[Docket ID: PHMSA-2018-0086]

PHMSA announced it was exercising enforcement discretion with respect to portions of a final rule issued January 23, 2017, that pertain to individual service lines directly connected to a natural gas transmission, gathering, or production pipeline (farm taps). The January 23, 2017, final rule exempted these lines from PHMSA regulations requiring operators of distribution pipelines to implement a Distribution Integrity Management Program (DIMP), and instead added maintenance and inspection requirements that apply specifically to farm taps.

Pursuant to the exercise of enforcement discretion announced in this document, PHMSA will not take enforcement action against operators who forego the new maintenance and inspection requirements and instead mitigate any future risk associated with farm taps through compliance with the existing DIMP regulations. This will provide regulatory flexibility to pipeline operators while at the same time maintaining an equivalent level of safety.

This action is effective March 26, 2019. For additional information or questions, contact Chris McLaren at chris.mclaren@dot.gov  or (281) 216-4455.

For a copy of PHMSA’s Farm Tap notice from the Federal Register, contact Jessica Foley.

On Friday, March 8, 2019, PHMSA released a special notice allowing any interested stakeholder to submit ideas for future research.  This notice will be open year round and revised every six months to reflect further guidance for interested stakeholders.  PHMSA is conducting this action to widen the participation in formulating its research program future strategy.  This inaugural action is managed by a submitted form but will be revised to a web based portal in future notices.  Please share this announcement with anyone you feel should be aware and please find much more information on the FedBizOpps.gov website.

On February 25^th 2019, PHMSA posted a general overview of how civil penalty calculations are derived following an inspection or investigation of a pipeline facility that reveals a probable violation.  Several factors are listed as Assessment Considerations, along with various ranges of conduct and civil penalties.  As of November 27, 2018, under 49 U.S.C. § 60122 and 49 CFR § 190.223, operators are subject to a civil penalty not to exceed $213,268 per violation per day the violation persists up to a maximum of $2,132,679 for a related series of violations.  For more information, contact Jessica Foley.

The Office of Secretary of Transportation published a Notice in the Federal Register on February 5^th seeking public comment on whether departmental guidance documents should be updated.  For PHMSA, these guidance documents include Frequently Asked Questions, Enforcement Guidance, Letters of Interpretation and Advisory Bulletins.  These documents can serve a number of purposes including: (1) Clarifying the pertinent statutory and regulatory requirements; (2) assisting with statutory and  regulatory compliance; and (3) communicating the Department’s position on an issue.  DOT recognizes that in some instances, even non-binding guidance may spur cost-inducing actions by regulated entities. DOT also recognizes that some guidance documents may need to be rescinded or updated to reflect developments, such as technological changes, that took place after the guidance was issued.

DOT is requesting public comment for existing guidance documents that

• are no longer necessary;
• spur cost inducing action by the regulated entities;
• are inconsistent or unclear;
• may not be conducive to uniform or consistent enforcement; or
• need to be updated to reflect developments that have taken place since the guidance was issued.

For more information or to submit comments, go to Docket DOT–OST–2017–0069 here.

The Common Ground Alliance (CGA) is a member-driven association of individuals, organizations and sponsors in every facet of the underground utility industry. CGA is committed to saving lives and preventing damage to underground infrastructure by promoting effective damage prevention practices. Damage prevention starts with one phone call, and since 2007 the phone number for that call has been 811. CGA has created several easy-to-use tools to help promote National Safe Digging Month (NSDM) and dialing 811. Visit the 811 Toolkit page on CGA’s website to download a suite of NSDM media materials, social media messages and infographics, advertising materials and more.

Steve Nowaczewski has joined RCP’s Underground Gas Storage Team. If you have been in the storage industry, you probably already know Steve. He has spent over 35 years in the industry developing and operating underground natural gas storage facilities in North America. Steve is an industry leader, including co-chairing the task group that developed API Recommended Practice 1171, “Functional Integrity of Underground Natural Gas Storage Facilities in Depleted Reservoirs and Aquifers”. Steve has earned the American Gas Association Gold Award of Merit and was awarded the AGA Trailblazer Award for recent underground gas storage regulatory advocacy efforts. Over the last few years, Steve has participated in and led’ the API/INGAA/AGA Joint Industry Task Force on Gas Storage Integrity, publishing white papers on well integrity, emergency shut down valves and risk management processes. Steve joins RCP’s incredible group of underground gas storage integrity leaders, including Rick Gentges, Terry Rittenhour and Phil Baker, providing expert support for this vital segment of the natural gas industry. For more information or to inquire about RCP’s underground gas storage integrity support, visit our website or contact Jessica Foley.