Louisiana Senator Bill Cassidy’s announcement on December 29th, regarding the Environmental Protection Agency (EPA) granting Class VI primacy to the state for regulating carbon storage wells, marks a significant milestone in Louisiana’s carbon capture efforts. For further details on this development, you can find more information here.

As part of the Protecting Our Infrastructure of Pipelines and Enhancing Safety (PIPES) Act of 2020, PHMSA was directed under Section 119 to have the National Academies of Sciences, Engineering, and Medicine (The National Academies) to conduct a study of potential methodologies or standards for the installation of automatic or remote-controlled shut-off valves on existing pipelines.  The NAS has completed an encompassing report that you can read or download from their website.

Docket No. PHMSA-2023-0116

On December 8^th, 2023, PHMSA published in the Federal Register a notice announcing that it has determined the minimum random drug testing rate for covered employees will remain at 25 percent during calendar year 2024. Of special note, for calendar year 2023 reporting, DOT is introducing MFA login procedures for submitting D&A testing data into the DAMIS database. This notice also explains how pipeline operators and contractors will obtain MFA login information.  The effective dates of the current January 1, 2024, through December 31, 2024.

For a copy of the published notice, please message Jessica Foley.

The next Gas Pipeline Advisory Committee (GPAC) meeting will discuss the Leak Detection and Repair (LDAR) and Class Location Notice of Proposed Rule Makings (NPRM). The meeting is set to take place March 25-29, 2024. The plan is to start each day at 8:30 AM and continue through Friday until both rules are completed.  However, the meeting may end early if the GPAC completes its review of the proposed rules. Members of the public who wish to attend are requested to register no later than March 18, 2024. 

For more information regarding the meeting location, agenda, and any additional information, including on how to participate in the meeting, click here.

For a copy of the meeting notice, please message Jessica Foley.  

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:  If a liquid pipeline operator installs the wrong style of gasket in a flange during a maintenance repair, and then the joint leaks 1 barrel of oil during startup, is that considered a maintenance-related release?  Does the spill need to be reported?   

A: Liquid pipelines report spills larger than 5 gallons, unless the release is “resulting from a pipeline maintenance activity”, in which case the volume threshold is 5 barrels.  To qualify for the higher maintenance-related reporting threshold, the spill must occur as part of the maintenance activity.  Installing the wrong style of gasket is due to operator error and falls under the 5 gallon, not the 5 barrel, reporting threshold. 

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