outdated editions with current versions. | Multiple DFRs | 49 CFR Parts 192 & 195 |
Sprint II
The following is a summary of the 40 rulemakings that PHMSA published in the Federal Register on April 24, 2026. A hyperlink has been provided to each rule. If any adverse comment is received to a DFR PHMSA must rescind the rule and repropose.
| Pipeline Safety and Hazardous Materials Safety: Amendments to PHMSA Procedural Regulations | PHMSA proposed miscellaneous amendments to procedural regulations governing informal rulemaking for both pipeline safety and hazardous materials programs. | NPRM | 49 CFR Part 190 |
| Pipeline Safety: Interpretation Request Procedures | PHMSA amended interpretation procedures to require publication of interpretation requests on its website and provide an opportunity for public comment. | Final Rule | 49 CFR Part 190 |
| Pipeline Safety: Declaratory Order Procedures | PHMSA established formal procedures for issuing declaratory orders through a new section in Part 190. | Final Rule | 49 CFR Part 190 |
| Pipeline Safety: Consent Orders | PHMSA clarified that consent agreements may be used to resolve enforcement actions, including cases involving civil penalties. | Final Rule | 49 CFR Part 190 |
| Pipeline Safety: Adjustment to OPID Notifications for Construction | PHMSA proposed adjusting the inflation-based threshold that triggers OPID notifications for certain construction and facility modification activities. | NPRM | 49 CFR Part 191 |
| Pipeline Safety: Eliminating Limitations on Welders and Welding Operators | PHMSA proposed allowing welders qualified through non-destructive testing methods to perform compressor station welding activities currently subject to additional restrictions. | NPRM | 49 CFR Part 192 |
| Pipeline Safety: Material Properties Verification During MAOP Reconfirmation | PHMSA proposed clarifying that material testing at pressure test manifold sites is not required when traceable, verifiable, and complete material records already exist. | NPRM | 49 CFR Part 192 |
| Pipeline Safety: Electronic Retention of Part 194 Response Plans | PHMSA amended regulations to allow operators to maintain electronic copies of response plans instead of paper copies. | DFR | 49 CFR Part 194 |
| Pipeline Safety: Remote Monitoring of Rectifiers | PHMSA proposed allowing remote monitoring technologies for rectifiers used in external corrosion control programs. | NPRM | 49 CFR Part 195 |
| Pipeline Safety: Clarifying Hazardous Liquid High-Consequence Area Designations | PHMSA amended HCA guidance to clarify spill considerations in agricultural fields and reorganize threat identification guidance. | DFR | 49 CFR Part 195 |
| Pipeline Safety: Timeframe to Make Rupture-Mitigation Valves Operational | PHMSA proposed extending the deadline for placing rupture-mitigation valves into operation from 14 days to 90 days after a pipeline enters service. | NPRM | 49 CFR Part 192 |
| Pipeline Safety: Hazardous Liquid Valve Maintenance Schedule | PHMSA proposed allowing operators to implement risk-based valve maintenance schedules, subject to a maximum inspection interval of one year. | NPRM | 49 CFR Part 195 |
| Pipeline Safety: Property Damage Definition for Incident Reporting | PHMSA proposes revising property damage thresholds for reportable gas and hazardous liquid pipeline incidents and clarifying applicability to telephonic notifications. | NPRM | 49 CFR Parts 192 & 195 |
| Pipeline Safety: Remote Sensing Technologies for ROW Patrols | PHMSA proposes clarifying that unmanned aerial systems, satellites, and other remote-sensing technologies may be used to satisfy right-of-way patrol requirements. | NPRM | 49 CFR Parts 192 & 195 |
| Pipeline Safety: Adjust Annual Report and NPMS Filing Timelines | PHMSA proposes extending annual report and NPMS submission deadlines for gas pipeline and storage operators to June 15 each year. | NPRM | 49 CFR Part 191 |
| Pipeline Safety: Editorial Corrections and Clarifications | PHMSA issued multiple final rules correcting editorial errors, updating references, removing obsolete submission methods, and improving regulatory clarity. | Final Rules | Various |
| Pipeline Safety: Update of Standards Incorporated by Reference | PHMSA issued multiple direct final rules updating incorporated industry consensus standards, including NFPA, ASTM, MSS, NACE, and ASME standards. | Multiple DFRs | 49 CFR Parts 192 & 195 |
Have questions about an upcoming deadline? Please reach out to Jessica Foley for assistance!
PHMSA Releases Major Wave of Rulemakings
On April 24, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a sweeping set of 40 rulemakings to the Federal Register, including a mix of Final Rules, Direct Final Rules (DFRs), and Notices of Proposed Rulemaking (NPRMs) covering a wide range of pipeline safety topics.
The actions span multiple sections of the Federal Pipeline Safety Regulations and address subjects including:
- Annual report and NPMS filing deadlines
- MAOP reconfirmation requirements
- Part 194 response plans
- Remote sensing technologies for ROW patrols
- Valve maintenance and rupture mitigation timelines
- Corrosion control and remote monitoring
- Hazardous liquid HCA designations
- Updates to standards incorporated by reference
Among the releases were 15 Final Rules, several Direct Final Rules updating industry consensus standards, and numerous NPRMs that could significantly impact future compliance obligations for operators.
Several of the rulemakings were previously issued as Direct Final Rules but were rescinded after receiving adverse comments and have now been reproposed through the standard NPRM process.
Separately, PHMSA has submitted an NPRM to the Office of Management and Budget (OMB) regarding the Risk-Based Inspection Process for breakout tanks under American Petroleum Institute Standard 653. The proposal has reportedly been under OMB review since early April and is expected to publish soon.
Please message Jessica Foley for a breakdown of the various rulemakings.
Stay tuned as we deploy our regulatory experts to break down these rulemakings, identify the most significant compliance impacts, and provide practical guidance on what pipeline operators should be watching closely. RCP’s SME team will be reviewing the changes in detail and sharing insights on implementation challenges, operational considerations, and potential impacts across the industry.
PHMSA Signals a New Path Forward for Non-Steel Hazardous Liquid Pipelines
On May 19, 2026, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a new policy statement clarifying how the agency intends to evaluate the transportation of hazardous liquids and carbon dioxide in non-steel pipelines.
The policy centers around 49 CFR §195.8, which already allows operators to transport hazardous liquids or carbon dioxide in non-steel pipelines provided they submit written notice to PHMSA at least 90 days before operations begin. The notice must include information about the product being transported, material compatibility, and pipeline construction details.
What makes this policy statement significant is PHMSA’s clear indication that the agency will generally avoid prohibiting these projects when operators can demonstrate that the pipeline will be designed, constructed, operated, and maintained safely and in accordance with recognized industry standards.
PHMSA also reinforced several key principles the agency will consider when reviewing notices, including:
- Compatibility of the non-steel material with the transported product
- Use of recognized industry codes and standards
- Safe operating history of the proposed material
- Compliance with applicable integrity management and operational requirements
- Alignment with applicable portions of 49 CFR Parts 192 and 195 where appropriate
The policy could open the door for operators to evaluate alternative pipeline materials for certain hazardous liquid and carbon dioxide applications, particularly where corrosion resistance, installation efficiency, or lifecycle costs are considerations.
Expert Insight from Bill Byrd
According to Mr. Bill Byrd, President of RCP, the policy statement represents a major shift in how operators may approach non-steel pipeline projects moving forward.
“The key phrase in PHMSA’s policy is that the Administrator will generally refrain from exercising discretion to prohibit the transportation of hazardous liquid or carbon dioxide in a non-steel pipeline. In practical terms, that means approval can largely be assumed when operators provide the proper notification, documentation, material compatibility information, and demonstrate compliance with applicable standards and integrity management requirements.”
Bill also noted that the policy gives operators significantly more flexibility when evaluating future pipeline construction options.
“This policy effectively creates new opportunities for operators to consider alternative pipeline materials in applications where they may not have been viewed as realistic options before.”
RCP’s regulatory and engineering experts can assist operators with notification packages, supporting documentation, procedures, integrity management considerations, and implementation strategies related to non-steel pipeline applications.
DOT Final Rule Updates Drug and Alcohol Testing Requirements
On May 11, 2026, the U.S. Department of Transportation (DOT) published a final rule in the Federal Register updating terminology within DOT drug and alcohol testing regulations to align with Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”
In addition to the terminology updates, the rule adds a new provision requiring a directly observed urine collection in situations where oral fluid testing would otherwise be required, but oral fluid testing is not yet available. The change is intended to address testing scenarios where oral fluid collection procedures cannot currently be performed due to the lack of certified laboratories and operational testing availability.
Operators subject to DOT drug and alcohol testing requirements should review the updated rule and evaluate any necessary changes to internal procedures, policies, and collection protocols ahead of the effective date.
This final rule becomes effective on June 10, 2026.
The Office of Drug and Alcohol Policy and Compliance, with the Office of the General Counsel, issued a 49 CFR Part 40 Question and Answer. Like all ODAPC/OGC Qs & As, this Q&A constitutes official guidance and interpretation concerning 49 CFR Part 40.
The Q&A issued today is available on our website at: https://www.transportation.gov/odapc/part40QandA.
Pipeline Safety: Advisory Bulletin on Preventing Excavation Damage During National Safe Digging Month and Beyond
[Docket No. PHMSA-2026-1585]
PHMSA is issuing this advisory bulletin to all owners and operators of gas and hazardous liquid pipeline facilities to highlight the critical importance of excavation damage prevention during periods of significant infrastructure growth. This bulletin emphasizes the need for adherence to the Common Ground Alliance best practices, accurate and timely locating, and proactive coordination with excavators to prevent pipeline strikes. As April marks National Safe Digging Month, PHMSA encourages operators to reinforce safety protocols to protect the public and ensure the continued safe transportation of energy resources that drive American economic prosperity.
Please message Jessica Foley for a copy of this Advisory Bulletin.
TaskOp Wins Innovation in Operations Award at Quickbase Empower26
Big congratulations to the entire TaskOp team! 🎉
We’re proud to announce that TaskOp was awarded the Innovation in Operations Award at the Empower26 conference.
This recognition reflects the hard work, creativity, and continuous improvement mindset of the entire TaskOp team. Built specifically for pipeline operators and compliance professionals, TaskOp continues to help organizations streamline workflows, improve visibility, and simplify complex operational processes.
Thank you to for the recognition, and thank you to our clients who continue to trust TaskOp every day.
See what TaskOp can do for you.
Featured Service
TaskOp Highlight: Underground Gas Storage
RCP has earned a worldwide reputation for providing professional engineering services and regulatory expertise to oil and gas operators, including underground gas storage in depleted reservoirs, aquifers and salt caverns.
We have the RESOURCES, SOFTWARE and the KNOWLEDGE to assist clients with building, implementing, and improving comprehensive operational integrity management programs in response to the PHMSA rule incorporating API RP 1171/1170 v2 (Jan. 1st, 2026) on underground gas storage.
Experienced Resources
- Highly respected underground storage industry & risk management SMEs
- Professional engineering support
- Knowledgeable technical standards developers
- Regulatory expertise
Asset Management Tools
- Gap assessment protocols
- Comprehensive risk analysis program through software
- Out-of-the-box risk model designed by RCP SMEs
- Operator-specific risk models
- Full-featured workflow & asset management software
- Track, verify and complete all work done on a well
- Wellsite/valve inspections, annulus pressure, well logging, well swabbing, capital projects, etc.
Gap Analysis/Effective Evaluation
- PHMSA Final Rule: Safety of Underground Natural Gas Storage
- API RP 1171/1170 v2
- PHMSA Advisory Bulletins
- State-Specific Regulations
Process Development and Continuous Improvement
- Storage risk management plan
- Site-specific operations & integrity standards
- Key performance indicators
Risk Analysis Model
- API RP 1171 v2, Section 8
- Out-of-the-box risk model designed by RCP SMEs
- Configurable to client and/or state needs
- Separate models for depleted reservoirs and caverns
- Deterministic Approach
- SME/Documentation
- Data (ex. Well Log)
- Captures documents used in risk analysis and sub-surface safety valve assessment tools
- Customizable queries & reporting, including a fully revamped risk analysis dashboard experience to easily see what the risk model is trying to tell you
Asset Integrity Assessment & Remediation Progress Tracking
- Asset change management
- Traceable, verifiable, and complete record management
- Audit-ready software
- Schedule and progress reporting
- Integrity assessment and repairs
- Regulatory inspections
- Preventative Maintenance
- Capital Projects
- Well Logging
- Data capture & analysis
- Data trends for all the inspection data you are capturing
- Data overlays to help make better, actionable decisions
- Well log comparison (ex. corrosion rate)
- Documentation linkage to work activity
The Enforcement Corner
The Enforcement Corner summarizes recent PHMSA enforcement actions, indicating where PHMSA is putting its enforcement efforts and the fines they are proposing for various types of violations.
In April 2026, PHMSA issued 2 NOPVs, and 1 WL accompanied by $428,800 in proposed fines.
- $68,500 – § 195.452(f)(1) – Integrity Management
- $360,300 – § 193.2505(a) – Cooldown
Please note:
- Pipeline operators may disagree in whole or in part with each proposed violation cited by PHMSA.
- Proposed Civil Penalties (PCP) may be reduced or eliminated before an enforcement action becomes final.
- A Corrective Action Order (CAO) usually addresses urgent situations arising out of an accident, spill, or other significant, immediate, or imminent safety or environmental concerns.
- A Notice of Amendment (NOA) is frequently a result of a difference of opinion regarding written procedure requirements.
- A Notice of Proposed Safety Order (PSO) addresses pipeline integrity risks that may not constitute a hazardous facility requiring immediate corrective action (see Corrective Action Order described above), but do need to be addressed over time.
- A Notice of Probable Violation (NOPV) is not proof that a violation actually occurred.
- Proposed Compliance Orders (PCO) frequently document actions the pipeline operator already planned to do.
- Warning Letter (WL) is an official notice by PHMSA that an operator needs to make improvements but that no further enforcement is proposed for those findings at this time.
RCP maintains a detailed database of all PHMSA enforcement actions dating back to 2007 and is routinely asked for data analysis of various enforcement actions. For more information on how RCP can assist with enforcement action data analysis services, contact Jessica Foley.
Need to respond to a PHMSA enforcement action?
Need to know if your enforcement action is an outlier, or par for the course?
RCP maintains a detailed database of all PHMSA enforcement actions and their resolution which enables us to compare and contrast individual enforcement actions to nationwide actions and trends. We can help put things into context to ensure an effective reply for each citation. For more information on how RCP can assist with enforcement action data analysis services, contact Jessica Foley.
Did You Know?
Did You Know?
More than 189 million Americans and 5.8 million businesses use natural gas because it is affordable, reliable, safe and essential to improving our environment.
Click here to learn more.
Q&A Section
Do you have questions? RCP’s SMEs have the answers. Information will be posted here for questions we often get from clients or discussions we have with regulators regarding interpretations and pending regulatory deadlines.
Q: The proposed PHMSA language states that we still have to do a post-construction coating check within 6 months. It just moved the “start date” of that 6 months from “backfill” to “in-service date.” It doesn’t look like we can avoid the coating check after construction. Check the proposed language of 192.319(d).
A: Yes, you still have to do a coating evaluation but it’s from in-service, not the date the line was buried.
Ask the Experts
Do you have a question for the experts at RCP? Submit your question using this form. If your question is selected for a future newsletter, you will be eligible for a gift of your choice from RCP’s online Store.
Upcoming Deadlines:
- The deadline to submit written comments in response to PHMSA’s forthcoming NPRM on Pipeline Safety: Safety of Gas Distribution Pipeline and Other Pipeline Safety Initiatives will be 60 days from the date of publication in the Federal Register. Comments may be filed at https://www.regulations.gov/ Docket No. PHMSA-2021-0046.
- And as a reminder, the “Stay of Enforcement” does not mean regulators don’t expect work toward getting compliance activities in place can be ignored.
If we can help, contact Jessica Foley.
PSI Training Schedule
|
DATE |
COURSE | FEE |
|
Aug. 4-6, 2026 |
DOT Pipeline Compliance Workshop (49 CFR 191, 192, 194, 195 & 199) |
$2,150 |
|
Sep. 22-24, 2026 |
Pipeline Safety Audit Training (Comprehensive training with technical and soft skills) |
$2,150 |
| Nov. 17-19, 2026 |
DOT Pipeline Compliance Workshop (49 CFR 191, 192, 194, 195 & 199) |
$2,150 |
FREE LIVE WEBINAR ALERT!
Unpacking the Key Updates in API RP 1170 & 1171, 2nd Edition
Join RCP and the Pipeline Safety Institute for a FREE webinar exploring the 2nd Editions of API RP 1170, Design and Operation of Solution-mined Salt Caverns Used for Natural Gas Storage and API RP 1171, Functional Integrity of Natural Gas Storage in Depleted Hydrocarbon Reservoirs and Aquifer Reservoirs.
On July 22, industry experts Phil Baker and Stephen Nowaczewski will discuss key updates, compliance practices and evaluate how their existing programs align with the revised requirements.
WEBINAR RECORDING
Pipeline Safety: Unpacking the Class Location Change Requirements
Thank you to everyone who attended and participated in this informative webinar. The session recording is posted to our YouTube channel. Please watch, like, and subscribe to our channel!
You asked and we listened!
Advanced DOT Pipeline Compliance Workshop is on the calendar!
This intensive and interactive 3-day, in-person workshop is designed for those who have previously completed our DOT Pipeline Compliance Workshop and are ready to take their knowledge to the next level.
New Workshop Alert!
Prepare Your Team for Pipeline Safety Audits with Confidence!
Our 3-day Pipeline Safety Audit Workshop is tailored for professionals responsible for the safe operation of hazardous liquid and natural gas pipelines. Designed for groups of 10-15 participants, this interactive training…
On-Site Training Request
We have conducted on-site training for oil and gas companies for over 25 years and can provide customized workshops for companies with groups of five or more.
We would welcome the opportunity to discuss our services with you.
Sincerely,
W. R. (Bill) Byrd, PE
President
RCP Inc.