In August 2022, PHMSA issued its final rule along with a report titled “Final Regulatory Impact Analysis” (RIA), J.A. 619, which reviewed the costs and benefits of the standards. While INGAA supported the rule overall, requested reconsideration of several provisions, submitted in report J.A. 677’. PHMSA denied most of the petition, except for a few minor exceptions.

INGAA now seeks judicial review, challenging five specific standards included in the rule. Due to the technical nature of these standards and PHMSA’s justifications, they will be addressed in detail in Section III of this opinion.

On August 16, 2024, the U.S. Court of Appeals issued its decision regarding the RIN 2 Final Rule. For a copy of this ruling, please contact Jessica Foley.

API RP 1187: Pipeline Integrity Management of Landslide Hazards is a first edition recommended practice (RP) that provides recommendations for the management of landslide hazards for operating onshore welded steel pipelines. The recommendations in this document are applicable for onshore transmission pipelines conveying natural gas, hazardous liquids, and carbon dioxide. Offshore pipelines, pipelines containing products other than those listed above, and pipelines made of materials other than welded steel were not explicitly considered in the development of this document; however, it may provide useful guidance to these other applications. The recommendations provided herein are based on the physical, regulatory, and social environment of the United States, but could reasonably be applied in Canada and in other countries with due consideration for their regulatory requirements. The recommendations are for active pipelines and not intended for terminals, aboveground stations and appurtenances, or delivery facilities.

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PHMSA will host a two-day Integrity Management Risk Modeling Workshop on October 23-24, 2024, in Houston, TX. The event will highlight advancements in risk modeling for both pipeline and non-pipeline systems. More details will be shared soon.

This workshop offers a great opportunity to:

• Discuss the latest risk modeling techniques.
• Learn how pipeline operators are applying these methods to improve risk analysis.
• Explore enhancements in risk models and their practical integration.
• Gather public input on the newest risk modeling developments.

This is a must-attend event for anyone in pipeline safety and risk management, providing a platform to share and learn from industry innovations. Don’t miss your chance to participate!

Registration Deadline: October 11, 2024
To register:

1. Visit: PHMSA Risk Modeling Workshop
2. Select “Register” next to 2024 Risk Modeling Public Workshop.
3. If you don’t have a Login.gov account, create one.
4. Choose your registration type (in-person or virtual).
5. Complete the required info and confirm your registration.

For any questions, contact Lee Cooper.

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 July 2024, PHMSA issued 6 NOAs, 5 NOPVs, and 1 NOPSO accompanied by $418,200 in proposed fines. Significant proposed fines were attributed to the following code sections:

• $26,000 – 49 CFR 192.807(b) – Recordkeeping
• $297,900 – 49 CFR 195.452(e)(1)(i) – Integrity Management
• $21,500 – 49 CFR 192.605(a) – Procedure Manual
• $21,500 – 49 CFR 192.705(b) – ROW Patrols
• $60,100 – 49 CFR 195.402(a) – Procedure Manual
• $21,200 – 49 CFR 195.420(b) – Valve Maintenance

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 (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.
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:  How can TaskOp help an Operator prepare for an audit?

A: The TaskOp Audit module can streamline your audit preparation by isolating data relevant to the auditor’s specific questions. It organizes and presents this data in a clear, digital format, which helps reduce the time required for the audit. This targeted approach ensures that you can quickly and efficiently provide all the necessary information, making the audit process smoother and more efficient.

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