[Docket No.: PHMSA–2022–0085]

PHMSA has extended the public comment period for a notice published on March 25, 2024 (89 FR 20751), which requested feedback on proposed changes to PHMSA forms. These changes aim to gather data on the use of rupture mitigation valves and blending hydrogen gas with other natural gases in pipelines. These adjustments are intended to address Recommendation P-11-11 from the National Transportation Safety Board and track trends related to gas pipeline operations.

In response to a joint petition from trade associations, the deadline for public comments has been extended from May 24, 2024, to June 24, 2024. This extension was announced on May 3, 2024, and published in the Federal Register on May 6, 2024.

For a copy of this notice, please message Jessica Foley.

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 March 2024, PHMSA issued 7 NOAs, 7 NOPVs, and 6 WLs accompanied by $353,300 in proposed fines. Significant proposed fines were attributed to the following code sections: 

• $34,200 49 CFR 195.446(c)(3) Control Room Management 
• $33,500 49 CFR 195.446(c)(4) Control Room Management 
• $33,500 49 CFR 195.446(e)(4) Control Room Management 
• $33,500 49 CFR 195.446(h)(1) Control Room Management 
• $1,800 49 CFR 195.505(b) Operator Qualification 
• $39,400 49 CFR 195.446(c)(4) Overpressure Safety Devices 
• $137,600 49 CFR 195.446(c)(4) Procedure Manual 
• $39,800 49 CFR 195.446(c)(4) Drug Testing 

Please note: 

1. Pipeline operators may disagree in whole or in part with each proposed violation cited by PHMSA.  
2. Proposed Civil Penalties (PCP) may be reduced or eliminated before an enforcement action becomes final. 
3. 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. 
4. A Notice of Amendment (NOA) is frequently a result of a difference of opinion regarding written procedure requirements. 
5. A Notice of Proposed Safety Order (NOPSO) 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. 
6. A Notice of Probable Violation (NOPV) is not proof that a violation actually occurred. 
7. Proposed Compliance Orders (PCO) frequently document actions the pipeline operator already planned to do. 
8. 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.

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:  To clarify, has there been a final approved and implemented requirement for Management of Change processes for DISTRIBUTION companies? 

A: No, this was published in the Notice of Proposed Rulemaking, but has not yet been discussed within the Gas Pipeline Advisory Committees (GPAC). That must occur prior to publication of any final rule.

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