PHMSA Publishes Final Rule Introducing New Requirements for Gas Transmission Pipeline Operators
On August 24, 2022, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a new final rule for onshore gas transmission pipelines (the Rule). The Rule marks the completion of a three-phase rulemaking process, commonly referred to as the Gas Mega Rule, that began more than a decade ago. While this part of the Gas Mega Rule is commonly known as the “Repair Rule,” there are numerous other safety provisions that are included in the new regulation that should not be overlooked. The Rule amends or adds various provisions in 49 C.F.R. Part 192 and will become effective on May 24, 2023.
Introducing PIPES Tracker – Pipeline Safety Database Tool
Babst Calland and its affiliated Alternative Legal Service Provider, Solvaire, announce the availability of PIPES TRACKER™– the most comprehensive and easy-to-use pipeline safety regulatory database search and tracking tool available on the market today. Now, pipeline operators finally have an easy way to search and track enforcement cases issued by the Pipeline and Hazardous Materials Safety Administration (PHMSA).
- With PIPES TRACKER™ you can:
√ Quickly search and identify cases involving a particular citation
√ Evaluate annual reports on developments and enforcement trends
√ Easily search and verify data for counsel, operators and consultants
√ Track PHMSA cases by citation, region, date, operator name and current status
- Unlike our competitors, PIPES TRACKER™ is:
√ Fully keyword searchable
√ Updated monthly
√ The most affordable pipeline safety regulatory database tool on the market today
√ The only pipeline safety regulatory database search and tracking tool developed, managed and operated by lawyers
PHMSA Publishes Final Rule with New Valve Installation and Rupture Detection Requirements for Gas, Hazardous Liquid, and Carbon Dioxide Pipelines
On April 8, 2022, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a final rule in the Federal Register introducing new valve installation and rupture detection requirements for certain onshore gas, hazardous liquid, and carbon dioxide pipelines (the Final Rule). PHMSA issued the Final Rule in response to National Transportation Safety Board recommendations and congressional mandates from the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (2011 PIPES Act), as well as related studies prepared by the Government Accountability Office and Oak Ridge National Laboratories. Below is a summary of the key changes that the Final Rule makes to PHMSA’s regulations.
The 2021 Babst Calland Report
Legal and Regulatory Perspectives for the U.S. Energy Industry – Babst Calland
The Babst Calland Report represents the timely collective perspectives of Babst Calland’s multidisciplinary team of energy attorneys relevant to the interests of our clients. Topics range from the industry’s business outlook, regulatory rulemaking and enforcement to developments in climate change, pipeline safety and litigation trends, as well as important updates in the oil and gas, coal, and renewable energy sectors. This edition also features commentary from Senator Joe Manchin (D-WV), Chairman of the U.S. Senate Energy and Natural Resources Committee, who spoke with Babst Calland energy clients at a special briefing on June 25, 2021. A link to the webinar recording is available in the introduction of the Report, which is linked below:
PHMSA Releases Long-Awaited Final Rule for Onshore Gas Gathering Lines
Pipeline Safety Alert – Babst Calland
On November 2, 2021, the Pipeline and Hazardous Materials Safety Administration (PHMSA) released a pre-publication version of its final rule for onshore gas gathering lines. The final rule, which represents the culmination of a decade-long rulemaking process, amends 49 C.F.R. Parts 191 and 192 by establishing new safety standards and reporting requirements for previously unregulated onshore gas gathering lines. Access below a summary of the significant items from the new federal regulations published by Babst Calland:
Pennsylvania Public Utilities Commission Proposes Significant Changes to the Hazardous Liquid Pipeline Safety Regulations
Pipeline Safety Alert – Babst Calland
On July 15, 2021, the Pennsylvania Public Utilities Commission (PA PUC) issued a Notice of Proposed Rulemaking Order (NOPR) proposing to change the regulations applicable to public utilities that transport petroleum products and other hazardous liquids in Pennsylvania. The NOPR follows an Advanced Notice of Proposed Rulemaking (ANOPR) that the PA PUC published on June 29, 2019, seeking comments on an expanded regulatory framework for hazardous liquid public utilities. The proposed regulations go beyond the minimum federal pipeline safety regulations in 49 C.F.R. Part 195 and would impose significant new requirements on public utilities in Pennsylvania.
— Access below a summary of the significant items from the proposed regulations published by Babst Calland. Public utilities in Pennsylvania that transport hazardous liquids should carefully review the proposed regulations, the potential impact to their operations, and provide comments to the PA PUC accordingly. Comments will be due 60 days from the date the NOPR is published in the Pennsylvania Bulletin.
Pipeline Policy — Last 4 Years, Next 4 Years with Keith Coyle
Pipeliners Podcast (Episode 164)
Attorney Keith Coyle discusses with Russel Treat how U.S. pipeline policy was shaped during the four years under the Trump administration and how pipeline policy might be affected under the Biden administration.
PHMSA Publishes Gas Regulatory Reform Final Rule
Pipeline Safety Alert – Babst Calland
On January 11, 2021, PHMSA published a Final Rule amending the gas pipeline safety regulations at 49 C.F.R. Parts 191 and 192. Adopted as part of the Trump administration’s efforts to reduce or eliminate unnecessary regulatory burdens, PHMSA estimates that the Final Rule will result in approximately $130 million in annualized cost savings for pipeline operators. Although the effective date of the Final Rule is March 12, 2021, the Agency provided a deferred compliance date of October 1, 2021, for the new amendments. Additional information about the Final Rule is provided in this Alert.
President Trump Signs Law Reauthorizing Federal Pipeline Safety Program
Pipeline Safety Alert – Babst Calland
On December 27, 2020, President Trump signed the Protecting Our Infrastructure of Pipelines and Enhancing Safety Act of 2020 (2020 PIPES Act) into law, completing a multi-year effort to reauthorize the nation’s federal pipeline safety program. The 2020 PIPES Act authorizes general funding for the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) pipeline safety program through fiscal year 2023 and makes other important changes to the Pipeline Safety Act. The task of implementing these provisions will fall on the incoming administration of President-Elect Joseph R. Biden. Babst Calland provides additional information about the 2020 PIPES Act in this client alert.
Congress Reauthorizes Pipeline Safety Act as Part of Year-End Spending and COVID-19 Relief Package
Pipeline Safety Alert – Babst Calland
On December 21, 2020, the U.S. Congress passed the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020 (the Act) as part of a larger year-end spending and COVID-19 relief package. The Act reauthorizes the federal pipeline safety program through September 30, 2023, and establishes annual funding levels for the 2021, 2022, and 2023 fiscal years. The Act also makes other important changes to the federal pipeline safety laws administered by the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA or the Agency).
PHMSA Valve & Rupture Meeting Recap with Keith Coyle
Pipeliners Podcast (Episode 151)
Keith Coyle reports his takeaways from the recent GPAC/LPAC committee meetings on the proposed PHMSA rulemaking, Valve Installation and Minimum Rupture Detection Standards.
New Underground Gas Storage Rule with Keith Coyle
Pipeliners Podcast (Episode 116)
Attorney Keith Coyle discusses the new Underground Gas Storage Rule published by PHMSA in January on the Pipeliners Podcast with Russel Treat.
New PHMSA Final Pipeline Safety Rules with Keith Coyle
Pipeliners Podcast (Episode 97)
Attorney Keith Coyle discusses the new PHMSA final pipeline safety rules on the Pipeliners Podcast with Russel Treat. Find the application to your role in pipeline operations.
PHMSA Proposes Integrity Management Alternative For Class Location Changes
Pipeline Safety Alert (Babst Calland)
On October 14, 2020 PHMSA proposed to amend the federal gas pipeline safety regulations and reporting requirements to allow operators to apply integrity management (IM) principles to certain gas transmission line segments that experience class location changes. Comments on the NPRM are due December 14, 2020. After the public comment period closes, the Agency will consider the information provided and decide whether to present the NPRM to the Gas Pipeline Advisory Committee (GPAC) for consideration.
The State of the Oil and Gas Industry
KDKA (CBS Pittsburgh)
KDKA spoke with Attorney Joe Reinhart, co-chair of Energy and Natural Resources Group of Babst Calland, about The 2020 Babst Calland Report and the state of the oil and gas industry.
A Decade of Environmental and Regulatory Progress in the Natural Gas Industry
Think About Energy (Video)
The natural gas industry has afforded the Appalachian Basin with economic and environmental benefits for over a decade. As the technologies continue to evolve, the industry has been at the forefront of implementing best management practices, best in class equipment, increased transparency, and environmental excellence.
Report Sees Shale Poised for Growth
American Oil & Gas Reporter
The 2020 Babst Calland Report–The U.S. Oil & Gas Industry: Federal, State, Local Challenges & Opportunities; Legal and Regulatory Perspective for Producers and Midstream Operators covers topics ranging from the industry’s business outlook, regulatory enforcement and rule-making to developments in pipeline safety and litigation trends, Babst Calland says, adding that its attorneys’ collective legal experience and perspectives on these and related business developments are highlighted in the report.
- DOWNLOAD: To view an excerpt of the pipeline safety developments section of the report, click here. To request a full digital copy of the report, contact info@babstcalland.com.
Babst Calland Attorneys Target Oil and Gas Political Issues to Watch (Hart Energy)
Hart energy
As the November election draws closer, Babst Calland’s Kevin Garber and Jean Mosites analyze the stance of major party candidates on key environmental issues and what the oil and gas industry can anticipate, depending on the victors.
U.S. Army Corps of Engineers Proposes to Reissue Nationwide Permits and Split NWP 12
Environmental Alert (Babst Calland)
The U.S. Army Corps of Engineers recently pre-published a proposed rule to issue and modify its Nationwide Permits (NWPs) aimed at clarifying and reducing the regulatory burden associated with certain authorized activities.
New PHMSA Rule Allows Rail LNG Transport
Pipeline Safety Alert (Babst Calland)
On July 24, 2020, PHMSA published a Final Rule allowing railroads to transport liquefied natural gas (LNG) in modified DOT-113C120W (DOT-113) railcars designed to hold cryogenic flammable liquids. The rulemaking attracted significant attention from industry eager to meet increased natural gas demand, safety organizations such as the National Transportation Safety Board that raised concerns about transporting LNG, and from environmental groups.
Appalachian Trail Not a Barrier to Atlantic Coast Pipeline
Energy & Natural Resources Alert (Babst Calland)
The U.S. Forest Service may grant permission for a natural gas pipeline to go underneath the Appalachian Trail, so says the United States Supreme Court in an opinion released on June 15, 2020.
PHMSA Proposes Regulatory Reforms for Natural Gas Pipelines
Pipeline Safety Alert (Babst Calland)
On June 9, 2020, PHMSA proposed amendments to the gas pipeline safety regulations at 49 C.F.R. Parts 191 and 192. The purpose of the NPRM is to ease regulatory burdens identified through internal agency review, petitions for rulemaking, and public comments. The proposed amendments are estimated to result in approximately $129 to $132 million in annualized cost savings, with the largest cost savings due to amendments related to farm taps and atmospheric corrosion inspections.
PHMSA Proposes New Guidance for Farm Taps
The PIOGA Press (by Keith Coyle and Ashleigh Krick)
On April 20, PHMSA published a request for comments on proposed frequently asked questions (FAQs) for the regulation of farm taps under 49 C.F.R. Parts 191 and 192.
Montana District Court’s Vacatur of NWP 12 Impacts Pipeline Projects Across United States
Environmental Alert (Babst Calland)
Repercussions of a Montana District Court’s vacatur of the U.S. Army Corps of Engineers Nationwide Permit (NWP) 12 continue to unfold. NWP 12 is widely utilized by pipeline developers, other energy project proponents, and utilities to authorize certain stream and wetland crossings, and any resulting discharge of dredged or fill material into waters of the United States under Section 404 of the Clean Water Act (CWA).
PHMSA Proposes Regulatory Reforms for Hazardous Liquid Pipelines
Pipeline Safety Alert (Babst Calland)
On April 16, 2020, PHMSA released a Notice of Proposed Rulemaking to amend the facility response planning, reporting, and external corrosion control requirements for hazardous liquids pipelines in 49 C.F.R. Parts 194 and 195. PHMSA also proposes modifications to the inspection and investigation requirements in Part 190 which would impact all regulated operators (hazardous liquid, natural gas, underground natural gas storage, and LNG). PHMSA’s proposal is intended to reduce regulatory burdens, as identified in internal agency reviews and stakeholder comments collected in 2017.
Update: U.S. DOT Agencies Extend Further COVID-19 HAZMAT Relief
Transportation Safety Alert (Babst Calland)
In response to the COVID-19 pandemic, U.S. DOT agencies that regulate the surface transportation of hazardous materials have extended several forms of relief. PHMSA waived some HazMat training requirements, delayed some equipment recertifications, provided guidance for complying with existing shipping paper rules while practicing safe social distancing, and adopted a temporary enforcement policy for transporting alcohol-based sanitizer.
PHMSA Issues Final Rule for Underground Natural Gas Storage Facilities
Pipeline Safety Alert (Babst Calland)
On February 12, 2020, PHMSA released a final rule establishing new safety standards and reporting requirements for underground natural gas storage (UNGS) facilities. The Final Rule modifies regulations that PHMSA previously established in an interim final rule (IFR) to address a congressional mandate in the Protecting Our Infrastructure of Pipelines and Enhancing Safety Act of 2016 (PIPES Act).
PHMSA Proposes New Valve Installation and Minimum Rupture Detection Standards for Gas and Hazardous Liquid Pipelines
Pipeline Safety Alert (Babst Calland)
On February 6, 2020, PHMSA published a notice of proposed rulemaking containing new valve installation and minimum rupture detection standards for gas and hazardous liquid pipelines. The NPRM would require the installation of automatic shutoff valves (ASV), remote-control valves (RCV), or equivalent technology, on certain gas transmission and hazardous liquid pipelines. The NPRM also contains proposed requirements for rupture detection and mitigation, including provisions for improving emergency response and conducting failure investigations and analyses.
Keith Coyle Discusses “Pipelines Are Safe and Getting Safer”
Testimony of Keith J. Coyle, Esq.
Pennsylvania State Senate Environmental Resources & Energy Committee
Consumer Protection & Professional Licensure Committee
Attorney Keith Coyle confirmed in a testimony during a joint Senate committee hearing on March, 20 2018 that “pipelines are the safest and most reliable means of transporting the nation’s energy products.” Keith chairs the Marcellus Shale Coalition’s Pipeline Safety Workgroup and served on Governor Wolf’s Pipeline Infrastructure Task Force.
