[Docket PHMSA-2008-0186] RIN 2137-AE36
PHMSA is proposing to amend its pipeline safety regulations to apply safety regulations to rural low-stress hazardous liquid pipelines that are not covered by safety regulations in 49 CFR Part 195. The Pipeline Inspection, Protection, Enforcement, and Safety Act of 2006 (PIPES Act), requires PHMSA to “issue regulations subjecting low-stress hazardous liquid pipelines to the same standards and regulations as other hazardous liquid pipelines.” PHMSA decided to implement the PIPES Act mandate in phases.
- Phase one, published as a final rule on June 3, 2008 (73 FR 31634) applied full Part 195 regulation to the higher-risk, larger-diameter rural low-stress pipelines (i.e., those low-stress pipelines with a diameter of 8 5/8-inches or greater located in or within one-half mile of an unusually sensitive area, or USA).
- Phase two, the subject of this proposed rulemaking, would regulate all rural low-stress pipelines not included in the phase one rule. Thus, the pipelines addressed by this proposed rule are those rural low-stress pipelines of any diameter located more than one-half mile from a USA and those less than 8 5/8 inches in diameter located within one-half mile of a USA.
This phased approach results in the following distinct groups of rural low-stress pipelines:
- Rural low-stress pipelines that cross navigable waterways. These are already subject to the safety requirements of Part 195. These pipelines are not affected by this rulemaking.
- Rural low-stress pipelines 8 5/8 inches or greater in diameter that are located in or within one-half mile of a USA. The requirements of Part 195 were made applicable to these rural pipelines in the phase one rule.
- Rural pipelines less than 8 5/8 inches in diameter that are located within one-half mile of a USA.
- Rural low-stress pipelines of any diameter that are located more than one-half mile from a USA.
To implement the compliance dates and requirements for these
different groups, we are proposing to define several “categories” of
rural low-stress pipelines. These are as follows:
Category 1: Those rural low-stress pipelines that were covered under the phase
one rule;
Category 2: Rural low-stress pipelines of smaller diameter (less than 8 5/8
inches diameter) located in or within one-half mile of a USA; and
Category 3: All other rural low-stress pipelines that were not included in
phase one.
This Notice of Proposed Rulemaking (NPRM) would retain the compliance deadlines
established in phase one for Category 1 pipelines. It would subject Category 2
pipelines to the same Part 195 requirements as those made applicable to
Category 1 pipelines in phase one but with different compliance deadlines.
PHMSA also proposes to apply all requirements of Part 195 to Category 3
pipelines except for the integrity management requirements of § 195.452.
Anyone interested in filing written comments on this NPRM must do so by August
23, 2010. PHMSA will consider late comments filed so far as practical. For
technical contents of the NPRM contact Mike Israni by phone at 202-366-4571 or
by e-mail at Mike.Israni@dot.gov.